US (United States) Code. Title 42. Chapter 7: Social Security

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC Sec. 1382a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part A - Determination of Benefits

-HEAD-

Sec. 1382a. Income; earned and unearned income defined; exclusions

from income

-STATUTE-

(a) For purposes of this subchapter, income means both earned

income and unearned income; and -

(1) earned income means only -

(A) wages as determined under section 403(f)(5)(C) of this

title but without the application of section 410(j)(3) of this

title;

(B) net earnings from self-employment, as defined in section

411 of this title (without the application of the second and

third sentences following subsection (a)(11),(!1) the last

paragraph of subsection (a), and section 410(j)(3) of this

title), including earnings for services described in paragraphs

(4), (5), and (6) of subsection (c);

(C) remuneration received for services performed in a

sheltered workshop or work activities center; and

(D) any royalty earned by an individual in connection with

any publication of the work of the individual, and that portion

of any honorarium which is received for services rendered; and

(2) unearned income means all other income, including -

(A) support and maintenance furnished in cash or kind; except

that (i) in the case of any individual (and his eligible

spouse, if any) living in another person's household and

receiving support and maintenance in kind from such person, the

dollar amounts otherwise applicable to such individual (and

spouse) as specified in subsections (a) and (b) of section 1382

of this title shall be reduced by 33 1/3 percent in lieu of

including such support and maintenance in the unearned income

of such individual (and spouse) as otherwise required by this

subparagraph, (ii) in the case of any individual or his

eligible spouse who resides in a nonprofit retirement home or

similar nonprofit institution, support and maintenance shall

not be included to the extent that it is furnished to such

individual or such spouse without such institution receiving

payment therefor (unless such institution has expressly

undertaken an obligation to furnish full support and

maintenance to such individual or spouse without any current or

future payment therefor) or payment therefor is made by another

nonprofit organization, and (iii) support and maintenance shall

not be included and the provisions of clause (i) shall not be

applicable in the case of any individual (and his eligible

spouse, if any) for the period which begins with the month in

which such individual (or such individual and his eligible

spouse) began to receive support and maintenance while living

in a residential facility (including a private household)

maintained by another person and ends with the close of the

month in which such individual (or such individual and his

eligible spouse) ceases to receive support and maintenance

while living in such a residential facility (or, if earlier,

with the close of the seventeenth month following the month in

which such period began), if, not more than 30 days prior to

the date on which such individual (or such individual and his

eligible spouse) began to receive support and maintenance while

living in such a residential facility, (I) such individual (or

such individual and his eligible spouse) were residing in a

household maintained by such individual (or by such individual

and others) as his or their own home, (II) there occurred

within the area in which such household is located (and while

such individual, or such individual and his spouse, were

residing in the household referred to in subclause (I)) a

catastrophe on account of which the President declared a major

disaster to exist therein for purposes of the Disaster Relief

and Emergency Assistance Act [42 U.S.C. 5121 et seq.], and

(III) such individual declares that he (or he and his eligible

spouse) ceased to continue living in the household referred to

in subclause (II) because of such catastrophe;

(B) any payments received as an annuity, pension, retirement,

or disability benefit, including veterans' compensation and

pensions, workmen's compensation payments, old-age, survivors,

and disability insurance benefits, railroad retirement

annuities and pensions, and unemployment insurance benefits;

(C) prizes and awards;

(D) payments to the individual occasioned by the death of

another person, to the extent that the total of such payments

exceeds the amount expended by such individual for purposes of

the deceased person's last illness and burial;

(E) support and alimony payments, and (subject to the

provisions of subparagraph (D) excluding certain amounts

expended for purposes of a last illness and burial) gifts (cash

or otherwise) and inheritances;

(F) rents, dividends, interest, and royalties not described

in paragraph (1)(E); and

(G) any earnings of, and additions to, the corpus of a trust

established by an individual (within the meaning of section

1382b(e) of this title), of which the individual is a

beneficiary, to which section 1382b(e) of this title applies,

and, in the case of an irrevocable trust, with respect to which

circumstances exist under which a payment from the earnings or

additions could be made to or for the benefit of the

individual.

(b) In determining the income of an individual (and his eligible

spouse) there shall be excluded -

(1) subject to limitations (as to amount or otherwise)

prescribed by the Commissioner of Social Security, if such

individual is a child who is, as determined by the Commissioner

of Social Security, a student regularly attending a school,

college, or university, or a course of vocational or technical

training designed to prepare him for gainful employment, the

earned income of such individual;

(2)(A) the first $240 per year (or proportionately smaller

amounts for shorter periods) of income (whether earned or

unearned) other than income which is paid on the basis of the

need of the eligible individual, and

(B) monthly (or other periodic) payments received by any

individual, under a program established prior to July 1, 1973 (or

any program established prior to such date but subsequently

amended so as to conform to State or Federal constitutional

standards), if (i) such payments are made by the State of which

the individual receiving such payments is a resident, (ii)

eligibility of any individual for such payments is not based on

need and is based solely on attainment of age 65 or any other age

set by the State and residency in such State by such individual,

and (iii) on or before September 30, 1985, such individual (I)

first becomes an eligible individual or an eligible spouse under

this title, and (II) satisfies the twenty-five-year residency

requirement of such program as such program was in effect prior

to January 1, 1983;

(3)(A) the total unearned income of such individual (and such

spouse, if any) in a month which, as determined in accordance

with criteria prescribed by the Commissioner of Social Security,

is received too infrequently or irregularly to be included, if

such income so received does not exceed $20 in such month, and

(B) the total earned income of such individual (and such spouse,

if any) in a month which, as determined in accordance with such

criteria, is received too infrequently or irregularly to be

included, if such income so received does not exceed $10 in such

month;

(4)(A) if such individual (or such spouse) is blind (and has

not attained age 65, or received benefits under this subchapter

(or aid under a State plan approved under section 1202 or 1382 of

this title) for the month before the month in which he attained

age 65), (i) the first $780 per year (or proportionately smaller

amounts for shorter periods) of earned income not excluded by the

preceding paragraphs of this subsection, plus one-half of the

remainder thereof, (ii) an amount equal to any expenses

reasonably attributable to the earning of any income, and (iii)

such additional amounts of other income, where such individual

has a plan for achieving self-support approved by the

Commissioner of Social Security, as may be necessary for the

fulfillment of such plan,

(B) if such individual (or such spouse) is disabled but not

blind (and has not attained age 65, or received benefits under

this subchapter (or aid under a State plan approved under section

1352 or 1382 of this title) for the month before the month in

which he attained age 65), (i) the first $780 per year (or

proportionately smaller amounts for shorter periods) of earned

income not excluded by the preceding paragraphs of this

subsection, (ii) such additional amounts of earned income of such

individual, if such individual's disability is sufficiently

severe to result in a functional limitation requiring assistance

in order for him to work, as may be necessary to pay the costs

(to such individual) of attendant care services, medical devices,

equipment, prostheses, and similar items and services (not

including routine drugs or routine medical services unless such

drugs or services are necessary for the control of the disabling

condition) which are necessary (as determined by the Commissioner

of Social Security in regulations) for that purpose, whether or

not such assistance is also needed to enable him to carry out his

normal daily functions, except that the amounts to be excluded

shall be subject to such reasonable limits as the Commissioner of

Social Security may prescribe, (iii) one-half of the amount of

earned income not excluded after the application of the preceding

provisions of this subparagraph, and (iv) such additional amounts

of other income, where such individual has a plan for achieving

self-support approved by the Commissioner of Social Security, as

may be necessary for the fulfillment of such plan, or

(C) if such individual (or such spouse) has attained age 65 and

is not included under subparagraph (A) or (B), the first $780 per

year (or proportionately smaller amounts for shorter periods) of

earned income not excluded by the preceding paragraphs of this

subsection, plus one-half of the remainder thereof;

(5) any amount received from any public agency as a return or

refund of taxes paid on real property or on food purchased by

such individual (or such spouse);

(6) assistance, furnished to or on behalf of such individual

(and spouse), which is based on need and furnished by any State

or political subdivision of a State;

(7) any portion of any grant, scholarship, or fellowship

received for use in paying the cost of tuition and fees at any

educational (including technical or vocational education)

institution;

(8) home produce of such individual (or spouse) utilized by the

household for its own consumption;

(9) if such individual is a child, one-third of any payment for

his support received from an absent parent;

(10) any amounts received for the foster care of a child who is

not an eligible individual but who is living in the same home as

such individual and was placed in such home by a public or

nonprofit private child-placement or child-care agency;

(11) assistance received under the Disaster Relief and

Emergency Assistance Act [42 U.S.C. 5121 et seq.] or other

assistance provided pursuant to a Federal statute on account of a

catastrophe which is declared to be a major disaster by the

President;

(12) interest income received on assistance funds referred to

in paragraph (11) within the 9-month period beginning on the date

such funds are received (or such longer periods as the

Commissioner of Social Security shall by regulations prescribe in

cases where good cause is shown by the individual concerned for

extending such period);

(13) any support or maintenance assistance furnished to or on

behalf of such individual (and spouse if any) which (as

determined under regulations of the Commissioner of Social

Security by such State agency as the chief executive officer of

the State may designate) is based on need for such support or

maintenance, including assistance received to assist in meeting

the costs of home energy (including both heating and cooling),

and which is (A) assistance furnished in kind by a private

nonprofit agency, or (B) assistance furnished by a supplier of

home heating oil or gas, by an entity providing home energy whose

revenues are primarily derived on a rate-of-return basis

regulated by a State or Federal governmental entity, or by a

municipal utility providing home energy;

(14) assistance paid, with respect to the dwelling unit

occupied by such individual (or such individual and spouse),

under the United States Housing Act of 1937 [42 U.S.C. 1437 et

seq.], the National Housing Act [12 U.S.C. 1701 et seq.], section

101 of the Housing and Urban Development Act of 1965 [12 U.S.C.

1701s], title V of the Housing Act of 1949 [42 U.S.C. 1471 et

seq.], or section 202(h) of the Housing Act of 1959 [12 U.S.C.

1701q(h)];

(15) the value of any commercial transportation ticket, for

travel by such individual (or spouse) among the 50 States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, and the Northern Mariana Islands,

which is received as a gift by such individual (or such spouse)

and is not converted to cash;

(16) interest accrued on the value of an agreement entered into

by such individual (or such spouse) representing the purchase of

a burial space excluded under section 1382b(a)(2)(B) of this

title, and left to accumulate;

(17) any amount received by such individual (or such spouse)

from a fund established by a State to aid victims of crime;

(18) relocation assistance provided by a State or local

government to such individual (or such spouse), comparable to

assistance provided under title II of the Uniform Relocation

Assistance and Real Property Acquisitions Policies Act of 1970

which is subject to the treatment required by section 216 of such

Act [42 U.S.C. 4636];

(19) any refund of Federal income taxes made to such individual

(or such spouse) by reason of section 32 of the Internal Revenue

Code of 1986 (relating to earned income tax credit), and any

payment made to such individual (or such spouse) by an employer

under section 3507 of such Code (relating to advance payment of

earned income credit);

(20) special pay received pursuant to section 310 of title 37;

(21) the interest or other earnings on any account established

and maintained in accordance with section 1383(a)(2)(F) of this

title; and

(22) any gift to, or for the benefit of, an individual who has

not attained 18 years of age and who has a life-threatening

condition, from an organization described in section 501(c)(3) of

the Internal Revenue Code of 1986 which is exempt from taxation

under section 501(a) of such Code -

(A) in the case of an in-kind gift, if the gift is not

converted to cash; or

(B) in the case of a cash gift, only to the extent that the

total amount excluded from the income of the individual

pursuant to this paragraph in the calendar year in which the

gift is made does not exceed $2,000.

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1612, as added Pub. L.

92-603, title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1468; amended

Pub. L. 93-484, Sec. 4, Oct. 26, 1974, 88 Stat. 1460; Pub. L.

94-202, Sec. 9, Jan. 2, 1976, 89 Stat. 1140; Pub. L. 94-331, Secs.

2(a), 4(a), June 30, 1976, 90 Stat. 781, 782; Pub. L. 94-455, title

XXI, Sec. 2125, Oct. 4, 1976, 90 Stat. 1920; Pub. L. 94-566, title

V, Sec. 505(b), Oct. 20, 1976, 90 Stat. 2686; Pub. L. 95-171, Sec.

8(a), Nov. 12, 1977, 91 Stat. 1355; Pub. L. 96-222, title I, Sec.

101(a)(2)(B), Apr. 1, 1980, 94 Stat. 195; Pub. L. 96-265, title II,

Sec. 202(a), title III, Sec. 302(b), June 9, 1980, 94 Stat. 449,

451; Pub. L. 96-473, Sec. 6(g), Oct. 19, 1980, 94 Stat. 2266; Pub.

L. 97-35, title XXIII, Sec. 2341(b), Aug. 13, 1981, 95 Stat. 865;

Pub. L. 97-424, title V, Sec. 545(a), Jan. 6, 1983, 96 Stat. 2198;

Pub. L. 98-21, title IV, Sec. 404(a), Apr. 20, 1983, 97 Stat. 140;

Pub. L. 98-369, div. B, title VI, Secs. 2616(a), 2639(b), (c),

2663(g)(3), (4), July 18, 1984, 98 Stat. 1133, 1144, 1145, 1168;

Pub. L. 99-514, Sec. 2, title XVIII, Sec. 1883(d)(2), (3), Oct. 22,

1986, 100 Stat. 2095, 2918; Pub. L. 100-203, title IX, Sec.

9120(a), Dec. 22, 1987, 101 Stat. 1330-309; Pub. L. 100-647, title

VIII, Sec. 8103(a), Nov. 10, 1988, 102 Stat. 3795; Pub. L. 100-707,

title I, Sec. 109(p), Nov. 23, 1988, 102 Stat. 4709; Pub. L.

101-239, title VIII, Secs. 8011(a), 8013(a), Dec. 19, 1989, 103

Stat. 2464; Pub. L. 101-508, title V, Secs. 5031(a), 5033(a),

5034(a), 5035(a), title XI, Sec. 11115(b)(1), Nov. 5, 1990, 104

Stat. 1388-224, 1388-225, 1388-414; Pub. L. 103-66, title XIII,

Sec. 13733(b), Aug. 10, 1993, 107 Stat. 662; Pub. L. 103-296, title

I, Sec. 107(a)(4), Aug. 15, 1994, 108 Stat. 1478; Pub. L. 103-432,

title II, Secs. 264(a), 267(a), Oct. 31, 1994, 108 Stat. 4467,

4469; Pub. L. 104-193, title II, Sec. 213(c), Aug. 22, 1996, 110

Stat. 2195; Pub. L. 105-306, Sec. 7(a), Oct. 28, 1998, 112 Stat.

2928; Pub. L. 106-169, title II, Sec. 205(b), Dec. 14, 1999, 113

Stat. 1834; Pub. L. 106-554, Sec. 1(a)(1) [title V, Sec. 519], Dec.

21, 2000, 114 Stat. 2763, 2763A-74.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec.

(b)(19), (22), is classified generally to Title 26, Internal

Revenue Code.

The Disaster Relief and Emergency Assistance Act, referred to in

subsecs. (a)(2)(A) and (b)(11), is Pub. L. 93-288, May 22, 1974, 88

Stat. 143, as amended, known as the Robert T. Stafford Disaster

Relief and Emergency Assistance Act, which is classified

principally to chapter 68 (Sec. 5121 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 5121 of this title and Tables.

Section 1382 of this title, referred to in subsec. (b)(4)(A),

(B), is a reference to section 1382 of this title as it existed

prior to the general revision of this subchapter by Pub. L. 92-603,

title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1465, eff. Jan. 1,

1974. The prior section (which is set out as a note under section

1382 of this title) continues in effect for Puerto Rico, Guam, and

the Virgin Islands.

The United States Housing Act of 1937, referred to in subsec.

(b)(14), is act Sept. 1, 1937, ch. 896, as revised generally by

Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653,

and amended, which is classified generally to chapter 8 (Sec. 1437

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1437 of this

title and Tables.

The National Housing Act, referred to in subsec. (b)(14), is act

June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is

classified principally to chapter 13 (Sec. 1701 et seq.) of Title

12, Banks and Banking. For complete classification of this Act to

the Code, see section 1701 of Title 12 and Tables.

Section 101 of the Housing and Urban Development Act of 1965,

referred to in subsec. (b)(14), is section 101 of Pub. L. 89-117,

title I, Aug. 10, 1965, 79 Stat. 451, as amended, which enacted

section 1701s of Title 12 and amended sections 1451 and 1465 of

this title.

The Housing Act of 1949, referred to in subsec. (b)(14), is act

July 15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the

Housing Act of 1949 is classified generally to subchapter III (Sec.

1471 et seq.) of chapter 8A of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1441 of this title and Tables.

The Uniform Relocation Assistance and Real Property Acquisitions

Policies Act of 1970, referred to in subsec. (b)(18), is Pub. L.

91-646, Jan. 2, 1971, 84 Stat. 1894, as amended. Title II of the

Act enacted subchapter II (Sec. 4621 et seq.) of chapter 61 of this

title, amended sections 1415, 2473, and 3307 of this title and

section 1606 of former Title 49, Transportation, repealed sections

1465 and 3074 of this title, section 2680 of Title 10, Armed

Forces, sections 501 to 512 of Title 23, Highways, sections 1231 to

1234 of Title 43, Public Lands, and enacted provisions set out as

notes under sections 4601 and 4621 of this title and under sections

501 to 512 of Title 23. For complete classification of title II to

the Code, see Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1)(A). Pub. L. 106-554, Sec. 1(a)(1) [title V,

Sec. 519(1)], inserted "but without the application of section

410(j)(3) of this title" before semicolon.

Subsec. (a)(1)(B). Pub. L. 106-554, Sec. 1(a)(1) [title V, Sec.

519(2)], substituted "the last" for "and the last" and inserted ",

and section 410(j)(3) of this title" after "subsection (a)".

1999 - Subsec. (a)(2)(G). Pub. L. 106-169 added subpar. (G).

1998 - Subsec. (b)(22). Pub. L. 105-306 added par. (22).

1996 - Subsec. (b)(21). Pub. L. 104-193 added par. (21).

1994 - Subsec. (a)(1)(C) to (E). Pub. L. 103-432, Sec. 267(a),

redesignated subpars. (D) and (E) as (C) and (D), respectively, and

struck out former subpar. (C) which read as follows: "any refund of

Federal income taxes made by reason of section 32 of the Internal

Revenue Code of 1986 (relating to earned income credit) and any

payment made by an employer under section 3507 of such Code

(relating to advance payment of earned income credit);".

Subsec. (b)(1), (3)(A), (4)(A), (B), (12), (13). Pub. L. 103-296

substituted "Commissioner of Social Security" for "Secretary"

wherever appearing.

Subsec. (b)(17). Pub. L. 103-432, Sec. 264(a), made technical

correction to directory language of Pub. L. 101-508, Sec.

5035(a)(2). See 1990 Amendment note below.

1993 - Subsec. (b)(20). Pub. L. 103-66 added par. (20).

1990 - Subsec. (a)(1)(E). Pub. L. 101-508, Sec. 5034(a)(1), added

subpar. (E).

Subsec. (a)(2)(F). Pub. L. 101-508, Sec. 5034(a)(2), inserted

"not described in paragraph (1)(E)" after "royalties".

Subsec. (b)(4)(B)(ii). Pub. L. 101-508, Sec. 5033(a), struck out

"(for purposes of determining the amount of his or her benefits

under this subchapter and of determining his or her eligibility for

such benefits for consecutive months of eligibility after the

initial month of such eligibility)" after "income of such

individual".

Subsec. (b)(16). Pub. L. 101-508, Sec. 5035(a)(1), struck out

"and" at end.

Subsec. (b)(17). Pub. L. 101-508, Sec. 5035(a)(2), as amended by

Pub. L. 103-432, Sec. 264(a), substituted "; and" for period at

end.

Pub. L. 101-508, Sec. 5031(a), added par. (17).

Subsec. (b)(18). Pub. L. 101-508, Sec. 5035(a)(3), added par.

(18).

Subsec. (b)(19). Pub. L. 101-508, Sec. 11115(b)(1)(C), added par.

(19).

1989 - Subsec. (b)(15). Pub. L. 101-239, Sec. 8011(a), added par.

(15).

Subsec. (b)(16). Pub. L. 101-239, Sec. 8013(a), added par. (16).

1988 - Subsecs. (a)(2)(A), (b)(11). Pub. L. 100-707 substituted

"Disaster Relief and Emergency Assistance Act" for "Disaster Relief

Act of 1974".

Subsec. (b)(14). Pub. L. 100-647 added par. (14).

1987 - Subsec. (a)(2)(D), (E). Pub. L. 100-203 amended subpars.

(D) and (E) generally. Prior to amendment, subpars. (D) and (E)

read as follows:

"(D) the proceeds of any life insurance policy to the extent that

they exceed the amount expended by the beneficiary for purposes of

the insured individual's last illness and burial or $1,500,

whichever is less;

"(E) gifts (cash or otherwise), support and alimony payments, and

inheritances; and".

1986 - Subsec. (a)(1)(C). Pub. L. 99-514, Sec. 1883(d)(2),

substituted "section 32" for "section 43".

Pub. L. 99-514, Sec. 2, substituted "Internal Revenue Code of

1986" for "Internal Revenue Code of 1954".

Subsec. (b)(2). Pub. L. 99-514, Sec. 1883(d)(3)(A), (B),

substituted ", and" for a semicolon in subpar. (A) and a semicolon

for a period in subpar. (B).

Subsec. (b)(11) to (13). Pub. L. 99-514, Sec. 1883(d)(3)(C),

provided for technical corrections relating to concluding

punctuation in pars. (11) to (13).

1984 - Subsec. (b)(2)(B). Pub. L. 98-369, Sec. 2663(g)(3),

realigned margin of subpar. (B).

Pub. L. 98-369, Sec. 2616(a), amended subpar. (B) generally.

Prior to amendment, subpar. (B) read as follows: "monthly (or other

periodic) payments received by any individual, under a program

established prior to July 1, 1973, if such payments are made by the

State of which the individual receiving such payments is a

resident, and if eligibility of any individual for such payments is

not based on need and is based solely on attainment of age 65 and

duration of residence in such State by such individual;".

Subsec. (b)(9). Pub. L. 98-369, Sec. 2663(g)(4), inserted a comma

after "child".

Subsec. (b)(13). Pub. L. 98-369, Sec. 2639(b), temporarily

amended par. (13) generally, redesignating former cls. (i) and (ii)

as (A) and (B), respectively. See Effective and Termination Dates

of 1984 Amendment note below.

1983 - Subsec. (b)(13). Pub. L. 98-21 temporarily substituted

"any support or maintenance assistance furnished to or on behalf of

such individual (and spouse if any) which (as determined under

regulations of the Secretary by such State agency as the chief

executive officer of the State may designate) is based on need for

such support or maintenance, including assistance received to

assist in meeting the costs of home energy (including both heating

and cooling), and which" for "any assistance received to assist in

meeting the costs of home energy, including both heating and

cooling, which (as determined under regulations of the Secretary by

such State agency as the chief executive officer of the State may

designate) (A) is based on need for such assistance, and (B)". See

Effective and Termination Dates of 1983 Amendments note below.

Pub. L. 97-424 temporarily added par. (13). See Effective and

Termination Dates of 1983 Amendments note below.

1981 - Subsec. (b)(3). Pub. L. 97-35 substituted "month" for

"calendar quarter" wherever appearing, "such month" for "such

quarter" wherever appearing, "$20" for "$60", and "$10" for "$30".

1980 - Subsec. (a)(1). Pub. L. 96-473, Sec. 6(g)(1), (2), in

subpar. (B) substituted "(a)(11)" for "(a)(10)", and redesignated

subpar. (C), as added by Pub. L. 96-265, Sec. 202(a)(2), as (D).

Pub. L. 96-265, Sec. 202(a)(2), added subpar. (C) which was

subsequently redesignated (D) by Pub. L. 96-473, Sec. 6(g)(2).

Pub. L. 96-222, Sec. 101(a)(2)(B)(ii), added subpar. (C).

Subsec. (b)(2)(B). Pub. L. 96-473, Sec. 6(g)(3), substituted

"monthly" for "Monthly" and substituted a semicolon for the period

at end of subpar. (B).

Subsec. (b)(4)(B). Pub. L. 96-265, Sec. 302(b), inserted

provisions relating to extraordinary work expenses due to severe

disability.

1977 - Subsec. (b)(12). Pub. L. 95-171 added par. (12).

1976 - Subsec. (a)(2)(A)(iii). Pub. L. 94-455 substituted

"seventeenth month" for "fifth month".

Pub. L. 94-331, Sec. 4(a)(2), added cl. (iii).

Subsec. (b)(2). Pub. L. 94-202 designated existing provisions as

par. (A) and added par. (B).

Subsec. (b)(6). Pub. L. 94-566 substituted "assistance, furnished

to or on behalf of such individual (and spouse), which" for

"assistance described in section 1382e(a) of this title which".

Subsec. (b)(11). Pub. L. 94-331, Sec. 2(a)(3), added par. (11).

1974 - Subsec. (a)(2)(A). Pub. L. 93-484 designated existing

provisions as cl. (i) and added cl. (ii).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-169, title II, Sec. 205(d), Dec. 14, 1999, 113 Stat.

1834, provided that: "The amendments made by this section [amending

this section and sections 1382b and 1396a of this title] shall take

effect on January 1, 2000, and shall apply to trusts established on

or after such date."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-306, Sec. 7(c), Oct. 28, 1998, 112 Stat. 2928,

provided that: "The amendments made by this section [amending this

section and section 1382b of this title] shall apply to gifts made

on or after the date that is 2 years before the date of the

enactment of this Act [Oct. 28, 1998]."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 213(d) of Pub. L. 104-193 provided that: "The amendments

made by this section [amending this section and sections 1382b and

1383 of this title] shall apply to payments made after the date of

the enactment of this Act [Aug. 22, 1996]."

EFFECTIVE DATE OF 1994 AMENDMENTS

Amendment by section 264(a) of Pub. L. 103-432 effective as if

included in the provision of Pub. L. 101-508 to which the amendment

relates at the time such provision became law, see section 264(h)

of Pub. L. 103-432, set out as a note under section 1320b-9 of this

title.

Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section

110(a) of Pub. L. 103-296, set out as a note under section 401 of

this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 13733(c) of Pub. L. 103-66 provided that: "The amendments

made by this section [amending this section and section 1382c of

this title] shall take effect on the 1st day of the 2nd month that

begins after the date of the enactment of this Act [Aug. 10,

1993]."

EFFECTIVE DATE OF 1990 AMENDMENT

Section 5031(d) of Pub. L. 101-508 provided that: "The amendments

made by this section [amending this section and sections 1382b and

1383 of this title] shall apply with respect to benefits for months

beginning on or after the first day of the 6th calendar month

following the month in which this Act is enacted [November 1990]."

Section 5033(b) of Pub. L. 101-508 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

benefits payable for calendar months beginning after the date of

the enactment of this Act [Nov. 5, 1990]."

Section 5034(b) of Pub. L. 101-508 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to benefits for months beginning on or after the first day

of the 13th calendar month following the month in which this Act is

enacted [November 1990]."

Section 5035(c) of Pub. L. 101-508, as amended by Pub. L. 103-66,

title XIII, Sec. 13732, Aug. 10, 1993, 107 Stat. 662, provided

that: "The amendments made by this section [amending this section

and section 1382b of this title] shall apply with respect to

benefits for calendar months beginning on or after the first day of

the 6th calendar month following the month in which this Act is

enacted [November 1990]."

Section 11115(e) of Pub. L. 101-508 provided that: "The

amendments made by subsections (a) though [sic] (c) [amending this

section and sections 602 and 1382b of this title] shall apply to

determinations of income or resources made for any period after

December 31, 1990."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 8011(b) of Pub. L. 101-239 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

the 1st day of the 3rd calendar month beginning after the date of

the enactment of this Act [Dec. 19, 1989]."

Section 8013(c) of Pub. L. 101-239 provided that: "The amendments

made by subsections (a) and (b) [amending this section and section

1382b of this title] shall take effect on the 1st day of the 4th

month beginning after the date of the enactment of this Act [Dec.

19, 1989]."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 8103(c) of Pub. L. 100-647 provided that: "The amendments

made by this section [amending this section and section 1382b of

this title] shall be effective as though they had been included in

section 162 of the Housing and Community Development Act of 1987

[Pub. L. 100-242, see Effective Date of 1988 Amendment note set out

under 12 U.S.C. 1701q] at the time of its enactment [Feb. 5,

1988]."

EFFECTIVE DATE OF 1987 AMENDMENT

Section 9120(b) of Pub. L. 100-203 provided that: "The amendments

made by subsection (a) [amending this section] shall become

effective April 1, 1988."

EFFECTIVE DATE OF 1984 AMENDMENT

Section 2616(b) of Pub. L. 98-369 provided that: "The amendment

made by subsection (a) [amending this section] shall become

effective on the date of the enactment of this Act [July 18,

1984]."

Section 2639(d) of Pub. L. 98-369, as amended by Pub. L. 100-203,

title IX, Sec. 9101, Dec. 22, 1987, 101 Stat. 1330-299, provided

that: "The amendments made by this section [amending this section

and section 602 of this title and repealing section 545(a)-(c) of

Pub. L. 97-424 and section 404 of Pub. L. 98-21, which had

previously amended this section and section 602 of this title and

had provided effective dates for those prior amendments] shall be

effective with respect to months which begin after September 30,

1984."

[Section 9101 of Pub. L. 100-203 provided that the amendment made

by that section to section 2639(d) of Pub. L. 98-369, set out as a

note above, is effective as of Oct. 1, 1987.]

Amendment by section 2663(g)(3), (4) of Pub. L. 98-369 effective

July 18, 1984, but not to be construed as changing or affecting any

right, liability, status, or interpretation which existed (under

the provisions of law involved) before that date, see section

2664(b) of Pub. L. 98-369, set out as a note under section 401 of

this title.

EFFECTIVE AND TERMINATION DATES OF 1983 AMENDMENTS

Section 545(c) of Pub. L. 97-424 and section 404(c) of Pub. L.

98-21, which had provided for the effective and termination dates

covering the enactment and subsequent amendment of subsec. (b)(13)

of this section by section 545(a) of Pub. L. 97-424 and section

404(a) of Pub. L. 98-21, were repealed by section 2639(c), (d) of

Pub. L. 98-369, effective with respect to months beginning after

Sept. 30, 1984.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective with respect to months after

first calendar quarter which ends more than five months after

August 1981, with provision for transitional payments, see section

2341(c) of Pub. L. 97-35, set out as an Effective Date of 1981

Amendment and Transitional Provisions note under section 1382 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENTS

Section 202(b) of Pub. L. 96-265 provided that: "The amendments

made by subsection (a) [amending this section] shall apply only

with respect to remuneration received in months after September

1980."

Amendment by section 302(b) of Pub. L. 96-265 applicable with

respect to expenses incurred on or after first day of sixth month

which begins after June 9, 1980, see section 302(c) of Pub. L.

96-265, set out as a note under section 423 of this title.

Section 101(b)(1)(B) of Pub. L. 96-222 provided that: "The

amendments made by subparagraphs (A) and (B) of subsection (a)(2)

[amending this section and section 602 of this title] shall apply

to payments for months beginning after December 31, 1979."

EFFECTIVE DATE OF 1977 AMENDMENT

Section 8(b) of Pub. L. 95-171 provided that: "The amendment made

by this section [amending this section] shall be effective July 1,

1976, with respect to catastrophes which occurred on or after June

1, 1976, and before December 31, 1976. With respect to catastrophes

which occurred on or after December 31, 1976, the amendment made by

this section shall be effective the first day of the calendar

quarter following enactment of this Act [Nov. 12, 1977]."

EFFECTIVE DATE OF 1976 AMENDMENTS

Amendment by Pub. L. 94-566 effective Oct. 1, 1976, see section

505(e) of Pub. L. 94-566, set out as a note under section 1382 of

this title.

Section 2(b) of Pub. L. 94-331, as amended by Pub. L. 95-171,

Sec. 6(a), Nov. 12, 1977, 91 Stat. 1355, effective the first day of

calendar quarter following Nov. 12, 1977, provided that: "The

amendments made by this Act [amending this section and sections

815, 3402, 6153, and 6154 of Title 26, Internal Revenue Code, and

enacting provisions set out as notes under sections 815 and 3402 of

Title 26] shall be applicable only in the case of catastrophes

which occur on or after June 1, 1976."

Section 4(b) of Pub. L. 94-331, as amended by Pub. L. 95-171,

Sec. 7(a), Nov. 12, 1977, 91 Stat. 1355, effective the first day of

calendar quarter following Nov. 12, 1977, provided that: "The

amendments made by this Act [see section 2(b) of Pub. L. 94-331,

set out above] shall be applicable only in the case of catastrophes

which occur on or after June 1, 1976."

EFFECTIVE DATE OF 1974 AMENDMENT

Section 4 of Pub. L. 93-484 provided that the amendment made by

that section is effective Jan. 1, 1974.

EFFECTIVE DATE

Section 301 of Pub. L. 92-603 provided that this section is

effective Jan. 1, 1974.

APPLICATION TO NORTHERN MARIANA ISLANDS

For applicability of this section to Northern Mariana Islands,

see section 502(a)(1) of the Covenant to Establish a Commonwealth

of the Northern Mariana Islands in Political Union with the United

States of America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 6593,

set out as notes under section 1801 of Title 48, Territories and

Insular Possessions.

PUERTO RICO, GUAM, AND VIRGIN ISLANDS

Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not

applicable to Puerto Rico, Guam, and the Virgin Islands, see

section 303(b) of Pub. L. 92-603, set out as a note under section

301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1382, 1382b, 1382e,

1382h, 1382j, 1383, 1396a, 1396b, 1396d, 1396p, 8624, 11398 of this

title; title 7 section 2014.

-FOOTNOTE-

(!1) So in original. Probably should be subsection "(a)(15),".

-End-

-CITE-

42 USC Sec. 1382b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part A - Determination of Benefits

-HEAD-

Sec. 1382b. Resources

-STATUTE-

(a) Exclusions from resources

In determining the resources of an individual (and his eligible

spouse, if any) there shall be excluded -

(1) the home (including the land that appertains thereto);

(2)(A) household goods, personal effects, and an automobile, to

the extent that their total value does not exceed such amount as

the Commissioner of Social Security determines to be reasonable;

and

(B) the value of any burial space or agreement (including any

interest accumulated thereon) representing the purchase of a

burial space (subject to such limits as to size or value as the

Commissioner of Social Security may by regulation prescribe) held

for the purpose of providing a place for the burial of the

individual, his spouse, or any other member of his immediate

family;

(3) other property which is so essential to the means of

self-support of such individual (and such spouse) as to warrant

its exclusion, as determined in accordance with and subject to

limitations prescribed by the Commissioner of Social Security,

except that the Commissioner of Social Security shall not

establish a limitation on property (including the tools of a

tradesperson and the machinery and livestock of a farmer) that is

used in a trade or business or by such individual as an employee;

(4) such resources of an individual who is blind or disabled

and who has a plan for achieving self-support approved by the

Commissioner of Social Security, as may be necessary for the

fulfillment of such plan;

(5) in the case of Natives of Alaska, shares of stock held in a

Regional or a Village Corporation, during the period of twenty

years in which such stock is inalienable, as provided in section

1606(h) and section 1607(c) of title 43;

(6) assistance referred to in section 1382a(b)(11) of this

title for the 9-month period beginning on the date such funds are

received (or for such longer period as the Commissioner of Social

Security shall by regulations prescribe in cases where good cause

is shown by the individual concerned for extending such period);

and, for purposes of this paragraph, the term "assistance"

includes interest thereon which is excluded from income under

section 1382a(b)(12) of this title;

(7) any amount received from the United States which is

attributable to underpayments of benefits due for one or more

prior months, under this subchapter or subchapter II of this

chapter, to such individual (or spouse) or to any other person

whose income is deemed to be included in such individual's (or

spouse's) income for purposes of this subchapter; but the

application of this paragraph in the case of any such individual

(and eligible spouse if any), with respect to any amount so

received from the United States, shall be limited to the first 6

months following the month in which such amount is received (or

to the first 9 months following such month with respect to any

amount so received during the period beginning October 1, 1987,

and ending September 30, 1989), and written notice of this

limitation shall be given to the recipient concurrently with the

payment of such amount;

(8) the value of assistance referred to in section 1382a(b)(14)

of this title, paid with respect to the dwelling unit occupied by

such individual (or such individual and spouse);

(9) for the 9-month period beginning after the month in which

received, any amount received by such individual (or such spouse)

from a fund established by a State to aid victims of crime, to

the extent that such individual (or such spouse) demonstrates

that such amount was paid as compensation for expenses incurred

or losses suffered as a result of a crime;

(10) for the 9-month period beginning after the month in which

received, relocation assistance provided by a State or local

government to such individual (or such spouse), comparable to

assistance provided under title II of the Uniform Relocation

Assistance and Real Property Acquisitions Policies Act of 1970

which is subject to the treatment required by section 216 of such

Act [42 U.S.C. 4636];

(11) for the month of receipt and the following month, any

refund of Federal income taxes made to such individual (or such

spouse) by reason of section 32 of the Internal Revenue Code of

1986 (relating to earned income tax credit), and any payment made

to such individual (or such spouse) by an employer under section

3507 of such Code (relating to advance payment of earned income

credit);

(12) any account, including accrued interest or other earnings

thereon, established and maintained in accordance with section

1383(a)(2)(F) of this title; and

(13) any gift to, or for the benefit of, an individual who has

not attained 18 years of age and who has a life-threatening

condition, from an organization described in section 501(c)(3) of

the Internal Revenue Code of 1986 which is exempt from taxation

under section 501(a) of such Code -

(A) in the case of an in-kind gift, if the gift is not

converted to cash; or

(B) in the case of a cash gift, only to the extent that the

total amount excluded from the resources of the individual

pursuant to this paragraph in the calendar year in which the

gift is made does not exceed $2,000.

In determining the resources of an individual (or eligible spouse)

an insurance policy shall be taken into account only to the extent

of its cash surrender value; except that if the total face value of

all life insurance policies on any person is $1,500 or less, no

part of the value of any such policy shall be taken into account.

(b) Disposition of resources; grounds for exemption from

disposition requirements

(1) The Commissioner of Social Security shall prescribe the

period or periods of time within which, and the manner in which,

various kinds of property must be disposed of in order not to be

included in determining an individual's eligibility for benefits.

Any portion of the individual's benefits paid for any such period

shall be conditioned upon such disposal; and any benefits so paid

shall (at the time of the disposal) be considered overpayments to

the extent they would not have been paid had the disposal occurred

at the beginning of the period for which such benefits were paid.

(2) Notwithstanding the provisions of paragraph (1), the

Commissioner of Social Security shall not require the disposition

of any real property for so long as it cannot be sold because (A)

it is jointly owned (and its sale would cause undue hardship, due

to loss of housing, for the other owner or owners), (B) its sale is

barred by a legal impediment, or (C) as determined under

regulations issued by the Commissioner of Social Security, the

owner's reasonable efforts to sell it have been unsuccessful.

(c) Disposal of resources for less than fair market value

(1)(A)(i) If an individual or the spouse of an individual

disposes of resources for less than fair market value on or after

the look-back date described in clause (ii)(I), the individual is

ineligible for benefits under this subchapter for months during the

period beginning on the date described in clause (iii) and equal to

the number of months calculated as provided in clause (iv).

(ii)(I) The look-back date described in this subclause is a date

that is 36 months before the date described in subclause (II).

(II) The date described in this subclause is the date on which

the individual applies for benefits under this subchapter or, if

later, the date on which the individual (or the spouse of the

individual) disposes of resources for less than fair market value.

(iii) The date described in this clause is the first day of the

first month in or after which resources were disposed of for less

than fair market value and which does not occur in any other period

of ineligibility under this paragraph.

