In determining the resources of an individual (and spouse, if any), the unspent portion of any payment received by the individual as restitution for title II, title VIII or title XVI benefits misused by a representative payee under Sec. 404.2041, Sec. 408.641 or Sec. 416.641, respectively, is excluded for 9 months following the month of receipt. [70 FR 41139, July 18, 2005]