(a) An individual must be age 60 or older at the time of service to be eligible to participate in services under the Act, unless the Act otherwise provides an explicit exception. Exceptions are limited to the following specific services:

1. (1) Nutrition services:

   1. (i) Services shall be available to spouses of any age of older individuals;

   2. (ii) Services may be available to:

      1. (A) A person with a disability who lives with an adult age 60 or older or who resides in a housing facility that is primarily occupied by older adults at which congregate meals are served; and
      2. (B) A volunteer during meal hours.

2. (2) Family caregiver support services for:

   1. (i) Adults caring for older adults and adults caring for individuals of any age with Alzheimer's or a related disorder;
   2. (ii) Older relative caregivers who are caring for children and are not the biological or adoptive parent of the child, where older relative caregivers shall no longer be eligible for services under this part when the child reaches 18 years of age; or
   3. (iii) Older relative caregivers who are caring for individuals age 18 to 59 with disabilities and who may be of any relationship, including the biological or adoptive parent.
3. (3) Services such as information and assistance and public education, where recipients of information may not be age 60 or older, but the information is targeted to those who are age 60 or older and/or benefits those who are age 60 or older.
4. (4) Ombudsman program services, as provided in 45 CFR part 1324.

(b) State agencies, area agencies on aging, and local service providers may develop further eligibility requirements for implementation of services for older adults and family caregivers, as long as they do not conflict with the Act, this part, or guidance as set forth by the Assistant Secretary for Aging. Such requirements may include:

1. (1) Assessment of greatest social need;
2. (2) Assessment of greatest economic need;
3. (3) Assessment of functional and support need;
4. (4) Geographic boundaries;
5. (5) Limitations on number of persons that may be served;
6. (6) Limitations on number of units of service that may be provided;
7. (7) Limitations due to availability of staff/volunteers;
8. (8) Limitations to avoid duplication of services; and
9. (9) Specification of settings where services shall or may be provided.