(iv) The number of months calculated under this clause shall be

equal to -

(I) the total, cumulative uncompensated value of all resources

so disposed of by the individual (or the spouse of the

individual) on or after the look-back date described in clause

(ii)(I); divided by

(II) the amount of the maximum monthly benefit payable under

section 1382(b) of this title, plus the amount (if any) of the

maximum State supplementary payment corresponding to the State's

payment level applicable to the individual's living arrangement

and eligibility category that would otherwise be payable to the

individual by the Commissioner pursuant to an agreement under

section 1382e(a) of this title or section 212(b) of Public Law

93-66, for the month in which occurs the date described in clause

(ii)(II),

rounded, in the case of any fraction, to the nearest whole number,

but shall not in any case exceed 36 months.

(B)(i) Notwithstanding subparagraph (A), this subsection shall

not apply to a transfer of a resource to a trust if the portion of

the trust attributable to the resource is considered a resource

available to the individual pursuant to subsection (e)(3) of this

section (or would be so considered but for the application of

subsection (e)(4) of this section).

(ii) In the case of a trust established by an individual or an

individual's spouse (within the meaning of subsection (e) of this

section), if from such portion of the trust, if any, that is

considered a resource available to the individual pursuant to

subsection (e)(3) of this section (or would be so considered but

for the application of subsection (e)(4) of this section) or the

residue of the portion on the termination of the trust -

(I) there is made a payment other than to or for the benefit of

the individual; or

(II) no payment could under any circumstance be made to the

individual,

then, for purposes of this subsection, the payment described in

clause (I) or the foreclosure of payment described in clause (II)

shall be considered a transfer of resources by the individual or

the individual's spouse as of the date of the payment or

foreclosure, as the case may be.

(C) An individual shall not be ineligible for benefits under this

subchapter by reason of the application of this paragraph to a

disposal of resources by the individual or the spouse of the

individual, to the extent that -

(i) the resources are a home and title to the home was

transferred to -

(I) the spouse of the transferor;

(II) a child of the transferor who has not attained 21 years

of age, or is blind or disabled;

(III) a sibling of the transferor who has an equity interest

in such home and who was residing in the transferor's home for

a period of at least 1 year immediately before the date the

transferor becomes an institutionalized individual; or

(IV) a son or daughter of the transferor (other than a child

described in subclause (II)) who was residing in the

transferor's home for a period of at least 2 years immediately

before the date the transferor becomes an institutionalized

individual, and who provided care to the transferor which

permitted the transferor to reside at home rather than in such

an institution or facility;

(ii) the resources -

(I) were transferred to the transferor's spouse or to another

for the sole benefit of the transferor's spouse;

(II) were transferred from the transferor's spouse to another

for the sole benefit of the transferor's spouse;

(III) were transferred to, or to a trust (including a trust

described in section 1396p(d)(4) of this title) established

solely for the benefit of, the transferor's child who is blind

or disabled; or

(IV) were transferred to a trust (including a trust described

in section 1396p(d)(4) of this title) established solely for

the benefit of an individual who has not attained 65 years of

age and who is disabled;

(iii) a satisfactory showing is made to the Commissioner of

Social Security (in accordance with regulations promulgated by

the Commissioner) that -

(I) the individual who disposed of the resources intended to

dispose of the resources either at fair market value, or for

other valuable consideration;

(II) the resources were transferred exclusively for a purpose

other than to qualify for benefits under this subchapter; or

(III) all resources transferred for less than fair market

value have been returned to the transferor; or

(iv) the Commissioner determines, under procedures established

by the Commissioner, that the denial of eligibility would work an

undue hardship as determined on the basis of criteria established

by the Commissioner.

(D) For purposes of this subsection, in the case of a resource

held by an individual in common with another person or persons in a

joint tenancy, tenancy in common, or similar arrangement, the

resource (or the affected portion of such resource) shall be

considered to be disposed of by the individual when any action is

taken, either by the individual or by any other person, that

reduces or eliminates the individual's ownership or control of such

resource.

(E) In the case of a transfer by the spouse of an individual that

results in a period of ineligibility for the individual under this

subsection, the Commissioner shall apportion the period (or any

portion of the period) among the individual and the individual's

spouse if the spouse becomes eligible for benefits under this

subchapter.

(F) For purposes of this paragraph -

(i) the term "benefits under this subchapter" includes payments

of the type described in section 1382e(a) of this title and of

the type described in section 212(b) of Public Law 93-66;

(ii) the term "institutionalized individual" has the meaning

given such term in section 1396p(e)(3) of this title; and

(iii) the term "trust" has the meaning given such term in

subsection (e)(6)(A) of this section.

(2)(A) At the time an individual (and the individual's eligible

spouse, if any) applies for benefits under this subchapter, and at

the time the eligibility of an individual (and such spouse, if any)

for such benefits is redetermined, the Commissioner of Social

Security shall -

(i) inform such individual of the provisions of paragraph (1)

and section 1396p(c) of this title providing for a period of

ineligibility for benefits under this subchapter and subchapter

XIX of this chapter, respectively, for individuals who make

certain dispositions of resources for less than fair market

value, and inform such individual that information obtained

pursuant to clause (ii) will be made available to the State

agency administering a State plan under subchapter XIX of this

chapter (as provided in subparagraph (B)); and

(ii) obtain from such individual information which may be used

in determining whether or not a period of ineligibility for such

benefits would be required by reason of paragraph (1) or section

1396p(c) of this title.

(B) The Commissioner of Social Security shall make the

information obtained under subparagraph (A)(ii) available, on

request, to any State agency administering a State plan approved

under subchapter XIX of this chapter.

(d) Funds set aside for burial expenses

(1) In determining the resources of an individual, there shall be

excluded an amount, not in excess of $1,500 each with respect to

such individual and his spouse (if any), that is separately

identifiable and has been set aside to meet the burial and related

expenses of such individual or spouse.

(2) The amount of $1,500, referred to in paragraph (1), with

respect to an individual shall be reduced by an amount equal to (A)

the total face value of all insurance policies on his life which

are owned by him or his spouse and the cash surrender value of

which has been excluded in determining the resources of such

individual or of such individual and his spouse, and (B) the total

of any amounts in an irrevocable trust (or other irrevocable

arrangement) available to meet the burial and related expenses of

such individual or his spouse.

(3) If the Commissioner of Social Security finds that any part of

the amount excluded under paragraph (1) was used for purposes other

than those for which it was set aside in cases where the inclusion

of any portion of the amount would cause the resources of such

individual, or of such individual and spouse, to exceed the limits

specified in paragraph (1) or (2) (whichever may be applicable) of

section 1382(a) of this title, the Commissioner shall reduce any

future benefits payable to the eligible individual (or to such

individual and his spouse) by an amount equal to such part.

(4) The Commissioner of Social Security may provide by

regulations that whenever an amount set aside to meet burial and

related expenses is excluded under paragraph (1) in determining the

resources of an individual, any interest earned or accrued on such

amount (and left to accumulate), and any appreciation in the value

of prepaid burial arrangements for which such amount was set aside,

shall also be excluded (to such extent and subject to such

conditions or limitations as such regulations may prescribe) in

determining the resources (and the income) of such individual.

(e) Trusts

(1) In determining the resources of an individual, paragraph (3)

shall apply to a trust (other than a trust described in paragraph

(5)) established by the individual.

(2)(A) For purposes of this subsection, an individual shall be

considered to have established a trust if any assets of the

individual (or of the individual's spouse) are transferred to the

trust other than by will.

(B) In the case of an irrevocable trust to which are transferred

the assets of an individual (or of the individual's spouse) and the

assets of any other person, this subsection shall apply to the

portion of the trust attributable to the assets of the individual

(or of the individual's spouse).

(C) This subsection shall apply to a trust without regard to -

(i) the purposes for which the trust is established;

(ii) whether the trustees have or exercise any discretion under

the trust;

(iii) any restrictions on when or whether distributions may be

made from the trust; or

(iv) any restrictions on the use of distributions from the

trust.

(3)(A) In the case of a revocable trust established by an

individual, the corpus of the trust shall be considered a resource

available to the individual.

(B) In the case of an irrevocable trust established by an

individual, if there are any circumstances under which payment from

the trust could be made to or for the benefit of the individual (or

of the individual's spouse), the portion of the corpus from which

payment to or for the benefit of the individual (or of the

individual's spouse) could be made shall be considered a resource

available to the individual.

(4) The Commissioner of Social Security may waive the application

of this subsection with respect to an individual if the

Commissioner determines that such application would work an undue

hardship (as determined on the basis of criteria established by the

Commissioner) on the individual.

(5) This subsection shall not apply to a trust described in

subparagraph (A) or (C) of section 1396p(d)(4) of this title.

(6) For purposes of this subsection -

(A) the term "trust" includes any legal instrument or device

that is similar to a trust;

(B) the term "corpus" means, with respect to a trust, all

property and other interests held by the trust, including

accumulated earnings and any other addition to the trust after

its establishment (except that such term does not include any

such earnings or addition in the month in which the earnings or

addition is credited or otherwise transferred to the trust); and

(C) the term "asset" includes any income or resource of the

individual (or of the individual's spouse), including -

(i) any income excluded by section 1382a(b) of this title;

(ii) any resource otherwise excluded by this section; and

(iii) any other payment or property to which the individual

(or of the individual's spouse) is entitled but does not

receive or have access to because of action by -

(I) the individual or spouse;

(II) a person or entity (including a court) with legal

authority to act in place of, or on behalf of, the individual

or spouse; or

(III) a person or entity (including a court) acting at the

direction of, or on the request of, the individual or spouse.

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1613, as added Pub. L.

92-603, title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1470; amended

Pub. L. 94-569, Sec. 5, Oct. 20, 1976, 90 Stat. 2700; Pub. L.

95-171, Sec. 9(a), Nov. 12, 1977, 91 Stat. 1355; Pub. L. 96-611,

Sec. 5(a), Dec. 28, 1980, 94 Stat. 3567; Pub. L. 97-248, title I,

Sec. 185(a), (b), Sept. 3, 1982, 96 Stat. 406; Pub. L. 98-369, div.

B, title VI, Secs. 2614, 2663(g)(5), July 18, 1984, 98 Stat. 1132,

1168; Pub. L. 100-203, title IX, Secs. 9103(a), 9104(a), 9105(a),

9114(a), Dec. 22, 1987, 101 Stat. 1330-301, 1330-304; Pub. L.

100-360, title III, Sec. 303(c)(1), July 1, 1988, 102 Stat. 762;

Pub. L. 100-647, title VIII, Sec. 8103(b), Nov. 10, 1988, 102 Stat.

3795; Pub. L. 101-239, title VIII, Secs. 8013(b), 8014(a), Dec. 19,

1989, 103 Stat. 2465; Pub. L. 101-508, title V, Secs. 5031(b),

5035(b), title XI, Sec. 11115(b)(2), Nov. 5, 1990, 104 Stat.

1388-224, 1388-225, 1388-414; Pub. L. 103-296, title I, Sec.

107(a)(4), title III, Sec. 321(h)(2), Aug. 15, 1994, 108 Stat.

1478, 1544; Pub. L. 104-193, title II, Sec. 213(b), Aug. 22, 1996,

110 Stat. 2195; Pub. L. 105-306, Sec. 7(b), Oct. 28, 1998, 112

Stat. 2928; Pub. L. 106-169, title II, Secs. 205(a), 206(a), Dec.

14, 1999, 113 Stat. 1833, 1834.)

-REFTEXT-

REFERENCES IN TEXT

The Uniform Relocation Assistance and Real Property Acquisitions

Policies Act of 1970, referred to in subsec. (a)(10), is Pub. L.

91-646, Jan. 2, 1971, 84 Stat. 1894, as amended. Title II of the

Act enacted subchapter II (Sec. 4621 et seq.) of chapter 61 of this

title, amended sections 1415, 2473, and 3307 of this title and

section 1606 of former Title 49, Transportation, repealed sections

1465 and 3074 of this title, section 2680 of Title 10, Armed

Forces, sections 501 to 512 of Title 23, Highways, sections 1231 to

1234 of Title 43, Public Lands, and enacted provisions set out as

notes under sections 4601 and 4621 of this title and under sections

501 to 512 of Title 23. For complete classification of title II to

the Code, see Tables.

The Internal Revenue Code of 1986, referred to in subsec.

(a)(11), (13), is classified generally to Title 26, Internal

Revenue Code.

Section 212(b) of Public Law 93-66, referred to in subsec.

(c)(1)(A)(iv)(II), (F)(i), is section 212(b) of Pub. L. 93-66,

title II, July 9, 1973, 87 Stat. 155, as amended, which is set out

as a note under section 1382 of this title.

-MISC1-

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-169, Sec. 206(a)(1), struck out

"Notification of medicaid policy restricting eligibility of

institutionalized individuals for benefits based on" before

"Disposal" in subsec. heading.

Subsec. (c)(1). Pub. L. 106-169, Sec. 206(a)(5), added par. (1).

Former par. (1) redesignated (2)(A).

Subsec. (c)(2)(A). Pub. L. 106-169, Sec. 206(a)(4), redesignated

par. (1) as (2)(A).

Subsec. (c)(2)(A)(i). Pub. L. 106-169, Sec. 206(a)(2)(A), (C),

redesignated par. (1)(A) as (2)(A)(i), inserted "paragraph (1) and"

after "provisions of", and substituted "benefits under this

subchapter and subchapter XIX of this chapter, respectively," for

"benefits under subchapter XIX of this chapter", "clause (ii)" for

"subparagraph (B)", and "subparagraph (B)" for "paragraph (2)".

Subsec. (c)(2)(A)(ii). Pub. L. 106-169, Sec. 206(a)(2)(B), (C),

redesignated par. (1)(B) as (2)(A)(ii), struck out "by the State

agency" after "which may be used", and substituted "paragraph (1)

or section 1396p(c) of this title." for "section 1396p(c) of this

title if such individual (or such spouse, if any) enters a medical

institution or nursing facility."

Subsec. (c)(2)(B). Pub. L. 106-169, Sec. 206(a)(3), redesignated

par. (2) as (2)(B) and substituted "subparagraph (A)(ii)" for

"paragraph (1)(B)".

Subsec. (e). Pub. L. 106-169, Sec. 205(a), added subsec. (e).

1998 - Subsec. (a)(13). Pub. L. 105-306 added par. (13).

1996 - Subsec. (a)(12). Pub. L. 104-193 added par. (12).

1994 - Subsec. (a)(2) to (4), (6). Pub. L. 103-296, Sec.

107(a)(4), substituted "Commissioner of Social Security" for

"Secretary" wherever appearing.

Subsec. (a)(9) to (11). Pub. L. 103-296, Sec. 321(h)(2), struck

out "and" at end of par. (9), substituted "; and" for period at end

of par. (10) relating to relocation assistance, and redesignated

par. (10) relating to refunds of Federal income taxes as (11).

Subsecs. (b) to (d). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing and "the Commissioner shall" for "he shall" in subsec.

(d)(3).

1990 - Subsec. (a)(9). Pub. L. 101-508, Sec. 5031(b), added par.

(9).

Subsec. (a)(10). Pub. L. 101-508, Sec. 11115(b)(2), added par.

(10) relating to refunds of Federal income taxes.

Pub. L. 101-508, Sec. 5053(b), added par. (10) relating to

relocation assistance.

1989 - Subsec. (a)(2)(B). Pub. L. 101-239, Sec. 8013(b), inserted

"or agreement (including any interest accumulated thereon)

representing the purchase of a burial space".

Subsec. (a)(3). Pub. L. 101-239, Sec. 8014(a), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "other

property which, as determined in accordance with and subject to

limitations prescribed by the Secretary, is so essential to the

means of self-support of such individual (and such spouse) as to

warrant its exclusion;".

1988 - Subsec. (a)(8). Pub. L. 100-647 added par. (8).

Subsec. (c). Pub. L. 100-360 substituted "Notification of

medicaid policy restricting eligibility of institutionalized

individuals for benefits based on disposal of resources for less

than fair market value" for "Disposal of resources for less than

fair market value" in heading and amended text generally,

substituting pars. (1) and (2) for former pars. (1) to (4).

1987 - Subsec. (a)(7). Pub. L. 100-203, Sec. 9114(a), inserted

"(or to the first 9 months following such month with respect to any

amount so received during the period beginning October 1, 1987, and

ending September 30, 1989)" after "such amount is received".

Subsec. (b). Pub. L. 100-203, Sec. 9103, designated existing

provisions as par. (1) and added par. (2).

Subsec. (c)(1). Pub. L. 100-203, Sec. 9104(a)(1), inserted ", and

subject to paragraph (4) of this subsection" after "subsection (a)

of this section".

Subsec. (c)(4). Pub. L. 100-203, Sec. 9104(a)(2), added par. (4).

Subsec. (d)(1). Pub. L. 100-203, Sec. 9105(a)(1), struck out "if

the inclusion of any portion of such amount or amounts would cause

the resources of such individual, or of such individual and spouse,

to exceed the limits specified in paragraph (1) or (2) (whichever

may be applicable) of section 1382(a) of this title" after

"individual or spouse".

Subsec. (d)(3). Pub. L. 100-203, Sec. 9105(a)(2), substituted

"aside in cases where the inclusion of any portion of the amount

would cause the resources of such individual, or of such individual

and spouse, to exceed the limits specified in paragraph (1) or (2)

(whichever may be applicable) of section 1382(a) of this title" for

"aside".

1984 - Subsec. (a)(7). Pub. L. 98-369, Sec. 2614, added par. (7).

Subsec. (c). Pub. L. 98-369, Sec. 2663(g)(5), amended heading.

1982 - Subsec. (a)(2). Pub. L. 97-248, Sec. 185(a), redesignated

existing provisions as subpar. (A) and added subpar. (B).

Subsec. (d). Pub. L. 97-248, Sec. 185(b), added subsec. (d).

1980 - Subsec. (c). Pub. L. 96-611 added subsec. (c).

1977 - Subsec. (a)(6). Pub. L. 95-171 added par. (6).

1976 - Subsec. (a)(1). Pub. L. 94-569 struck out ", to the extent

that its value does not exceed such amount as the Secretary

determines to be reasonable" after "the home (including the land

that appertains thereto)".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by section 205(a) of Pub. L. 106-169 effective Jan. 1,

2000, and applicable to trusts established on or after such date,

see section 205(d) of Pub. L. 106-169, set out as a note under

section 1382a of this title.

Pub. L. 106-169, title II, Sec. 206(c), Dec. 14, 1999, 113 Stat.

1837, provided that: "The amendments made by this section [amending

this section and section 1396a of this title] shall be effective

with respect to disposals made on or after the date of the

enactment of this Act [Dec. 14, 1999]."

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-306 applicable to gifts made on or after

the date that is 2 years before Oct. 28, 1998, see section 7(c) of

Pub. L. 105-306, set out as a note under section 1382a of this

title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 213(b) of Pub. L. 104-193 applicable to

payments made after Aug. 22, 1996, see section 213(d) of Pub. L.

104-193, set out as a note under section 1382a of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note

under section 401 of this title.

Section 321(h)(3) of Pub. L. 103-296 provided that: "The

amendments made by this subsection [amending this section and

section 1383 of this title] shall take effect on the date of the

enactment of this Act [Aug. 15, 1994]."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 5031(b) of Pub. L. 101-508 applicable with

respect to benefits for months beginning on or after the first day

of the 6th calendar month following November 1990, see section

5031(d) of Pub. L. 101-508, set out as a note under section 1382a

of this title.

Amendment by section 5035(b) of Pub. L. 101-508 applicable with

respect to benefits for calendar months beginning on or after the

first day of the 6th calendar month following November 1990, see

section 5035(c) of Pub. L. 101-508, as amended, set out as a note

under section 1382a of this title.

Amendment by section 11115(b)(2) of Pub. L. 101-508 applicable to

determinations of income or resources made for any period after

Dec. 31, 1990, see section 11115(e) of Pub. L. 101-508, set out as

a note under section 1382a of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 8013(b) of Pub. L. 101-239 effective on 1st

day of 4th month beginning after Dec. 19, 1989, see section 8013(c)

of Pub. L. 101-239, set out as a note under section 1382a of this

title.

Section 8014(b) of Pub. L. 101-239 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

the 1st day of the 5th calendar month beginning after the date of

the enactment of this Act [Dec. 19, 1989]."

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-647 effective as though included in

section 162 of Housing and Community Development Act of 1987, Pub.

L. 100-242, at the time of its enactment, on Feb. 5, 1988, see

section 8103(c) of Pub. L. 100-647, set out as a note under section

1382a of this title.

Amendment by Pub. L. 100-360 applicable to transfers occurring on

or after July 1, 1988, without regard to whether or not final

regulations to carry out such amendment have been promulgated by

such date, see section 303(g)(3) of Pub. L. 100-360, set out as a

note under section 1396r-5 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 9103(b) of Pub. L. 100-203 provided that: "The amendments

made by subsection (a) [amending this section] shall become

effective April 1, 1988."

Section 9104(b) of Pub. L. 100-203 provided that: "The amendments

made by subsection (a) [amending this section] shall become

effective April 1, 1988."

Section 9105(b) of Pub. L. 100-203 provided that: "The amendments

made by subsection (a) [amending this section] shall become

effective April 1, 1988."

Section 9114(b) of Pub. L. 100-203 provided that: "The amendment

made by subsection (a) [amending this section] shall become

effective January 1, 1988."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 2614 of Pub. L. 98-369 effective Oct. 1,

1984, except as otherwise specifically provided, see section 2646

of Pub. L. 98-369, set out as a note under section 657 of this

title.

Amendment by section 2663(g)(5) of Pub. L. 98-369 effective July

18, 1984, but not to be construed as changing or affecting any

right, liability, status, or interpretation which existed (under

the provisions of law involved) before that date, see section

2664(b) of Pub. L. 98-369, set out as a note under section 401 of

this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 185(c) of Pub. L. 97-248 provided that: "The amendment

made by this section [amending this section] shall take effect on

the first day of the second month after the month in which this Act

is enacted [September 1982]."

EFFECTIVE DATE OF 1980 AMENDMENT

Section 5(c) of Pub. L. 96-611 provided that: "The amendment made

by subsection (a) [amending this section] shall be effective with

respect to applications for benefits under title XVI of the Social

Security Act [this subchapter] filed on or after the first day of

the first month which begins at least 60 days after the date of

enactment of this Act [Dec. 28, 1980]."

EFFECTIVE DATE OF 1977 AMENDMENT

Section 9(b) of Pub. L. 95-171 provided that: "The amendment made

by this section [amending this section] shall be effective July 1,

1976, with respect to catastrophes which occurred on or after June

1, 1976, and before December 31, 1976. With respect to catastrophes

which occurred on or after December 1, 1976, the amendment made by

this section shall be effective the first day of the calendar

quarter following enactment of this Act [Nov. 12, 1977]."

EFFECTIVE DATE

Section 301 of Pub. L. 92-603 provided that this section is

effective Jan. 1, 1974.

APPLICATION TO NORTHERN MARIANA ISLANDS

For applicability of this section to the Northern Mariana

Islands, see section 502(a)(1) of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America and Proc. No. 4534, Oct. 24,

1977, 42 F.R. 6593, set out as notes under section 1801 of Title

48, Territories and Insular Possessions.

PUERTO RICO, GUAM, AND VIRGIN ISLANDS

Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not

applicable to Puerto Rico, Guam, and the Virgin Islands, see

section 303(b) of Pub. L. 92-603, set out as a note under section

301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1382, 1382a, 1382j,

1396a, 1396d, 1396p, 1396r-5, 1437a of this title; title 25 section

4103.

-End-

-CITE-

42 USC Sec. 1382c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part A - Determination of Benefits

-HEAD-

Sec. 1382c. Definitions

-STATUTE-

(a)(1) For purposes of this subchapter, the term "aged, blind, or

disabled individual" means an individual who -

(A) is 65 years of age or older, is blind (as determined under

paragraph (2)), or is disabled (as determined under paragraph

(3)), and

(B)(i) is a resident of the United States, and is either (I) a

citizen or (II) an alien lawfully admitted for permanent

residence or otherwise permanently residing in the United States

under color of law (including any alien who is lawfully present

in the United States as a result of the application of the

provisions of section 1182(d)(5) of title 8), or

(ii) is a child who is a citizen of the United States, who is

living with a parent of the child who is a member of the Armed

Forces of the United States assigned to permanent duty ashore

outside the United States, and who, for the month before the

parent reported for such assignment, received a benefit under

this subchapter.

(2) An individual shall be considered to be blind for purposes of

this subchapter if he has central visual acuity of 20/200 or less

in the better eye with the use of a correcting lens. An eye which

is accompanied by a limitation in the fields of vision such that

the widest diameter of the visual field subtends an angle no

greater than 20 degrees shall be considered for purposes of the

first sentence of this subsection as having a central visual acuity

of 20/200 or less. An individual shall also be considered to be

blind for purposes of this subchapter if he is blind as defined

under a State plan approved under subchapter X or XVI of this

chapter as in effect for October 1972 and received aid under such

plan (on the basis of blindness) for December 1973, so long as he

is continuously blind as so defined.

(3)(A) Except as provided in subparagraph (C), an individual

shall be considered to be disabled for purposes of this subchapter

if he is unable to engage in any substantial gainful activity by

reason of any medically determinable physical or mental impairment

which can be expected to result in death or which has lasted or can

be expected to last for a continuous period of not less than twelve

months.

(B) For purposes of subparagraph (A), an individual shall be

determined to be under a disability only if his physical or mental

impairment or impairments are of such severity that he is not only

unable to do his previous work but cannot, considering his age,

education, and work experience, engage in any other kind of

substantial gainful work which exists in the national economy,

regardless of whether such work exists in the immediate area in

which he lives, or whether a specific job vacancy exists for him,

or whether he would be hired if he applied for work. For purposes

of the preceding sentence (with respect to any individual), "work

which exists in the national economy" means work which exists in

significant numbers either in the region where such individual

lives or in several regions of the country.

(C)(i) An individual under the age of 18 shall be considered

disabled for the purposes of this subchapter if that individual has

a medically determinable physical or mental impairment, which

results in marked and severe functional limitations, and which can

be expected to result in death or which has lasted or can be

expected to last for a continuous period of not less than 12

months.

(ii) Notwithstanding clause (i), no individual under the age of

18 who engages in substantial gainful activity (determined in

accordance with regulations prescribed pursuant to subparagraph

(E)) may be considered to be disabled.

(D) For purposes of this paragraph, a physical or mental

impairment is an impairment that results from anatomical,

physiological, or psychological abnormalities which are

demonstrable by medically acceptable clinical and laboratory

diagnostic techniques.

(E) The Commissioner of Social Security shall by regulations

prescribe the criteria for determining when services performed or

earnings derived from services demonstrate an individual's ability

to engage in substantial gainful activity. In determining whether

an individual is able to engage in substantial gainful activity by

reason of his earnings, where his disability is sufficiently severe

to result in a functional limitation requiring assistance in order

for him to work, there shall be excluded from such earnings an

amount equal to the cost (to such individual) of any attendant care

services, medical devices, equipment, prostheses, and similar items

and services (not including routine drugs or routine medical

services unless such drugs or services are necessary for the

control of the disabling condition) which are necessary (as

determined by the Commissioner of Social Security in regulations)

for that purpose, whether or not such assistance is also needed to

enable him to carry out his normal daily functions; except that the

amounts to be excluded shall be subject to such reasonable limits

as the Commissioner of Social Security may prescribe.

Notwithstanding the provisions of subparagraph (B), an individual

whose services or earnings meet such criteria shall be found not to

be disabled. The Commissioner of Social Security shall make

determinations under this subchapter with respect to substantial

gainful activity, without regard to the legality of the activity.

(F) Notwithstanding the provisions of subparagraphs (A) through

(E), an individual shall also be considered to be disabled for

purposes of this subchapter if he is permanently and totally

disabled as defined under a State plan approved under subchapter

XIV or XVI of this chapter as in effect for October 1972 and

received aid under such plan (on the basis of disability) for

December 1973 (and for at least one month prior to July 1973), so

long as he is continuously disabled as so defined.

(G) In determining whether an individual's physical or mental

impairment or impairments are of a sufficient medical severity that

such impairment or impairments could be the basis of eligibility

under this section, the Commissioner of Social Security shall

consider the combined effect of all of the individual's impairments

without regard to whether any such impairment, if considered

separately, would be of such severity. If the Commissioner of

Social Security does find a medically severe combination of

impairments, the combined impact of the impairments shall be

considered throughout the disability determination process.

(H)(i) In making determinations with respect to disability under

this subchapter, the provisions of sections 421(h), 421(k), and

423(d)(5) of this title shall apply in the same manner as they

apply to determinations of disability under subchapter II of this

chapter.

(ii)(I) Not less frequently than once every 3 years, the

Commissioner shall review in accordance with paragraph (4) the

continued eligibility for benefits under this subchapter of each

individual who has not attained 18 years of age and is eligible for

such benefits by reason of an impairment (or combination of

impairments) which is likely to improve (or, at the option of the

Commissioner, which is unlikely to improve).

(II) A representative payee of a recipient whose case is reviewed

under this clause shall present, at the time of review, evidence

demonstrating that the recipient is, and has been, receiving

treatment, to the extent considered medically necessary and

available, of the condition which was the basis for providing

benefits under this subchapter.

(III) If the representative payee refuses to comply without good

cause with the requirements of subclause (II), the Commissioner of

Social Security shall, if the Commissioner determines it is in the

best interest of the individual, promptly suspend payment of

benefits to the representative payee, and provide for payment of

benefits to an alternative representative payee of the individual

or, if the interest of the individual under this subchapter would

be served thereby, to the individual.

(IV) Subclause (II) shall not apply to the representative payee

of any individual with respect to whom the Commissioner determines

such application would be inappropriate or unnecessary. In making

such determination, the Commissioner shall take into consideration

the nature of the individual's impairment (or combination of

impairments). Section 1383(c) of this title shall not apply to a

finding by the Commissioner that the requirements of subclause (II)

should not apply to an individual's representative payee.

(iii) If an individual is eligible for benefits under this

subchapter by reason of disability for the month preceding the

month in which the individual attains the age of 18 years, the

Commissioner shall redetermine such eligibility -

(I) by applying the criteria used in determining initial

eligibility for individuals who are age 18 or older; and

(II) either during the 1-year period beginning on the

individual's 18th birthday or, in lieu of a continuing disability

review, whenever the Commissioner determines that an individual's

case is subject to a redetermination under this clause.

With respect to any redetermination under this clause, paragraph

(4) shall not apply.

(iv)(I) Except as provided in subclause (VI), not later than 12

months after the birth of an individual, the Commissioner shall

review in accordance with paragraph (4) the continuing eligibility

for benefits under this subchapter by reason of disability of such

individual whose low birth weight is a contributing factor material

to the Commissioner's determination that the individual is

disabled.

(II) A review under subclause (I) shall be considered a

substitute for a review otherwise required under any other

provision of this subparagraph during that 12-month period.

(III) A representative payee of a recipient whose case is

reviewed under this clause shall present, at the time of review,

evidence demonstrating that the recipient is, and has been,

receiving treatment, to the extent considered medically necessary

and available, of the condition which was the basis for providing

benefits under this subchapter.

(IV) If the representative payee refuses to comply without good

cause with the requirements of subclause (III), the Commissioner of

Social Security shall, if the Commissioner determines it is in the

best interest of the individual, promptly suspend payment of

benefits to the representative payee, and provide for payment of

benefits to an alternative representative payee of the individual

or, if the interest of the individual under this subchapter would

be served thereby, to the individual.

(V) Subclause (III) shall not apply to the representative payee

of any individual with respect to whom the Commissioner determines

such application would be inappropriate or unnecessary. In making

such determination, the Commissioner shall take into consideration

the nature of the individual's impairment (or combination of

impairments). Section 1383(c) of this title shall not apply to a

finding by the Commissioner that the requirements of subclause

(III) should not apply to an individual's representative payee.

(VI) Subclause (I) shall not apply in the case of an individual

described in that subclause who, at the time of the individual's

initial disability determination, the Commissioner determines has

an impairment that is not expected to improve within 12 months

after the birth of that individual, and who the Commissioner

schedules for a continuing disability review at a date that is

after the individual attains 1 year of age.

(I) In making any determination under this subchapter with

respect to the disability of an individual who has not attained the

age of 18 years and to whom section 421(h) of this title does not

apply, the Commissioner of Social Security shall make reasonable

efforts to ensure that a qualified pediatrician or other individual

who specializes in a field of medicine appropriate to the

disability of the individual (as determined by the Commissioner of

Social Security) evaluates the case of such individual.

(J) Notwithstanding subparagraph (A), an individual shall not be

considered to be disabled for purposes of this subchapter if

alcoholism or drug addiction would (but for this subparagraph) be a

contributing factor material to the Commissioner's determination

that the individual is disabled.

(4) A recipient of benefits based on disability under this

subchapter may be determined not to be entitled to such benefits on

the basis of a finding that the physical or mental impairment on

the basis of which such benefits are provided has ceased, does not

exist, or is not disabling only if such finding is supported by -

(A) in the case of an individual who is age 18 or older -

(i) substantial evidence which demonstrates that -

(I) there has been any medical improvement in the

individual's impairment or combination of impairments (other

than medical improvement which is not related to the

individual's ability to work), and

(II) the individual is now able to engage in substantial

gainful activity; or

(ii) substantial evidence (except in the case of an

individual eligible to receive benefits under section 1382h of

this title) which -

(I) consists of new medical evidence and a new assessment

of the individual's residual functional capacity, and

demonstrates that -

(aa) although the individual has not improved medically,

he or she is nonetheless a beneficiary of advances in

medical or vocational therapy or technology (related to the

individual's ability to work), and

(bb) the individual is now able to engage in substantial

gainful activity, or

(II) demonstrates that -

(aa) although the individual has not improved medically,

he or she has undergone vocational therapy (related to the

individual's ability to work), and

(bb) the individual is now able to engage in substantial

gainful activity; or

(iii) substantial evidence which demonstrates that, as

determined on the basis of new or improved diagnostic

techniques or evaluations, the individual's impairment or

combination of impairments is not as disabling as it was

considered to be at the time of the most recent prior decision

that he or she was under a disability or continued to be under

a disability, and that therefore the individual is able to

engage in substantial gainful activity; or

(B) in the case of an individual who is under the age of 18 -

(i) substantial evidence which demonstrates that there has

been medical improvement in the individual's impairment or

combination of impairments, and that such impairment or

combination of impairments no longer results in marked and

severe functional limitations; or

(ii) substantial evidence which demonstrates that, as

determined on the basis of new or improved diagnostic

techniques or evaluations, the individual's impairment or

combination of impairments, is not as disabling as it was

considered to be at the time of the most recent prior decision

that the individual was under a disability or continued to be

under a disability, and such impairment or combination of

impairments does not result in marked and severe functional

limitations; or

(C) in the case of any individual, substantial evidence (which

may be evidence on the record at the time any prior determination

of the entitlement to benefits based on disability was made, or

newly obtained evidence which relates to that determination)

which demonstrates that a prior determination was in error.

Nothing in this paragraph shall be construed to require a

determination that an individual receiving benefits based on

disability under this subchapter is entitled to such benefits if

the prior determination was fraudulently obtained or if the

individual is engaged in substantial gainful activity, cannot be

located, or fails, without good cause, to cooperate in a review of

his or her entitlement or to follow prescribed treatment which

would be expected (i) to restore his or her ability to engage in

substantial gainful activity, or (ii) in the case of an individual

under the age of 18, to eliminate or improve the individual's

impairment or combination of impairments so that it no longer

results in marked and severe functional limitations. Any

determination under this paragraph shall be made on the basis of

all the evidence available in the individual's case file, including

new evidence concerning the individual's prior or current condition

which is presented by the individual or secured by the Commissioner

of Social Security. Any determination made under this paragraph

shall be made on the basis of the weight of the evidence and on a

neutral basis with regard to the individual's condition, without

any initial inference as to the presence or absence of disability

being drawn from the fact that the individual has previously been

determined to be disabled.

(b) For purposes of this subchapter, the term "eligible spouse"

means an aged, blind, or disabled individual who is the husband or

wife of another aged, blind, or disabled individual, and who, in a

month, is living with such aged, blind, or disabled individual on

the first day of the month or, in any case in which either spouse

files an application for benefits, on the first day of the month

following the date the application is filed, or, in any case in

which either spouse requests restoration of eligibility under this

subchapter during the month, at the time the request is filed. If

two aged, blind, or disabled individuals are husband and wife as

described in the preceding sentence, only one of them may be an

"eligible individual" within the meaning of section 1382(a) of this

title.

(c) For purposes of this subchapter, the term "child" means an

individual who is neither married nor (as determined by the

Commissioner of Social Security) the head of a household, and who

is (1) under the age of eighteen, or (2) under the age of

twenty-two and (as determined by the Commissioner of Social

Security) a student regularly attending a school, college, or

university, or a course of vocational or technical training

designed to prepare him for gainful employment.

(d) In determining whether two individuals are husband and wife

for purposes of this subchapter, appropriate State law shall be

applied; except that -

(1) if a man and woman have been determined to be husband and

wife under section 416(h)(1) of this title for purposes of

subchapter II of this chapter they shall be considered (from and

after the date of such determination or the date of their

application for benefits under this subchapter, whichever is

later) to be husband and wife for purposes of this subchapter, or

(2) if a man and woman are found to be holding themselves out

to the community in which they reside as husband and wife, they

shall be so considered for purposes of this subchapter

notwithstanding any other provision of this section.

(e) For purposes of this subchapter, the term "United States",

when used in a geographical sense, means the 50 States and the

District of Columbia.

(f)(1) For purposes of determining eligibility for and the amount

of benefits for any individual who is married and whose spouse is

living with him in the same household but is not an eligible

spouse, such individual's income and resources shall be deemed to

include any income and resources of such spouse, whether or not

available to such individual, except to the extent determined by

the Commissioner of Social Security to be inequitable under the

circumstances.

(2)(A) For purposes of determining eligibility for and the amount

of benefits for any individual who is a child under age 18, such

individual's income and resources shall be deemed to include any

income and resources of a parent of such individual (or the spouse

of such a parent) who is living in the same household as such

individual, whether or not available to such individual, except to

the extent determined by the Commissioner of Social Security to be

inequitable under the circumstances.

(B) Subparagraph (A) shall not apply in the case of any child who

has not attained the age of 18 years who -

(i) is disabled;

(ii) received benefits under this subchapter, pursuant to

section 1382(e)(1)(B) of this title, while in an institution

described in section 1382(e)(1)(B) of this title;

(iii) is eligible for medical assistance under a State home

care plan approved by the Secretary under the provisions of

section 1396n(c) of this title relating to waivers, or authorized

under section 1396a(e)(3) of this title; and

(iv) but for this subparagraph, would not be eligible for

benefits under this subchapter.

(3) For purposes of determining eligibility for and the amount of

benefits for any individual who is an alien, such individual's

income and resources shall be deemed to include the income and

resources of his sponsor and such sponsor's spouse (if such alien

has a sponsor) as provided in section 1382j of this title. Any such

income deemed to be income of such individual shall be treated as

unearned income of such individual.

(4) For purposes of paragraphs (1) and (2), a spouse or parent

(or spouse of such a parent) who is absent from the household in

which the individual lives due solely to a duty assignment as a

member of the Armed Forces on active duty shall, in the absence of

evidence to the contrary, be deemed to be living in the same

household as the individual.

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1614, as added Pub. L.

92-603, title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1471; amended

Pub. L. 93-233, Sec. 9, Dec. 31, 1973, 87 Stat. 957; Pub. L.

96-265, title II, Sec. 203(a), title III, Secs. 302(a)(2),

303(c)(1), title V, Sec. 504(a), June 9, 1980, 94 Stat. 449, 450,

453, 471; Pub. L. 98-369, div. B, title VI, Sec. 2663(g)(6), (7),

July 18, 1984, 98 Stat. 1168, 1169; Pub. L. 98-460, Secs. 2(c),

3(a)(2), 4(b), 8(b), 10(b), Oct. 9, 1984, 98 Stat. 1796, 1799,

1800, 1804, 1805; Pub. L. 99-643, Sec. 4(d)(2), (3)(A), Nov. 10,

1986, 100 Stat. 3577; Pub. L. 101-239, title VIII, Secs. 8009(b),

8010(a), 8012(a), Dec. 19, 1989, 103 Stat. 2463, 2464; Pub. L.

