benefits over a period of time as eligible individuals than they would have as an eligible couple This may well be the legislative reason that the surviving spouse of an eligible couple is entitled to receive the unpaid benefits of his deceased spouse.

The supplemental security income program is a creature of statute, and the administrative law judge must be guided by the legislation and regulations pertaining to the creation of the program. As inequitable or unfair as it may appear to the surviving spouse that his wife's application was not as promptly processed and paid as his, nonetheless, delay did occur, and because they werer living separately when she died on January 19, 1975, he is not elibible to receive her unpaid benefits.

It is the decision of the administrative law judge that the underpayment due the deceased individual cannot be legally paid to her surviving spouse because they were living in separate accommodations at the time of her death, and he does not meet the requirements of Section 416.542(b) of Regulations No. 16.