101-508, title V, Sec. 5036(a), Nov. 5, 1990, 104 Stat. 1388-225;

Pub. L. 101-649, title I, Sec. 162(e)(5), Nov. 29, 1990, 104 Stat.

5011; Pub. L. 103-66, title XIII, Secs. 13733(a), 13734(a), Aug.

10, 1993, 107 Stat. 662; Pub. L. 103-296, title I, Sec. 107(a)(4),

title II, Sec. 201(b)(4)(A), Aug. 15, 1994, 108 Stat. 1478, 1505;

Pub. L. 103-432, title II, Sec. 221(a), Oct. 31, 1994, 108 Stat.

4462; Pub. L. 104-121, title I, Sec. 105(b)(1), Mar. 29, 1996, 110

Stat. 853; Pub. L. 104-193, title II, Secs. 204(c)(1), 211(a), (c),

212(a), (b)(1), (c), Aug. 22, 1996, 110 Stat. 2188, 2189, 2192,

2193; Pub. L. 105-33, title V, Sec. 5522(a), (d), Aug. 5, 1997, 111

Stat. 622, 623.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a)(3)(H)(iii). Pub. L. 105-33, Sec. 5522(a)(1),

added subcls. (I) and (II) and concluding provisions and struck out

former subcls. (I) and (II) and concluding provisions which read as

follows:

"(I) during the 1-year period beginning on the individual's

18th birthday; and

"(II) by applying the criteria used in determining the initial

eligibility for applicants who are age 18 or older.

With respect to a redetermination under this clause, paragraph (4)

shall not apply and such redetermination shall be considered a

substitute for a review or redetermination otherwise required under

any other provision of this subparagraph during that 1-year

period."

Subsec. (a)(3)(H)(iv). Pub. L. 105-33, Sec. 5522(a)(2),

substituted "Except as provided in subclause (VI), not" for "Not"

in subcl. (I) and added subcl. (VI).

Subsec. (a)(4). Pub. L. 105-33, Sec. 5522(d), made technical

correction to directory language of Pub. L. 104-193, Sec. 211(c).

See 1996 Amendment notes below.

1996 - Subsec. (a)(3)(A). Pub. L. 104-193, Sec. 211(a)(1), (2),

substituted "Except as provided in subparagraph (C), an individual"

for "An individual" and struck out "(or, in the case of an

individual under the age of 18, if he suffers from any medically

determinable physical or mental impairment of comparable severity)"

before period at end.

Subsec. (a)(3)(C). Pub. L. 104-193, Sec. 211(a)(4), added subpar.

(C). Former subpar. (C) redesignated (D).

Subsec. (a)(3)(D), (E). Pub. L. 104-193, Sec. 211(a)(3),

redesignated pars. (C) and (D) as (D) and (E), respectively. Former

par. (E) redesignated (F).

Subsec. (a)(3)(F). Pub. L. 104-193, Sec. 211(a)(3), (5),

redesignated subpar. (E) as (F) and substituted "subparagraphs (A)

through (E)" for "subparagraphs (A) through (D)". Former subpar.

(F) redesignated (G).

Subsec. (a)(3)(G). Pub. L. 104-193, Sec. 211(a)(3), redesignated

subpar. (F) as (G). Former subpar. (G) redesignated (H).

Subsec. (a)(3)(H). Pub. L. 104-193, Sec. 212(a), (b)(1), (c),

designated existing provisions as cl. (i) and added cls. (ii) to

(iv).

Pub. L. 104-193, Sec. 211(a)(3), redesignated subpar. (G) as (H).

Former subpar. (H) redesignated (I).

Subsec. (a)(3)(I). Pub. L. 104-193, Sec. 211(a)(3), redesignated

subpar. (H) as (I). Former subpar. (I) redesignated (J).

Pub. L. 104-121 added subpar. (I).

Subsec. (a)(3)(J). Pub. L. 104-193, Sec. 211(a)(3), redesignated

subpar. (I) as (J).

Subsec. (a)(4). Pub. L. 104-193, Sec. 211(c)(7), as amended by

Pub. L. 105-33, Sec. 5522(d), in first sentence of concluding

provisions inserted "(i)" before "to restore" and ", or" before

"(ii)" and added cl. (ii).

Pub. L. 104-193, Sec. 211(c)(1)-(6), as amended by Pub. L.

105-33, Sec. 5522(d), inserted "(A) in the case of an individual

who is age 18 or older - " after "if such finding is supported by -

", redesignated former subpars. (A) to (C) as cls. (i) to (iii),

respectively, in cl. (i) redesignated former cls. (i) and (ii) as

subcls. (I) and (II), respectively, in cl. (ii) redesignated former

cls. (i) and (ii) as subcls. (I) and (II), respectively, in subcls.

(I) and (II) of cl. (ii) redesignated former subcls. (I) and (II)

as items (aa) and (bb), respectively, added subpar. (B),

redesignated former subpar. (D) as (C), and inserted "in the case

of any individual," before "substantial evidence" in that subpar.

Subsec. (b). Pub. L. 104-193, Sec. 204(c)(1), substituted ", on

the first day of the month following the date the application is

filed, or, in any case in which either spouse requests" for "or

requests" and struck out "application or" before "request is

filed."

1994 - Subsec. (a)(3)(A). Pub. L. 103-432, Sec. 221(a)(1),

substituted "an individual" for "a child" before "under the age of

18".

Subsec. (a)(3)(D). Pub. L. 103-296, Sec. 201(b)(4)(A), inserted

at end "The Secretary shall make determinations under this

subchapter with respect to substantial gainful activity, without

regard to the legality of the activity."

Pub. L. 103-296, Sec. 107(a)(4), in subpar. (D) as amended by

Pub. L. 103-296, Sec. 201(b)(4)(A), substituted "Commissioner of

Social Security" for "Secretary" wherever appearing.

Subsec. (a)(3)(F). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" in two places.

Subsec. (a)(3)(H). Pub. L. 103-432, Sec. 221(a), substituted "an

individual" for "a child", "the individual" for "the child", and

"such individual" for "such child".

Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of

Social Security" for "Secretary" in two places.

Subsecs. (a)(4), (c), (f)(1), (2)(A). Pub. L. 103-296, Sec.

107(a)(4), substituted "Commissioner of Social Security" for

"Secretary" wherever appearing.

1993 - Subsec. (a)(1)(B)(ii). Pub. L. 103-66, Sec. 13734(a),

substituted "and who, for the month before the parent reported for

such assignment, received a benefit under this subchapter" for "the

District of Columbia, Puerto Rico, and the territories and

possessions of the United States, and who, during the month before

the parent reported for such assignment, was receiving benefits

under this subchapter".

Subsec. (f)(4). Pub. L. 103-66, Sec. 13733(a), added par. (4).

1990 - Subsec. (a)(1)(B)(i). Pub. L. 101-649 struck out "section

1153(a)(7) or" after "the provisions of".

Subsec. (a)(3)(H). Pub. L. 101-508 added subpar. (H).

1989 - Subsec. (a)(1)(B). Pub. L. 101-239, Sec. 8009(b),

designated existing provisions as cl. (i), redesignated former cls.

(i) and (ii) as subcls. (I) and (II), respectively, substituted ",

or" for period at end, and added cl. (ii).

Subsec. (b). Pub. L. 101-239, Sec. 8012(a), amended first

sentence generally. Prior to amendment, first sentence read as

follows: "For purposes of this subchapter, the term 'eligible

spouse' means an aged, blind, or disabled individual who is the

husband or wife of another aged, blind, or disabled individual and

who has not been living apart from such other aged, blind, or

disabled individual for more than six months."

Subsec. (f)(2). Pub. L. 101-239, Sec. 8010(a), designated

existing provisions as subpar. (A) and added subpar. (B).

1986 - Subsec. (a)(3)(D). Pub. L. 99-643, Sec. 4(d)(2)(A), struck

out ", except for purposes of subparagraph (F) or paragraph (4),"

after "such criteria".

Subsec. (a)(3)(F) to (H). Pub. L. 99-643, Sec. 4(d)(2)(B),

redesignated subpars. (G) and (H) as (F) and (G), respectively, and

struck out former subpar. (F) which read as follows: "For purposes

of this subchapter, an individual whose trial work period has ended

by application of paragraph (4)(D)(i) shall, subject to section

1382(e)(4) of this title, nonetheless be considered (except for

purposes of section 1383(a)(5) of this title) to be disabled

through the end of the month preceding the termination month. For

purposes of the preceding sentence, the termination month for any

individual shall be the earlier of (i) the earliest month after the

end of such period of trial work with respect to which such

individual is determined to no longer be suffering from a disabling

physical or mental impairment, or (ii) the first month, after the

period of 15 consecutive months following the end of such period of

trial work, in which such individual engages in or is determined to

be able to engage in substantial gainful activity."

Subsec. (a)(4), (5). Pub. L. 99-643, Sec. 4(d)(3)(A),

redesignated par. (5) as (4) and struck out former par. (4) which

read as follows:

"(A) For purposes of this subchapter, any services rendered

during a period of trial work (as defined in subparagraph (B)) by

an individual who is an aged, blind, or disabled individual solely

by reason of disability (as determined under paragraph (3) of this

subsection) shall be deemed not to have been rendered by such

individual in determining whether his disability has ceased in a

month during such period. As used in this paragraph, the term

'services' means activity which is performed for remuneration or

gain or is determined by the Secretary to be of a type normally

performed for remuneration or gain.

"(B) The term 'period of trial work', with respect to an

individual who is an aged, blind, or disabled individual solely by

reason of disability (as determined under paragraph (3) of this

subsection), means a period of months beginning and ending as

provided in subparagraphs (C) and (D).

"(C) A period of trial work for any individual shall begin with

the month in which he becomes eligible for benefits under this

subchapter on the basis of his disability; but no such period may

begin for an individual who is eligible for benefits under this

subchapter on the basis of a disability if he has had a previous

period of trial work while eligible for benefits on the basis of

the same disability.

"(D) A period of trial work for any individual shall end with the

close of whichever of the following months is the earlier:

"(i) the ninth month, beginning on or after the first day of

such period, in which the individual renders services (whether or

not such nine months are consecutive); or

"(ii) the month in which his disability (as determined under

paragraph (3) of this subsection) ceases (as determined after the

application of subparagraph (A) of this paragraph)."

1984 - Subsec. (a)(3)(E). Pub. L. 98-369, Sec. 2663(g)(6),

realigned margin of subpar. (E).

Subsec. (a)(3)(G). Pub. L. 98-460, Sec. 4(b), added subpar. (G).

Subsec. (a)(3)(H). Pub. L. 98-460, Sec. 8(b), added subpar. (H).

Pub. L. 98-460, Sec. 3(a)(2), inserted reference to section

423(d)(5) of this title.

Pub. L. 98-460, Sec. 10(b), inserted reference to section 421(k)

of this title.

Subsec. (a)(5). Pub. L. 98-460, Sec. 2(c), added par. (5).

Subsec. (d)(1). Pub. L. 98-369, Sec. 2663(g)(7), substituted "man

and woman" for "man and women".

1980 - Subsec. (a)(3)(D). Pub. L. 96-265, Sec. 302(a)(2),

inserted provisions relating to extraordinary work expenses due to

severe disability.

Pub. L. 96-265, Sec. 303(c)(1)(B), substituted reference to

subparagraph (F) or paragraph (4) for reference to paragraph (4).

Subsec. (a)(3)(F). Pub. L. 96-265, Sec. 303(c)(1)(A), added

subpar. (F).

Subsec. (f)(2). Pub. L. 96-265, Sec. 203(a), substituted "under

age 18" for "under age 21".

Subsec. (f)(3). Pub. L. 96-265, Sec. 504(a), added par. (3).

1973 - Subsec. (a)(3)(A). Pub. L. 93-233, Sec. 9(1), struck out

last sentence defining a disabled individual as one permanently and

totally disabled as defined under a State plan approved under

subchapter XIV or XVI of this chapter as in effect for 1972 and

receiving aid under such plan (on the basis of disability for

December 1973, so long as the individual is continuously disabled

as so defined, which provisions were covered in subsec. (a)(3)(E)

of this section.

Subsec. (a)(3)(E). Pub. L. 93-233, Sec. 9(2), incorporated

provisions of last sentence of subpar. (A) in provisions designated

as subpar. (E) and inserted introductory text "Notwithstanding the

provisions of subparagraphs (A) through (D)" and parenthetical

phrase "(and for at least one month prior to July 1973)" after

"December 1973".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title II of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5528(a) of Pub. L. 105-33, set out as a note under section

903 of this title.

EFFECTIVE DATE OF 1996 AMENDMENTS

Amendment by section 204(c)(1) of Pub. L. 104-193 applicable to

applications for benefits under this subchapter filed on or after

Aug. 22, 1996, without regard to whether regulations have been

issued to implement amendments by section 204 of Pub. L. 104-193,

see section 204(d) of Pub. L. 104-193, set out as a note under

section 1382 of this title.

Section 211(d) of Pub. L. 104-193, as amended by Pub. L. 105-33,

title V, Sec. 5101, Aug. 5, 1997, 111 Stat. 595, provided that:

"(1) Effective dates. -

"(A) Subsections (a) and (b). -

"(i) In general. - The provisions of, and amendments made by,

subsections (a) [amending this section] and (b) [110 Stat.

2189] of this section shall apply to any individual who applies

for, or whose claim is finally adjudicated with respect to,

benefits under title XVI of the Social Security Act [this

subchapter] on or after the date of the enactment of this Act

[Aug. 22, 1996], without regard to whether regulations have

been issued to implement such provisions and amendments.

"(ii) Determination of final adjudication. - For purposes of

clause (i), no individual's claim with respect to such benefits

may be considered to be finally adjudicated before such date of

enactment if, on or after such date, there is pending a request

for either administrative or judicial review with respect to

such claim that has been denied in whole, or there is pending,

with respect to such claim, readjudication by the Commissioner

of Social Security pursuant to relief in a class action or

implementation by the Commissioner of a court remand order.

"(B) Subsection (c). - The amendments made by subsection (c) of

this section [amending this section] shall apply with respect to

benefits under title XVI of the Social Security Act for months

beginning on or after the date of the enactment of this Act,

without regard to whether regulations have been issued to

implement such amendments.

"(2) Application to current recipients. -

"(A) Eligibility redeterminations. - During the period

beginning on the date of the enactment of this Act [Aug. 22,

1996] and ending on the date which is 18 months after such date

of enactment, the Commissioner of Social Security shall

redetermine the eligibility of any individual under age 18 who is

eligible for supplemental security income benefits by reason of

disability under title XVI of the Social Security Act [this

subchapter] as of the date of the enactment of this Act and whose

eligibility for such benefits may terminate by reason of the

provisions of, or amendments made by, subsections (a) and (b) of

this section. Any redetermination required by the preceding

sentence that is not performed before the end of the period

described in the preceding sentence shall be performed as soon as

is practicable thereafter. With respect to any redetermination

under this subparagraph -

"(i) section 1614(a)(4) of the Social Security Act (42 U.S.C.

1382c(a)(4)) shall not apply;

"(ii) the Commissioner of Social Security shall apply the

eligibility criteria for new applicants for benefits under

title XVI of such Act;

"(iii) the Commissioner shall give such redetermination

priority over all continuing eligibility reviews and other

reviews under such title; and

"(iv) such redetermination shall be counted as a review or

redetermination otherwise required to be made under section 208

of the Social Security Independence and Program Improvements

Act of 1994 [Pub. L. 103-296, set out as a note under section

1382 of this title] or any other provision of title XVI of the

Social Security Act.

"(B) Grandfather provision. - The provisions of, and amendments

made by, subsections (a) [amending this section] and (b) [110

Stat. 2189] of this section, and the redetermination under

subparagraph (A), shall only apply with respect to the benefits

of an individual described in subparagraph (A) for months

beginning on or after the later of July 1, 1997, or the date of

the redetermination with respect to such individual.

"(C) Notice. - Not later than January 1, 1997, the Commissioner

of Social Security shall notify an individual described in

subparagraph (A) of the provisions of this paragraph. Before

commencing a redetermination under the 2nd sentence of

subparagraph (A), in any case in which the individual involved

has not already been notified of the provisions of this

paragraph, the Commissioner of Social Security shall notify the

individual involved of the provisions of this paragraph.

"(3) Report. - The Commissioner of Social Security shall report

to the Congress regarding the progress made in implementing the

provisions of, and amendments made by, this section [amending this

section, sections 665e and 901 of Title 2, The Congress, and

provisions set out as a note under section 401 of this title] on

child disability evaluations not later than 180 days after the date

of the enactment of this Act [Aug. 22, 1996].

"(4) Regulations. - Notwithstanding any other provision of law,

the Commissioner of Social Security shall submit for review to the

committees of jurisdiction in the Congress any final regulation

pertaining to the eligibility of individuals under age 18 for

benefits under title XVI of the Social Security Act [this

subchapter] at least 45 days before the effective date of such

regulation. The submission under this paragraph shall include

supporting documentation providing a cost analysis, workload

impact, and projections as to how the regulation will effect the

future number of recipients under such title.

"(5) Cap adjustment for ssi administrative work required by

welfare reform. -

"(A) Authorization. - For the additional costs of continuing

disability reviews and redeterminations under title XVI of the

Social Security Act, there is hereby authorized to be

appropriated to the Social Security Administration, in addition

to amounts authorized under section 201(g)(1)(A) of the Social

Security Act [section 401(g)(1)(A) of this title], $150,000,000

in fiscal year 1997 and $100,000,000 in fiscal year 1998.

"(B) Cap adjustment. - [Amended section 901 of Title 2, The

Congress.]

"(C) Adjustments. - [Amended section 665e of Title 2.]

"(D) Conforming amendment. - [Amended section 103(d)(1) of Pub.

L. 104-121, set out as a note under section 401 of this title.]

"(6) Benefits under title xvi. - For purposes of this subsection,

the term 'benefits under title XVI of the Social Security Act'

includes supplementary payments pursuant to an agreement for

Federal administration under section 1616(a) of the Social Security

Act [section 1382e(a) of this title], and payments pursuant to an

agreement entered into under section 212(b) of Public Law 93-66

[set out as a note under section 1382 of this title]."

Section 212(d) of Pub. L. 104-193 provided that: "The amendments

made by this section [amending this section and repealing

provisions set out as a note under section 1383 of this title]

shall apply to benefits for months beginning on or after the date

of the enactment of this Act [Aug. 22, 1996], without regard to

whether regulations have been issued to implement such amendments."

Amendment by Pub. L. 104-121 applicable to individual who applies

for, or whose claim is finally adjudicated with respect to,

supplemental security income benefits under this subchapter based

on disability on or after Mar. 29, 1996, with special rule in case

of individual who has applied for, and whose claim has been finally

adjudicated with respect to, such benefits before Mar. 29, 1996,

see section 105(b)(5) of Pub. L. 104-121, set out as a note under

section 1382 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 221(b) of Pub. L. 103-432 provided that: "The amendments

made by subsection (a) [amending this section] shall apply to

determinations made on or after the date of the enactment of this

Act [Oct. 31, 1994]."

Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note

under section 401 of this title.

Section 201(b)(4)(B) of Pub. L. 103-296 provided that: "The

amendment made by subparagraph (A) [amending this section] shall

take effect on the date of the enactment of this Act [Aug. 15,

1994]."

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 13733(a) of Pub. L. 103-66 effective on

first day of second month that begins after Aug. 10, 1993, see

section 13733(c) of Pub. L. 103-66, set out as a note under section

1382a of this title.

Section 13734(b) of Pub. L. 103-66 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

the 1st day of the 3rd month that begins after the date of the

enactment of this Act [Aug. 10, 1993]."

EFFECTIVE DATE OF 1990 AMENDMENTS

Amendment by Pub. L. 101-649 effective Oct. 1, 1991, and

applicable beginning with fiscal year 1992, see section 161(a) of

Pub. L. 101-649, set out as a note under section 1101 of Title 8,

Aliens and Nationality.

Section 5036(b) of Pub. L. 101-508 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

determinations made 6 or more months after the date of the

enactment of this Act [Nov. 5, 1990]."

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 8009(b) of Pub. L. 101-239 applicable with

respect to benefits for months after March 1990, see section

8009(c) of Pub. L. 101-239, set out as a note under section 1382 of

this title.

Amendment by section 8010(a) of Pub. L. 101-239 effective on 1st

day of 6th calendar month beginning after Dec. 19, 1989, see

section 8010(c) of Pub. L. 101-239, set out as a note under section

1382 of this title.

Section 8012(b) of Pub. L. 101-239 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

October 1, 1990."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-643 effective July 1, 1987, except as

otherwise provided, see section 10(b) of Pub. L. 99-643, set out as

a note under section 1396a of this title.

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by section 2(c) of Pub. L. 98-460 applicable to

determinations made by the Secretary on or after Oct. 9, 1984, with

certain enumerated exceptions and qualifications, see section 2(d)

of Pub. L. 98-460, set out as a note under section 423 of this

title.

Amendment by section 3(a)(2) of Pub. L. 98-460 applicable to

determinations made prior to Jan. 1, 1987, see section 3(a)(3) of

Pub. L. 98-460, set out as a note under section 423 of this title.

Amendment by section 4(b) of Pub. L. 98-460 applicable with

respect to determinations made on or after the first day of the

first month beginning after 30 days after Oct. 9, 1984, see section

4(c) of Pub. L. 98-460, set out as a note under section 423 of this

title.

Amendment by section 8(b) of Pub. L. 98-460 applicable to

determinations made after 60 days after Oct. 9, 1984, see section

8(c) of Pub. L. 98-460, set out as a note under section 421 of this

title.

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 203(b) of Pub. L. 96-265 provided that: "The amendment

made by subsection (a) [amending this section] shall become

effective on October 1, 1980; except that the amendment made by

such subsection shall not apply, in the case of any child who, in

September 1980, was 18 or over and received a supplemental security

income benefit for such month, during any period for which such

benefit would be greater without the application of such

amendment."

Amendment by section 302(a)(2) of Pub. L. 96-265 applicable with

respect to expenses incurred on or after the first day of the sixth

month which begins after June 9, 1980, see section 302(c) of Pub.

L. 96-265, set out as a note under section 423 of this title.

Amendment by section 303(c)(1) of Pub. L. 96-265 effective on

first day of sixth month which begins after June 9, 1980, and

applicable with respect to any individual whose disability has not

been determined to have ceased prior to such first day, see section

303(d) of Pub. L. 96-265, set out as a note under section 402 of

this title.

Amendment by section 504(a) of Pub. L. 96-265 effective with

respect to individuals applying for supplemental security income

benefits under this subchapter for the first time after Sept. 30,

1980, see section 504(c) of Pub. L. 96-265, set out as an Effective

Date note under section 1382j of this title.

EFFECTIVE DATE

Section 301 of Pub. L. 92-603 provided that this section is

effective Jan. 1, 1974.

REGULATIONS

For provisions requiring Secretary of Health and Human Services

to prescribe regulations necessary to implement amendment to this

section [adding subsec. (a)(5)] by section 2(c) of Pub. L. 98-460

not later than 180 days after Oct. 9, 1984, see section 2(g) of

Pub. L. 98-460, set out as a note under section 423 of this title.

RETROACTIVE BENEFITS

For provisions relating to entitlement to retroactive benefits

under section 2 of Pub. L. 98-460, which added subsec. (a)(5) of

this section, see section 2(f) of Pub. L. 98-460, set out as a note

under section 423 of this title.

APPLICATION TO NORTHERN MARIANA ISLANDS

For applicability of this section to the Northern Mariana

Islands, see section 502(a)(1) of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America and Proc. No. 4534, Oct. 24,

1977, 42 F.R. 6593, set out as notes under section 1801 of Title

48, Territories and Insular Possessions.

PUERTO RICO, GUAM, AND VIRGIN ISLANDS

Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not

applicable to Puerto Rico, Guam, and the Virgin Islands, see

section 303(b) of Pub. L. 92-603, set out as a note under section

301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1320b-19, 1382, 1382j,

1383, 1383b, 1396a, 1396d, 1396p, 1437j, 6862, 8624 of this title;

title 8 sections 1255a, 1612; title 26 section 642.

-End-

-CITE-

42 USC Sec. 1382d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part A - Determination of Benefits

-HEAD-

Sec. 1382d. Rehabilitation services for blind and disabled

individuals

-STATUTE-

(a) Referral by Commissioner of eligible individuals to appropriate

State agency

In the case of any blind or disabled individual who -

(1) has not attained age 16; and

(2) with respect to whom benefits are paid under this

subchapter,

the Commissioner of Social Security shall make provision for

referral of such individual to the appropriate State agency

administering the State program under subchapter V of this chapter.

(b) Repealed. Pub. L. 97-35, title XXI, Sec. 2193(c)(8)(B), Aug.

13, 1981, 95 Stat. 828

(c) Repealed. Pub. L. 106-170, title I, Sec. 101(b)(2)(B), Dec. 17,

1999, 113 Stat. 1874

(d) Reimbursement by Commissioner to State agency of costs of

providing services to referred individuals

The Commissioner of Social Security is authorized to reimburse

the State agency administering or supervising the administration of

a State plan for vocational rehabilitation services approved under

title I of the Rehabilitation Act of 1973 [29 U.S.C. 720 et seq.]

for the costs incurred under such plan in the provision of

rehabilitation services to individuals who are referred for such

services pursuant to subsection (a) of this section, (1) in cases

where the furnishing of such services results in the performance by

such individuals of substantial gainful activity for a continuous

period of nine months, (2) in cases where such individuals receive

benefits as a result of section 1383(a)(6) of this title (except

that no reimbursement under this subsection shall be made for

services furnished to any individual receiving such benefits for

any period after the close of such individual's ninth consecutive

month of substantial gainful activity or the close of the month

with which his or her entitlement to such benefits ceases,

whichever first occurs), and (3) in cases where such individuals,

without good cause, refuse to continue to accept vocational

rehabilitation services or fail to cooperate in such a manner as to

preclude their successful rehabilitation. The determination that

the vocational rehabilitation services contributed to the

successful return of an individual to substantial gainful activity,

the determination that an individual, without good cause, refused

to continue to accept vocational rehabilitation services or failed

to cooperate in such a manner as to preclude successful

rehabilitation, and the determination of the amount of costs to be

reimbursed under this subsection shall be made by the Commissioner

of Social Security in accordance with criteria determined by the

Commissioner in the same manner as under section 422(d)(1) of this

title.

(e) Reimbursement for vocational rehabilitation services furnished

during certain months of nonpayment of insurance benefits

The Commissioner of Social Security may reimburse the State

agency described in subsection (d) of this section for the costs

described therein incurred in the provision of rehabilitation

services -

(1) for any month for which an individual received -

(A) benefits under section 1382 or 1382h(a) of this title;

(B) assistance under section 1382h(b) of this title; or

(C) a federally administered State supplementary payment

under section 1382e of this title or section 212(b) of Public

Law 93-66; and

(2) for any month before the 13th consecutive month for which

an individual, for a reason other than cessation of disability or

blindness, was ineligible for -

(A) benefits under section 1382 or 1382h(a) of this title;

(B) assistance under section 1382h(b) of this title; or

(C) a federally administered State supplementary payment

under section 1382e of this title or section 212(b) of Public

Law 93-66.

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1615, as added Pub. L.

92-603, title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1474; amended

Pub. L. 94-566, title V, Sec. 501(a), Oct. 20, 1976, 90 Stat. 2683;

Pub. L. 96-272, title III, Sec. 304, June 17, 1980, 94 Stat. 529;

Pub. L. 97-35, title XXI, Sec. 2193(a)(4), (c)(8), title XXIII,

Sec. 2344, Aug. 13, 1981, 95 Stat. 827, 828, 867; Pub. L. 98-369,

div. B, title VI, Sec. 2663(g)(8), July 18, 1984, 98 Stat. 1169;

Pub. L. 98-460, Sec. 11(b), Oct. 9, 1984, 98 Stat. 1806; Pub. L.

101-508, title V, Sec. 5037(a), Nov. 5, 1990, 104 Stat. 1388-226;

Pub. L. 103-296, title I, Sec. 107(a)(4), Aug. 15, 1994, 108 Stat.

1478; Pub. L. 105-33, title V, Sec. 5523, Aug. 5, 1997, 111 Stat.

623; Pub. L. 106-170, title I, Sec. 101(b)(2)(A), (B), Dec. 17,

1999, 113 Stat. 1874.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in subsec. (d), is

Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended. Title I

of the Rehabilitation Act of 1973 is classified generally to

subchapter I (Sec. 720 et seq.) of chapter 16 of Title 29, Labor.

For complete classification of this Act to the Code, see Short

Title note set out under section 701 of Title 29 and Tables.

Section 212(b) of Public Law 93-66, referred to in subsec.

(e)(1)(C), (2)(C), is section 212(b) of Pub. L. 93-66, title II,

July 9, 1973, 87 Stat. 155, as amended, which is set out as a note

under section 1382 of this title.

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-170, Sec. 101(b)(2)(A), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: "In the case of any blind or disabled individual who -

"(1) has not attained age 65, and

"(2) is receiving benefits (or with respect to whom benefits

are paid) under this subchapter,

the Commissioner of Social Security shall make provision for

referral of such individual to the appropriate State agency

administering the State plan for vocational rehabilitation services

approved under title I of the Rehabilitation Act of 1973, or, in

the case of any such individual who has not attained age 16, to the

State agency administering the State program under subchapter V of

this chapter, and (except for individuals who have not attained age

16 and except in such other cases as the Commissioner may

determine) for a review not less often than quarterly of such

individual's blindness or disability and his need for and

utilization of the services made available to him under such plan."

Subsec. (c). Pub. L. 106-170, Sec. 101(b)(2)(B), struck out

subsec. (c) which read as follows: "Every individual age 16 or over

with respect to whom the Commissioner of Social Security is

required to make provision for referral under subsection (a) of

this section shall accept such services as are made available to

him under the State plan for vocational and rehabilitation services

approved under title I of the Rehabilitation Act of 1973; and no

such individual shall be an eligible individual or eligible spouse

for purposes of this subchapter if he refuses without good cause to

accept services for which he is referred under subsection (a) of

this section."

1997 - Subsec. (d). Pub. L. 105-33, Sec. 5523(2), substituted

"the Commissioner" for "him" after "determined by" in last

sentence.

Pub. L. 105-33, Sec. 5523(1), which directed insertion of comma

after "subsection (a)(1)" in first sentence, was executed by making

the insertion after "subsection (a) of this section" to reflect the

probable intent of Congress.

1994 - Subsec. (a). Pub. L. 103-296 in closing provisions

substituted "Commissioner of Social Security" for "Secretary" and

"the Commissioner may" for "he may".

Subsec. (c). Pub. L. 103-296 substituted "Commissioner of Social

Security" for "Secretary".

Subsec. (d). Pub. L. 103-296 substituted "The Commissioner of

Social Security is" for "The Secretary is".

Subsec. (e). Pub. L. 103-296 substituted "Commissioner of Social

Security" for "Secretary" in introductory provisions.

1990 - Subsec. (e). Pub. L. 101-508 added subsec. (e).

1984 - Subsecs. (a), (c). Pub. L. 98-369, Sec. 2663(g)(8),

substituted "title I of the Rehabilitation Act of 1973" for "the

Vocational Rehabilitation Act".

Subsec. (d). Pub. L. 98-460, Sec. 11(b), designated existing

provisions of first sentence as cl. (1), added cls. (2) and (3),

and inserted requirement that the determination that the vocational

rehabilitation services contributed to the successful return of an

individual to substantial gainful activity and the determination

that an individual, without good cause, refused to continue to

accept vocational rehabilitation services or failed to cooperate in

such a manner as to preclude successful rehabilitation be made by

the Commissioner of Social Security in accordance with criteria

determined by him in the same manner as under section 422(d)(1) of

this title.

Pub. L. 98-369, Sec. 2663(g)(8), substituted "title I of the

Rehabilitation Act of 1973" for "the Vocational Rehabilitation

Act".

1981 - Subsec. (a). Pub. L. 97-35, Sec. 2193(c)(8)(A),

substituted "State agency administering the State program under

subchapter V of this chapter (except for individuals who have not

attained age 16 and except in such other cases" for "appropriate

State agency administering the State plan under subsection (b) of

this section, and (except in such cases".

Subsec. (b). Pub. L. 97-35, Sec. 2193(c)(8)(B), struck out

subsec. (b) which provided criteria for approval of State plans.

Subsec. (d). Pub. L. 97-35, Sec. 2344, substituted "is authorized

to reimburse" for "is authorized to pay to", "for the costs

incurred" for "the costs incurred", and "individuals who are

referred for such services pursuant to subsection (a) of this

section if such services result in their performance of substantial

gainful activity which lasts for a continuous period of nine

months" for "individuals referred for such services pursuant to

subsection (a) of this section" and inserted provision that

determination of the amount to be reimbursed be made by the

Commissioner of Social Security in accordance with criteria

determined by him in the same manner as under section 422(d)(1) of

this title.

Subsec. (e). Pub. L. 97-35, Sec. 2193(c)(8)(B), struck out

subsec. (e) which provided for payment by the Secretary to a State

agency charged with administering a State plan under subsec. (b),

of the costs incurred each fiscal year from Sept. 30, 1976, to Oct.

1, 1982, in carrying out such State plan.

Subsec. (e)(1). Pub. L. 97-35, Sec. 2193(a)(4)(A), inserted "and

subject to section 2194(b)(3) of the Maternal and Child Health

Services Block Grant Act".

Subsec. (e)(3). Pub. L. 97-35, Sec. 2193(a)(4)(B), substituted

"$24,070,000" for "$30,000,000".

1980 - Subsec. (e). Pub. L. 96-272 corrected the error under

which subsec. (e) had been added as (c) by Pub. L. 94-566 and, in

subsec. (e)(1) as so designated, substituted "October 1, 1982" for

"October 1, 1979".

1976 - Subsec. (a). Pub. L. 94-566 inserted "or, in the case of

any such individual who has not attained age 16, to the appropriate

State agency administering the State plan under subsection (b) of

this section," after "Vocational Rehabilitation Act," and

substituted "need for and utilization of the services" for "need

for and utilization of the rehabilitation services".

Subsec. (b). Pub. L. 94-566 added subsec. (b). Former subsec. (b)

was split up and its parts were redistributed into subsecs. (c) and

(d), respectively, and amended.

Subsec. (c). Pub. L. 94-566 combined into subsec. (c) the

existing provisions of subsec. (c) covering the refusal by referred

individuals to accept services and added thereto a part of former

subsec. (b) covering the required acceptance of vocational and

rehabilitation services by the referred individual, and in that

provision substituted "Every individual age 16 or over" for "Every

individual".

Subsec. (d). Pub. L. 94-566 redesignated as subsec. (d) the part

of former subsec. (b) covering the payment by the Secretary to the

State agency administering a State plan and in the provisions so

redesignated substituted "administration of a State plan for

vocational rehabilitation services approved under the Vocational

Rehabilitation Act" for "administration of such State plan".

Subsec. (e). Pub. L. 94-566 added subsec. (e). See 1980 Amendment

note above.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-170 effective with the first month

following one year after Dec. 17, 1999, subject to section 101(d)

of Pub. L. 106-170, see section 101(c) of Pub. L. 106-170, set out

as an Effective Date note under section 1320b-19 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title II of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5528(a) of Pub. L. 105-33, set out as a note under section

903 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section

110(a) of Pub. L. 103-296, set out as a note under section 401 of

this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 5037(b) of Pub. L. 101-508 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

the date of the enactment of this Act [Nov. 5, 1990] and shall

apply to claims for reimbursement pending on or after such date."

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by Pub. L. 98-460 applicable with respect to

individuals who receive benefits as a result of section 425(b) or

section 1383(a)(6) of this title, or who refuse to continue to

accept rehabilitation services or fail to cooperate in an approved

vocational rehabilitation program, in or after November 1984, see

section 11(c) of Pub. L. 98-460, set out as a note under section

422 of this title.

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENT

Section 2193(a)(4)(B) of Pub. L. 97-35 provided that the

amendment made by that section is effective for fiscal year 1982.

For effective date, savings, and transitional provisions relating

to amendments by section 2193(a)(4)(A) and (c)(8) of Pub. L. 97-35,

see section 2194 of Pub. L. 97-35, set out as a note under section

701 of this title.

Section 2344 of Pub. L. 97-35 provided that the amendment made by

that section is effective Oct. 1, 1981.

EFFECTIVE DATE

Section 301 of Pub. L. 92-603 provided that this section is

effective Jan. 1, 1974.

PUBLICATION OF CRITERIA

Section 501(b) of Pub. L. 94-566 directed Secretary, within 120

days after Oct. 20, 1976, to publish criteria to be employed to

determine disability (as defined in subsec. (a)(3) of this section)

in the case of persons who have not attained the age of 18.

APPLICATION TO NORTHERN MARIANA ISLANDS

For applicability of this section to the Northern Mariana

Islands, see section 502(a)(1) of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America and Proc. No. 4534, Oct. 24,

1977, 42 F.R. 6593, set out as notes under section 1801 of Title

48, Territories and Insular Possessions.

PUERTO RICO, GUAM, AND VIRGIN ISLANDS

Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not

applicable to Puerto Rico, Guam, and the Virgin Islands, see

section 303(b) of Pub. L. 92-603, set out as a note under section

301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701, 1320b-19 of this

title; title 20 section 3441; title 29 section 762a.

-End-

-CITE-

42 USC Sec. 1382e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part A - Determination of Benefits

-HEAD-

Sec. 1382e. Supplementary assistance by State or subdivision to

needy individuals

-STATUTE-

(a) Exclusion of cash payments in determination of income of

individuals for purposes of eligibility for benefits; agreement

by Commissioner and State for Commissioner to make supplementary

payments on behalf of State or subdivision

Any cash payments which are made by a State (or political

subdivision thereof) on a regular basis to individuals who are

receiving benefits under this subchapter or who would but for their

income be eligible to receive benefits under this subchapter, as

assistance based on need in supplementation of such benefits (as

determined by the Commissioner of Social Security), shall be

excluded under section 1382a(b)(6) of this title in determining the

income of such individuals for purposes of this subchapter and the

Commissioner of Social Security and such State may enter into an

agreement which satisfies subsection (b) of this section under

which the Commissioner of Social Security will, on behalf of such

State (or subdivision) make such supplementary payments to all such

individuals.

(b) Agreement between Commissioner and State; contents

Any agreement between the Commissioner of Social Security and a

State entered into under subsection (a) of this section shall

provide -

(1) that such payments will be made (subject to subsection (c)

of this section) to all individuals residing in such State (or

subdivision) who are receiving benefits under this subchapter,

and

(2) such other rules with respect to eligibility for or amount

of the supplementary payments, and such procedural or other

general administrative provisions, as the Commissioner of Social

Security finds necessary (subject to subsection (c) of this

section) to achieve efficient and effective administration of

both the program which the Commissioner conducts under this

subchapter and the optional State supplementation.

At the option of the State (but subject to paragraph (2) of this

subsection), the agreement between the Commissioner of Social

Security and such State entered into under subsection (a) of this

section shall be modified to provide that the Commissioner of

Social Security will make supplementary payments, on and after an

effective date to be specified in the agreement as so modified, to

individuals receiving benefits determined under section

1382(e)(1)(B) of this title.

(c) Residence requirement by State or subdivision for supplementary

payments; disregarding amounts of certain income by State or

subdivision in determining eligibility for supplementary payments

(1) Any State (or political subdivision) making supplementary

payments described in subsection (a) of this section may at its

option impose as a condition of eligibility for such payments, and

include in the State's agreement with the Commissioner of Social

Security under such subsection, a residence requirement which

excludes individuals who have resided in the State (or political

subdivision) for less than a minimum period prior to application

for such payments.

(2) Any State (or political subdivision), in determining the

eligibility of any individual for supplementary payments described

in subsection (a) of this section, may disregard amounts of earned

and unearned income in addition to other amounts which it is

required or permitted to disregard under this section in

determining such eligibility, and shall include a provision

specifying the amount of any such income that will be disregarded,

if any.

(3) Any State (or political subdivision) making supplementary

payments described in subsection (a) of this section shall have the

option of making such payments to individuals who receive benefits

under this subchapter under the provisions of section 1382h of this

title, or who would be eligible to receive such benefits but for

their income.

(d) Payment to Commissioner by State of amount equal to

expenditures by Commissioner as supplementary payments; time and

manner of payment by State; fees for Federal administration of

State supplementary payments

(1) Any State which has entered into an agreement with the

Commissioner of Social Security under this section which provides

that the Commissioner of Social Security will, on behalf of the

State (or political subdivision), make the supplementary payments

to individuals who are receiving benefits under this subchapter (or

who would but for their income be eligible to receive such

benefits), shall, in accordance with paragraph (5), pay to the

Commissioner of Social Security an amount equal to the expenditures

made by the Commissioner of Social Security as such supplementary

payments, plus an administration fee assessed in accordance with

paragraph (2) and any additional services fee charged in accordance

with paragraph (3).

(2)(A) The Commissioner of Social Security shall assess each

State an administration fee in an amount equal to -

(i) the number of supplementary payments made by the

Commissioner of Social Security on behalf of the State under this

section for any month in a fiscal year; multiplied by

(ii) the applicable rate for the fiscal year.

(B) As used in subparagraph (A), the term "applicable rate" means

-

(i) for fiscal year 1994, $1.67;

(ii) for fiscal year 1995, $3.33;

(iii) for fiscal year 1996, $5.00;

(iv) for fiscal year 1997, $5.00;

(v) for fiscal year 1998, $6.20;

(vi) for fiscal year 1999, $7.60;

(vii) for fiscal year 2000, $7.80;

(viii) for fiscal year 2001, $8.10;

(ix) for fiscal year 2002, $8.50; and

(x) for fiscal year 2003 and each succeeding fiscal year -

(I) the applicable rate in the preceding fiscal year,

increased by the percentage, if any, by which the Consumer

Price Index for the month of June of the calendar year of the

increase exceeds the Consumer Price Index for the month of June

of the calendar year preceding the calendar year of the

increase, and rounded to the nearest whole cent; or

(II) such different rate as the Commissioner determines is

appropriate for the State.

(C) Upon making a determination under subparagraph (B)(x)(II),

the Commissioner of Social Security shall promulgate the

determination in regulations, which may take into account the

complexity of administering the State's supplementary payment

program.

(D) All fees assessed pursuant to this paragraph shall be

transferred to the Commissioner of Social Security at the same time

that amounts for such supplementary payments are required to be so

transferred.

(3)(A) The Commissioner of Social Security may charge a State an

additional services fee if, at the request of the State, the

Commissioner of Social Security provides additional services beyond

the level customarily provided, in the administration of State

supplementary payments pursuant to this section.

(B) The additional services fee shall be in an amount that the

Commissioner of Social Security determines is necessary to cover

all costs (including indirect costs) incurred by the Federal

Government in furnishing the additional services referred to in

subparagraph (A).

(4)(A) The first $5 of each administration fee assessed pursuant

to paragraph (2), upon collection, shall be deposited in the

general fund of the Treasury of the United States as miscellaneous

receipts.

(B) That portion of each administration fee in excess of $5, and

100 percent of each additional services fee charged pursuant to

paragraph (3), upon collection for fiscal year 1998 and each

subsequent fiscal year, shall be credited to a special fund

established in the Treasury of the United States for State

supplementary payment fees. The amounts so credited, to the extent

and in the amounts provided in advance in appropriations Acts,

shall be available to defray expenses incurred in carrying out this

subchapter and related laws.

(5)(A)(i) Any State which has entered into an agreement with the

Commissioner of Social Security under this section shall remit the

payments and fees required under this subsection with respect to

monthly benefits paid to individuals under this subchapter no later

than -

(I) the business day preceding the date that the Commissioner

pays such monthly benefits; or

(II) with respect to such monthly benefits paid for the month

that is the last month of the State's fiscal year, the fifth

business day following such date.

(ii) The Commissioner may charge States a penalty in an amount

equal to 5 percent of the payment and the fees due if the

remittance is received after the date required by clause (i).

(B) The Cash Management Improvement Act of 1990 shall not apply

to any payments or fees required under this subsection that are

paid by a State before the date required by subparagraph (A)(i).

(C) Notwithstanding subparagraph (A)(i), the Commissioner may

make supplementary payments on behalf of a State with funds

appropriated for payment of benefits under this subchapter, and

subsequently to be reimbursed for such payments by the State at

such times as the Commissioner and State may agree. Such authority

may be exercised only if extraordinary circumstances affecting a

State's ability to make payment when required by subparagraph

(A)(i) are determined by the Commissioner to exist.

(e) State standards; establishment; annual public review; annual

certification; payments to individuals

(1) Each State shall establish or designate one or more State or

local authorities which shall establish, maintain, and insure the

enforcement of standards for any category of institutions, foster

homes, or group living arrangements in which (as determined by the

State) a significant number of recipients of supplemental security

income benefits is residing or is likely to reside. Such standards

shall be appropriate to the needs of such recipients and the

character of the facilities involved, and shall govern such matters

as admission policies, safety, sanitation, and protection of civil

rights.

(2) Each State shall annually make available for public review a

summary of the standards established pursuant to paragraph (1), and

shall make available to any interested individual a copy of such

standards, along with the procedures available in the State to

insure the enforcement of such standards and a list of any waivers

of such standards and any violations of such standards which have

come to the attention of the authority responsible for their

enforcement.

(3) Each State shall certify annually to the Commissioner of

Social Security that it is in compliance with the requirements of

this subsection.

(4) Payments made under this subchapter with respect to an

individual shall be reduced by an amount equal to the amount of any

supplementary payment (as described in subsection (a) of this

section) or other payment made by a State (or political subdivision

thereof) which is made for or on account of any medical or any

other type of remedical care provided by an institution of the type

described in paragraph (1) to such individual as a resident or an

inpatient of such institution if such institution is not approved

as meeting the standards described in such paragraph by the

appropriate State or local authorities.

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1616, as added Pub. L.

92-603, title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1474; amended

Pub. L. 93-233, Sec. 14, Dec. 31, 1973, 87 Stat. 965; Pub. L.

94-566, title V, Sec. 505(c), (d), Oct. 20, 1976, 90 Stat. 2687;

Pub. L. 96-265, title II, Sec. 201(b)(1), June 9, 1980, 94 Stat.

446; Pub. L. 97-35, title XXIII, Sec. 2353(n), Aug. 13, 1981, 95

Stat. 873; Pub. L. 99-272, title XII, Sec. 12201(b), Apr. 7, 1986,

100 Stat. 290; Pub. L. 103-66, title XIII, Sec. 13731(a)(1), Aug.

10, 1993, 107 Stat. 660; Pub. L. 103-296, title I, Sec. 107(a)(4),

Aug. 15, 1994, 108 Stat. 1478; Pub. L. 105-33, title V, Sec.

5102(a)(1), (b)(1)(A), Aug. 5, 1997, 111 Stat. 595, 596; Pub. L.

105-78, title V, Sec. 516(a)(1), (b)(1)(A), Nov. 13, 1997, 111

Stat. 1517, 1518; Pub. L. 106-170, title IV, Sec. 410(a)(1), Dec.

17, 1999, 113 Stat. 1916.)

-REFTEXT-

REFERENCES IN TEXT

The Cash Management Improvement Act of 1990, referred to in

subsec. (d)(5)(B), is Pub. L. 101-453, Oct. 24, 1990, 104 Stat.

1058, as amended. For complete classification of this Act to the

Code, see Short Title of 1990 Amendment note set out under section

6501 of Title 31, Money and Finance, and Tables.

-MISC1-

AMENDMENTS

1999 - Subsec. (d)(1). Pub. L. 106-170, Sec. 410(a)(1)(A),

substituted "in accordance with paragraph (5)" for "at such times

and in such installments as may be agreed upon between the

Commissioner of Social Security and such State".

Subsec. (d)(5). Pub. L. 106-170, Sec. 410(a)(1)(B), added par.

(5).

1997 - Subsec. (d)(2)(B)(iii) to (x). Pub. L. 105-33, Sec.

5102(a)(1)(A), and Pub. L. 105-78, Sec. 516(a)(1)(A), amended

subpar. (B) identically, striking out "and" at end of cl. (iii),

adding cls. (iv) to (x) and striking out former cl. (iv) which read

as follows: "for fiscal year 1997 and each succeeding fiscal year,

$5.00, or such different rate as the Commissioner of Social

Security determines is appropriate for the State."

Subsec. (d)(2)(C). Pub. L. 105-33, Sec. 5102(a)(1)(B), and Pub.

L. 105-78, Sec. 516(a)(1)(B), amended subpar. (C) identically,

substituting "subparagraph (B)(x)(II)" for "subparagraph (B)(iv)".

Subsec. (d)(4). Pub. L. 105-78, Sec. 516(b)(1)(A), amended par.

(4) generally. Prior to amendment, par. (4) read as follows:

"(4)(A) The first $5 of each administration fee assessed pursuant

to paragraph (2), upon collection, shall be deposited in the

general fund of the Treasury of the United States as miscellaneous

receipts.

"(B) That portion of each administration fee in excess of $5, and

100 percent of each additional services fee charged pursuant to

paragraph (3), upon collection for fiscal year 1998 and each

subsequent fiscal year, shall be credited to a special fund

established in the Treasury of the United States for State

supplementary payment fees. The amounts so credited, to the extent

and in the amounts provided in advance in appropriations Acts,

shall be available to defray expenses incurred in carrying out this

subchapter and related laws. The amounts so credited shall not be

scored as receipts under section 902 of title 2, and the amounts so

credited shall be credited as a discretionary offset to

discretionary spending to the extent that the amounts so credited

are made available for expenditure in appropriations Acts."

Pub. L. 105-33, Sec. 5102(b)(1)(A), amended par. (4) generally.

Prior to amendment, par. (4) read as follows: "All administration

fees and additional services fees collected pursuant to this

subsection shall be deposited in the general fund of the Treasury

of the United States as miscellaneous receipts."

1994 - Pub. L. 103-296 substituted "Commissioner of Social

Security" for "Secretary" wherever appearing and "the Commissioner

conducts" for "he conducts" in subsec. (b)(2).

1993 - Subsec. (d). Pub. L. 103-66 designated existing provisions

as par. (1), inserted before period at end ", plus an

administration fee assessed in accordance with paragraph (2) and

any additional services fee charged in accordance with paragraph

(3)", and added pars. (2) to (4).

1986 - Subsec. (b). Pub. L. 99-272 inserted provision at end

relating to modification of the agreement at the option of the

State to provide for supplementary payments on and after an

effective date specified in the agreement.

1981 - Subsec. (e)(2). Pub. L. 97-35 struck out ", as a part of

the services program planning procedures established pursuant to

section 1397c of this title" after "available for public review".

1980 - Subsec. (c)(3). Pub. L. 96-265 added par. (3).

1976 - Subsec. (e). Pub. L. 94-566, Sec. 505(d), added subsec.

(e), effective Oct. 1, 1977. Pub. L. 94-566, Sec. 505(c), repealed

former subsec. (e) which provided for reduction of supplemental

security income payments to individuals provided institutional

medical or other remedial care, State financed under Federal grants

for medical assistance, effective Oct. 1, 1976. See Effective Date

of 1976 Amendment note below.

1973 - Subsec. (e). Pub. L. 93-233 added subsec. (e).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-170, title IV, Sec. 410(b), Dec. 17, 1999, 113 Stat.

1917, as amended by Pub. L. 106-554, Sec. 1(a)(1) [title V, Sec.

515], Dec. 21, 2000, 114 Stat. 2763, 2763A-72, provided that: "The

amendments made by subsection (a) [amending this section and

provisions set out as a note under section 1382 of this title]

shall apply to payments and fees arising under an agreement between

a State and the Commissioner of Social Security under section 1616

of the Social Security Act (42 U.S.C. 1382e) or under section 212

of Public Law 93-66 (42 U.S.C. 1382 note) with respect to monthly

benefits paid to individuals under title XVI of the Social Security

Act [this subchapter] for months after September 2001 (October 2001

in the case of a State with a fiscal year that coincides with the

Federal fiscal year), without regard to whether the agreement has

been modified to reflect such amendments or the Commissioner has

promulgated regulations implementing such amendments."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section

110(a) of Pub. L. 103-296, set out as a note under section 401 of

this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 13731(b) of Pub. L. 103-66 provided that: "The amendments

made by this section [amending this section and provisions set out

as a note under section 1382 of this title] shall apply to

supplementary payments made pursuant to section 1616(a) of the

Social Security Act [subsec. (a) of this section] or section 212(a)

of Public Law 93-66 [set out as a note under section 1382 of this

title] for any calendar month beginning after September 30, 1993,

and to services furnished after such date, regardless of whether

regulations to implement such amendments have been promulgated by

such date, or whether any agreement entered into under such section

1616(a) or such section 212(a) has been modified."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as

otherwise explicitly provided, see section 2354 of Pub. L. 97-35,

set out as an Effective Date note under section 1397 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-265 effective Jan. 1, 1981, see section

201(d) of Pub. L. 96-265, as amended, set out as an Effective Date

note under section 1382h of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by section 505(c) of Pub. L. 94-566 effective Oct. 1,

1976, see section 505(e) of Pub. L. 94-566, set out as a note under

section 1382 of this title.

Section 505(d) of Pub. L. 94-566 provided that the amendment made

by that section is effective Oct. 1, 1977.

EFFECTIVE DATE

Section 301 of Pub. L. 92-603 provided that this section is

effective Jan. 1, 1974.

LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS

Section 516(b)(2) of Pub. L. 105-78 provided that: "From amounts

credited pursuant to section 1616(d)(4)(B) of the Social Security

Act [subsec. (d)(4)(B) of this section] and section

212(b)(3)(D)(ii) of Public Law 93-66 [set out as a note under

section 1382 of this title] to the special fund established in the

Treasury of the United States for State supplementary payment fees,

there is authorized to be appropriated an amount not to exceed

$35,000,000 for fiscal year 1998, and such sums as may be necessary

for each fiscal year thereafter, for administrative expenses in

carrying out the supplemental security income program under title

XVI of the Social Security Act [this subchapter] and related laws."

Section 5102(b)(2) of Pub. L. 105-33 provided that: "From amounts

credited pursuant to section 1616(d)(4)(B) of the Social Security

Act [subsec. (d)(4)(B) of this section] and section

212(b)(3)(D)(ii) of Public Law 93-66 [set out as a note under

section 1382 of this title] to the special fund established in the

Treasury of the United States for State supplementary payment fees,

there is authorized to be appropriated an amount not to exceed

$35,000,000 for fiscal year 1998, and such sums as may be necessary

for each fiscal year thereafter."

PERIOD WITHIN WHICH CALIFORNIA MAY MAKE CASH PAYMENTS IN LIEU OF

FOOD STAMPS TO RECIPIENTS OF SUPPLEMENTAL SECURITY INCOME BENEFITS

Pub. L. 95-458, Sec. 5(b), Oct. 14, 1978, 92 Stat. 1261, provided

that: "No additional cash payment under title XVI of the Social

Security Act [this subchapter] may be made pursuant to the third

sentence of section 8(d) of Public Law 93-233 (as added by

subsection (a) of this section) [amending a note under this

section] for any month beginning before October 1, 1978, or ending

after September 30, 1979."

ELIGIBILITY OF SUPPLEMENTAL SECURITY INCOME RECIPIENTS FOR FOOD

STAMPS

Section 8(c) of Pub. L. 93-233, as amended by Pub. L. 95-113,

title XIII, Sec. 1302(a)(3), Sept. 29, 1977, 91 Stat. 979, provided

that: "For purposes of section 6(g) of the Food Stamp Act of 1977

[section 2015(g) of Title 7, Agriculture] and subsections (b)(3)

[set out as a note under section 612c of Title 7] and (f) [set out

below] of this section, the level of State supplementary payment

under section 1616(a) [subsec. (a) of this section] shall be found

by the Secretary to have been specifically increased so as to

include the bonus value of food stamps (1) only if, prior to

October 1, 1973, the State has entered into an agreement with the

Secretary or taken other positive steps which demonstrate its

intention to provide supplementary payments under section 1616(a)

[subsec. (a) of this section] at a level which is at least equal to

the maximum level which can be determined under section 401(b)(1)

of the Social Security Amendments of 1972 [set out as a note under

this section] and which is such that the limitation on State fiscal

liability under section 401 [set out as a note under this section]

does result in a reduction in the amount which would otherwise be

payable to the Secretary by the State, and (2) only with respect to

such months as the State may, at its option, elect."

[Section 1302(b) of Pub. L. 95-113 provided that the amendment of

section 8(c) of Pub. L. 93-233 by section 1302(a)(3) of Pub. L.

95-113 is effective Oct. 1, 1977.]

Section 8(d) of Pub. L. 93-233, as added by Pub. L. 94-379, Sec.

1(a), Aug. 10, 1976, 90 Stat. 1111, and amended by Pub. L. 95-458,

Sec. 5(a), Oct. 14, 1978, 92 Stat. 1260; Pub. L. 97-18, Sec. 2,

June 30, 1981, 95 Stat. 102; Pub. L. 97-35, title XXIII, Sec.

2342(a), Aug. 13, 1981, 95 Stat. 866, provided that: "Upon the

request of a State, the Secretary shall find, for purposes of the

provisions specified in subsection (c) [set out above], that the

level of such State's supplementary payments of the type described

in section 1616(a) of the Social Security Act [subsec. (a) of this

section] has been specifically increased for any month so as to

include the bonus value of food stamps (and that such State meets

the applicable requirements of subsection (c)(1)) if -

"(1) the Secretary has found (under this subsection or

subsection (c), as in effect in December 1980) that such State's

supplementary payments in December 1980 were increased to include

the bonus value of food stamps; and

"(2) such State continues without interruption to meet the

requirements of section 1618 of such Act [section 1382g of this

title] for each month after the month referred to in paragraph

(1) and up to and including the month for which the Secretary is

making the determination."

[Section 2 of Pub. L. 97-18 provided that the amendment of

section 8(d) of Pub. L. 93-233, set out above, by Pub. L. 97-18 is

effective for the period July 1, 1981, to Aug. 31, 1981.]

[Section 2342(b) of Pub. L. 97-35 provided that the amendment of

section 8(d) of Pub. L. 93-233, set out above, by section 2342(a)

of Pub. L. 97-35 is effective July 1, 1981.]

ADJUSTED PAYMENT LEVEL; PAYMENT LEVEL MODIFICATION

Section 8(e), formerly Sec. 8(d) of Pub. L. 93-233, as renumbered

Sec. 8(e) by Pub. L. 94-379, Sec. 1(a), Aug. 10, 1976, 90 Stat.

1111, provided that: "Section 401(b)(1) of the Social Security

Amendments of 1972 [set out below] is amended by striking out

everything after the word 'exceed' and inserting in lieu thereof:

'a payment level modification (as defined in paragraph (2) of this

subsection) with respect to such plans'."

Section 8(f), formerly Sec. 8(e), of Pub. L. 93-233, as amended

by Pub. L. 93-335, Sec. 1(b), July 8, 1974, 88 Stat. 291; Pub. L.

94-44, Sec. 3(b), June 28, 1975, 89 Stat. 235; Pub. L. 94-365, Sec.

2(2), July 14, 1976, 90 Stat. 990, and renumbered Sec. 8(f) and

amended by Pub. L. 94-379, Sec. 1(a), (b), Aug. 10, 1976, 90 Stat.

1111; Pub. L. 95-59, Sec. 3(2), June 30, 1977, 91 Stat. 255; Pub.

L. 95-113, title XIII, Sec. 1302(a)(4), Sept. 29, 1977, 91 Stat.

979, provided that: "The amendment made by subsection (e) [set out

above] shall not be effective in any State which provides

supplementary payments of the type described in section 1616(a) of

the Social Security Act [subsec. (a) of this section] the level of

which has been found by the Secretary to have been specifically

increased so as to include the bonus value of food stamps."

[Amendment of section 8(e) [now Sec. 8(f)] of Pub. L. 93-233 by

section 1(b) of Pub. L. 93-335, effective July 1, 1974, see section

1(c) of Pub. L. 93-335, set out as a note below.]

[Section 1(c) of Pub. L. 93-335, July 8, 1974, 88 Stat. 291,

provided that amendments by section 1(a), (b) of Pub. L. 93-335 to

section 8(a)(1), (2), (b)(1)-(3), and (e) of Pub. L. 93-233, Dec.

31, 1973, 87 Stat. 956, set out as notes under this section and

sections 612c, 1431 and 2012 of Title 7, Agriculture, is effective

as of July 1, 1974.]

[Section 3 of Pub. L. 95-59 provided that the amendment of

section 8(f) of Pub. L. 93-233, set out above, by section 3(2) of

Pub. L. 95-59 is effective July 1, 1977.]

[Section 1302(b) of Pub. L. 95-113 provided that the amendment of

section 8(f) of Pub. L. 93-233, set out above, by section

1302(a)(4) of Pub. L. 95-113 is effective Oct. 1, 1977.]

COMMODITY DISTRIBUTION PROGRAM: INDIVIDUAL RECEIVING SUPPLEMENTAL

SECURITY INCOME BENEFITS AS MEMBER OF HOUSEHOLD FOR ANY PURPOSE OF

PROGRAM

Individual receiving supplemental security income benefits or

payments as part of benefits or payments described in subsec. (a)

of this section as member of a household for any purpose of the

food distribution program, see section 4(c) of Pub. L. 93-86, set

out as a note under section 612c of Title 7, Agriculture.

APPLICATION TO NORTHERN MARIANA ISLANDS

For applicability of this section to the Northern Mariana

Islands, see section 502(a)(1) of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America and Proc. No. 4534, Oct. 24,

1977, 42 F.R. 6593, set out as notes under section 1801 of Title

48, Territories and Insular Possessions.

PUERTO RICO, GUAM, AND VIRGIN ISLANDS

Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not

applicable to Puerto Rico, Guam, and the Virgin Islands, see

section 303(b) of Pub. L. 92-603, set out as a note under section

301 of this title.

LIMITATION ON FISCAL LIABILITY OF STATES FOR PAYMENT TO SECRETARY

OF SUPPLEMENTARY PAYMENTS MADE BY SECRETARY PURSUANT TO AGREEMENT

Section 401 of Pub. L. 92-603, as amended by Pub. L. 93-233, Sec.

18(h), Dec. 31, 1973, 87 Stat. 969; Pub. L. 94-566, title V, Sec.

504(a), Oct. 20, 1976, 90 Stat. 2686; Pub. L. 94-585 Sec. 2(b),

Oct. 21, 1976, 90 Stat. 2902; Pub. L. 97-248, title I, Sec. 184(a),

Sept. 3, 1982, 96 Stat. 406, provided that:

"(a)(1) The amount payable to the Secretary by a State for any

fiscal year, other than fiscal year 1974, pursuant to its agreement

or agreements under section 1616 of the Social Security Act [this

section] shall not exceed the non-Federal share of expenditures as

aid or assistance for quarters in the calendar year 1972 under the

plans of the State approved under titles I, X, XIV, and XVI of the

Social Security Act [subchapters I, X, XIV, and XVI of this

chapter] (as defined in subsection (c) of this section), and the

amount payable for fiscal year 1974 pursuant to such agreement or

agreements shall not exceed one-half of the non-Federal share of

such expenditures.

"(2) Paragraph (1) of this subsection shall only apply with

respect to that portion of the supplementary payments made by the

Secretary on behalf of the State under such agreements in any

fiscal year which does not exceed in the case of any individual the

difference between -

"(A) the adjusted payment level under the appropriate approved

plan of such State as in effect for January 1972 (as defined in

subsection (b) of this section), and

"(B) the benefits under title XVI of the Social Security Act

[this subchapter] (subject to the second sentence of this

paragraph), plus income not excluded under section 1612(b) of

such Act [section 1382a(b) of this title] in determining such

benefits, paid to such individual in such fiscal year,

and shall not apply with respect to supplementary payments to any

individual who (i) is not required by section 1616 of such Act

[this section] to be included in any such agreement administered by

the Secretary and (ii) would have been ineligible (for reasons

other than income) for payments under the appropriate approved

State plan as in effect for January 1972. In determining the

difference between the level specified in subparagraph (A) and the

benefits and income described in subparagraph (B) there shall be

excluded any part of any such benefit which results from (and would

not be payable but for) any cost-of-living increase in such

benefits under section 1617 of such Act [section 1382f of this

title] (or any general increase enacted by law in the dollar

amounts referred to in such section) becoming effective after June

30, 1977.

"(b)(1) For purposes of subsection (a), the term 'adjusted

payment level under the appropriate approved plan of a State as in

effect for January 1972' means the amount of the money payment

which an individual with no other income would have received under

the plan of such State approved under title I, X, XIV, or XVI of

the Social Security Act [subchapters I, X, XIV, or XVI of this

chapter], as may be appropriate, and in effect for January 1972;

except that the State may, at its option, increase such payment

level with respect to any such plan by an amount which does not

exceed the sum of -

"(A) a payment level modification (as defined in paragraph (2)

of this subsection) with respect to such plan, and

"(B) the bonus value of food stamps in such State for January

1972 (as defined in paragraph (3) of this subsection).

"(2) For purposes of paragraph (1), the term 'payment level

modification' with respect to any State plan means that amount by

which a State which for January 1972 made money payments under such

plan to individuals with no other income which were less than 100

per centum of its standard of need could have increased such money

payments without increasing (if it reduced its standard of need

under such plan so that such increased money payments equaled 100

per centum of such standard of need) the non-Federal share of

expenditures as aid or assistance for quarters in calendar year

1972 under the plans of such State approved under titles I, X, XIV,

and XVI of the Social Security Act [subchapters I, X, XIV, and XVI

of this chapter].

"(3) For purposes of paragraph (1), the term 'bonus value of food

stamps in a State for January 1972' (with respect to an individual)

means -

"(A) the face value of the coupon allotment which would have

been provided to such an individual under the Food Stamp Act of

1964 [section 2011 et seq. of Title 7, Agriculture] for January

1972, reduced by

"(B) the charge which such an individual would have paid for

such coupon allotment,

if the income of such individual, for purposes of determining the

charge it would have paid for its coupon allotment, had been equal

to the adjusted payment level under the State plan (including any

payment level modification with respect to the plan adopted

pursuant to paragraph (2) (but not including any amount under this

paragraph)). The total face value of food stamps and the cost

thereof in January 1972 shall be determined in accordance with

rules prescribed by the Secretary of Agriculture in effect in such

month.

"(c) For purposes of this section, the term 'non-Federal share of

expenditures as aid or assistance for quarters in the calendar year

1972 under the plans of a State approved under titles I, X, XIV,

and XVI of the Social Security Act' [subchapters I, X, XIV, and XVI

of this chapter] means the difference between -

"(1) the total expenditures in such quarters under such plans

for aid or assistance (excluding expenditures authorized under

section 1119 of such Act [section 1319 of this title] for

repairing the home of an individual who was receiving aid or

assistance under one of such plans (as such section was in effect

prior to the enactment of this Act)), and

"(2) the total of the amounts determined under sections 3,

1003, 1403, and 1603 of the Social Security Act [sections 303,

1203, 1353, and 1383 note of this title], under section 1118 of

such Act [section 1318 of this title], and under section 9 of the

Act of April 19, 1950 [section 639 of Title 25, Indians], for

such State with respect to such expenditures in such quarters.

"(d) In addition to the amount which a State must pay to the

Secretary for the fiscal year 1983 or the fiscal year 1984, as

determined under subsection (a), the State shall also pay, for the

fiscal year 1983, 60 percent of the further amount that would be

payable but for the limit specified in subsection (a), and, for the

fiscal year 1984, 80 percent of such further amount. For each

fiscal year thereafter, the limit prescribed in subsection (a)

shall be inapplicable and a State shall pay to the Secretary the

full amount of any supplementary payments he makes on behalf of

such State."

[Amendment of section 401(a)(2) of Pub. L. 92-603, set out above,

by Pub. L. 94-585 inserting parenthetical text in subpar. (B) and

enacting last sentence, such amendments being identical to

amendments by Pub. L. 94-566 less the words "and before July 1,

1979" following "June 30, 1977", effective with respect to benefits

payable for months after June 1977, see section 2(c) of Pub. L.

94-585, set out as a note under section 1382g of this title.]

[Amendment of section 401(a)(2) of Pub. L. 92-603, set out above,

by Pub. L. 94-566 inserting parenthetical text in subpar. (B) and

enacting last sentence effective under provisions of Pub. L.

94-566, title V, Sec. 504(b), Oct. 20, 1976, 90 Stat. 2686, with

respect to benefits payable for months after June 1977.]

[Amendment of section 401 of Pub. L. 92-603, set out above, by

section 18(h) of Pub. L. 93-233 effective Jan. 1, 1974, see section

18(z-3)(1) of Pub. L. 93-233.]

[Section 184(b) of Pub. L. 97-248 provided that: "The amendment

made by subsection (a) [amending section 401 of Pub. L. 92-603, set

out above] shall become effective on the date of the enactment of

this Act [Sept. 3, 1982]."]

TRANSITIONAL ADMINISTRATION OF PROGRAMS BY STATE PURSUANT TO

AGREEMENT BETWEEN STATE AND SECRETARY

Section 402 of Pub. L. 92-603, as amended by Pub. L. 93-233, Sec.

18(i), Dec. 31, 1973, 87 Stat. 970, provided that: "In order for a

State to be eligible for any payments pursuant to title IV, V, XVI,

or XIX of the Social Security Act [subchapter IV, V, XVI, or XIX of

this chapter] with respect to expenditures for the third and fourth

quarters in the fiscal year ending June 30, 1974, and any quarter

in the fiscal year ending June 30, 1975, and for the purpose of

providing an orderly transition from State to Federal

administration of the Supplemental Security Income Program, such

State shall enter into an agreement with the Secretary of Health,

Education, and Welfare under which the State agencies responsible

for administering or for supervising the administration of the

plans approved under titles I, X, XIV, and XVI of the Social

Security Act [subchapters I, X, XIV, and XVI of this chapter] will,

on behalf of the Secretary, administer all or such part or parts of

the program established by section 301 of this Act [enacting this

subchapter], during such portion of the third and fourth quarters

of the fiscal year ending June 30, 1974, and any quarter of the

fiscal year ending June 30, 1975, as may be provided in such

agreement."

ELECTION OF PAYMENTS UNDER COMBINED STATE PLAN RATHER THAN SEPARATE

PLANS

Pub. L. 87-543, Sec. 141(b), July 25, 1962, 76 Stat. 205,

provided that: "No payment may be made to a State under title I, X,

or XIV of the Social Security Act [subchapter I, X, or XIV of this

chapter] for any period for which such State receives any payments

under title XVI of such Act or any period thereafter."

OVERPAYMENT OR UNDERPAYMENT ADJUSTMENTS

Pub. L. 87-543, Sec. 141(f), July 25, 1962, 76 Stat. 205,

provided that: "In the case of any State which has a State plan

approved under title XVI of the Social Security Act [this

subchapter], any overpayment or underpayment which the Secretary

determines was made to such State under section 3, 1003, or 1403 of

such Act [section 303, 1203, or 1353 of this title] with respect to

a period before the approval of the plan under such title XVI, and

with respect to which adjustment has not been already made under

subsection (b) of such section 3, 1003, or 1403 [section 303(b),

1203, or 1353 of this title], shall, for purposes of section

1603(b) of such Act [section 1383(b) of this title prior to its

omission on Oct. 30, 1972], be considered an overpayment or

underpayment (as the case may be) made under section 1603 of such

Act [section 1383 of this title as it existed prior to Oct. 30,

1972]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 402, 404, 426, 1012,

1310, 1320a-6, 1320a-8a, 1320b-6, 1320b-17, 1382d, 1382g, 1382i,

1383, 1383c, 1396a, 1396d, 3002 of this title; title 7 sections

2012, 2015; title 8 section 1612; title 12 section 1715w; title 26

sections 51, 6103.

-End-

-CITE-

42 USC Sec. 1382f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part A - Determination of Benefits

-HEAD-

Sec. 1382f. Cost-of-living adjustments in benefits

-STATUTE-

(a) Increase of dollar amounts

Whenever benefit amounts under subchapter II of this chapter are

increased by any percentage effective with any month as a result of

a determination made under section 415(i) of this title -

(1) each of the dollar amounts in effect for such month under

subsections (a)(1)(A), (a)(2)(A), (b)(1), and (b)(2) of section

1382 of this title, and subsection (a)(1)(A) of section 211 of

Public Law 93-66, as specified in such subsections or as

previously increased under this section, shall be increased by

the amount (if any) by which -

(A) the amount which would have been in effect for such month

under such subsection but for the rounding of such amount

pursuant to paragraph (2), exceeds

(B) the amount in effect for such month under such

subsection; and

(2) the amount obtained under paragraph (1) with respect to

each subsection shall be further increased by the same percentage

by which benefit amounts under subchapter II of this chapter are

increased for such month, or, if greater (in any case where the

increase under subchapter II of this chapter was determined on

the basis of the wage increase percentage rather than the CPI

increase percentage), the percentage by which benefit amounts

under subchapter II of this chapter would be increased for such

month if the increase had been determined on the basis of the CPI

increase percentage, (and rounded, when not a multiple of $12, to

the next lower multiple of $12), effective with respect to

benefits for months after such month.

(b) Publication in Federal Register of new dollar amounts

The new dollar amounts to be in effect under section 1382 of this

title and under section 211 of Public Law 93-66 by reason of

subsection (a) of this section shall be published in the Federal

Register together with, and at the same time as, the material

required by section 415(i)(2)(D) of this title to be published

therein by reason of the determination involved.

(c) Additional increases

Effective July 1, 1983 -

(1) each of the dollar amounts in effect under subsections

(a)(1)(A) and (b)(1) of section 1382 of this title, as previously

increased under this section, shall be increased by $240 (and the

dollar amount in effect under subsection (a)(1)(A) of section 211

of Public Law 93-66, as previously so increased, shall be

increased by $120); and

(2) each of the dollar amounts in effect under subsections

(a)(2)(A) and (b)(2) of section 1382 of this title, as previously

increased under this section, shall be increased by $360.

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1617, as added Pub. L.

93-368, Sec. 6(b), Aug. 7, 1974, 88 Stat. 421; amended Pub. L.

97-248, title I, Sec. 182(a), Sept. 3, 1982, 96 Stat. 404; Pub. L.

98-21, title IV, Sec. 401, Apr. 20, 1983, 97 Stat. 138.)

-REFTEXT-

REFERENCES IN TEXT

Section 211 of Public Law 93-66, referred to in subsecs. (a)(1),

(b), and (c)(1), is section 211 of Pub. L. 93-66, title II, July 9,

1973, 87 Stat. 154, as amended, which is set out as a note under

section 1382 of this title.

-MISC1-

AMENDMENTS

1983 - Subsec. (a)(2). Pub. L. 98-21, Sec. 401(b), inserted

provision that the amount obtained under par. (1) with respect to

each subsection shall be further increased by the percentage by

which benefit amounts under subchapter II of this chapter would be

increased for such month if the increase had been determined on the

basis of the CPI increase percentage, if greater, in any case where

the increase under subchapter II of this chapter was determined on

the basis of the wage increase percentage rather than the CPI

increase percentage.

Subsec. (b). Pub. L. 98-21, Sec. 401(a)(2), substituted

"subsection (a) of this subsection" for "this section".

Subsec. (c). Pub. L. 98-21, Sec. 401(a)(1), added subsec. (c).

1982 - Pub. L. 97-248 redesignated existing provisions as subsec.

(a), revised method of computation into pars. (1) and (2) and among

other changes increased base for rounding-off from a multiple of

$1.20 to a multiple of $12.00, and struck out provisions relating

to publication of increased dollar amounts in the Federal Register,

and added subsec. (b).

EFFECTIVE DATE OF 1982 AMENDMENT

Section 182(b) of Pub. L. 97-248 provided that: "The amendment

made by this section [amending this section] shall become effective

on October 1, 1982."

COST-OF-LIVING INCREASES; COST-OF-LIVING COMPUTATION QUARTER

DETERMINATIONS

Payment of increased benefits under program covered in subchapter

II of this chapter, see section 1 of Pub. L. 98-604, set out as a

note under section 415 of this title.

APPLICATION TO NORTHERN MARIANA ISLANDS

For applicability of this section to the Northern Mariana

Islands, see section 502(a)(1) of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America and Proc. No. 4534, Oct. 24,

1977, 42 F.R. 6593, set out as notes under section 1801 of Title

48, Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1382, 1382g of this

title.

-End-

-CITE-

42 USC Sec. 1382g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part A - Determination of Benefits

-HEAD-

Sec. 1382g. Payments to State for operation of supplementation

program

-STATUTE-

(a) Eligibility; agreement with Commissioner

In order for any State which makes supplementary payments of the

type described in section 1382e(a) of this title (including

payments pursuant to an agreement entered into under section 212(a)

of Public Law 93-66), on or after June 30, 1977, to be eligible for

payments pursuant to subchapter XIX of this chapter with respect to

expenditures for any calendar quarter which begins -

(1) after June 30, 1977, or, if later,

(2) after the calendar quarter in which it first makes such

supplementary payments,

such State must have in effect an agreement with the Commissioner

of Social Security whereby the State will -

(3) continue to make such supplementary payments, and

(4) maintain such supplementary payments at levels which are

not lower than the levels of such payments in effect in December

1976, or, if no such payments were made in that month, the levels

for the first subsequent month in which such payments were made.

(b) Levels of supplementary payments

(1) The Commissioner of Social Security shall not find that a

State has failed to meet the requirements imposed by paragraph (4)

of subsection (a) of this section with respect to the levels of its

supplementary payments for a particular month or months if the

State's expenditures for such payments in the twelve-month period

(within which such month or months fall) beginning on the effective

date of any increase in the level of supplemental security income

benefits pursuant to section 1382f of this title are not less than

its expenditures for such payments in the preceding twelve-month

period.

(2) For purposes of determining under paragraph (1) whether a

State's expenditures for supplementary payments in the 12-month

period beginning on the effective date of any increase in the level

of supplemental security income benefits are not less than the

State's expenditures for such payments in the preceding 12-month

period, the Commissioner of Social Security, in computing the

State's expenditures, shall disregard, pursuant to a 1-time

election of the State, all expenditures by the State for

retroactive supplementary payments that are required to be made in

connection with the retroactive supplemental security income

benefits referred to in section 5041 of the Omnibus Budget

Reconciliation Act of 1990.

(c) Election to apply subsection (a)(4)

Any State which satisfies the requirements of this section solely

by reason of subsection (b) of this section for a particular month

or months in any 12-month period (described in such subsection)

ending on or after June 30, 1982, may elect, with respect to any

month in any subsequent 12-month period (so described), to apply

subsection (a)(4) of this section as though the reference to

December 1976 in such subsection were a reference to the month of

December which occurred in the 12-month period immediately

preceding such subsequent period.

(d) Determinations respecting any portion of period July 1, 1980,

through June 30, 1981

The Commissioner of Social Security shall not find that a State

has failed to meet the requirements imposed by paragraph (4) of

subsection (a) of this section with respect to the levels of its

supplementary payments for any portion of the period July 1, 1980,

through June 30, 1981, if the State's expenditures for such

payments in that twelve-month period were not less than its

expenditures for such payments for the period July 1, 1976, through

June 30, 1977 (or, if the State made no supplementary payments in

the period July 1, 1976, through June 30, 1977, the expenditures

for the first twelve-month period extending from July 1 through

June 30 in which the State made such payments).

(e) Meeting subsection (a)(4) requirements for any month after

March 1983

(1) For any particular month after March 1983, a State which is

not treated as meeting the requirements imposed by paragraph (4) of

subsection (a) of this section by reason of subsection (b) of this

section shall be treated as meeting such requirements if and only

if -

(A) the combined level of its supplementary payments (to

recipients of the type involved) and the amounts payable (to or

on behalf of such recipients) under section 1382(b) of this title

and section 211(a)(1)(A) of Public Law 93-66, for that particular

month,

is not less than -

(B) the combined level of its supplementary payments (to

recipients of the type involved) and the amounts payable (to or

on behalf of such recipients) under section 1382(b) of this title

and section 211(a)(1)(A) of Public Law 93-66, for March 1983,

increased by the amount of all cost-of-living adjustments under

section 1382f of this title (and any other benefit increases

under this subchapter) which have occurred after March 1983 and

before that particular month.

(2) In determining the amount of any increase in the combined

level involved under paragraph (1)(B) of this subsection, any

portion of such amount which would otherwise be attributable to the

increase under section 1382f(c) of this title shall be deemed

instead to be equal to the amount of the cost-of-living adjustment

which would have occurred in July 1983 (without regard to the

3-percent limitation contained in section 415(i)(1)(B) of this

title) if section 111 of the Social Security Amendments of 1983 had

not been enacted.

(f) Passthrough relating to optional State supplementation

The Commissioner of Social Security shall not find that a State

has failed to meet the requirements imposed by subsection (a) of

this section with respect to the levels of its supplementary

payments for the period January 1, 1984, through December 31, 1985,

if in the period January 1, 1986, through December 31, 1986, its

supplementary payment levels (other than to recipients of benefits

determined under section 1382(e)(1)(B) of this title) are not less

than those in effect in December 1976, increased by a percentage

equal to the percentage by which payments under section 1382(b) of

this title and section 211(a)(1)(A) of Public Law 93-66 have been

increased as a result of all adjustments under section 1382f(a) and

(c) of this title which have occurred after December 1976 and

before February 1986.

(g) Mandatory pass-through of increased personal needs allowance

In order for any State which makes supplementary payments of the

type described in section 1382e(a) of this title (including

payments pursuant to an agreement entered into under section 212(a)

of Public Law 93-66) to recipients of benefits determined under

section 1382(e)(1)(B) of this title, on or after October 1, 1987,

to be eligible for payments pursuant to subchapter XIX of this

chapter with respect to any calendar quarter which begins -

(1) after October 1, 1987, or, if later

(2) after the calendar quarter in which it first makes such

supplementary payments to recipients of benefits so determined,

such State must have in effect an agreement with the Commissioner

of Social Security whereby the State will -

(3) continue to make such supplementary payments to recipients

of benefits so determined, and

(4) maintain such supplementary payments to recipients of

benefits so determined at levels which assure (with respect to

any particular month beginning with July 1988) that -

(A) the combined level of such supplementary payments and the

amounts payable to or on behalf of such recipients under

section 1382(e)(1)(B) of this title for that particular month,

is not less than -

(B) the combined level of such supplementary payments and the

amounts payable to or on behalf of such recipients under

section 1382(e)(1)(B) of this title for October 1987 (or, if no

such supplementary payments were made for that month, the

combined level for the first subsequent month for which such

payments were made), increased -

(i) in a case to which clause (i) of such section

1382(e)(1)(B) of this title applies or (with respect to the

individual or spouse who is in the hospital, home, or

facility involved) to which clause (ii) of such section

applies, by $5, and

(ii) in a case to which clause (iii) of such section

1382(e)(1)(B) of this title applies, by $10.

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1618, as added Pub. L.

94-585, Sec. 2(a), Oct. 21, 1976, 90 Stat. 2901; amended Pub. L.

97-248, title I, Sec. 186, Sept. 3, 1982, 96 Stat. 407; Pub. L.

97-377, title I, Sec. 147, Dec. 21, 1982, 96 Stat. 1917; Pub. L.

98-21, title IV, Sec. 402, Apr. 20, 1983, 97 Stat. 139; Pub. L.

98-369, div. B, title VI, Sec. 2663(g)(9), July 18, 1984, 98 Stat.

1169; Pub. L. 99-272, title XII, Sec. 12201(a), Apr. 7, 1986, 100

Stat. 289; Pub. L. 100-203, title IX, Sec. 9119(b), Dec. 22, 1987,

101 Stat. 1330-309; Pub. L. 103-296, title I, Sec. 107(a)(4), title

II, Sec. 209(a), Aug. 15, 1994, 108 Stat. 1478, 1517.)

-REFTEXT-

REFERENCES IN TEXT

Sections 211(a)(1)(A) and 212(a) of Public Law 93-66, referred to

in subsecs. (a), (e)(1), (f), and (g), are sections 211(a)(1)(A)

and 212(a) of Pub. L. 93-66, title II, July 9, 1973, 87 Stat. 154,

155, as amended, which are set out as notes under section 1382 of

this title.

Section 5041 of the Omnibus Budget Reconciliation Act of 1990,

referred to in subsec. (b)(2), is section 5041 of Pub. L. 101-508,

title V, Nov. 5, 1990, 104 Stat. 1388-227, which is not classified

to the Code.

Section 111 of the Social Security Amendments of 1983, referred

to in subsec. (e)(2), is section 111 of Pub. L. 98-21, title I,

Apr. 20, 1983, 97 Stat. 72, which amended sections 402, 403, 415,

and 430 of this title and enacted provisions set out as notes under

sections 402 and 415 of this title and section 5123 of Title 38,

Veterans' Benefits.

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary".

Subsec. (b). Pub. L. 103-296, Sec. 209(a), designated existing

provisions as par. (1) and added par. (2).

Pub. L. 103-296, Sec. 107(a)(4), in subsec. (b) as amended by

Pub. L. 103-296, Sec. 209(a), substituted "Commissioner of Social

Security" for "Secretary" in two places.

Subsecs. (d), (f), (g). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary".

1987 - Subsec. (g). Pub. L. 100-203 added subsec. (g).

1986 - Subsec. (f). Pub. L. 99-272 added subsec. (f).

1984 - Subsec. (d). Pub. L. 98-369, Sec. 2663(g)(9)(A), realigned

margin of subsec. (d).

Pub. L. 98-369, Sec. 2663(g)(9)(B), (C), struck out the comma

after "levels of its", and inserted a comma after "1980" and after

"1976", wherever appearing.

1983 - Subsecs. (c), (d). Pub. L. 98-21 redesignated subsec. (c),

added by Pub. L. 97-377, as (d).

Subsec. (e). Pub. L. 98-21 added subsec. (e).

1982 - Subsec. (c). Pub. L. 97-377 added subsec. (c) relating to

conditions under which the Secretary shall not find that a State

has failed to meet the requirements of subsec. (a)(4) of this

section concerning levels of supplementary payments.

Pub. L. 97-248 added subsec. (c) relating to conditions under

which a State may elect to apply subsec. (a)(4) of this section.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note

under section 401 of this title.

Section 209(b) of Pub. L. 103-296 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to increases in the level of supplemental security income

benefits under title XVI of the Social Security Act [this

subchapter] whether occurring before, on, or after the date of the

enactment of this Act [Aug. 15, 1994]."

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-203 effective July 1, 1988, see section

9119(c) of Pub. L. 100-203, set out as a note under section 1382 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

EFFECTIVE DATE

Section 2(c) of Pub. L. 94-585 provided that: "The provisions of

this section [enacting this section and provisions set out as a

note under section 1382e of this title] shall be effective with

respect to benefits payable for months after June 1977."

APPLICATION TO NORTHERN MARIANA ISLANDS

For applicability of this section to the Northern Mariana

Islands, see section 502(a)(1) of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America and Proc. No. 4534, Oct. 24,

1977, 42 F.R. 6593, set out as notes under section 1801 of Title

48, Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1396v of this title.

-End-

-CITE-

42 USC Sec. 1382h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part A - Determination of Benefits

-HEAD-

Sec. 1382h. Benefits for individuals who perform substantial

gainful activity despite severe medical impairment

-STATUTE-

(a) Eligible individuals

(1) Except as provided in section 1383(j) of this title, any

individual who was determined to be an eligible individual (or

eligible spouse) by reason of being under a disability and was

eligible to receive benefits under section 1382 of this title (or a

federally administered State supplementary payment) for a month and

whose earnings in a subsequent month exceed the amount designated

by the Commissioner of Social Security ordinarily to represent

substantial gainful activity shall qualify for a monthly benefit

under this subsection for such subsequent month (which shall be in

lieu of any benefit under section 1382 of this title) equal to an

amount determined under section 1382(b)(1) of this title (or, in

the case of an individual who has an eligible spouse, under section

1382(b)(2) of this title), and for purposes of subchapter XIX of

this chapter shall be considered to be receiving supplemental

security income benefits under this subchapter, for so long as -

(A) such individual continues to have the disabling physical or

mental impairment on the basis of which such individual was found

to be under a disability; and

(B) the income of such individual, other than income excluded

pursuant to section 1382a(b) of this title, is not equal to or in

excess of the amount which would cause him to be ineligible for

payments under section 1382 of this title and such individual

meets all other non-disability-related requirements for

eligibility for benefits under this subchapter.

(2) The Commissioner of Social Security shall make a

determination under paragraph (1)(A) with respect to an individual

not later than 12 months after the first month for which the

individual qualifies for a benefit under this subsection.

(b) Blind or disabled individuals receiving supplemental security

income benefits

(1) Except as provided in section 1383(j) of this title, for

purposes of subchapter XIX of this chapter, any individual who was

determined to be a blind or disabled individual eligible to receive

a benefit under section 1382 of this title or any federally

administered State supplementary payment for a month and who in a

subsequent month is ineligible for benefits under this subchapter

(and for any federally administered State supplementary payments)

because of his or her income shall, nevertheless, be considered to

be receiving supplemental security income benefits for such

subsequent month provided that the Commissioner of Social Security

determines under regulations that -

(A) such individual continues to be blind or continues to have

the disabling physical or mental impairment on the basis of which

he was found to be under a disability and, except for his

earnings, meets all non-disability-related requirements for

eligibility for benefits under this subchapter;

(B) the income of such individual would not, except for his

earnings and increases pursuant to section 415(i) of this title

in the level of monthly insurance benefits to which the

individual is entitled under subchapter II of this chapter that

occur while such individual is considered to be receiving

supplemental security income benefits by reason of this

subsection, be equal to or in excess of the amount which would

cause him to be ineligible for payments under section 1382(b) of

this title (if he were otherwise eligible for such payments);

(C) the termination of eligibility for benefits under

subchapter XIX of this chapter would seriously inhibit his

ability to continue his employment; and

(D) such individual's earnings are not sufficient to allow him

to provide for himself a reasonable equivalent of the benefits

under this subchapter (including any federally administered State

supplementary payments), benefits under subchapter XIX of this

chapter, and publicly funded attendant care services (including

personal care assistance), which would be available to him in the

absence of such earnings.

(2)(A) Determinations made under paragraph (1)(D) shall be based

on information and data updated no less frequently than annually.

(B) In determining an individual's earnings for purposes of

paragraph (1)(D), there shall be excluded from such earnings an

amount equal to the sum of any amounts which are or would be

excluded under clauses (ii) and (iv) of section 1382a(b)(4)(B) of

this title (or under clauses (ii) and (iii) of section

1382a(b)(4)(A) of this title) in determining his or her income.

(3) In the case of a State that exercises the option under

section 1396a(f) of this title, any individual who -

(A)(i) qualifies for a benefit under subsection (a) of this

section, or

(ii) meets the requirements of paragraph (1); and

(B) was eligible for medical assistance under the State plan

approved under subchapter XIX of this chapter in the month

immediately preceding the first month in which the individual

qualified for a benefit under such subsection or met such

requirements,

shall remain eligible for medical assistance under such plan for so

long as the individual qualifies for a benefit under such

subsection or meets such requirements.

(c) Continuing disability or blindness reviews; limitation

Subsection (a)(2) of this section and section 1383(j)(2)(A) of

this title shall not be construed, singly or jointly, to require

more than 1 determination during any 12-month period with respect

to the continuing disability or blindness of an individual.

(d) Information and training programs

The Commissioner of Social Security and the Secretary of

Education shall jointly develop and disseminate information, and

establish training programs for staff personnel, with respect to

the potential availability of benefits and services for disabled

individuals under the provisions of this section. The Commissioner

of Social Security shall provide such information to individuals

who are applicants for and recipients of benefits based on

disability under this subchapter and shall conduct such programs

for the staffs of the district offices of the Social Security

Administration. The Secretary of Education shall conduct such

programs for the staffs of the State Vocational Rehabilitation

agencies, and in cooperation with such agencies shall also provide

such information to other appropriate individuals and to public and

private organizations and agencies which are concerned with

rehabilitation and social services or which represent the disabled.

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1619, as added Pub. L.

96-265, title II, Sec. 201(a), June 9, 1980, 94 Stat. 445; amended

Pub. L. 97-35, title XXIII, Sec. 2353(o), Aug. 13, 1981, 95 Stat.

873; Pub. L. 98-460, Sec. 14(b), Oct. 9, 1984, 98 Stat. 1808; Pub.

L. 99-643, Secs. 4(a), (b), (c)(2), 7(a), Nov. 10, 1986, 100 Stat.

3575, 3577, 3579; Pub. L. 101-508, title V, Secs. 5032(a), 5039(a),

Nov. 5, 1990, 104 Stat. 1388-224, 1388-226; Pub. L. 103-296, title

I, Sec. 107(a)(1), (4), title II, Sec. 205(a), Aug. 15, 1994, 108

Stat. 1477, 1478, 1509.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (a)(1), (2), (b)(1). Pub. L. 103-296, Sec.

107(a)(4), substituted "Commissioner of Social Security" for

"Secretary".

Subsec. (b)(1)(B). Pub. L. 103-296, Sec. 205(a), inserted "and

increases pursuant to section 415(i) of this title in the level of

monthly insurance benefits to which the individual is entitled

under subchapter II of this chapter that occur while such

individual is considered to be receiving supplemental security

income benefits by reason of this subsection" after "earnings".

Subsec. (d). Pub. L. 103-296, Sec. 107(a)(1), substituted

"Commissioner of Social Security" for "Secretary of Health and

Human Services" in two places.

1990 - Subsec. (b)(1). Pub. L. 101-508, Sec. 5032(a), struck out

"under age 65" after "any individual" in introductory provisions.

Subsecs. (c), (d). Pub. L. 101-508, Sec. 5039(a), added subsec.

(c) and redesignated former subsec. (c) as (d).

1986 - Subsec. (a). Pub. L. 99-643, Sec. 4(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

"Any individual who is an eligible individual (or eligible spouse)

by reason of being under a disability and was eligible to receive

benefits under section 1382(b) of this title or under this section

for the month preceding the month for which eligibility for

benefits under this section is now being determined, and who would

otherwise be denied benefits by reason of section 1382(e)(4) of

this title or ceases to be an eligible individual (or eligible

spouse) because his earnings have demonstrated a capacity to engage

in substantial gainful activity, shall nevertheless qualify for a

monthly benefit equal to an amount determined under section

1382(b)(1) of this title (or, in the case of an individual who has

an eligible spouse, under section 1382(b)(2) of this title), and

for purposes of subchapter XIX of this chapter shall be considered

a disabled individual receiving supplemental security income

benefits under this subchapter, for so long as the Secretary

determines that -

"(1) such individual continues to have the disabling physical

or mental impairment on the basis of which such individual was

found to be under a disability, and continues to meet all

non-disability-related requirements for eligibility for benefits

under this subchapter; and

"(2) the income of such individual, other than income excluded

pursuant to section 1382a(b) of this title, is not equal to or in

excess of the amount which would cause him to be ineligible for

payments under section 1382(b) of this title (if he were

otherwise eligible for such payments)."

Subsec. (a)(1). Pub. L. 99-643, Sec. 4(c)(2)(A), substituted

"Except as provided in section 1383(j) of this section, any

individual" for "Any individual".

Subsec. (b). Pub. L. 99-643, Sec. 4(b)(1)-(4), substituted

"meets" for "continues to meet" in former par. (1) and "(including

any federally administered State supplementary payments), benefits

under subchapter XIX of this chapter, and publicly funded attendant

care services (including personal care assistance)," for "and

subchapter XIX of this chapter" in former par. (4), redesignated

former pars. (1) to (4) as subpars. (A) to (D), respectively, of

par. (1), and substituted introductory provisions of such par. (1)

for former undesignated introductory provisions which read as

follows: "For purposes of subchapter XIX of this chapter, any

individual under age 65 who, for the month preceding the first

month in the period to which this subsection applies, received -

"(i) a payment of supplemental security income benefits under

section 1382(b) of this title on the basis of blindness or

disability,

"(ii) a supplementary payment under section 1382e of this title

or under section 212 of Public Law 93-66 on such basis,

"(iii) a payment of monthly benefits under subsection (a) of

this section, or

"(iv) a supplementary payment under section 1382e(c)(3) of this

title,

shall be considered to be a blind or disabled individual receiving

supplemental security income benefits for so long as the Secretary

determines under regulations that - ".

Subsec. (b)(1). Pub. L. 99-643, Sec. 4(c)(2)(B), substituted

"Except as provided in section 1383(j) of this title, for purposes

of" for "For purposes of".

Subsec. (b)(2). Pub. L. 99-643, Sec. 4(b)(5), added par. (2).

Subsec. (b)(3). Pub. L. 99-643, Sec. 7(a), added par. (3).

1984 - Subsec. (c). Pub. L. 98-460 added subsec. (c).

1981 - Subsec. (a). Pub. L. 97-35, Sec. 2353(o)(1), substituted

in provision preceding par. (1) "subchapter XIX of this chapter"

for "subchapters XIX and XX of this chapter".

Subsec. (b). Pub. L. 97-35, Sec. 2353(o), substituted in

provision preceding cl. (i) and in par. (4) "subchapter XIX of this

chapter" for "subchapters XIX and XX of this chapter" and in par.

(3) "subchapter XIX of this chapter" for "subchapter XIX or XX of

this chapter".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 107(a)(1), (4) of Pub. L. 103-296 effective

Mar. 31, 1995, see section 110(a) of Pub. L. 103-296, set out as a

note under section 401 of this title.

Section 205(b) of Pub. L. 103-296 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

eligibility determinations for months after December 1994."

EFFECTIVE DATE OF 1990 AMENDMENT

Section 5032(b) of Pub. L. 101-508 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to benefits for months beginning on or after the first day

of the 6th calendar month following the month in which this Act is

enacted [November 1990]."

Section 5039(c) of Pub. L. 101-508 provided that: "The amendments

made by this section [amending this section and section 1383 of

this title] shall take effect on the date of the enactment of this

Act [Nov. 5, 1990]."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-643 effective July 1, 1987, except as

otherwise provided, see section 10(b) of Pub. L. 99-643, set out as

a note under section 1396a of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as

otherwise explicitly provided, see section 2354 of Pub. L. 97-35,

set out as an Effective Date note under section 1397 of this title.

EFFECTIVE DATE

Section 201(d) of Pub. L. 96-265, as amended by Pub. L. 98-460,

Sec. 14(a), Oct. 9, 1984, 98 Stat. 1808; Pub. L. 99-643, Sec. 2,

Nov. 10, 1986, 100 Stat. 3574, provided that: "The amendments made

by subsections (a) and (b) [enacting this section and amending

section 1382e of this title and provisions set out as a note under

section 1382 of this title] shall become effective on January 1,

1981."

[Section 10(a) of Pub. L. 99-643 provided that: "The amendment

made by section 2 [amending section 201(d) of Pub. L. 96-265, set

out above] shall become effective on the date of the enactment of

this Act [Nov. 10, 1986]."]

SEPARATE ACCOUNTS WITH RESPECT TO BENEFITS PAYABLE; EVALUATION OF

PROGRAM

Section 201(e) of Pub. L. 96-265 provided that: "The Secretary

shall provide for separate accounts with respect to the benefits

payable by reason of the amendments made by subsections (a) and (b)

[enacting this section and amending section 1382e of this title and

provisions set out as a note under section 1382 of this title] so

as to provide for evaluation of the effects of such amendments on

the programs established by titles II, XVI, XIX, and XX of the

Social Security Act [subchapters II, XVI, XIX, and XX of this

chapter]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1320b-19, 1320b-20, 1382,

1382c, 1382d, 1382e, 1382i, 1383, 1396a, 1396d, 1396v of this

title.

-End-

-CITE-

42 USC Sec. 1382i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part A - Determination of Benefits

-HEAD-

Sec. 1382i. Medical and social services for certain handicapped

persons

-STATUTE-

(a) Authorization of appropriations for pilot program

There are authorized to be appropriated such sums as may be

necessary to establish and carry out a 3-year Federal-State pilot

program to provide medical and social services for certain

handicapped individuals in accordance with this section.

(b) State allotments

(1) The total sum of $18,000,000 shall be allotted to the States

for such program by the Commissioner of Social Security, during the

period beginning September 1, 1981, and ending September 30, 1984,

as follows:

(A) The total sum of $6,000,000 shall be allotted to the States

for the fiscal year ending September 30, 1982 (which for purposes

of this section shall include the month of September 1981).

(B) The total sum of $6,000,000, plus any amount remaining

available (after the application of paragraph (4)) from the

allotment made under subparagraph (A), shall be allotted to the

States for the fiscal year ending September 30, 1983.

(C) The total sum of $6,000,000, plus any amount remaining

available (after the application of paragraph (4)) from the

allotments made under subparagraphs (A) and (B), shall be

allotted to the States for the fiscal year ending September 30,

1984.

(2) The allotment to each State from the total sum allotted under

paragraph (1) for any fiscal year shall bear the same ratio to such

total sum as the number of individuals in such State who are over

age 17 and under age 65 and are receiving supplemental security

income benefits as disabled individuals in such year (as determined

by the Commissioner of Social Security on the basis of the most

recent data available) bears to the total number of such

individuals in all the States. For purposes of the preceding

sentence, the term "supplemental security income benefits" includes

payments made pursuant to an agreement under section 1382e(a) of

this title or under section 212(b) of Public Law 93-66.

(3) At the beginning of each fiscal year in which the pilot

program under this section is in effect, each State that does not

intend to use the allotment to which it is entitled for such year

(or any allotment which was made to it for a prior fiscal year), or

that does not intend to use the full amount of any such allotment,

shall certify to the Commissioner of Social Security the amount of

such allotment which it does not intend to use, and the State's

allotment for the fiscal year (or years) involved shall thereupon

be reduced by the amount so certified.

(4) The portion of the total amount available for allotment for

any particular fiscal year under paragraph (1) which is not

allotted to States for that year by reason of paragraph (3) (plus

the amount of any reductions made at the beginning of such year in

the allotments of States for prior fiscal years under paragraph

(3)) shall be reallocated in such manner as the Commissioner of

Social Security may determine to be appropriate to States which

need, and will use, additional assistance in providing services to

severely handicapped individuals in that particular year under

their approved plans. Any amount reallocated to a State under this

paragraph for use in a particular fiscal year shall be treated for

purposes of this section as increasing such State's allotment for

that year by an equivalent amount.

(c) Requisite features of State plans

In order to participate in the pilot program and be eligible to

receive payments for any period under subsection (d) of this

section, a State (during such period) must have a plan, approved by

the Commissioner of Social Security as meeting the requirements of

this section, which provides medical and social services for

severely handicapped individuals whose earnings are above the level

which ordinarily demonstrates an ability to engage in substantial

gainful activity and who are not receiving benefits under section

1382 or 1382h of this title or assistance under a State plan

approved under section 1396a of this title, and which -

(1) declares the intent of the State to participate in the

pilot program;

(2) designates an appropriate State agency to administer or

supervise the administration of the program in the State;

(3) describes the criteria to be applied by the State in

determining the eligibility of any individual for assistance

under the plan and in any event requires a determination by the

State agency to the effect that (A) such individual's ability to

continue his employment would be significantly inhibited without

such assistance and (B) such individual's earnings are not

sufficient to allow him to provide for himself a reasonable

equivalent of the cash and other benefits that would be available

to him under this subchapter and subchapters XIX and XX of this

chapter in the absence of those earnings;

(4) describes the process by which the eligibility of

individuals for such assistance is to be determined (and such

process may not involve the performance of functions by any State

agency or entity which is engaged in making determinations of

disability for purposes of disability insurance or supplemental

security income benefits except when the use of a different

agency or entity to perform those functions would not be

feasible);

(5) describes the medical and social services to be provided

under the plan;

(6) describes the manner in which the medical and social

services involved are to be provided and, if they are not to be

provided through the State's medical assistance and social

services programs under subchapters XIX and XX of this chapter

(with the Federal payments being made under subsection (d) of

this section rather than under those subchapters), specifies the

particular mechanisms and procedures to be used in providing such

services; and

(7) contains such other provisions as the Commissioner of

Social Security may find to be necessary or appropriate to meet

the requirements of this section or otherwise carry out its

purpose.

(d) Payments to States; computation of payments

(1) From its allotment under subsection (b) of this section for

any fiscal year (and any amounts remaining available from

allotments made to it for prior fiscal years), the Commissioner of

Social Security shall from time to time pay to each State which has

a plan approved under subsection (c) of this section an amount

equal to 75 per centum of the total sum expended under such plan

(including the cost of administration of such plan) in providing

medical and social services to severely handicapped individuals who

are eligible for such services under the plan.

(2) The method of computing and making payments under this

section shall be as follows:

(A) The Commissioner of Social Security shall, prior to each

period for which a payment is to be made to a State, estimate the

amount to be paid to the State for such period under the

provisions of this section.

(B) From the allotment available therefor, the Commissioner of

Social Security shall pay the amount so estimated, reduced or

increased, as the case may be, by any sum (not previously

adjusted under this subsection) by which the Commissioner finds

that the Commissioner's estimate of the amount to be paid the

State for any prior period under this section was greater or less

than the amount which should have been paid to the State for such

period under this section.

(e) Rules and regulations

Within nine months after June 9, 1980, the Commissioner of Social

Security shall prescribe and publish such regulations as may be

necessary or appropriate to carry out the pilot program and

otherwise implement this section.

(f) Reports

Each State participating in the pilot program under this section

shall from time to time report to the Commissioner of Social

Security on the operation and results of such program in that

State, with particular emphasis upon the work incentive effects of

the program. On or before October 1, 1983, the Commissioner of

Social Security shall submit to the Congress a report on the

program, incorporating the information contained in the State

reports along with the Commissioner's findings and recommendations.

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1620, as added Pub. L.

96-265, title II, Sec. 201(c), June 9, 1980, 94 Stat. 446; amended

Pub. L. 97-35, title XXIII, Sec. 2353(p), Aug. 13, 1981, 95 Stat.

874; Pub. L. 103-296, title I, Sec. 107(a)(4), Aug. 15, 1994, 108

Stat. 1478.)

-REFTEXT-

REFERENCES IN TEXT

Section 212(b) of Public Law 93-66, referred to in subsec.

(b)(2), is section 212(b) of Pub. L. 93-66, title II, July 9, 1973,

87 Stat. 155, as amended, which is set out as a note under section

1382 of this title.

-MISC1-

AMENDMENTS

1994 - Subsecs. (b) to (f). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary"

wherever appearing, "the Commissioner finds that the

Commissioner's" for "he finds that his" in subsec. (d)(2)(B), and

"the Commissioner's" for "his" in subsec. (f).

1981 - Subsec. (c). Pub. L. 97-35 struck out provision following

par. (7) that the plan under this section may be developed and

submitted as a separate State plan or may be submitted in the form

of an amendment to the State's plan under section 1397b(d) of this

title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section

110(a) of Pub. L. 103-296, set out as a note under section 401 of

this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as

otherwise explicitly provided, see section 2354 of Pub. L. 97-35,

set out as an Effective Date note under section 1397 of this title.

-End-

-CITE-

42 USC Sec. 1382j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part A - Determination of Benefits

-HEAD-

Sec. 1382j. Attribution of sponsor's income and resources to aliens

-STATUTE-

(a) Attribution as unearned income

For purposes of determining eligibility for and the amount of

benefits under this subchapter for an individual who is an alien,

the income and resources of any person who (as a sponsor of such

individual's entry into the United States) executed an affidavit of

support or similar agreement with respect to such individual, and

the income and resources of the sponsor's spouse, shall be deemed

to be the income and resources of such individual (in accordance

with subsections (b) and (c) of this section) for a period of 3

years after the individual's entry into the United States. Any such

income deemed to be income of such individual shall be treated as

unearned income of such individual.

(b) Determination of amount and resources

(1) The amount of income of a sponsor (and his spouse) which

shall be deemed to be the unearned income of an alien for any year

shall be determined as follows:

(A) The total yearly rate of earned and unearned income (as

determined under section 1382a(a) of this title) of such sponsor

and such sponsor's spouse (if such spouse is living with the

sponsor) shall be determined for such year.

(B) The amount determined under subparagraph (A) shall be

reduced by an amount equal to (i) the maximum amount of the

Federal benefit under this subchapter for such year which would

be payable to an eligible individual who has no other income and

who does not have an eligible spouse (as determined under section

1382(b)(1) of this title), plus (ii) one-half of the amount

determined under clause (i) multiplied by the number of

individuals who are dependents of such sponsor (or such sponsor's

spouse if such spouse is living with the sponsor), other than

such alien and such alien's spouse.

(C) The amount of income which shall be deemed to be unearned

income of such alien shall be at a yearly rate equal to the

amount determined under subparagraph (B). The period for

determination of such amount shall be the same as the period for

determination of benefits under section 1382(c) of this title.

(2) The amount of resources of a sponsor (and his spouse) which

shall be deemed to be the resources of an alien for any year shall

be determined as follows:

(A) The total amount of the resources (as determined under

section 1382b of this title) of such sponsor and such sponsor's

spouse (if such spouse is living with the sponsor) shall be

determined.

(B) The amount determined under subparagraph (A) shall be

reduced by an amount equal to (i) the applicable amount

determined under section 1382(a)(3)(B) of this title in the case

of a sponsor who has no spouse with whom he is living, or (ii)

the applicable amount determined under section 1382(a)(3)(A) of

this title in the case of a sponsor who has a spouse with whom he

is living.

(C) The resources of such sponsor (and spouse) as determined

under subparagraphs (A) and (B) shall be deemed to be resources

of such alien in addition to any resources of such alien.

(c) Support and maintenance

In determining the amount of income of an alien during the period

of 3 years after such alien's entry into the United States, the

reduction in dollar amounts otherwise required under section

1382a(a)(2)(A)(i) of this title shall not be applicable if such

alien is living in the household of a person who is a sponsor (or

such sponsor's spouse) of such alien, and is receiving support and

maintenance in kind from such sponsor (or spouse), nor shall

support or maintenance furnished in cash or kind to an alien by

such alien's sponsor (to the extent that it reflects income or

resources which were taken into account in determining the amount

of income and resources to be deemed to the alien under subsection

(a) or (b) of this section) be considered to be income of such

alien under section 1382a(a)(2)(A) of this title.

(d) Information and documentation; agreements with Secretary of

State and Attorney General

(1) Any individual who is an alien shall, during the period of 3

years after entry into the United States, in order to be an

eligible individual or eligible spouse for purposes of this

subchapter, be required to provide to the Commissioner of Social

Security such information and documentation with respect to his

sponsor as may be necessary in order for the Commissioner of Social

Security to make any determination required under this section, and

to obtain any cooperation from such sponsor necessary for any such

determination. Such alien shall also be required to provide to the

Commissioner of Social Security such information and documentation

as the Commissioner of Social Security may request and which such

alien or his sponsor provided in support of such alien's

immigration application.

(2) The Commissioner of Social Security shall enter into

agreements with the Secretary of State and the Attorney General

whereby any information available to such persons and required in

order to make any determination under this section will be provided

by such persons to the Commissioner of Social Security, and whereby

such persons shall inform any sponsor of an alien, at the time such

sponsor executes an affidavit of support or similar agreement, of

the requirements imposed by this section.

(e) Joint and several liability of alien and sponsor for

overpayments

Any sponsor of an alien, and such alien, shall be jointly and

severally liable for an amount equal to any overpayment made to

such alien during the period of 3 years after such alien's entry

into the United States, on account of such sponsor's failure to

provide correct information under the provisions of this section,

except where such sponsor was without fault, or where good cause

for such failure existed. Any such overpayment which is not repaid

to the Commissioner of Social Security or recovered in accordance

with section 1383(b) of this title shall be withheld from any

subsequent payment to which such alien or such sponsor is entitled

under any provision of this chapter.

(f) Exemptions

(1) The provisions of this section shall not apply with respect

to any individual who is an "aged, blind, or disabled individual"

for purposes of this subchapter by reason of blindness (as

determined under section 1382c(a)(2) of this title) or disability

(as determined under section 1382c(a)(3) of this title), from and

after the onset of the impairment, if such blindness or disability

commenced after the date of such individual's admission into the

United States for permanent residence.

(2) The provisions of this section shall not apply with respect

to any alien who is -

(A) admitted to the United States as a result of the

application, prior to April 1, 1980, of the provisions of section

1153(a)(7) of title 8;

(B) admitted to the United States as a result of the

application, after March 31, 1980, of the provisions of section

1157(c)(1) of title 8;

(C) paroled into the United States as a refugee under section

1182(d)(5) of title 8; or

(D) granted political asylum by the Attorney General.

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1621, as added Pub. L.

96-265, title V, Sec. 504(b), June 9, 1980, 94 Stat. 471; amended

Pub. L. 98-369, div. B, title VI, Secs. 2611(d), 2663(g)(10), July

18, 1984, 98 Stat. 1131, 1169; Pub. L. 103-152, Sec. 7(a)(1),

(b)(1), Nov. 24, 1993, 107 Stat. 1519; Pub. L. 103-296, title I,

Sec. 107(a)(4), Aug. 15, 1994, 108 Stat. 1478.)

-REFTEXT-

REFERENCES IN TEXT

Section 1153(a)(7) of title 8, referred to in subsec. (f)(2)(A),

to be deemed a reference to such section as in effect prior to Apr.

1, 1980, and to sections 1157 and 1158 of Title 8, Aliens and

Nationality. See section 203(h) of Pub. L. 96-212, set out as a

note under section 1153 of Title 8.

-MISC1-

AMENDMENTS

1994 - Subsecs. (d), (e). Pub. L. 103-296 substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing, except where appearing before "of State" in subsec.

(d)(2).

1993 - Pub. L. 103-152, Sec. 7(b)(1), substituted "3 years" for

"5 years" in subsecs. (a), (c), (d)(1), and (e).

Pub. L. 103-152, Sec. 7(a)(1), substituted "5 years" for "three

years" in subsecs. (a), (c), (d)(1), and (e).

1984 - Subsec. (b)(2)(B). Pub. L. 98-369, Sec. 2611(d),

substituted "the applicable amount determined under section

1382(a)(3)(B) of this title" for "$1,500" and "the applicable

amount determined under section 1382(a)(3)(A) of this title" for

"$2,250".

Subsec. (e). Pub. L. 98-369, Sec. 2663(g)(10), substituted

"severally" for "severably".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section

110(a) of Pub. L. 103-296, set out as a note under section 401 of

this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 7(a)(2) of Pub. L. 103-152 provided that: "The amendments

made by paragraph (1) [amending this section] shall take effect on

January 1, 1994."

Section 7(b)(2) of Pub. L. 103-152 provided that: "The amendments

made by paragraph (1) [amending this section] shall take effect on

October 1, 1996."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 2611(d) of Pub. L. 98-369 effective Oct. 1,

1984, except as otherwise specifically provided, see section 2646

of Pub. L. 98-369, set out as a note under section 657 of this

title.

Amendment by section 2663(g)(10) of Pub. L. 98-369 effective July

18, 1984, but not to be construed as changing or affecting any

right, liability, status, or interpretation which existed (under

the provisions of law involved) before that date, see section

2664(b) of Pub. L. 98-369, set out as a note under section 401 of

this title.

EFFECTIVE DATE

Section 504(c) of Pub. L. 96-265 provided that: "The amendments

made by this section [enacting this section and amending section

1382c of this title] shall be effective with respect to individuals

applying for supplemental security income benefits under title XVI

of the Social Security Act [this subchapter] for the first time

after September 30, 1980."

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1382c of this title.

-End-

-CITE-

42 USC Sec. 1382k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part A - Determination of Benefits

-HEAD-

Sec. 1382k. Repealed. Pub. L. 97-123, Sec. 2(h), Dec. 29, 1981, 95

Stat. 1661

-MISC1-

Section, act Aug. 14, 1935, ch. 531, title XVI, Sec. 1622, as

added Aug. 13, 1981, Pub. L. 97-35, title XXII, Sec. 2201(g), 95

Stat. 833, related to benefits for individuals formerly receiving

minimum benefits.

EFFECTIVE DATE OF REPEAL

Repeal effective with respect to benefits for months after

December 1981, see section 2(j)(2) of Pub. L. 97-123, set out as an

Effective Date of 1981 Amendment note under section 415 of this

title.

Pub. L. 97-35, title XXII, Sec. 2201(h), Aug. 13, 1981, 95 Stat.

834, which provided for the effective date of this section and the

other enactments and amendments made by section 2201 of Pub. L.

97-35, was repealed by Pub. L. 97-123, Sec. 2(j)(1), Dec. 29, 1981,

95 Stat. 1661.

-End-

-CITE-

42 USC Part B - Procedural and General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part B - Procedural and General Provisions

-HEAD-

PART B - PROCEDURAL AND GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 1383 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part B - Procedural and General Provisions

-HEAD-

Sec. 1383. Procedure for payment of benefits

-STATUTE-

(a) Time, manner, form, and duration of payments; representative

payees; promulgation of regulations

(1) Benefits under this subchapter shall be paid at such time or

times and (subject to paragraph (10)) in such installments as will

best effectuate the purposes of this subchapter, as determined

under regulations (and may in any case be paid less frequently than

monthly where the amount of the monthly benefit would not exceed

$10).

(2)(A)(i) Payments of the benefit of any individual may be made

to any such individual or to the eligible spouse (if any) of such

individual or partly to each.

(ii)(I) Upon a determination by the Commissioner of Social

Security that the interest of such individual would be served

thereby, such payments shall be made, regardless of the legal

competency or incompetency of the individual or eligible spouse, to

another individual, or an organization, with respect to whom the

requirements of subparagraph (B) have been met (in this paragraph

referred to as such individual's "representative payee") for the

use and benefit of the individual or eligible spouse.

(II) In the case of an individual eligible for benefits under

this subchapter by reason of disability, the payment of such

benefits shall be made to a representative payee if the

Commissioner of Social Security determines that such payment would

serve the interest of the individual because the individual also

has an alcoholism or drug addiction condition (as determined by the

Commissioner) and the individual is incapable of managing such

benefits.

(iii) If the Commissioner of Social Security or a court of

competent jurisdiction determines that the representative payee of

an individual or eligible spouse has misused any benefits which

have been paid to the representative payee pursuant to clause (ii)

or section 405(j)(1) or 1007 of this title, the Commissioner of

Social Security shall promptly terminate payment of benefits to the

representative payee pursuant to this subparagraph, and provide for

payment of benefits to an alternative representative payee of the

individual or eligible spouse or, if the interest of the individual

under this subchapter would be served thereby, to the individual or

eligible spouse.

(B)(i) Any determination made under subparagraph (A) for payment

of benefits to the representative payee of an individual or

eligible spouse shall be made on the basis of -

(I) an investigation by the Commissioner of Social Security of

the person to serve as representative payee, which shall be

conducted in advance of such payment, and shall, to the extent

practicable, include a face-to-face interview with such person;

and

(II) adequate evidence that such payment is in the interest of

the individual or eligible spouse (as determined by the

Commissioner of Social Security in regulations).

(ii) As part of the investigation referred to in clause (i)(I),

the Commissioner of Social Security shall -

(I) require the person being investigated to submit documented

proof of the identity of such person, unless information

establishing such identity was submitted with an application for

benefits under subchapter II of this chapter, subchapter VIII of

this chapter, or this subchapter;

(II) verify the social security account number (or employer

identification number) of such person;

(III) determine whether such person has been convicted of a

violation of section 408, 1011, or 1383a of this title; and

(IV) determine whether payment of benefits to such person has

been terminated pursuant to subparagraph (A)(iii), whether the

designation of such person as a representative payee has been

revoked pursuant to section 1007(a) of this title, and whether

certification of payment of benefits to such person has been

revoked pursuant to section 405(j) of this title, by reason of

misuse of funds paid as benefits under subchapter II of this

chapter, subchapter VIII of this chapter, or this subchapter.

(iii) Benefits of an individual may not be paid to any other

person pursuant to subparagraph (A)(ii) if -

(I) such person has previously been convicted as described in

clause (ii)(III);

(II) except as provided in clause (iv), payment of benefits to

such person pursuant to subparagraph (A)(ii) has previously been

terminated as described in clause (ii)(IV), the designation of

such person as a representative payee has been revoked pursuant

to section 1007(a) of this title, or certification of payment of

benefits to such person under section 405(j) of this title has

previously been revoked as described in section

405(j)(2)(B)(i)(IV) of this title; or

(III) except as provided in clause (v), such person is a

creditor of such individual who provides such individual with

goods or services for consideration.

(iv) The Commissioner of Social Security shall prescribe

regulations under which the Commissioner of Social Security may

grant an exemption from clause (iii)(II) to any person on a

case-by-case basis if such exemption would be in the best interest

of the individual or eligible spouse whose benefits under this

subchapter would be paid to such person pursuant to subparagraph

(A)(ii).

(v) Clause (iii)(III) shall not apply with respect to any person

who is a creditor referred to therein if such creditor is -

(I) a relative of such individual if such relative resides in

the same household as such individual;

(II) a legal guardian or legal representative of such

individual;

(III) a facility that is licensed or certified as a care

facility under the law of a State or a political subdivision of a

State;

(IV) a person who is an administrator, owner, or employee of a

facility referred to in subclause (III) if such individual

resides in such facility, and the payment of benefits under this

subchapter to such facility or such person is made only after

good faith efforts have been made by the local servicing office

of the Social Security Administration to locate an alternative

representative payee to whom the payment of such benefits would

serve the best interests of such individual; or

(V) an individual who is determined by the Commissioner of

Social Security, on the basis of written findings and under

procedures which the Commissioner of Social Security shall

prescribe by regulation, to be acceptable to serve as a

representative payee.

(vi) The procedures referred to in clause (v)(V) shall require

the individual who will serve as representative payee to establish,

to the satisfaction of the Commissioner of Social Security, that -

(I) such individual poses no risk to the beneficiary;

(II) the financial relationship of such individual to the

beneficiary poses no substantial conflict of interest; and

(III) no other more suitable representative payee can be found.

(vii) In the case of an individual described in subparagraph

(A)(ii)(II), when selecting such individual's representative payee,

preference shall be given to -

(I) a community-based nonprofit social service agency licensed

or bonded by the State;

(II) a Federal, State, or local government agency whose mission

is to carry out income maintenance, social service, or health

care-related activities;

(III) a State or local government agency with fiduciary

responsibilities; or

(IV) a designee of an agency (other than of a Federal agency)

referred to in the preceding subclauses of this clause, if the

Commissioner of Social Security deems it appropriate,

unless the Commissioner of Social Security determines that

selection of a family member would be appropriate.

(viii) Subject to clause (ix), if the Commissioner of Social

Security makes a determination described in subparagraph (A)(ii)

with respect to any individual's benefit and determines that direct

payment of the benefit to the individual would cause substantial

harm to the individual, the Commissioner of Social Security may

defer (in the case of initial entitlement) or suspend (in the case

of existing entitlement) direct payment of such benefit to the

individual, until such time as the selection of a representative

payee is made pursuant to this subparagraph.

(ix)(I) Except as provided in subclause (II), any deferral or

suspension of direct payment of a benefit pursuant to clause (viii)

shall be for a period of not more than 1 month.

(II) Subclause (I) shall not apply in any case in which the

individual or eligible spouse is, as of the date of the

Commissioner's determination, legally incompetent, under the age of

15 years, or described in subparagraph (A)(ii)(II).

(x) Payment pursuant to this subparagraph of any benefits which

are deferred or suspended pending the selection of a representative

payee shall be made to the individual, or to the representative

payee upon such selection, as a single sum or over such period of

time as the Commissioner of Social Security determines is in the

best interests of the individual entitled to such benefits.

(xi) Any individual who is dissatisfied with a determination by

the Commissioner of Social Security to pay such individual's

benefits to a representative payee under this subchapter, or with

the designation of a particular person to serve as representative

payee, shall be entitled to a hearing by the Commissioner of Social

Security, and to judicial review of the Commissioner's final

decision, to the same extent as is provided in subsection (c) of

this section.

(xii) In advance of the first payment of an individual's benefit

to a representative payee under subparagraph (A)(ii), the

Commissioner of Social Security shall provide written notice of the

Commissioner's initial determination to make any such payment. Such

notice shall be provided to such individual, except that, if such

individual -

(I) is under the age of 15,

(II) is an unemancipated minor under the age of 18, or

(III) is legally incompetent,

then such notice shall be provided solely to the legal guardian or

legal representative of such individual.

(xiii) Any notice described in clause (xii) shall be clearly

written in language that is easily understandable to the reader,

shall identify the person to be designated as such individual's

representative payee, and shall explain to the reader the right

under clause (xi) of such individual or of such individual's legal

guardian or legal representative -

(I) to appeal a determination that a representative payee is

necessary for such individual,

(II) to appeal the designation of a particular person to serve

as the representative payee of such individual, and

(III) to review the evidence upon which such designation is

based and submit additional evidence.

(C)(i) In any case where payment is made under this subchapter to

a representative payee of an individual or spouse, the Commissioner

of Social Security shall establish a system of accountability

monitoring whereby such person shall report not less often than

annually with respect to the use of such payments. The Commissioner

of Social Security shall establish and implement statistically

valid procedures for reviewing such reports in order to identify

instances in which such persons are not properly using such

payments.

(ii) Clause (i) shall not apply in any case where the

representative payee is a State institution. In such cases, the

Commissioner of Social Security shall establish a system of

accountability monitoring for institutions in each State.

(iii) Clause (i) shall not apply in any case where the individual

entitled to such payment is a resident of a Federal institution and

the representative payee is the institution.

(iv) Notwithstanding clauses (i), (ii), and (iii), the

Commissioner of Social Security may require a report at any time

from any representative payee, if the Commissioner of Social

Security has reason to believe that the representative payee is

misusing such payments.

(D)(i) A qualified organization may collect from an individual a

monthly fee for expenses (including overhead) incurred by such

organization in providing services performed as such individual's

representative payee pursuant to subparagraph (A)(ii) if the fee

does not exceed the lesser of -

(I) 10 percent of the monthly benefit involved, or

(II) $25.00 per month ($50.00 per month in any case in which an

individual is described in subparagraph (A)(ii)(II)).

The Commissioner of Social Security shall adjust annually (after

1995) each dollar amount set forth in subclause (II) of this clause

under procedures providing for adjustments in the same manner and

to the same extent as adjustments are provided for under the

procedures used to adjust benefit amounts under section

415(i)(2)(A) of this title, except that any amount so adjusted that

is not a multiple of $1.00 shall be rounded to the nearest multiple

of $1.00. Any agreement providing for a fee in excess of the amount

permitted under this clause shall be void and shall be treated as

misuse by the organization of such individual's benefits.

(ii) For purposes of this subparagraph, the term "qualified

organization" means any State or local government agency whose

mission is to carry out income maintenance, social service, or

health care-related activities, any State or local government

agency with fiduciary responsibilities, or any community-based

nonprofit social service agency, which -

(I) is bonded or licensed in each State in which the agency

serves as a representative payee; and

(II) in accordance with any applicable regulations of the

Commissioner of Social Security -

(aa) regularly provides services as a representative payee

pursuant to subparagraph (A)(ii) or section 405(j)(4) or 1007

of this title concurrently to 5 or more individuals; and

(bb) demonstrates to the satisfaction of the Commissioner of

Social Security that such agency is not otherwise a creditor of

any such individual.

The Commissioner of Social Security shall prescribe regulations

under which the Commissioner of Social Security may grant an

exception from subclause (II)(bb) for any individual on a

case-by-case basis if such exception is in the best interests of

such individual.

(iii) Any qualified organization which knowingly charges or

collects, directly or indirectly, any fee in excess of the maximum

fee prescribed under clause (i) or makes any agreement, directly or

indirectly, to charge or collect any fee in excess of such maximum

fee, shall be fined in accordance with title 18, or imprisoned not

more than 6 months, or both.

(iv) In the case of an individual who is no longer eligible for

benefits under this subchapter but to whom any amount of past-due

benefits under this subchapter has not been paid, for purposes of

clause (i), any amount of such past-due benefits payable in any

month shall be treated as a monthly benefit referred to in clause

(i)(I).

(E) Restitution. - In cases where the negligent failure of the

Commissioner of Social Security to investigate or monitor a

representative payee results in misuse of benefits by the

representative payee, the Commissioner of Social Security shall

make payment to the beneficiary or the beneficiary's representative

payee of an amount equal to such misused benefits. The Commissioner

of Social Security shall make a good faith effort to obtain

restitution from the terminated representative payee.

(F)(i)(I) Each representative payee of an eligible individual

under the age of 18 who is eligible for the payment of benefits

described in subclause (II) shall establish on behalf of such

individual an account in a financial institution into which such

benefits shall be paid, and shall thereafter maintain such account

for use in accordance with clause (ii).

(II) Benefits described in this subclause are past-due monthly

benefits under this subchapter (which, for purposes of this

subclause, include State supplementary payments made by the

Commissioner pursuant to an agreement under section 1382e of this

title or section 212(b) of Public Law 93-66) in an amount (after

any withholding by the Commissioner for reimbursement to a State

for interim assistance under subsection (g) of this section) that

exceeds the product of -

(aa) 6, and

(bb) the maximum monthly benefit payable under this subchapter

to an eligible individual.

(ii)(I) A representative payee shall use funds in the account

established under clause (i) to pay for allowable expenses

described in subclause (II).

(II) An allowable expense described in this subclause is an

expense for -

(aa) education or job skills training;

(bb) personal needs assistance;

(cc) special equipment;

(dd) housing modification;

(ee) medical treatment;

(ff) therapy or rehabilitation; or

(gg) any other item or service that the Commissioner determines

to be appropriate;

provided that such expense benefits such individual and, in the

case of an expense described in item (bb), (cc), (dd), (ff), or

(gg), is related to the impairment (or combination of impairments)

of such individual.

(III) The use of funds from an account established under clause

(i) in any manner not authorized by this clause -

(aa) by a representative payee shall be considered a

misapplication of benefits for all purposes of this paragraph,

and any representative payee who knowingly misapplies benefits

from such an account shall be liable to the Commissioner in an

amount equal to the total amount of such benefits; and

(bb) by an eligible individual who is his or her own payee

shall be considered a misapplication of benefits for all purposes

of this paragraph and in any case in which the individual

knowingly misapplies benefits from such an account, the

Commissioner shall reduce future benefits payable to such

individual (or to such individual and his spouse) by an amount

equal to the total amount of such benefits so misapplied.

(IV) This clause shall continue to apply to funds in the account

after the child has reached age 18, regardless of whether benefits

are paid directly to the beneficiary or through a representative

payee.

(iii) The representative payee may deposit into the account

established under clause (i) any other funds representing past due

benefits under this subchapter to the eligible individual, provided

that the amount of such past due benefits is equal to or exceeds

the maximum monthly benefit payable under this subchapter to an

eligible individual (including State supplementary payments made by

the Commissioner pursuant to an agreement under section 1382e of

this title or section 212(b) of Public Law 93-66).

(iv) The Commissioner of Social Security shall establish a system

for accountability monitoring whereby such representative payee

shall report, at such time and in such manner as the Commissioner

shall require, on activity respecting funds in the account

established pursuant to clause (i).

(G) The Commissioner of Social Security shall include as a part

of the annual report required under section 904 (!1) of this title

information with respect to the implementation of the preceding

provisions of this paragraph, including -

(i) the number of cases in which the representative payee was

changed;

(ii) the number of cases discovered where there has been a

misuse of funds;

(iii) how any such cases were dealt with by the Commissioner of

Social Security;

(iv) the final disposition of such cases (including any

criminal penalties imposed); and

(v) such other information as the Commissioner of Social

Security determines to be appropriate.

(H) The Commissioner of Social Security shall make an initial

report to each House of the Congress on the implementation of

subparagraphs (B) and (C) within 270 days after October 9, 1984.

The Commissioner of Social Security shall include in the annual

report required under section 904 (!1) of this title, information

with respect to the implementation of subparagraphs (B) and (C),

including the same factors as are required to be included in the

Commissioner's report under section 405(j)(4)(B) of this title.

(3) The Commissioner of Social Security may by regulation

establish ranges of incomes within which a single amount of

benefits under this subchapter shall apply.

(4) The Commissioner of Social Security -

(A) may make to any individual initially applying for benefits

under this subchapter who is presumptively eligible for such

benefits for the month following the date the application is

filed and who is faced with financial emergency a cash advance

against such benefits, including any federally-administered State

supplementary payments, in an amount not exceeding the monthly

amount that would be payable to an eligible individual with no

other income for the first month of such presumptive eligibility,

which shall be repaid through proportionate reductions in such

benefits over a period of not more than 6 months; and

(B) may pay benefits under this subchapter to an individual

applying for such benefits on the basis of disability or

blindness for a period not exceeding 6 months prior to the

determination of such individual's disability or blindness, if

such individual is presumptively disabled or blind and is

determined to be otherwise eligible for such benefits, and any

benefits so paid prior to such determination shall in no event be

considered overpayments for purposes of subsection (b) of this

section solely because such individual is determined not to be

disabled or blind.

(5) Payment of the benefit of any individual who is an aged,

blind, or disabled individual solely by reason of blindness (as

determined under section 1382c(a)(2) of this title) or disability

(as determined under section 1382c(a)(3) of this title), and who

ceases to be blind or to be under such disability, shall continue

(so long as such individual is otherwise eligible) through the

second month following the month in which such blindness or

disability ceases.

(6) Notwithstanding any other provision of this subchapter,

payment of the benefit of any individual who is an aged, blind, or

disabled individual solely by reason of blindness (as determined

under section 1382c(a)(2) of this title) or disability (as

determined under section 1382c(a)(3) of this title) shall not be

terminated or suspended because the blindness or other physical or

mental impairment, on which the individual's eligibility for such

benefit is based, has or may have ceased, if -

(A) such individual is participating in a program consisting of

the Ticket to Work and Self-Sufficiency Program under section

1320b-19 of this title or another program of vocational

rehabilitation services, employment services, or other support

services approved by the Commissioner of Social Security, and

(B) the Commissioner of Social Security determines that the

completion of such program, or its continuation for a specified

period of time, will increase the likelihood that such individual

may (following his participation in such program) be permanently

removed from the blindness and disability benefit rolls.

(7)(A) In any case where -

(i) an individual is a recipient of benefits based on

disability or blindness under this subchapter,

(ii) the physical or mental impairment on the basis of which

such benefits are payable is found to have ceased, not to have

existed, or to no longer be disabling, and as a consequence such

individual is determined not to be entitled to such benefits, and

(iii) a timely request for review or for a hearing is pending

with respect to the determination that he is not so entitled,

such individual may elect (in such manner and form and within such

time as the Commissioner of Social Security shall by regulations

prescribe) to have the payment of such benefits continued for an

additional period beginning with the first month beginning after

October 9, 1984, for which (under such determination) such benefits

are no longer otherwise payable, and ending with the earlier of (I)

the month preceding the month in which a decision is made after

such a hearing, or (II) the month preceding the month in which no

such request for review or a hearing is pending.

(B)(i) If an individual elects to have the payment of his

benefits continued for an additional period under subparagraph (A),

and the final decision of the Commissioner of Social Security

affirms the determination that he is not entitled to such benefits,

any benefits paid under this subchapter pursuant to such election

(for months in such additional period) shall be considered

overpayments for all purposes of this subchapter, except as

otherwise provided in clause (ii).

(ii) If the Commissioner of Social Security determines that the

individual's appeal of his termination of benefits was made in good

faith, all of the benefits paid pursuant to such individual's

election under subparagraph (A) shall be subject to waiver

consideration under the provisions of subsection (b)(1) of this

section.

(C) The provisions of subparagraphs (A) and (B) shall apply with

respect to determinations (that individuals are not entitled to

benefits) which are made on or after October 9, 1984, or prior to

such date but only on the basis of a timely request for review or

for a hearing.

(8)(A) In any case in which an administrative law judge has

determined after a hearing as provided in subsection (c) of this

section that an individual is entitled to benefits based on

disability or blindness under this subchapter and the Commissioner

of Social Security has not issued the Commissioner's final decision

in such case within 110 days after the date of the administrative

law judge's determination, such benefits shall be currently paid

for the months during the period beginning with the month in which

such 110-day period expires and ending with the month in which such

final decision is issued.

(B) For purposes of subparagraph (A), in determining whether the

110-day period referred to in subparagraph (A) has elapsed, any

period of time for which the action or inaction of such individual

or such individual's representative without good cause results in

the delay in the issuance of the Commissioner's final decision

shall not be taken into account to the extent that such period of

time exceeds 20 calendar days.

(C) Any benefits currently paid under this subchapter pursuant to

this paragraph (for the months described in subparagraph (A)) shall

not be considered overpayments for any purposes of this subchapter,

unless payment of such benefits was fraudulently obtained.

(9) Benefits under this subchapter shall not be denied to any

individual solely by reason of the refusal of the individual to

accept an amount offered as compensation for a crime of which the

individual was a victim.

(10)(A) If an individual is eligible for past-due monthly

benefits under this subchapter in an amount that (after any

withholding for reimbursement to a State for interim assistance

under subsection (g) of this section) equals or exceeds the product

of -

(i) 12, and

(ii) the maximum monthly benefit payable under this subchapter

to an eligible individual (or, if appropriate, to an eligible

individual and eligible spouse),

then the payment of such past-due benefits (after any such

reimbursement to a State) shall be made in installments as provided

in subparagraph (B).

(B)(i) The payment of past-due benefits subject to this

subparagraph shall be made in not to exceed 3 installments that are

made at 6-month intervals.

(ii) Except as provided in clause (iii), the amount of each of

the first and second installments may not exceed an amount equal to

the product of clauses (i) and (ii) of subparagraph (A).

(iii) In the case of an individual who has -

(I) outstanding debt attributable to -

(aa) food,

(bb) clothing,

(cc) shelter, or

(dd) medically necessary services, supplies or equipment, or

medicine; or

(II) current expenses or expenses anticipated in the near term

attributable to -

(aa) medically necessary services, supplies or equipment, or

medicine, or

(bb) the purchase of a home, and

such debt or expenses are not subject to reimbursement by a public

assistance program, the Secretary under subchapter XVIII of this

chapter, a State plan approved under subchapter XIX of this

chapter, or any private entity legally liable to provide payment

pursuant to an insurance policy, pre-paid plan, or other

arrangement, the limitation specified in clause (ii) may be

exceeded by an amount equal to the total of such debt and expenses.

(C) This paragraph shall not apply to any individual who, at the

time of the Commissioner's determination that such individual is

eligible for the payment of past-due monthly benefits under this

subchapter -

(i) is afflicted with a medically determinable impairment that

is expected to result in death within 12 months; or

(ii) is ineligible for benefits under this subchapter and the

Commissioner determines that such individual is likely to remain

ineligible for the next 12 months.

(D) For purposes of this paragraph, the term "benefits under this

subchapter" includes supplementary payments pursuant to an

agreement for Federal administration under section 1382e(a) of this

title, and payments pursuant to an agreement entered into under

section 212(b) of Public Law 93-66.

(b) Overpayments and underpayments; adjustment, recovery, or

payment of amounts by Commissioner

(1)(A) Whenever the Commissioner of Social Security finds that

more or less than the correct amount of benefits has been paid with

respect to any individual, proper adjustment or recovery shall,

subject to the succeeding provisions of this subsection, be made by

appropriate adjustments in future payments to such individual or by

recovery from such individual or his eligible spouse (or from the

estate of either) or by payment to such individual or his eligible

spouse, or, if such individual is deceased, by payment -

(i) to any surviving spouse of such individual, whether or not

the individual's eligible spouse, if (within the meaning of the

first sentence of section 402(i) of this title) such surviving

husband or wife was living in the same household with the

individual at the time of his death or within the 6 months

immediately preceding the month of such death, or

(ii) if such individual was a disabled or blind child who was

living with his parent or parents at the time of his death or

within the 6 months immediately preceding the month of such

death, to such parent or parents.

(B) The Commissioner of Social Security (i) shall make such

provision as the Commissioner finds appropriate in the case of

payment of more than the correct amount of benefits with respect to

an individual with a view to avoiding penalizing such individual or

his eligible spouse who was without fault in connection with the

overpayment, if adjustment or recovery on account of such

overpayment in such case would defeat the purposes of this

subchapter, or be against equity and good conscience, or (because

of the small amount involved) impede efficient or effective

administration of this subchapter, and (ii) shall in any event make

the adjustment or recovery (in the case of payment of more than the

correct amount of benefits), in the case of an individual or

eligible spouse receiving monthly benefit payments under this

subchapter (including supplementary payments of the type described

in section 1382e(a) of this title and payments pursuant to an

agreement entered into under section 212(a) of Public Law 93-66),

in amounts which in the aggregate do not exceed (for any month) the

lesser of (I) the amount of his or their benefit under this

subchapter for that month or (II) an amount equal to 10 percent of

his or their income for that month (including such benefit but

excluding any other income excluded pursuant to section 1382a(b) of

this title), and in the case of an individual or eligible spouse to

whom a lump sum is payable under this subchapter (including under

section 1382e(a) of this title or under an agreement entered into

under section 212(a) of Public Law 93-66) shall, as at least one

means of recovering such overpayment, make the adjustment or

recovery from the lump sum payment in an amount equal to not less

than the lesser of the amount of the overpayment or 50 percent of

the lump sum payment, unless fraud, willful misrepresentation, or

concealment of material information was involved on the part of the

individual or spouse in connection with the overpayment, or unless

the individual requests that such adjustment or recovery be made at

a higher or lower rate and the Commissioner of Social Security

determines that adjustment or recovery at such rate is justified

and appropriate. The availability (in the case of an individual who

has been paid more than the correct amount of benefits) of

procedures for adjustment or recovery at a limited rate under

clause (ii) of the preceding sentence shall not, in and of itself,

prevent or restrict the provision (in such case) of more

substantial relief under clause (i) of such sentence.

(2) Notwithstanding any other provision of this section, when any

payment of more than the correct amount is made to or on behalf of

an individual who has died, and such payment -

(A) is made by direct deposit to a financial institution;

(B) is credited by the financial institution to a joint account

of the deceased individual and another person; and

(C) such other person is the surviving spouse of the deceased

individual, and was eligible for a payment under this subchapter

(including any State supplementation payment paid by the

Commissioner of Social Security) as an eligible spouse (or as

either member of an eligible couple) for the month in which the

deceased individual died,

the amount of such payment in excess of the correct amount shall be

treated as a payment of more than the correct amount to such other

person. If any payment of more than the correct amount is made to a

representative payee on behalf of an individual after the

individual's death, the representative payee shall be liable for

the repayment of the overpayment, and the Commissioner of Social

Security shall establish an overpayment control record under the

social security account number of the representative payee.

(3) If any overpayment with respect to an individual (or an

individual and his or her spouse) is attributable solely to the

ownership or possession by such individual (and spouse if any) of

resources having a value which exceeds the applicable dollar figure

specified in paragraph (1)(B) or (2)(B) of section 1382(a) of this

title by $50 or less, such individual (and spouse if any) shall be

deemed for purposes of the second sentence of paragraph (1) to have

been without fault in connection with the overpayment, and no

adjustment or recovery shall be made under the first sentence of

such paragraph, unless the Commissioner of Social Security finds

that the failure of such individual (and spouse if any) to report

such value correctly and in a timely manner was knowing and

willful.

(4)(A) With respect to any delinquent amount, the Commissioner of

Social Security may use the collection practices described in

sections 3711(f), 3716, 3717, and 3718 of title 31 and in section

5514 of title 5, all as in effect immediately after April 26, 1996.

(B) For purposes of subparagraph (A), the term "delinquent

amount" means an amount -

(i) in excess of the correct amount of payment under this

subchapter;

(ii) paid to a person after such person has attained 18 years

of age; and

(iii) determined by the Commissioner of Social Security, under

regulations, to be otherwise unrecoverable under this section

after such person ceases to be a beneficiary under this

subchapter.

(5) For payments for which adjustments are made by reason of a

retroactive payment of benefits under subchapter II of this

chapter, see section 1320a-6 of this title.

(6) For provisions relating to the recovery of benefits

incorrectly paid under this subchapter from benefits payable under

subchapter II of this chapter, see section 1320b-17 of this title.

(c) Hearing to determine eligibility or amount of benefits;

subsequent application; time within which to request hearing;

time for determinations of Commissioner pursuant to hearing;

judicial review

(1)(A) The Commissioner of Social Security is directed to make

findings of fact, and decisions as to the rights of any individual

applying for payment under this subchapter. Any such decision by

the Commissioner of Social Security which involves a determination

of disability and which is in whole or in part unfavorable to such

individual shall contain a statement of the case, in understandable

language, setting forth a discussion of the evidence, and stating

the Commissioner's determination and the reason or reasons upon

which it is based. The Commissioner of Social Security shall

provide reasonable notice and opportunity for a hearing to any

individual who is or claims to be an eligible individual or

eligible spouse and is in disagreement with any determination under

this subchapter with respect to eligibility of such individual for

benefits, or the amount of such individual's benefits, if such

individual requests a hearing on the matter in disagreement within

sixty days after notice of such determination is received, and, if

a hearing is held, shall, on the basis of evidence adduced at the

hearing affirm, modify, or reverse the Commissioner's findings of

fact and such decision. The Commissioner of Social Security is

further authorized, on the Commissioner's own motion, to hold such

hearings and to conduct such investigations and other proceedings

as the Commissioner may deem necessary or proper for the

administration of this subchapter. In the course of any hearing,

investigation, or other proceeding, the Commissioner may administer

oaths and affirmations, examine witnesses, and receive evidence.

Evidence may be received at any hearing before the Commissioner of

Social Security even though inadmissible under the rules of

evidence applicable to court procedure. The Commissioner of Social

Security shall specifically take into account any physical, mental,

educational, or linguistic limitation of such individual (including

any lack of facility with the English language) in determining,

with respect to the eligibility of such individual for benefits

under this subchapter, whether such individual acted in good faith

or was at fault, and in determining fraud, deception, or intent.

(B)(i) A failure to timely request review of an initial adverse

determination with respect to an application for any payment under

this subchapter or an adverse determination on reconsideration of

such an initial determination shall not serve as a basis for denial

of a subsequent application for any payment under this subchapter

if the applicant demonstrates that the applicant, or any other

individual referred to in subparagraph (A), failed to so request

such a review acting in good faith reliance upon incorrect,

incomplete, or misleading information, relating to the consequences

of reapplying for payments in lieu of seeking review of an adverse

determination, provided by any officer or employee of the Social

Security Administration or any State agency acting under section

421 of this title.

(ii) In any notice of an adverse determination with respect to

which a review may be requested under subparagraph (A), the

Commissioner of Social Security shall describe in clear and

specific language the effect on possible eligibility to receive

payments under this subchapter of choosing to reapply in lieu of

requesting review of the determination.

(2) Determination on the basis of such hearing, except to the

extent that the matter in disagreement involves a disability

(within the meaning of section 1382c(a)(3) of this title), shall be

made within ninety days after the individual requests the hearing

as provided in paragraph (1).

(3) The final determination of the Commissioner of Social

Security after a hearing under paragraph (1) shall be subject to

judicial review as provided in section 405(g) of this title to the

same extent as the Commissioner's final determinations under

section 405 of this title.

(d) Procedures applicable; prohibition on assignment of payments;

representation of claimants; maximum fees; penalties for

violations

(1) The provisions of section 407 of this title and subsections

(a), (d), and (e) of section 405 of this title shall apply with

respect to this part to the same extent as they apply in the case

of subchapter II of this chapter.

(2)(A) The provisions of section 406(a) of this title (other than

paragraph (4) thereof) shall apply to this part to the same extent

as they apply in the case of subchapter II of this chapter, except

that paragraph (2) thereof shall be applied -

(i) by substituting, in subparagraphs (A)(ii)(I) and (C)(i),

the phrase "(as determined before any applicable reduction under

section 1383(g) of this title, and reduced by the amount of any

reduction in benefits under this subchapter or subchapter II of

this chapter made pursuant to section 1320a-6(a) of this title)"

for the parenthetical phrase contained therein; and

(ii) by substituting "section 1383(a)(7)(A) of this title or

the requirements of due process of law" for "subsection (g) or

(h) of section 423 of this title".

(B) The Commissioner of Social Security shall notify each

claimant in writing, together with the notice to such claimant of

an adverse determination, of the options for obtaining attorneys to

represent individuals in presenting their cases before the

Commissioner of Social Security. Such notification shall also

advise the claimant of the availability to qualifying claimants of

legal services organizations which provide legal services free of

charge.

(e) Administrative requirements prescribed by Commissioner;

criteria; reduction of benefits to individual for noncompliance

with requirements; payment to homeless

(1)(A) The Commissioner of Social Security shall, subject to

subparagraph (B) and subsection (j) of this section, prescribe such

requirements with respect to the filing of applications, the

suspension or termination of assistance, the furnishing of other

data and material, and the reporting of events and changes in

circumstances, as may be necessary for the effective and efficient

administration of this subchapter.

(B)(i) The requirements prescribed by the Commissioner of Social

Security pursuant to subparagraph (A) shall require that

eligibility for benefits under this subchapter will not be

determined solely on the basis of declarations by the applicant

concerning eligibility factors or other relevant facts, and that

relevant information will be verified from independent or

collateral sources and additional information obtained as necessary

in order to assure that such benefits are only provided to eligible

individuals (or eligible spouses) and that the amounts of such

benefits are correct. For this purpose and for purposes of

federally administered supplementary payments of the type described

in section 1382e(a) of this title (including payments pursuant to

an agreement entered into under section 212(a) of Public Law

93-66), the Commissioner of Social Security shall, as may be

necessary, request and utilize information available pursuant to

section 6103(l)(7) of the Internal Revenue Code of 1986, and any

information which may be available from State systems under section

1320b-7 of this title, and shall comply with the requirements

applicable to States (with respect to information available

pursuant to section 6103(l)(7)(B) of such Code) under subsections

(a)(6) and (c) of such section 1320b-7 of this title.

(ii)(I) The Commissioner of Social Security may require each

applicant for, or recipient of, benefits under this subchapter to

provide authorization by the applicant or recipient (or by any

other person whose income or resources are material to the

determination of the eligibility of the applicant or recipient for

such benefits) for the Commissioner to obtain (subject to the cost

reimbursement requirements of section 1115(a) of the Right to

Financial Privacy Act [12 U.S.C. 3415]) from any financial

institution (within the meaning of section 1101(1) of such Act [12

U.S.C. 3401(1)]) any financial record (within the meaning of

section 1101(2) of such Act [12 U.S.C. 3401(2)]) held by the

institution with respect to the applicant or recipient (or any such

other person) whenever the Commissioner determines the record is

needed in connection with a determination with respect to such

eligibility or the amount of such benefits.

(II) Notwithstanding section 1104(a)(1) of the Right to Financial

Privacy Act [12 U.S.C. 3404(a)(1)], an authorization provided by an

applicant or recipient (or any other person whose income or

resources are material to the determination of the eligibility of

the applicant or recipient) pursuant to subclause (I) of this

clause shall remain effective until the earliest of -

(aa) the rendering of a final adverse decision on the

applicant's application for eligibility for benefits under this

subchapter;

(bb) the cessation of the recipient's eligibility for benefits

under this subchapter; or

(cc) the express revocation by the applicant or recipient (or

such other person referred to in subclause (I)) of the

authorization, in a written notification to the Commissioner.

(III)(aa) An authorization obtained by the Commissioner of Social

Security pursuant to this clause shall be considered to meet the

requirements of the Right to Financial Privacy Act [12 U.S.C. 3401

et seq.] for purposes of section 1103(a) of such Act [12 U.S.C.

3403(a)], and need not be furnished to the financial institution,

notwithstanding section 1104(a) of such Act [12 U.S.C. 3404(a)].

(bb) The certification requirements of section 1103(b) of the

Right to Financial Privacy Act [12 U.S.C. 3403(b)] shall not apply

to requests by the Commissioner of Social Security pursuant to an

authorization provided under this clause.

(cc) A request by the Commissioner pursuant to an authorization

provided under this clause is deemed to meet the requirements of

section 1104(a)(3) of the Right to Financial Privacy Act [12 U.S.C.

3404(a)(3)] and the flush language of section 1102 of such Act [12

U.S.C. 3402].

(IV) The Commissioner shall inform any person who provides

authorization pursuant to this clause of the duration and scope of

the authorization.

(V) If an applicant for, or recipient of, benefits under this

subchapter (or any such other person referred to in subclause (I))

refuses to provide, or revokes, any authorization made by the

applicant or recipient for the Commissioner of Social Security to

obtain from any financial institution any financial record, the

Commissioner may, on that basis, determine that the applicant or

recipient is ineligible for benefits under this subchapter.

(C) For purposes of making determinations under section 1382(e)

of this title, the requirements prescribed by the Commissioner of

Social Security pursuant to subparagraph (A) of this paragraph

shall require each administrator of a nursing home, extended care

facility, or intermediate care facility, within 2 weeks after the

admission of any eligible individual or eligible spouse receiving

benefits under this subchapter, to transmit to the Commissioner a

report of the admission.

(2) In case of the failure by any individual to submit a report

of events and changes in circumstances relevant to eligibility for

or amount of benefits under this subchapter as required by the

Commissioner of Social Security under paragraph (1), or delay by

any individual in submitting a report as so required, the

Commissioner of Social Security (in addition to taking any other

action the Commissioner may consider appropriate under paragraph

(1)) shall reduce any benefits which may subsequently become

payable to such individual under this subchapter by -

(A) $25 in the case of the first such failure or delay,

(B) $50 in the case of the second such failure or delay, and

(C) $100 in the case of the third or a subsequent such failure

or delay,

except where the individual was without fault or good cause for

such failure or delay existed.

(3) The Commissioner of Social Security shall provide a method of

making payments under this subchapter to an eligible individual who

does not reside in a permanent dwelling or does not have a fixed

home or mailing address.

(4) A translation into English by a third party of a statement

made in a foreign language by an applicant for or recipient of

benefits under this subchapter shall not be regarded as reliable

for any purpose under this subchapter unless the third party, under

penalty of perjury -

(A) certifies that the translation is accurate; and

(B) discloses the nature and scope of the relationship between

the third party and the applicant or recipient, as the case may

be.

(5) In any case in which it is determined to the satisfaction of

the Commissioner of Social Security that an individual failed as of

any date to apply for benefits under this subchapter by reason of

misinformation provided to such individual by any officer or

employee of the Social Security Administration relating to such

individual's eligibility for benefits under this subchapter, such

individual shall be deemed to have applied for such benefits on the

later of -

(A) the date on which such misinformation was provided to such

individual, or

(B) the date on which such individual met all requirements for

entitlement to such benefits (other than application therefor).

(6) In any case in which an individual visits a field office of

the Social Security Administration and represents during the visit

to an officer or employee of the Social Security Administration in

the office that the individual's visit is occasioned by -

(A) the receipt of a notice from the Social Security

Administration indicating a time limit for response by the

individual, or

(B) the theft, loss, or nonreceipt of a benefit payment under

this subchapter,

the Commissioner of Social Security shall ensure that the

individual is granted a face-to-face interview at the office with

an officer or employee of the Social Security Administration before

the close of business on the day of the visit.

(7)(A)(i) The Commissioner of Social Security shall immediately

redetermine the eligibility of an individual for benefits under

this subchapter if there is reason to believe that fraud or similar

fault was involved in the application of the individual for such

benefits, unless a United States attorney, or equivalent State

prosecutor, with jurisdiction over potential or actual related

criminal cases, certifies, in writing, that there is a substantial

risk that such action by the Commissioner of Social Security with

regard to recipients in a particular investigation would jeopardize

the criminal prosecution of a person involved in a suspected fraud.

(ii) When redetermining the eligibility, or making an initial

determination of eligibility, of an individual for benefits under

this subchapter, the Commissioner of Social Security shall

disregard any evidence if there is reason to believe that fraud or

similar fault was involved in the providing of such evidence.

(B) For purposes of subparagraph (A), similar fault is involved

with respect to a determination if -

(i) an incorrect or incomplete statement that is material to

the determination is knowingly made; or

(ii) information that is material to the determination is

knowingly concealed.

(C) If, after redetermining the eligibility of an individual for

benefits under this subchapter, the Commissioner of Social Security

determines that there is insufficient evidence to support such

eligibility, the Commissioner of Social Security may terminate such

eligibility and may treat benefits paid on the basis of such

insufficient evidence as overpayments.

(8)(A) The Commissioner of Social Security shall request the

Immigration and Naturalization Service or the Centers for Disease

Control to provide the Commissioner of Social Security with

whatever medical information, identification information, and

employment history either such entity has with respect to any alien

who has applied for benefits under this subchapter to the extent

that the information is relevant to any determination relating to

eligibility for such benefits under this subchapter.

(B) Subparagraph (A) shall not be construed to prevent the

Commissioner of Social Security from adjudicating the case before

receiving such information.

(9) Notwithstanding any other provision of law, the Commissioner

shall, at least 4 times annually and upon request of the

Immigration and Naturalization Service (hereafter in this paragraph

referred to as the "Service"), furnish the Service with the name

and address of, and other identifying information on, any

individual who the Commissioner knows is not lawfully present in

the United States, and shall ensure that each agreement entered

into under section 1382e(a) of this title with a State provides

that the State shall furnish such information at such times with

respect to any individual who the State knows is not lawfully

present in the United States.

(f) Furnishing of information by Federal agencies

The head of any Federal agency shall provide such information as

the Commissioner of Social Security needs for purposes of

determining eligibility for or amount of benefits, or verifying

other information with respect thereto.

(g) Reimbursement to States for interim assistance payments

(1) Notwithstanding subsection (d)(1) of this section and

subsection (b) of this section as it relates to the payment of less

than the correct amount of benefits, the Commissioner of Social

Security may, upon written authorization by an individual, withhold

benefits due with respect to that individual and may pay to a State

(or a political subdivision thereof if agreed to by the

Commissioner of Social Security and the State) from the benefits

withheld an amount sufficient to reimburse the State (or political

subdivision) for interim assistance furnished on behalf of the

individual by the State (or political subdivision).

(2) For purposes of this subsection, the term "benefits" with

respect to any individual means supplemental security income

benefits under this subchapter, and any State supplementary

payments under section 1382e of this title or under section 212 of

Public Law 93-66 which the Commissioner of Social Security makes on

behalf of a State (or political subdivision thereof), that the

Commissioner of Social Security has determined to be due with

respect to the individual at the time the Commissioner of Social

Security makes the first payment of benefits with respect to the

period described in clause (A) or (B) of paragraph (3). A cash

advance made pursuant to subsection (a)(4)(A) of this section shall

not be considered as the first payment of benefits for purposes of

the preceding sentence.

(3) For purposes of this subsection, the term "interim

assistance" with respect to any individual means assistance

financed from State or local funds and furnished for meeting basic

needs (A) during the period, beginning with the month following the

month in which the individual filed an application for benefits (as

defined in paragraph (2)), for which he was eligible for such

benefits, or (B) during the period beginning with the first month

for which the individual's benefits (as defined in paragraph (2))

have been terminated or suspended if the individual was

subsequently found to have been eligible for such benefits.

(4) In order for a State to receive reimbursement under the

provisions of paragraph (1), the State shall have in effect an

agreement with the Commissioner of Social Security which shall

provide -

(A) that if the Commissioner of Social Security makes payment

to the State (or a political subdivision of the State as provided

for under the agreement) in reimbursement for interim assistance

(as defined in paragraph (3)) for any individual in an amount

greater than the reimbursable amount authorized by paragraph (1),

the State (or political subdivision) shall pay to the individual

the balance of such payment in excess of the reimbursable amount

as expeditiously as possible, but in any event within ten working

days or a shorter period specified in the agreement; and

(B) that the State will comply with such other rules as the

Commissioner of Social Security finds necessary to achieve

efficient and effective administration of this subsection and to

carry out the purposes of the program established by this

subchapter, including protection of hearing rights for any

individual aggrieved by action taken by the State (or political

subdivision) pursuant to this subsection.

(5) The provisions of subsection (c) of this section shall not be

applicable to any disagreement concerning payment by the

Commissioner of Social Security to a State pursuant to the

preceding provisions of this subsection nor the amount retained by

the State (or political subdivision).

(h) Payment of certain travel expenses

The Commissioner of Social Security shall pay travel expenses,

either on an actual cost or commuted basis, to individuals for

travel incident to medical examinations requested by the

Commissioner of Social Security in connection with disability

determinations under this subchapter, and to parties, their

representatives, and all reasonably necessary witnesses for travel

within the United States (as defined in section 1382c(e) of this

title) to attend reconsideration interviews and proceedings before

administrative law judges with respect to any determination under

this subchapter. The amount available under the preceding sentence

for payment for air travel by any person shall not exceed the coach

fare for air travel between the points involved unless the use of

first-class accommodations is required (as determined under

regulations of the Commissioner of Social Security) because of such

person's health condition or the unavailability of alternative

accommodations; and the amount available for payment for other

travel by any person shall not exceed the cost of travel (between

the points involved) by the most economical and expeditious means

of transportation appropriate to such person's health condition, as

specified in such regulations. The amount available for payment

under this subsection for travel by a representative to attend an

administrative proceeding before an administrative law judge or

other adjudicator shall not exceed the maximum amount allowable

under this subsection for such travel originating within the

geographic area of the office having jurisdiction over such

proceeding.

(i) Unnegotiated checks; notice to Commissioner; payment to States;

notice to States; investigation of payees

(1) The Secretary of the Treasury shall, on a monthly basis,

notify the Commissioner of Social Security of all benefit checks

issued under this subchapter which include amounts representing

State supplementary payments as described in paragraph (2) and

which have not been presented for payment within one hundred and

eighty days after the day on which they were issued.

(2) The Commissioner of Social Security shall from time to time

determine the amount representing the total of the State

supplementary payments made pursuant to agreements under section

1382e(a) of this title and under section 212(b) of Public Law 93-66

which is included in all such benefit checks not presented for

payment within one hundred and eighty days after the day on which

they were issued, and shall pay each State (or credit each State

with) an amount equal to that State's share of all such amount.

Amounts not paid to the States shall be returned to the

appropriation from which they were originally paid.

(3) The Commissioner of Social Security, upon notice from the

Secretary of the Treasury under paragraph (1), shall notify any

State having an agreement described in paragraph (2) of all such

benefit checks issued under that State's agreement which were not

presented for payment within one hundred and eighty days after the

day on which they were issued.

(4) The Commissioner of Social Security shall, to the maximum

extent feasible, investigate the whereabouts and eligibility of the

individuals whose benefit checks were not presented for payment

within one hundred and eighty days after the day on which they were

issued.

(j) Application and review requirements for certain individuals

(1) Notwithstanding any provision of section 1382 or 1382h of

this title, any individual who -

(A) was an eligible individual (or eligible spouse) under

section 1382 of this title or was eligible for benefits under or

pursuant to section 1382h of this title, and

(B) who, after such eligibility, is ineligible for benefits

under or pursuant to both such sections for a period of 12

consecutive months,

may not thereafter become eligible for benefits under or pursuant

to either such section until the individual has reapplied for

benefits under section 1382 of this title and been determined to be

eligible for benefits under such section, or has filed a request

for reinstatement of eligibility under subsection (p)(2) of this

section and been determined to be eligible for reinstatement.

(2)(A) Notwithstanding any provision of section 1382 of this

title or section 1382h of this title (other than subsection (c)

thereof), any individual who was eligible for benefits pursuant to

section 1382h(b) of this title, and who -

(i)(I) on the basis of the same impairment on which his or her

eligibility under such section 1382h(b) of this title was based

becomes eligible (other than pursuant to a request for

reinstatement under subsection (p) of this section) for benefits

under section 1382 or 1382h(a) of this title for a month that

follows a period during which the individual was ineligible for

benefits under sections 1382 and 1382h(a) of this title, and

(II) has earned income (other than income excluded pursuant to

section 1382a(b) of this title) for any month in the 12-month

period preceding such month that is equal to or in excess of the

amount that would cause him or her to be ineligible for payments

under section 1382(b) of this title for that month (if he or she

were otherwise eligible for such payments); or

(ii)(I) on the basis of the same impairment on which his or her

eligibility under such section 1382h(b) of this title was based

becomes eligible under section 1382h(b) of this title for a month

that follows a period during which the individual was ineligible

under section 1382 of this title and section 1382h of this title,

and

(II) has earned income (other than income excluded pursuant to

section 1382a(b) of this title) for such month or for any month

in the 12-month period preceding such month that is equal to or

in excess of the amount that would cause him or her to be

ineligible for payments under section 1382(b) of this title for

that month (if he or she were otherwise eligible for such

payments);

shall, upon becoming eligible (as described in clause (i)(I) or

(ii)(I)), be subject to a prompt review of the type described in

section 1382c(a)(4) of this title.

(B) If the Commissioner of Social Security determines pursuant to

a review required by subparagraph (A) that the impairment upon

which the eligibility of an individual is based has ceased, does

not exist, or is not disabling, such individual may not thereafter

become eligible for a benefit under or pursuant to section 1382 of

this title or section 1382h of this title until the individual has

reapplied for benefits under section 1382 of this title and been

determined to be eligible for benefits under such section.

(k) Notifications to applicants and recipients

The Commissioner of Social Security shall notify an individual

receiving benefits under section 1382 of this title on the basis of

disability or blindness of his or her potential eligibility for

benefits under or pursuant to section 1382h of this title -

(1) at the time of the initial award of benefits to the

individual under section 1382 of this title (if the individual

has attained the age of 18 at the time of such initial award),

and

(2) at the earliest time after an initial award of benefits to

an individual under section 1382 of this title that the

individual's earned income for a month (other than income

excluded pursuant to section 1382a(b) of this title) is $200 or

more, and periodically thereafter so long as such individual has

earned income (other than income so excluded) of $200 or more per

month.

(l) Special notice to blind individuals with respect to hearings

and other official actions

(1) In any case where an individual who is applying for or

receiving benefits under this subchapter on the basis of blindness

is entitled (under subsection (c) of this section or otherwise) to

receive notice from the Commissioner of Social Security of any

decision or determination made or other action taken or proposed to

be taken with respect to his or her rights under this subchapter,

such individual shall at his or her election be entitled either (A)

to receive a supplementary notice of such decision, determination,

or action, by telephone, within 5 working days after the initial

notice is mailed, (B) to receive the initial notice in the form of

a certified letter, or (C) to receive notification by some

alternative procedure established by the Commissioner of Social

Security and agreed to by the individual.

(2) The election under paragraph (1) may be made at any time; but

an opportunity to make such an election shall in any event be given

(A) to every individual who is an applicant for benefits under this

subchapter on the basis of blindness, at the time of his or her

application, and (B) to every individual who is a recipient of such

benefits on the basis of blindness, at the time of each

redetermination of his or her eligibility. Such an election, once

made by an individual, shall apply with respect to all notices of

decisions, determinations, and actions which such individual may

thereafter be entitled to receive under this subchapter until such

time as it is revoked or changed.

(m) Pre-release procedures for institutionalized persons

The Commissioner of Social Security shall develop a system under

which an individual can apply for supplemental security income

benefits under this subchapter prior to the discharge or release of

the individual from a public institution.

(n) Concurrent SSI and food stamp applications by institutionalized

individuals

The Commissioner of Social Security and the Secretary of

Agriculture shall develop a procedure under which an individual who

applies for supplemental security income benefits under this

subchapter shall also be permitted to apply at the same time for

participation in the food stamp program authorized under the Food

Stamp Act of 1977 (7 U.S.C. 2011 et seq.).

(o) Notice requirements

The Commissioner of Social Security shall take such actions as

are necessary to ensure that any notice to one or more individuals

issued pursuant to this subchapter by the Commissioner of Social

Security or by a State agency -

(1) is written in simple and clear language, and

(2) includes the address and telephone number of the local

office of the Social Security Administration which serves the

recipient.

In the case of any such notice which is not generated by a local

servicing office, the requirements of paragraph (2) shall be

treated as satisfied if such notice includes the address of the

local office of the Social Security Administration which services

the recipient of the notice and a telephone number through which

such office can be reached.

(p) Reinstatement of eligibility on the basis of blindness or

disability

(1)(A) Eligibility for benefits under this subchapter shall be

reinstated in any case where the Commissioner determines that an

individual described in subparagraph (B) has filed a request for

reinstatement meeting the requirements of paragraph (2)(A) during

the period prescribed in subparagraph (C). Reinstatement of

eligibility shall be in accordance with the terms of this

subsection.

(B) An individual is described in this subparagraph if -

(i) prior to the month in which the individual files a request

for reinstatement -

(I) the individual was eligible for benefits under this

subchapter on the basis of blindness or disability pursuant to

an application filed therefor; and

(II) the individual thereafter was ineligible for such

benefits due to earned income (or earned and unearned income)

for a period of 12 or more consecutive months;

(ii) the individual is blind or disabled and the physical or

mental impairment that is the basis for the finding of blindness

or disability is the same as (or related to) the physical or

mental impairment that was the basis for the finding of blindness

or disability that gave rise to the eligibility described in

clause (i);

(iii) the individual's blindness or disability renders the

individual unable to perform substantial gainful activity; and

(iv) the individual satisfies the nonmedical requirements for

eligibility for benefits under this subchapter.

(C)(i) Except as provided in clause (ii), the period prescribed

in this subparagraph with respect to an individual is 60

consecutive months beginning with the month following the most

recent month for which the individual was eligible for a benefit

under this subchapter (including section 1382h of this title) prior

to the period of ineligibility described in subparagraph

(B)(i)(II).

(ii) In the case of an individual who fails to file a

reinstatement request within the period prescribed in clause (i),

the Commissioner may extend the period if the Commissioner

determines that the individual had good cause for the failure to so

file.

(2)(A)(i) A request for reinstatement shall be filed in such

form, and containing such information, as the Commissioner may

prescribe.

(ii) A request for reinstatement shall include express

declarations by the individual that the individual meets the

requirements specified in clauses (ii) through (iv) of paragraph

(1)(B).

(B) A request for reinstatement filed in accordance with

subparagraph (A) may constitute an application for benefits in the

case of any individual who the Commissioner determines is not

eligible for reinstated benefits under this subsection.

(3) In determining whether an individual meets the requirements

of paragraph (1)(B)(ii), the provisions of section 1382c(a)(4) of

this title shall apply.

(4)(A) Eligibility for benefits reinstated under this subsection

shall commence with the benefit payable for the month following the

month in which a request for reinstatement is filed.

(B)(i) Subject to clause (ii), the amount of the benefit payable

for any month pursuant to the reinstatement of eligibility under

this subsection shall be determined in accordance with the

provisions of this subchapter.

(ii) The benefit under this subchapter payable for any month

pursuant to a request for reinstatement filed in accordance with

paragraph (2) shall be reduced by the amount of any provisional

benefit paid to such individual for such month under paragraph (7).

(C) Except as otherwise provided in this subsection, eligibility

for benefits under this subchapter reinstated pursuant to a request

filed under paragraph (2) shall be subject to the same terms and

conditions as eligibility established pursuant to an application

filed therefor.

(5) Whenever an individual's eligibility for benefits under this

subchapter is reinstated under this subsection, eligibility for

such benefits shall be reinstated with respect to the individual's

spouse if such spouse was previously an eligible spouse of the

individual under this subchapter and the Commissioner determines

that such spouse satisfies all the requirements for eligibility for

such benefits except requirements related to the filing of an

application. The provisions of paragraph (4) shall apply to the

reinstated eligibility of the spouse to the same extent that they

apply to the reinstated eligibility of such individual.

(6) An individual to whom benefits are payable under this

subchapter pursuant to a reinstatement of eligibility under this

subsection for twenty-four months (whether or not consecutive)

shall, with respect to benefits so payable after such twenty-fourth

month, be deemed for purposes of paragraph (1)(B)(i)(I) to be

eligible for such benefits on the basis of an application filed

therefor.

(7)(A) An individual described in paragraph (1)(B) who files a

request for reinstatement in accordance with the provisions of

paragraph (2)(A) shall be eligible for provisional benefits payable

in accordance with this paragraph, unless the Commissioner

determines that the individual does not meet the requirements of

paragraph (1)(B)(i) or that the individual's declaration under

paragraph (2)(A)(ii) is false. Any such determination by the

Commissioner shall be final and not subject to review under

paragraph (1) or (3) of subsection (c) of this section.

(B)(i) Except as otherwise provided in clause (ii), the amount of

a provisional benefit for a month shall equal the amount of the

monthly benefit that would be payable to an eligible individual

under this subchapter with the same kind and amount of income.

(ii) If the individual has a spouse who was previously an

eligible spouse of the individual under this subchapter and the

Commissioner determines that such spouse satisfies all the

requirements of section 1382c(b) of this title except requirements

related to the filing of an application, the amount of a

provisional benefit for a month shall equal the amount of the

monthly benefit that would be payable to an eligible individual and

eligible spouse under this subchapter with the same kind and amount

of income.

(C)(i) Provisional benefits shall begin with the month following

the month in which a request for reinstatement is filed in

accordance with paragraph (2)(A).

(ii) Provisional benefits shall end with the earliest of -

(I) the month in which the Commissioner makes a determination

regarding the individual's eligibility for reinstated benefits;

(II) the fifth month following the month for which provisional

benefits are first payable under clause (i); or

(III) the month in which the Commissioner determines that the

individual does not meet the requirements of paragraph (1)(B)(i)

or that the individual's declaration made in accordance with

paragraph (2)(A)(ii) is false.

(D) In any case in which the Commissioner determines that an

individual is not eligible for reinstated benefits, any provisional

benefits paid to the individual under this paragraph shall not be

subject to recovery as an overpayment unless the Commissioner

determines that the individual knew or should have known that the

individual did not meet the requirements of paragraph (1)(B).

(8) For purposes of this subsection other than paragraph (7), the

term "benefits under this subchapter" includes State supplementary

payments made pursuant to an agreement under section 1382e(a) of

this title or section 212(b) of Public Law 93-66.

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1631, as added Pub. L.

92-603, title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1475; amended

Pub. L. 93-233, Sec. 18(g), Dec. 31, 1973, 87 Stat. 969; Pub. L.

93-368, Sec. 5, Aug. 7, 1974, 88 Stat. 420; Pub. L. 94-202, Secs.

1, 2, Jan. 2, 1976, 89 Stat. 1135; Pub. L. 94-365, Sec. 1, July 14,

1976, 90 Stat. 990; Pub. L. 94-569, Sec. 4(a), Oct. 20, 1976, 90

Stat. 2700; Pub. L. 96-222, title I, Sec. 101(a)(2)(C), Apr. 1,

1980, 94 Stat. 195; Pub. L. 96-265, title III, Secs. 301(b),

305(b), 310(b), title V, Sec. 501(c), June 9, 1980, 94 Stat. 450,

457, 459, 470; Pub. L. 96-473, Sec. 6(h), Oct. 19, 1980, 94 Stat.

2266; Pub. L. 97-35, title XXIII, Sec. 2343(a), Aug. 13, 1981, 95

Stat. 866; Pub. L. 97-248, title I, Sec. 187(a), Sept. 3, 1982, 96

Stat. 407; Pub. L. 98-369, div. B, title VI, Secs. 2612(a), 2613,

2651(j), 2663(g)(11), (12), July 18, 1984, 98 Stat. 1131, 1150,

1169; Pub. L. 98-460, Secs. 7(b), 16(b), Oct. 9, 1984, 98 Stat.

1803, 1809; Pub. L. 99-272, title XII, Sec. 12113(b), Apr. 7, 1986,

100 Stat. 288; Pub. L. 99-514, Sec. 2, title XVIII, Sec.

1883(d)(1), Oct. 22, 1986, 100 Stat. 2095, 2918; Pub. L. 99-570,

title XI, Secs. 11005(a), 11006, Oct. 27, 1986, 100 Stat. 3207-169;

Pub. L. 99-643, Secs. 4(c)(1), (d)(3)(B), 5, 8(a), Nov. 10, 1986,

100 Stat. 3576-3579; Pub. L. 100-203, title IX, Secs. 9109(a),

9110(a), (b), 9111(a)(1), 9112(a), 9123, Dec. 22, 1987, 101 Stat.

1330-302 to 1330-304, 1330-313; Pub. L. 100-647, title VIII, Sec.

8001(b), Nov. 10, 1988, 102 Stat. 3779; Pub. L. 101-239, title X,

Secs. 10302(b)(1), 10303(b), 10305(e), 10307(a)(2), (b)(2), Dec.

19, 1989, 103 Stat. 2482, 2483, 2485; Pub. L. 101-508, title V,

Secs. 5031(c), 5038(a), 5039(b), 5040, 5105(a)(1)(B), (2)(A)(ii),

(3)(A)(ii), (c)(2), (d)(1)(B), 5106(a)(2), (c), 5107(a)(2),

5109(a)(2), 5113(b), Nov. 5, 1990, 104 Stat. 1388-224, 1388-226,

1388-227, 1388-255, 1388-258, 1388-261, 1388-265, 1388-266,

1388-268, 1388-269, 1388-271, 1388-273; Pub. L. 103-296, title I,

Sec. 107(a)(4), title II, Secs. 201(b)(1)(A), (B), (2)(A), (B),

206(a)(2), (d)(2), (f)(1), title III, Sec. 321(f)(2)(B), (3)(A),

(h)(1), Aug. 15, 1994, 108 Stat. 1478, 1499-1501, 1509, 1514, 1515,

1541, 1544; Pub. L. 103-387, Sec. 6(a), Oct. 22, 1994, 108 Stat.

4077; Pub. L. 103-432, title II, Secs. 264(b), (e)-(g), 267(b),

268, Oct. 31, 1994, 108 Stat. 4468-4470; Pub. L. 104-121, title I,

Sec. 105(b)(2), Mar. 29, 1996, 110 Stat. 853; Pub. L. 104-193,

title II, Secs. 204(b), (c)(2), 213(a), 221(a), (b), title IV, Sec.

404(c), Aug. 22, 1996, 110 Stat. 2188, 2194, 2196, 2197, 2267; Pub.

L. 105-33, title V, Secs. 5522(b), 5564, Aug. 5, 1997, 111 Stat.

622, 639; Pub. L. 105-306, Sec. 8(b)(2), Oct. 28, 1998, 112 Stat.

2929; Pub. L. 106-169, title II, Secs. 201(b), 202(a), 203(a), 213,

251(b)(9), Dec. 14, 1999, 113 Stat. 1831, 1832, 1843, 1856; Pub. L.

106-170, title I, Secs. 101(b)(2)(C), 112(b), Dec. 17, 1999, 113

Stat. 1874, 1884.)

-REFTEXT-

REFERENCES IN TEXT

Section 904 of this title, referred to in subsec. (a)(2)(G), (H),

was amended generally by Pub. L. 103-296, title I, Sec. 104(a),

Aug. 15, 1994, 108 Stat. 1470, and, as so amended, does not require

an annual report.

Section 212 of Public Law 93-66, referred to in subsecs.

(a)(2)(F)(i)(II), (iii), (10)(D), (b)(1)(B), (e)(1)(B)(i), (g)(2),

(i)(2), and (p)(8), is section 212 of Pub. L. 93-66, title II, July

9, 1973, 87 Stat. 155, as amended, which is set out in a note under

section 1382 of this title.

The Internal Revenue Code of 1986, referred to in subsec.

(e)(1)(B)(i), is classified generally to Title 26, Internal Revenue

Code.

The Right to Financial Privacy Act, referred to in subsec.

(e)(1)(B)(ii)(III)(aa), probably means the Right to Financial

Privacy Act of 1978, title XI of Pub. L. 95-630, Nov. 10, 1978, 92

Stat. 3697, as amended, which is classified generally to chapter 35

(Sec. 3401 et seq.) of Title 12, Banks and Banking. For complete

classification of this Act to the Code, see Short Title note set

out under section 3401 of Title 12 and Tables.

The Food Stamp Act of 1977, referred to in subsec. (n), is Pub.

L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is

classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,

Agriculture. For complete classification of this Act to the Code,

see Short Title note set out under section 2011 of Title 7 and

Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 1383, act Aug. 14, 1935, ch. 531, title XVI, Sec.

1603, as added July 25, 1962, Pub. L. 87-543, title I, Sec. 141(a),

76 Stat. 200; amended July 30, 1965, Pub. L. 89-97, title I, Sec.

122, title II, Sec. 221(d)(4), title IV, Sec. 401(b), 79 Stat. 353,

359, 414; Jan. 2, 1968, Pub. L. 90-248, title II, Sec. 212(d), 81

Stat. 898; Oct. 20, 1972, Pub. L. 92-512, title III, Sec. 301(b),

(d), (e), 86 Stat. 946, 947, related to determination of amounts

payable to States, prior to the general amendment of title XVI of

the Social Security Act by Pub. L. 92-603, Sec. 301, but is set out

below in view of its continued applicability to Puerto Rico, Guam,

and the Virgin Islands.

AMENDMENTS

1999 - Subsec. (a)(2)(A)(iii). Pub. L. 106-169, Sec.

251(b)(9)(A), inserted "or 1007" after "405(j)(1)".

Subsec. (a)(2)(B)(ii)(I). Pub. L. 106-169, Sec. 251(b)(9)(B),

inserted ", subchapter VIII of this chapter," before "or this

subchapter".

Subsec. (a)(2)(B)(ii)(III). Pub. L. 106-169, Sec. 251(b)(9)(C),

inserted ", 1011," before "or 1383a".

Subsec. (a)(2)(B)(ii)(IV). Pub. L. 106-169, Sec. 251(b)(9)(D),

inserted "whether the designation of such person as a

representative payee has been revoked pursuant to section 1007(a)

of this title," before "and whether certification" and ",

subchapter VIII of this chapter," before "or this subchapter".

Subsec. (a)(2)(B)(iii)(II). Pub. L. 106-169, Sec. 251(b)(9)(E),

inserted "the designation of such person as a representative payee

has been revoked pursuant to section 1007(a) of this title," before

"or certification".

Subsec. (a)(2)(D)(ii)(II)(aa). Pub. L. 106-169, Sec.

251(b)(9)(F), inserted "or 1007" after "405(j)(4)".

Subsec. (a)(6)(A). Pub. L. 106-170, Sec. 101(b)(2)(C),

substituted "a program consisting of the Ticket to Work and

Self-Sufficiency Program under section 1320b-19 of this title or

another program of vocational rehabilitation services, employment

services, or other support services" for "a program of vocational

rehabilitation services".

Subsec. (b)(1)(B)(ii). Pub. L. 106-169, Sec. 202(a), inserted

"monthly" before "benefit payments" and "and in the case of an

individual or eligible spouse to whom a lump sum is payable under

this subchapter (including under section 1382e(a) of this title or

under an agreement entered into under section 212(a) of Public Law

93-66) shall, as at least one means of recovering such overpayment,

make the adjustment or recovery from the lump sum payment in an

amount equal to not less than the lesser of the amount of the

overpayment or 50 percent of the lump sum payment," before "unless

fraud".

Subsec. (b)(2). Pub. L. 106-169, Sec. 201(b), inserted at end "If

any payment of more than the correct amount is made to a

representative payee on behalf of an individual after the

individual's death, the representative payee shall be liable for

the repayment of the overpayment, and the Commissioner of Social

Security shall establish an overpayment control record under the

social security account number of the representative payee."

Subsec. (b)(4) to (6). Pub. L. 106-169, Sec. 203(a), added par.

(4) and redesignated former pars. (4) and (5) as (5) and (6),

respectively.

Subsec. (e)(1)(B). Pub. L. 106-169, Sec. 213, designated existing

provisions as cl. (i) and added cl. (ii).

Subsec. (j)(1). Pub. L. 106-170, Sec. 112(b)(2)(A), inserted

before period at end ", or has filed a request for reinstatement of

eligibility under subsection (p)(2) of this section and been

determined to be eligible for reinstatement".

Subsec. (j)(2)(A)(i)(I). Pub. L. 106-170, Sec. 112(b)(2)(B),

inserted "(other than pursuant to a request for reinstatement under

subsection (p) of this section)" after "eligible".

Subsec. (p). Pub. L. 106-170, Sec. 112(b)(1), added subsec. (p).

1998 - Subsec. (b)(5). Pub. L. 105-306 added par. (5).

1997 - Subsec. (a)(2)(F)(ii)(III)(bb). Pub. L. 105-33, Sec.

5522(b)(1), substituted "in any case in which the individual

knowingly misapplies benefits from such an account, the

Commissioner shall reduce future benefits payable to such

individual (or to such individual and his spouse) by an amount

equal to the total amount of such benefits so misapplied" for "the

total amount of such benefits so used shall be considered to be the

uncompensated value of a disposed resource and shall be subject to

the provisions of section 1382b(c) of this title".

Subsec. (a)(2)(F)(iii). Pub. L. 105-33, Sec. 5522(b)(2), added

cl. (iii) and struck out former cl. (iii) which read as follows:

"The representative payee may deposit into the account established

pursuant to clause (i) -

"(I) past-due benefits payable to the eligible individual in an

amount less than that specified in clause (i)(II), and

"(II) any other funds representing an underpayment under this

subchapter to such individual, provided that the amount of such

underpayment is equal to or exceeds the maximum monthly benefit

payable under this subchapter to an eligible individual."

Subsec. (e)(9). Pub. L. 105-33, Sec. 5564, substituted "not

lawfully present in the United States" for "unlawfully in the

United States" in two places.

1996 - Subsec. (a)(1). Pub. L. 104-193, Sec. 221(b), inserted

"(subject to paragraph (10))" before "in such installments".

Subsec. (a)(2)(A)(ii)(II). Pub. L. 104-121, Sec. 105(b)(2)(A),

amended subcl. (II) generally. Prior to amendment, subcl. (II) read

as follows: "In the case of an individual eligible for benefits

under this subchapter by reason of disability, if alcoholism or

drug addiction is a contributing factor material to the

Commissioner's determination that the individual is disabled, the

payment of such benefits to a representative payee shall be deemed

to serve the interest of the individual under this subchapter. In

any case in which such payment is so deemed under this subclause to

serve the interest of an individual, the Commissioner of Social

Security shall include, in the individual's notification of such

eligibility, a notice that alcoholism or drug addiction is a

contributing factor material to the Commissioner's determination

that the individual is disabled and that the Commissioner of Social

Security is therefore required to pay the individual's benefits to

a representative payee."

Subsec. (a)(2)(B)(vii). Pub. L. 104-121, Sec. 105(b)(2)(B),

substituted "described in subparagraph (A)(ii)(II)" for "eligible

for benefits under this subchapter by reason of disability, if

alcoholism or drug addiction is a contributing factor material to

the Commissioner's determination that the individual is disabled".

Subsec. (a)(2)(B)(ix)(II). Pub. L. 104-121, Sec. 105(b)(2)(C),

substituted "described in subparagraph (A)(ii)(II)." for "(if

alcoholism or drug addiction is a contributing factor material to

the Commissioner's determination that the individual is disabled)

is eligible for benefits under this subchapter by reason of

disability."

Subsec. (a)(2)(D)(i)(II). Pub. L. 104-121, Sec. 105(b)(2)(D),

substituted "described in subparagraph (A)(ii)(II)" for "eligible

for benefits under this subchapter by reason of disability and

alcoholism or drug addiction is a contributing factor material to

the Commissioner's determination that the individual is disabled".

Subsec. (a)(2)(F) to (H). Pub. L. 104-193, Sec. 213(a), added

subpar. (F) and redesignated former subpars. (F) and (G) as (G) and

(H), respectively.

Subsec. (a)(4)(A). Pub. L. 104-193, Sec. 204(b), inserted "for

the month following the date the application is filed" after "is

presumptively eligible for such benefits" and ", which shall be

repaid through proportionate reductions in such benefits over a

period of not more than 6 months" before semicolon.

Subsec. (a)(10). Pub. L. 104-193, Sec. 221(a), added par. (10).

Subsec. (e)(6) to (8). Pub. L. 104-193, Sec. 404(c)(1),

redesignated pars. (6), relating to suspicion of fraud or similar

fault, and (7) as (7) and (8), respectively.

Subsec. (e)(9). Pub. L. 104-193, Sec. 404(c)(2), added par. (9).

Subsec. (g)(3). Pub. L. 104-193, Sec. 204(c)(2), inserted

"following the month" after "beginning with the month".

1994 - Subsec. (a)(2). Pub. L. 103-432, Sec. 264(e), inserted

par. (2) designation.

Subsec. (a)(2)(A)(ii). Pub. L. 103-296, Sec. 201(b)(1)(A)(i),

designated existing provisions as subcl. (I), struck out "or in the

case of any individual or eligible spouse referred to in section

1382(e)(3)(A) of this title," after "served thereby,", and added

subcl. (II).

Pub. L. 103-296, Sec. 107(a)(4), in cl. (ii) as amended by Pub.

L. 103-296, Sec. 201(b)(1)(A)(i), substituted "Commissioner of

Social Security" for "Secretary" wherever appearing and

"Commissioner's" for "Secretary's" in two places in subcl. (II).

Subsec. (a)(2)(A)(iii). Pub. L. 103-296, Sec. 201(b)(1)(A)(ii),

substituted "to an alternative representative payee of the

individual or eligible spouse or, if the interest of the individual

under this subchapter would be served thereby, to the individual or

eligible spouse" for "to the individual or eligible spouse or to an

alternative representative payee of the individual or eligible

spouse".

Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of

Social Security" for "Secretary" in two places.

Subsec. (a)(2)(B)(i)(I), (ii), (iv) to (vi). Pub. L. 103-296,

Sec. 107(a)(4), substituted "Commissioner of Social Security" for

"Secretary" wherever appearing.

Subsec. (a)(2)(B)(vii). Pub. L. 103-296, Sec. 201(b)(2)(A)(ii),

added cl. (vii). Former cl. (vii) redesignated (viii).

Pub. L. 103-296, Sec. 107(a)(4), in cl. (vii) as added by Pub. L.

103-296, Sec. 201(b)(2)(A)(ii), substituted "Commissioner of Social

Security" for "Secretary" in two places and "Commissioner's" for

"Secretary's".

Subsec. (a)(2)(B)(viii). Pub. L. 103-296, Sec. 201(b)(2)(A)(i),

(iii), redesignated cl. (vii) as (viii) and substituted "clause

(ix)" for "clause (viii)". Former cl. (viii) redesignated (ix).

Pub. L. 103-296, Sec. 201(b)(1)(B), in subcl. (II) substituted

"of 15 years, or (if alcoholism or drug addiction is a contributing

factor material to the Secretary's determination that the

individual is disabled) is eligible for benefits under this

subchapter by reason of disability." for "15 years, or a drug

addict or alcoholic referred to in section 1382(e)(3)(A) of this

title."

Pub. L. 103-296, Sec. 107(a)(4), in cl. (viii) as redesignated by

Pub. L. 103-296, Sec. 201(b)(2)(A)(i), substituted "Commissioner of

Social Security" for "Secretary" in two places.

Subsec. (a)(2)(B)(ix). Pub. L. 103-296, Sec. 201(b)(2)(A)(i),

(iv), redesignated cl. (viii) as (ix) and in subcl. (I) substituted

"clause (viii)" for "clause (vii)". Former cl. (ix) redesignated

(x).

Pub. L. 103-296, Sec. 107(a)(4), in cl. (ix) as redesignated and

amended by Pub. L. 103-296, Sec. 201(b)(1)(B), (2)(A)(i),

substituted "Commissioner's" for "Secretary's" in two places in

subcl. (II).

Subsec. (a)(2)(B)(x) to (xii). Pub. L. 103-296, Sec.

201(b)(2)(A)(i), redesignated cls. (ix) to (xi) as (x) to (xii),

respectively. Former cl. (xii) redesignated (xiii).

Pub. L. 103-296, Sec. 107(a)(4), in cls. (x) to (xii) as

redesignated by Pub. L. 103-296, Sec. 201(b)(2)(A)(i), substituted

"Commissioner of Social Security" for "Secretary" and

"Commissioner's" for "Secretary's" wherever appearing.

Subsec. (a)(2)(B)(xiii). Pub. L. 103-296, Sec. 201(b)(2)(A)(i),

(v), redesignated cl. (xii) as (xiii) and substituted "clause

(xii)" for "clause (xi)" and "clause (xi)" for "clause (x)".

Subsec. (a)(2)(C). Pub. L. 103-296, Sec. 107(a)(4), in subpar.

(C) as amended by Pub. L. 103-432, Sec. 264(f), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing.

Subsec. (a)(2)(C)(i). Pub. L. 103-432, Sec. 264(f)(1),

substituted "to a representative payee" for "to representative

payee".

Subsec. (a)(2)(C)(ii). Pub. L. 103-432, Sec. 264(f)(2), (3),

redesignated cl. (iii) as (ii) and struck out former cl. (ii) which

read as follows: "Clause (i) shall not apply in any case where the

representative payee is a parent or spouse of the individual

entitled to such payment who lives in the same household as such

individual. The Secretary shall require such parent or spouse to

verify on a periodic basis that such parent or spouse continues to

live in the same household as such individual."

Subsec. (a)(2)(C)(iii). Pub. L. 103-432, Sec. 264(f)(3),

redesignated cl. (iv) as (iii). Former cl. (iii) redesignated (ii).

Subsec. (a)(2)(C)(iv). Pub. L. 103-432, Sec. 264(f)(4),

substituted "Notwithstanding clauses (i), (ii), and (iii)" for

"Notwithstanding clauses (i), (ii), (iii), and (iv)".

Pub. L. 103-432, Sec. 264(f)(3), redesignated cl. (v) as (iv).

Former cl. (iv) redesignated (iii).

Subsec. (a)(2)(C)(v). Pub. L. 103-432, Sec. 264(f)(3),

redesignated cl. (v) as (iv).

Subsec. (a)(2)(D)(i). Pub. L. 103-296, Sec.

201(b)(2)(B)(i)(I)(bb), inserted in closing provisions "The

Secretary shall adjust annually (after 1995) each dollar amount set

forth in subclause (II) of this clause under procedures providing

for adjustments in the same manner and to the same extent as

adjustments are provided for under the procedures used to adjust

benefit amounts under section 415(i)(2)(A) of this title, except

that any amount so adjusted that is not a multiple of $1.00 shall

be rounded to the nearest multiple of $1.00."

Pub. L. 103-296, Sec. 107(a)(4), in cl. (i) as amended by Pub. L.

103-296, Sec. 201(b)(2)(B)(i)(I)(bb), substituted "Commissioner of

Social Security" for "Secretary" in closing provisions.

Subsec. (a)(2)(D)(i)(II). Pub. L. 103-296, Sec.

201(b)(2)(B)(i)(I)(aa), added subcl. (II) and struck out former

subcl. (II) which read as follows: "$25.00 per month."

Pub. L. 103-296, Sec. 104(a)(7), in subcl. (II) as added by Pub.

L. 103-296, Sec. 201(b)(2)(B)(i)(I)(aa), substituted

"Commissioner's" for "Secretary's".

Subsec. (a)(2)(D)(ii). Pub. L. 103-296, Sec. 201(b)(2)(B)(ii), in

introductory provisions inserted "State or local government agency

whose mission is to carry out income maintenance, social service,

or health care-related activities, any State or local government

agency with fiduciary responsibilities, or any" after "means any"

and a comma after "service agency", at end of subcl. (I) inserted

"and", and in subcl. (II) inserted "and" at end of item (aa),

substituted a period for "; and" at end of item (bb), and struck

out item (cc) which read as follows: "was in existence on October

1, 1988."

Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of

Social Security" for "Secretary" wherever appearing.

Subsec. (a)(2)(D)(iv). Pub. L. 103-296, Sec.

201(b)(2)(B)(iii)(II), redesignated cl. (v) as (iv).

Pub. L. 103-296, Sec. 201(b)(2)(B)(iii)(I), struck out cl. (iv)

which read as follows: "This subparagraph shall cease to be

effective on July 1, 1994."

Subsec. (a)(2)(D)(v). Pub. L. 103-296, Sec.

201(b)(2)(B)(iii)(II), redesignated cl. (v) as (iv).

Pub. L. 103-296, Sec. 201(b)(2)(B)(i)(II), added cl. (v).

Subsec. (a)(2)(E). Pub. L. 103-296, Sec. 321(f)(2)(B)(ii), added

subpar. (E). Former subpar. (E) redesignated (F).

Pub. L. 103-296, Sec. 107(a)(4), in subpar. (E) as added by Pub.

L. 103-296, Sec. 321(f)(2)(B)(ii), substituted "Commissioner of

Social Security" for "Secretary" wherever appearing.

Subsec. (a)(2)(F), (G). Pub. L. 103-296, Sec. 321(f)(2)(B)(i),

redesignated subpars. (E) and (F) as (F) and (G), respectively.

Pub. L. 103-296, Sec. 107(a)(4), in subpars. (F) and (G) as

redesignated by Pub. L. 103-296, Sec. 321(f)(2)(B)(i), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing and "Commissioner's" for "Secretary's" in subpar. (G).

Subsec. (a)(3), (4), (6) to (8). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary"

wherever appearing, "the Commissioner's" for "his" in par. (8)(A),

and "Commissioner's" for "Secretary's" in par. (8)(B).

Subsec. (b). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing and "the Commissioner finds" for "he finds" in par.

(1)(B).

Subsec. (b)(3) to (5). Pub. L. 103-432, Sec. 267(b), redesignated

pars. (4) and (5) as (3) and (4), respectively, and struck out

former par. (3) which read as follows: "In any case in which

advance payments for a taxable year made by all employers to an

individual under section 3507 of the Internal Revenue Code of 1986

(relating to advance payment of earned income credit) exceed the

amount of such individual's earned income credit allowable under

section 32 of such Code for such year, so that such individual is

liable under section 32(g) of such Code for a tax equal to such

excess, the Secretary shall provide for an appropriate adjustment

of such individual's benefit amount under this subchapter so as to

provide payment to such individual of an amount equal to the amount

of such benefits lost by such individual on account of such excess

advance payments."

Subsec. (c)(1)(A). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing, "Commissioner's determination" for "Secretary's

determination", "the Commissioner's findings" for "his findings",

"the Commissioner's own motion" for "his own motion", "the

Commissioner may deem" for "he may deem", and "the Commissioner may

administer" for "he may administer".

Subsec. (c)(1)(B). Pub. L. 103-432, Sec. 264(g), substituted

"subparagraph (A)" for "paragraph (1)" in cls. (i) and (ii).

Subsec. (c)(1)(B)(ii). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary".

Subsec. (c)(3). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" and

"Commissioner's" for "Secretary's".

Subsec. (d)(2)(A)(i). Pub. L. 103-296, Sec. 321(f)(3)(A), amended

cl. (i) generally. Prior to amendment, cl. (i) read as follows: "by

substituting 'section 1320a-6(a) or 1383(g) of this title' for

'section 1320a-6(a) of this title'; and".

Subsec. (d)(2)(B). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" in two places.

Subsec. (e)(1). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing.

Subsec. (e)(1)(C). Pub. L. 103-387 added subpar. (C).

Subsec. (e)(2), (3). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing and "the Commissioner may" for "he may" in par. (2).

Subsec. (e)(4). Pub. L. 103-296, Sec. 206(a)(2), added par. (4).

Subsec. (e)(5). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" in introductory

provisions.

Subsec. (e)(6). Pub. L. 103-432, Sec. 268, redesignated subpars.

(1) and (2) of par. (6), relating to face-to-face interviews in

field offices, as subpars. (A) and (B), respectively.

Pub. L. 103-296, Sec. 206(d)(2), added par. (6) relating to

suspicion of fraud or similar fault.

Pub. L. 103-296, Sec. 107(a)(4), in par. (6), relating to

suspicion of fraud or similar fault, as added by Pub. L. 103-296,

Sec. 206(d)(2), substituted "Commissioner of Social Security" for

"Secretary" wherever appearing.

Pub. L. 103-296, Sec. 107(a)(4), substituted "Commissioner of

Social Security" for "Secretary" in closing provisions of par. (6)

relating to face-to-face interviews in field offices.

Subsec. (e)(7). Pub. L. 103-296, Sec. 206(f)(1), added par. (7).

Pub. L. 103-296, Sec. 107(a)(4), in par. (7) as added by Pub. L.

103-296, Sec. 206(f)(1), substituted "Commissioner of Social

Security" for "Secretary" wherever appearing.

Subsecs. (f) to (m). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" wherever

appearing, except where appearing before "of the Treasury" in

subsec. (i)(1) and (3).

Subsec. (n). Pub. L. 103-432, Sec. 264(b), which directed

substitution of "section" for "subsection", could not be executed

because of amendment by Pub. L. 103-296, Sec. 321(h)(1)(A), which

substituted "subchapter" for "subsection". See below.

Pub. L. 103-296, Sec. 321(h)(1)(B), redesignated subsec. (n)

relating to notice requirements as (o).

Pub. L. 103-296, Sec. 321(h)(1)(A), substituted "subchapter" for

"subsection" in subsec. (n) relating to concurrent SSI and food

stamp applications by institutionalized individuals.

Pub. L. 103-296, Sec. 107(a)(4), substituted "The Commissioner of

Social Security and" for "The Secretary and" in subsec. (n)

relating to concurrent SSI and food stamp applications by

institutionalized individuals.

Subsec. (o). Pub. L. 103-296, Sec. 321(h)(1)(B), redesignated

subsec. (n) relating to notice requirements as (o).

Pub. L. 103-296, Sec. 107(a)(4), in subsec. (o) as redesignated

by Pub. L. 103-296, Sec. 321(h)(1)(B), substituted "Commissioner of

Social Security" for "Secretary" in two places in introductory

provisions.

1990 - Subsec. (a)(2)(A). Pub. L. 101-508, Sec. 5105(a)(1)(B)(i),

amended subpar. (A) generally. Prior to amendment, subpar. (A) read

as follows: "Payments of the benefit of any individual may be made

to any such individual or to his eligible spouse (if any) or partly

to each, or, if the Secretary deems it appropriate to any other

person (including an appropriate public or private agency) who is

interested in or concerned with the welfare of such individual (or

spouse). Notwithstanding the provisions of the preceding sentence,

in the case of any individual or eligible spouse referred to in

section 1382(e)(3)(A) of this title, the Secretary shall provide

for making payments of the benefit to any other person (including

an appropriate public or private agency) who is interested in or

concerned with the welfare of such individual (or spouse)."

Subsec. (a)(2)(B). Pub. L. 101-508, Sec. 5105(a)(2)(A)(ii),

amended subpar. (B) generally. Prior to amendment, subpar. (B) read

as follows: "Any determination made under subparagraph (A) that

payment should be made to a person other than the individual or

spouse entitled to such payment must be made on the basis of an

investigation, carried out either prior to such determination or

within forty-five days after such determination, and on the basis

of adequate evidence that such determination is in the interest of

the individual or spouse entitled to such payment (as determined by

the Secretary in regulations). The Secretary shall ensure that such

determinations are adequately reviewed."

Subsec. (a)(2)(C)(i). Pub. L. 101-508, Sec. 5105(a)(1)(B)(ii)(I),

substituted "representative payee of an individual or spouse" for

"a person other than the individual or spouse entitled to such

payment".

Subsec. (a)(2)(C)(ii) to (iv). Pub. L. 101-508, Sec.

5105(a)(1)(B)(ii)(II), substituted "representative payee" for

"other person to whom such payment is made".

Subsec. (a)(2)(C)(v). Pub. L. 101-508, Sec.

5105(a)(1)(B)(ii)(III), substituted "representative payee" for

"person receiving payments on behalf of another" and for "person

receiving such payments".

Subsec. (a)(2)(D). Pub. L. 101-508, Sec.

5105(a)(3)(A)(ii)(III)[(II)], added subpar. (D). Former subpar. (D)

redesignated (E).

Subsec. (a)(2)(E). Pub. L. 101-508, Sec. 5105(c)(2), added

subpar. (E). Former subpar. (E) redesignated (F).

Pub. L. 101-508, Sec. 5105(a)(3)(A)(ii)(I), redesignated subpar.

(D) as (E).

Subsec. (a)(2)(F). Pub. L. 101-508, Sec. 5105(d)(1)(B), which

directed amendment of subsec. (a)(2)(E), as redesignated by section

5105(c)(2) of Pub. L. 101-508, by redesignating it as subpar. (E)

and amending it generally, was executed to subpar. (E), as added by

section 5105(c)(2) of Pub. L. 101-508, as the probable intent of

Congress. Prior to amendment, subpar. (E) read as follows: "In

cases where the negligent failure of the Secretary to investigate

or monitor a representative payee results in misuse of benefits by

the representative payee, the Secretary shall make payment to the

beneficiary or the beneficiary's representative payee of an amount

equal to such misused benefits. The Secretary shall make a good

faith effort to obtain restitution from the terminated

representative payee."

Pub. L. 101-508, Sec. 5105(c)(2), redesignated subpar. (E) as

(F).

Subsec. (a)(4)(B). Pub. L. 101-508, Sec. 5038(a), substituted "6

months" for "3 months".

Subsec. (a)(6)(A). Pub. L. 101-508, Sec. 5113(b)(1), added

subpar. (A) and struck out former subpar. (A) which read as

follows: "such individual is participating in an approved

vocational rehabilitation program under a State plan approved under

title I of the Rehabilitation Act of 1973, and".

Subsec. (a)(6)(B). Pub. L. 101-508, Sec. 5113(b)(2), substituted

"Secretary" for "Commissioner of Social Security".

Subsec. (a)(9). Pub. L. 101-508, Sec. 5031(c), added par. (9).

Subsec. (c)(1). Pub. L. 101-508, Sec. 5107(a)(2), designated

existing provision as subpar. (A) and added subpar. (B).

Subsec. (d)(2)(A). Pub. L. 101-508, Sec. 5106(a)(2), amended

subpar. (A) generally, substituting cls. (i) and (ii) for former

single par. which authorized Secretary to prescribe regulations

relating to representation of claimants before the Secretary,

representation by attorneys, suspension of representatives, and

maximum fees for representation, provided penalties for deceiving

claimants and exceeding maximum fees, and required Secretary to

maintain in the electronic information retrieval system of the

Social Security Administration the identity of representatives of

claimants.

Subsec. (h). Pub. L. 101-508, Sec. 5106(c), inserted at end "The

amount available for payment under this subsection for travel by a

representative to attend an administrative proceeding before an

administrative law judge or other adjudicator shall not exceed the

maximum amount allowable under this subsection for such travel

originating within the geographic area of the office having

jurisdiction over such proceeding."

Subsec. (j)(2)(A). Pub. L. 101-508, Sec. 5039(b), inserted

"(other than subsection (c) thereof)" after first reference to

"section 1382h of this title".

Subsec. (m). Pub. L. 101-508, Sec. 5040(1), struck out at end

"The Secretary and the Secretary of Agriculture shall develop a

procedure under which an individual who applies for supplemental

security income benefits under this subchapter shall also be

permitted to apply for participation in the food stamp program by

executing a single application."

Subsec. (n). Pub. L. 101-508, Sec. 5109(a)(2), added subsec. (n)

relating to notice requirements.

Pub. L. 101-508, Sec. 5040(2), added subsec. (n) relating to

concurrent SSI and food stamp applications by institutionalized

individuals.

1989 - Subsec. (c)(1). Pub. L. 101-239, Sec. 10305(e), inserted

at end "The Secretary shall specifically take into account any

physical, mental, educational, or linguistic limitation of such

individual (including any lack of facility with the English

language) in determining, with respect to the eligibility of such

individual for benefits under this subchapter, whether such

individual acted in good faith or was at fault, and in determining

fraud, deception, or intent."

Subsec. (d)(2). Pub. L. 101-239, Sec. 10307(b)(2), designated

existing provisions as subpar. (A) and added subpar. (B).

Pub. L. 101-239, Sec. 10307(a)(2), inserted at end "The Secretary

shall maintain in the electronic information retrieval system used

by the Social Security Administration a current record, with

respect to any claimant before the Secretary, of the identity of

any person representing such claimant in accordance with this

paragraph."

Subsec. (e)(5). Pub. L. 101-239, Sec. 10302(b)(1), added par.

(5).

Subsec. (e)(6). Pub. L. 101-239, Sec. 10303(b), added par. (6).

1988 - Subsec. (a)(8). Pub. L. 100-647 added par. (8).

1987 - Subsec. (a)(4)(A). Pub. L. 100-203, Sec. 9109(a),

substituted "a cash advance against such benefits, including any

federally-administered State supplementary payments, in an amount

not exceeding the monthly amount that would be payable to an

eligible individual with no other income for the first month of

such presumptive eligibility" for "a cash advance against such

benefits in an amount not exceeding $100".

Subsec. (a)(6). Pub. L. 100-203, Sec. 9112(a), in introductory

provision inserted "blindness (as determined under section

1382c(a)(2) of this title) or" before "disability" and "blindness

or other" before "physical", and in subpar. (B) inserted "blindness

and" before "disability".

Subsec. (g)(2). Pub. L. 100-203, Sec. 9110(a), substituted "at

the time the Secretary makes the first payment of benefits with

respect to the period described in clause (A) or (B) of paragraph

(3)" for "at the time the Secretary makes the first payment of

benefits".

Subsec. (g)(3). Pub. L. 100-203, Sec. 9110(b), inserted cl. (A)

designation after "basic needs" and added cl. (B).

Subsec. (j). Pub. L. 100-203, Sec. 9123, redesignated subsec.

(j), relating to pre-release procedures for institutionalized

persons, as (m).

Subsec. (l). Pub. L. 100-203, Sec. 9111(a)(1), added subsec. (l).

Subsec. (m). Pub. L. 100-203, Sec. 9123, redesignated subsec.

(j), relating to pre-release procedures for institutionalized

persons, as (m) and reenacted heading without change.

1986 - Subsec. (b)(1). Pub. L. 99-643, Sec. 8(a), substituted

"(A) Whenever the Secretary" for "Whenever the Secretary", "by

recovery from such individual or his eligible spouse (or from the

estate of either) or by payment to such individual or his eligible

spouse, or, if such individual is deceased, by payment - " for "by

recovery from or payment to such individual or his eligible spouse

(or by recovery from the estate of either). The Secretary (A) shall

make", added subpar. (A)(i) and (ii), substituted "(B) the

Secretary (i) shall make such provision" for "such provision", "and

(ii) shall in any event" for "and (B) shall in any event", "(I) the

amount" for "(i) the amount", "(II) an amount" for "(ii) an

amount", "clause (ii)" for "clause (B)", and "clause (i)" for

"clause (A)".

Subsec. (b)(2). Pub. L. 99-272 added par. (2). Former par. (2)

redesignated (3).

Subsec. (b)(3). Pub. L. 99-514, Sec. 2, substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954".

Pub. L. 99-272 redesignated par. (2) as (3). Former par. (3)

redesignated (4).

Subsec. (b)(4), (5). Pub. L. 99-272 redesignated pars. (3) and

(4) as (4) and (5), respectively.

Subsec. (e)(1)(A). Pub. L. 99-643, Sec. 4(c)(1)(A), substituted

"subparagraph (B) and subsection (j) of this section" for

"subparagraph (B)".

Subsec. (e)(1)(B). Pub. L. 99-514, Sec. 2, substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954".

Subsec. (e)(3). Pub. L. 99-570, Sec. 11005(a), added par. (3).

Subsec. (g). Pub. L. 99-514, Sec. 1883(d)(1), amended heading

generally.

Subsec. (j). Pub. L. 99-570, Sec. 11006, added subsec. (j)

relating to pre-release procedures for institutionalized persons.

Pub. L. 99-643, Sec. 4(c)(1)(B), added subsec. (j) relating to

application and review requirements for certain individuals.

Subsec. (j)(2)(A). Pub. L. 99-643, Sec. 4(d)(3)(B), in subsec.

(j) relating to application and review requirements, substituted

"section 1382c(a)(4) of this title" for "section 1382c(a)(5) of

this title" in closing provisions.

Subsec. (k). Pub. L. 99-643, Sec. 5, added subsec. (k).

1984 - Subsec. (a)(2). Pub. L. 98-460, Sec. 16(b), redesignated

existing provisions as subpar. (A) and added subpars. (B) to (D).

Subsec. (a)(7). Pub. L. 98-460, Sec. 7(b), added par. (7).

Pub. L. 98-369, Sec. 2612(a), inserted "(A)" before "shall make

such provision" in second sentence, and added cl. (B).

Subsec. (b)(1). Pub. L. 98-369, Sec. 2663(g)(11)(A), substituted

"equity and good conscience" for "equity or good conscience".

Subsec. (b)(2). Pub. L. 98-369, Sec. 2663(g)(11)(B), substituted

"section 32" and "section 32(g)" for "section 43" and "section

43(g)", respectively.

Subsec. (b)(3), (4). Pub. L. 98-369, Sec. 2613, added par. (3)

and redesignated former par. (3) as (4).

Subsec. (d)(1). Pub. L. 98-369, Sec. 2663(g)(12), substituted

"and (e)" for "(e), and (f)".

Subsec. (e)(1)(B). Pub. L. 98-369, Sec. 2651(j), inserted

provision that for this purpose and for purposes of federally

administered supplementary payments of the type described in

section 1382e(a) of this title (including payments pursuant to an

agreement entered into under section 212(a) of Public Law 93-66),

the Secretary shall, as may be necessary, request and utilize

information available pursuant to section 6103(l)(7) of the

Internal Revenue Code of 1954, and any information which may be

available from State systems under section 1320b-7 of this title,

and shall comply with the requirements applicable to States (with

respect to information available pursuant to section 6103(l)(7)(B)

of such Code) under subsections (a)(6) and (c) of such section

1320b-7 of this title.

1982 - Subsec. (i)(2). Pub. L. 97-248 substituted "such benefit

checks" for "checks payable to individuals entitled to benefits

under this subchapter but".

1981 - Subsec. (i). Pub. L. 97-35 added subsec. (i).

1980 - Subsec. (a)(6). Pub. L. 96-265, Sec. 301(b), added par.

(6).

Subsec. (b). Pub. L. 96-473 redesignated par. (2) as added by

Pub. L. 96-265, Sec. 501(c), as (3).

Pub. L. 96-265, Sec. 501(c), designated existing provisions as

par. (1) and added par. (2), without reference to identical

amendment made by Pub. L. 96-222. Such par. (2) was subsequently

redesignated par. (3) by Pub. L. 96-473.

Pub. L. 96-222 designated existing provisions as par. (1) and

added par. (2).

Subsec. (c)(1). Pub. L. 96-265, Sec. 305(b), inserted provisions

relating to information that must accompany a decision of

Secretary.

Subsec. (h). Pub. L. 96-265, Sec. 310(b), added subsec. (h).

1976 - Subsec. (a)(4)(B). Pub. L. 94-569 inserted "or blindness"

after "disability" and "or blind" after "disabled" wherever

appearing.

Subsec. (c)(1). Pub. L. 94-202, Sec. 1, increased authority of

Secretary by permitting him to hold hearings on his own motion, to

administer oaths, examine witnesses, and receive evidence at

hearings, and increased time within which a request for a hearing

be made after notice of Secretary's determination is received from

thirty to sixty days.

Subsec. (c)(2). Pub. L. 94-202, Sec. 1, reenacted par. (2)

without change.

Subsec. (c)(3). Pub. L. 94-202, Sec. 1, struck out exception to

judicial review which made factual determinations by the Secretary,

after a hearing as provided by subsec. (c)(1), final and

conclusive.

Subsec. (d)(2), (3). Pub. L. 94-202, Sec. 2, struck out par. (2)

which related to appointment of individuals to serve as hearing

examiners without meeting specific standards prescribed for hearing

examiners, and redesignated par. (3) as par. (2).

Subsec. (g). Pub. L. 94-365 struck out par. (6) which provided

that provisions of this subsection were to expire on June 30, 1976,

at least sixty days prior to which, the Secretary was to submit to

Congress a report assessing effects of actions taken pursuant to

this subsection and including whatever recommendations the

Secretary deemed appropriate.

1974 - Subsec. (g). Pub. L. 93-368 added subsec. (g).

1973 - Subsec. (a)(4)(B). Pub. L. 93-233 inserted "solely because

such individual is determined not to be disabled."

EFFECTIVE DATE OF 1999 AMENDMENTS

Amendment by section 101(b)(2)(C) of Pub. L. 106-170 effective

with the first month following one year after Dec. 17, 1999,

subject to section 101(d) of Pub. L. 106-170, see section 101(c) of

Pub. L. 106-170, set out as an Effective Date note under section

1320b-19 of this title.

Amendment by section 112(b) of Pub. L. 106-170 effective on the

first day of the thirteenth month beginning after Dec. 17, 1999,

and no benefit to be payable under this subchapter on the basis of

a request for reinstatement filed under subsec. (p) of this section

before such date, see section 112(c) of Pub. L. 106-170, set out as

a note under section 423 of this title.

Amendment by section 201(b) of Pub. L. 106-169 applicable to

overpayments made 12 months or more after Dec. 14, 1999, see

section 201(c) of Pub. L. 106-169, set out as a note under section

404 of this title.

Pub. L. 106-169, title II, Sec. 202(b), Dec. 14, 1999, 113 Stat.

1832, provided that: "The amendments made by this section [amending

this section] shall take effect 12 months after the date of the

enactment of this Act [Dec. 14, 1999] and shall apply to amounts

incorrectly paid which remain outstanding on or after such date."

Amendment by section 203(a) of Pub. L. 106-169 applicable to debt

outstanding on or after Dec. 14, 1999, see section 203(d) of Pub.

L. 106-169, set out as a note under section 3701 of Title 31, Money

and Finance.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-306 effective Oct. 28, 1998, and

applicable to amounts incorrectly paid which remain outstanding on

or after such date, see section 8(c) of Pub. L. 105-306, set out as

a note under section 404 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 5522(b) of Pub. L. 105-33 effective as if

included in the enactment of title II of the Personal

Responsibility and Work Opportunity Reconciliation Act of 1996,

Pub. L. 104-193, see section 5528(a) of Pub. L. 105-33, set out as

a note under section 903 of this title.

Amendment by section 5564 of Pub. L. 105-33 effective as if

included in the enactment of title IV of the Personal

Responsibility and Work Opportunity Reconciliation Act of 1996,

Pub. L. 104-193, see section 5582 of Pub. L. 105-33, set out as a

note under section 1367 of Title 8, Aliens and Nationality.

EFFECTIVE DATE OF 1996 AMENDMENTS

Amendment by section 204(b), (c)(2) of Pub. L. 104-193 applicable

to applications for benefits under this subchapter filed on or

after Aug. 22, 1996, without regard to whether regulations have

been issued to implement amendments by section 204 of Pub. L.

104-193, see section 204(d) of Pub. L. 104-193, set out as a note

under section 1382 of this title.

Amendment by section 213(a) of Pub. L. 104-193 applicable to

payments made after Aug. 22, 1996, see section 213(d) of Pub. L.

104-193, set out as a note under section 1382a of this title.

Section 221(c) of Pub. L. 104-193 provided that:

"(1) In general. - The amendments made by this section [amending

this section] are effective with respect to past-due benefits

payable under title XVI of the Social Security Act [this

subchapter] after the third month following the month in which this

Act is enacted [August 1996].

"(2) Benefits payable under title xvi. - For purposes of this

subsection, the term 'benefits payable under title XVI of the

Social Security Act' includes supplementary payments pursuant to an

agreement for Federal administration under section 1616(a) of the

Social Security Act [section 1382e(a) of this title], and payments

pursuant to an agreement entered into under section 212(b) of

Public Law 93-66 [set out as a note under section 1382 of this

title]."

Amendment by Pub. L. 104-121 effective July 1, 1996, with respect

to any individual whose claim for benefits is finally adjudicated

on or after Mar. 29, 1996, or whose eligibility for benefits is

based upon eligibility redetermination made pursuant to section

105(b)(5)(C) of Pub. L. 104-121, see section 105(b)(5) of Pub. L.

104-121, as amended, set out as a note under section 1382 of this

title.

EFFECTIVE DATE OF 1994 AMENDMENTS

Amendment by section 264(b) and (e)-(g) of Pub. L. 103-432

effective as if included in the provision of Pub. L. 101-508 to

which the amendment relates at the time such provision became law,

see section 264(h) of Pub. L. 103-432, set out as a note under

section 1320b-9 of this title.

Section 6(b) of Pub. L. 103-387 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

admissions occurring on or after October 1, 1995."

Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note

under section 401 of this title.

Section 201(b)(1)(C) of Pub. L. 103-296 provided that: "The

amendments made by this paragraph [amending this section] shall

apply with respect to months beginning after 180 days after the

date of the enactment of this Act [Aug. 15, 1994]."

Section 201(b)(2)(B)(iii)(I) of Pub. L. 103-296 provided that the

amendment made by that section is effective July 1, 1994.

Section 201(b)(2)(C) of Pub. L. 103-296 provided that: "Except as

provided in subparagraph (B)(iii)(I) [amending this section and

enacting provisions set out as a note above], the amendments made

by this paragraph [amending this section] shall apply with respect

to months beginning after 90 days after the date of the enactment

of this Act [Aug. 15, 1994]."

Amendment by section 206(a)(2) of Pub. L. 103-296 applicable to

translations made on or after Oct. 1, 1994, see section 206(a)(3)

of Pub. L. 103-296, set out as a note under section 405 of this

title.

Amendment by section 206(d)(2) of Pub. L. 103-296 effective Oct.

1, 1994, and applicable to determinations made before, on, or after

such date, see section 206(d)(3) of Pub. L. 103-296, set out as a

note under section 405 of this title.

Section 206(f)(2) of Pub. L. 103-296 provided that: "The

amendment made by paragraph (1) [amending this section] shall take

effect on October 1, 1994."

Amendment by section 321(f)(2)(B), (3)(A) of Pub. L. 103-296

effective as if included in the provisions of Pub. L. 101-508 to

which such amendment relates, see section 321(f)(5) of Pub. L.

103-296, set out as a note under section 405 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 5031(c) of Pub. L. 101-508 applicable with

respect to benefits for months beginning on or after the first day

of the 6th calendar month following November 1990, see section

5031(d) of Pub. L. 101-508, set out as a note under section 1382a

of this title.

Section 5038(b) of Pub. L. 101-508 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to benefits for months beginning on or after the first day

of the 6th calendar month following the month in which this Act is

enacted [November 1990]."

Amendment by section 5105(a)(1)(B), (2)(A)(ii) of Pub. L. 101-508

effective July 1, 1991, and applicable only with respect to (i)

certifications of payment of benefits under subchapter II of this

chapter to representative payees made on or after such date; and

(ii) provisions for payment of benefits under this subchapter to

representative payees made on or after such date, and amendment by

section 5105(a)(3)(A)(ii) of Pub. L. 101-508 effective July 1,

1991, see section 5105(a)(5) of Pub. L. 101-508 set out as a note

under section 405 of this title.

Amendment by section 5105(d)(1)(B) of Pub. L. 101-508 applicable

with respect to annual reports issued for years after 1991, see

section 5105(d)(2) of Pub. L. 101-508, set out as a note under

section 405 of this title.

Amendment by section 5106(a)(2), (c) of Pub. L. 101-508

applicable with respect to determinations made on or after July 1,

1991, and to reimbursement for travel expenses incurred on or after

Apr. 1, 1991, see section 5106(d) of Pub. L. 101-508, set out as a

note under section 401 of this title.

Amendment by section 5107(a)(2) of Pub. L. 101-508 applicable

with respect to adverse determinations made on or after July 1,

1991, see section 5107(b) of Pub. L. 101-508, set out as a note

under section 405 of this title.

Amendment by section 5109(a)(2) of Pub. L. 101-508 applicable

with respect to notices issued on or after July 1, 1991, see

section 5109(b) of Pub. L. 101-508, set out as a note under section

405 of this title.

Amendment by section 5113(b) of Pub. L. 101-508 effective with

respect to benefits payable for months after the eleventh month

following November 1990, and applicable only with respect to

individuals whose blindness or disability has or may have ceased

after such eleventh month, see section 5113(c) of Pub. L. 101-508,

set out as a note under section 425 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 10302(b)(2) of Pub. L. 101-239 provided that: "The

amendment made by paragraph (1) [amending this section] shall apply

with respect to misinformation furnished on or after the date of

the enactment of this Act [Dec. 19, 1989] and to benefits for

months after the month in which this Act is enacted [December

1989]."

Amendment by section 10303(b) of Pub. L. 101-239 applicable to

visits to field offices of Social Security Administration on or

after Jan. 1, 1990, see section 10303(c) of Pub. L. 101-239, set

out as a note under section 405 of this title.

Amendment by section 10305(e) of Pub. L. 101-239 applicable with

respect to determinations made on or after July 1, 1990, see

section 10305(f) of Pub. L. 101-239, set out as a note under

section 403 of this title.

Amendment by section 10307(a)(2) of Pub. L. 101-239 effective

June 1, 1991, see section 10307(a)(3) of Pub. L. 101-239, set out

as a note under section 406 of this title.

Amendment by section 10307(b)(2) of Pub. L. 101-239 applicable

with respect to adverse determinations made on or after Jan. 1,

1991, see section 10307(b)(3) of Pub. L. 101-239, set out as a note

under section 406 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 applicable to determinations by

administrative law judges of entitlement to benefits made after 180

days after Nov. 10, 1988, see section 8001(c) of Pub. L. 100-647,

set out as a note under section 423 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 9109(b) of Pub. L. 100-203 provided that: "The amendment

made by subsection (a) [amending this section] shall become

effective on the date of the enactment of this Act [Dec. 22,

1987]."

Section 9110(c) of Pub. L. 100-203 provided that: "The amendments

made by this section [amending this section] shall become effective

with the 13th month following the month in which this Act is

enacted [December 1987], or, if sooner, with the first month for

which the Secretary of Health and Human Services determines that it

is administratively feasible."

Section 9111(c) of Pub. L. 100-203 provided that: "The amendment

made by subsection (a) [amending this section] shall become

effective July 1, 1988."

Section 9112(b) of Pub. L. 100-203 provided that: "The amendments

made by subsection (a) [amending this section] shall become

effective April 1, 1988."

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by sections 4(c)(1), (d)(3)(B) and 5 of Pub. L. 99-643

effective July 1, 1987, except as otherwise provided, see section

10(b) of Pub. L. 99-643, set out as a note under section 1396a of

this title.

Section 8(b) of Pub. L. 99-643 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to benefits payable for months after May 1986."

Section 11005(c)(1) of Pub. L. 99-570 provided that: "The

amendment made by subsection (a) [amending this section] shall

become effective on the date of the enactment of this Act [Oct. 27,

1986]."

Amendment by Pub. L. 99-272 applicable only in the case of deaths

of which the Secretary is first notified on or after Apr. 7, 1986,

see section 12113(c) of Pub. L. 99-272, set out as a note under

section 404 of this title.

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by section 16(b) of Pub. L. 98-460 effective Oct. 9,

1984, see section 16(d) of Pub. L. 98-460, set out as a note under

section 405 of this title.

Amendment by sections 2612(a) and 2613 of Pub. L. 98-369

effective Oct. 1, 1984, except as otherwise specifically provided,

see section 2646 of Pub. L. 98-369, set out as a note under section

657 of this title.

Amendment by section 2651(j) of Pub. L. 98-369 effective July 18,

1984, see section 2651(l)(1) of Pub. L. 98-369, set out as an

Effective Date note under section 1320b-7 of this title.

Amendment by section 2663(g)(11), (12) of Pub. L. 98-369

effective July 18, 1984, but not to be construed as changing or

affecting any right, liability, status, or interpretation which

existed (under the provisions of law involved) before that date,

see section 2664(b) of Pub. L. 98-369, set out as a note under

section 401 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 187(b) of Pub. L. 97-248 provided that: "The amendment

made by subsection (a) [amending this section] shall become

effective October 1, 1982."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 2343(b) of Pub. L. 97-35 provided that: "The amendment

made by subsection (a) [amending this section] shall become

effective October 1, 1982."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 301(b) of Pub. L. 96-265 effective on first

day of sixth month which begins after June 9, 1980, and applicable

with respect to individuals whose disability has not been

determined to have ceased prior to such first day, see section

301(c) of Pub. L. 96-265, set out as a note under section 425 of

this title.

Amendment by section 305(b) of Pub. L. 96-265 applicable with

respect to decisions made on or after the first day of the 13th

month following June, 1980, see section 305(c) of Pub. L. 96-265,

set out as a note under section 405 of this title.

Amendment by section 501(c) of Pub. L. 96-265 applicable in the

case of payments of monthly insurance benefits under subchapter II

of this chapter, entitlement for which is determined on or after

July 1, 1981, see section 501(d) of Pub. L. 96-265, set out as an

Effective Date note under section 1320a-6 of this title.

EFFECTIVE DATE OF 1976 AMENDMENTS

Section 4(b) of Pub. L. 94-569 provided that: "The amendments

made by this section [amending this section] shall apply with

respect to months after the month following the month in which this

Act is enacted [October 1976]."

Amendment by sections 1 and 2 of Pub. L. 94-202 effective Jan. 2,

1976, with the amendment by section 2 of Pub. L. 94-202, to the

extent that it changes the period within which a hearing must be

requested, applicable to any decision or determination which is

received on or after Jan. 2, 1976, see section 5 of Pub. L. 94-202,

set out as a note under section 405 of this title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-233 effective Jan. 1, 1974, see section

18(z-3)(1) of Pub. L. 93-233.

EFFECTIVE DATE

Section 301 of Pub. L. 92-603 provided that this section is

effective Jan. 1, 1974.

REGULATIONS

Section 222 of title II of Pub. L. 104-193 provided that: "Within

3 months after the date of the enactment of this Act [Aug. 22,

1996], the Commissioner of Social Security shall prescribe such

regulations as may be necessary to implement the amendments made by

this subtitle [subtitle C (Secs. 221, 222) of title II of Pub. L.

104-193, amending this section]."

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-MISC2-

PAYMENT OF TRAVEL EXPENSES

Pub. L. 102-394, title II, Oct. 6, 1992, 106 Stat. 1807, provided

in part: "That for fiscal year 1993 and thereafter, travel expense

payments under section 1631(h) of such Act [subsec. (h) of this

section] for travel to hearings may be made only when travel of

more than seventy-five miles is required".

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 102-170, title II, Nov. 26, 1991, 105 Stat. 1122.

Pub. L. 101-517, title II, Nov. 5, 1990, 104 Stat. 2204.

Pub. L. 101-166, title II, Nov. 21, 1989, 103 Stat. 1173.

Pub. L. 100-436, title II, Sept. 20, 1988, 102 Stat. 1695.

Pub. L. 100-202, Sec. 101(h) [title II], Dec. 22, 1987, 101 Stat.

1329-256, 1329-270.

Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title II], Oct. 18, 1986,

100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R. 5233,

title II], Oct. 30, 1986, 100 Stat. 3341-287.

Pub. L. 99-178, title II, Dec. 12, 1985, 99 Stat. 1116.

Pub. L. 98-619, title II, Nov. 8, 1984, 98 Stat. 3318.

Pub. L. 98-139, title II, Oct. 31, 1983, 97 Stat. 884.

Pub. L. 97-377, title I, Sec. 101(e)(1), Dec. 21, 1982, 96 Stat.

1891.

Pub. L. 97-92, Sec. 101(a) [H.R. 4560, title II], Dec. 15, 1981,

95 Stat. 1183.

DEPOSIT OF OVERPAYMENTS IN GENERAL FUND OF TREASURY

Pub. L. 102-170, title II, Nov. 26, 1991, 105 Stat. 1122,

provided: "That for fiscal year 1992 and thereafter, all

collections from repayments of overpayments shall be deposited in

the general fund of the Treasury."

OPPORTUNITY FOR INDIVIDUALS RECEIVING BENEFITS TO MAKE ELECTION FOR

TYPE OF NOTICE OF HEARING OR OTHER OFFICIAL ACTION

Section 9111(a)(2) of Pub. L. 100-203 directed Secretary of

Health and Human Services, not later than one year after July 1,

1988, to provide every individual receiving benefits under this

subchapter on the basis of blindness an opportunity to make an

election under subsec. (l)(1) of this section.

STUDY OF DESIRABILITY AND FEASIBILITY OF SPECIAL NOTICES OF

HEARINGS AND OTHER ACTIONS TO OTHER INDIVIDUALS UNABLE TO READ

Section 9111(b) of Pub. L. 100-203 directed Secretary of Health

and Human Services to study desirability and feasibility of

extending special or supplementary notices of the type provided to

blind individuals by subsec. (l) of this section to other

individuals who may lack the ability to read and comprehend regular

written notices, and report the results of such study to Congress,

along with recommendations, within 12 months after Dec. 22, 1987.

DEMONSTRATION PROGRAM TO ASSIST HOMELESS INDIVIDUALS

Section 9117 of Pub. L. 100-203, as amended by Pub. L. 104-66,

title I, Sec. 1061(e), Dec. 21, 1995, 109 Stat. 720, provided that:

"(a) In General. - The Secretary of Health and Human Services (in

this section referred to as the 'Secretary') is authorized to make

grants to States for projects designed to demonstrate and test the

feasibility of special procedures and services to ensure that

homeless individuals are provided SSI and other benefits under the

Social Security Act [this chapter] to which they are entitled and

receive assistance in using such benefits to obtain permanent

housing, food, and health care. Each project approved under this

section shall meet such conditions and requirements, consistent

with this section, as the Secretary shall prescribe.

"(b) Scope of Projects. - Projects for which grants are made

under this section shall include, more specifically, procedures and

services to overcome barriers which prevent homeless individuals

(particularly the chronically mentally ill) from receiving and

appropriately using benefits, including -

"(1) the creation of cooperative approaches between the Social

Security Administration, State and local governments, shelters

for the homeless, and other providers of services to the

homeless;

"(2) the establishment, where appropriate, of multi-agency SSI

Outreach Teams (as described in subsection (c)), to facilitate

communication between the agencies and staff involved in taking

and processing claims for SSI and other benefits by the homeless

who use shelters;

"(3) special efforts to identify homeless individuals who are

potentially eligible for SSI or other benefits under the Social

Security Act [this chapter];

"(4) the provision of special assistance to the homeless in

applying for benefits, including assistance in obtaining and

developing evidence of disability and supporting documentation

for nondisability-related eligibility requirements;

"(5) the provision of special training and assistance to public

and private agency staff, including shelter employees, on

disability eligibility procedures and evidentiary requirements;

"(6) the provision of ongoing assistance to formerly homeless

individuals to ensure their responding to information requests

related to periodic redeterminations of eligibility for SSI and

other benefits;

"(7) the provision of assistance in ensuring appropriate use of

benefit funds for the purpose of enabling homeless individuals to

obtain permanent housing, nutrition, and physical and mental

health care, including the use, where appropriate, of the

disabled individual's representative payee for case management

services; and

"(8) such other procedures and services as the Secretary may

approve.

"(c) SSI Outreach Team Projects. - (1) If a State applies for

funds under this section for the purpose of establishing a

multi-agency SSI Outreach Team, the membership and functions of

such Team shall be as follows (except as provided in paragraph

(2)):

"(A) The membership of the Team shall include a social services

case worker (or case workers, if necessary); a consultative

medical examiner who is qualified to provide consultative

examinations for the Disability Determination Service of the

State; a disability examiner, from the State Disability

Determination Service; and a claims representative from an office

of the Social Security Administration.

"(B) The Team shall have designated members responsible for -

"(i) identification of homeless individuals who are

potentially eligible for SSI or other benefits under the Social

Security Act [this chapter];

"(ii) ensuring that such individuals understand their rights

under the programs;

"(iii) assisting such individuals in applying for benefits,

including assistance in obtaining and developing evidence and

supporting documentation relating to disability- and

nondisability-related eligibility requirements;

"(iv) arranging transportation and accompanying applicants to

necessary examinations, if needed; and

"(v) providing for the tracking and monitoring of all claims

for benefits by individuals under the project.

"(2) If the Secretary determines that an application by a State

for an SSI Outreach Team Project under this section which

proposes a membership and functions for such Team different from

those prescribed in paragraph (1) but which is expected to be as

effective, the Secretary may waive the requirements of such

paragraph.

[(d) Repealed. Pub. L. 104-66, title I, Sec. 1061(e), Dec. 21,

1995, 109 Stat. 720.]

"(e) Authorization of Appropriations. - To carry out this

section, there are authorized to be appropriated to the Secretary -

"(A) the sum of $1,250,000 for the fiscal year 1988;

"(B) the sum of $2,500,000 for the fiscal year 1989; and

"(C) such sums as may be necessary for each fiscal year

thereafter."

NOTIFICATION OF ADJUSTMENT OF BENEFITS BY SECRETARY

Section 2612(b) of Pub. L. 98-369 provided that: "If an

adjustment referred to in section 1631(b)(1) of the Social Security

Act [subsec. (b)(1) of this section] is in effect with respect to

an individual or eligible spouse on the effective date of this

subsection [Oct. 1, 1984], and the amount of such adjustment for a

month is greater than the amount described in section

1631(b)(1)(B)(ii) of such Act [subsec. (b)(1)(B)(ii) of this

section], as added by subsection (a), the Secretary shall notify

the individual whose benefits are being adjusted, in writing, of

his or her right to have the adjustment reduced to the amount

described in such section 1631(b)(1)(B)(ii)."

PAYMENT OF COSTS OF REHABILITATION SERVICES

Amendment to sections 422 and 1382d of this title by section

11(a), (b) of Pub. L. 98-460 applicable with respect to individuals

who receive benefits as a result of section 425(b) or section

1383(a)(6) of this title, or who refuse to continue to accept

rehabilitation services or fail to cooperate in an approved

vocational rehabilitation program, in or after the first month

following October 1984, see section 11(c) of Pub. L. 98-460, set

out as an Effective Date of 1984 Amendment note under section 422

of this title.

HEARING EXAMINERS APPOINTED PRIOR TO JANUARY 2, 1976

Pub. L. 95-216, title III, Sec. 371, Dec. 20, 1977, 91 Stat.

1559, provided that: "The persons who were appointed to serve as

hearing examiners under section 1631(d)(2) of the Social Security

Act [subsec. (d)(2) of this section] (as in effect prior to January

2, 1976), and who by section 3 of Public Law 94-202 [set out as a

note under this section] were deemed to be appointed under section

3105 of title 5, United States Code (with such appointments

terminating no later than at the close of the period ending

December 31, 1978), shall be deemed appointed to career-absolute

positions as hearing examiners under and in accordance with section

3105 of title 5, United States Code, with the same authority and

tenure (without regard to the expiration of such period) as hearing

examiners appointed directly under such section 3105, and shall

receive compensation at the same rate as hearing examiners

appointed by the Secretary of Health, Education, and Welfare [now

Health and Human Services] directly under such section 3105. All of

the provisions of title 5, United States Code and the regulations

promulgated pursuant thereto, which are applicable to hearing

examiners appointed under such section 3105, shall apply to the

persons described in the preceding sentence."

Section 3 of Pub. L. 94-202 provided that: "The persons appointed

under section 1631(d)(2) of the Social Security Act [subsec. (d)(2)

of this section] (as in effect prior to the enactment of this Act)

to serve as hearing examiners in hearings under section 1631(c) of

such Act [subsec. (c) of this section] may conduct hearings under

titles II, XVI, and XVIII of the Social Security Act [subchapters

II, XVI, and XVIII of this chapter] if the Secretary of Health,

Education, and Welfare [now Health and Human Services] finds it

will promote the achievement of the objectives of such titles

[subchapters], notwithstanding the fact that their appointments

were made without meeting the requirements for hearing examiners

appointed under section 3105 of title 5, United States Code but

their appointments shall terminate not later than at the close of

the period ending December 31, 1978, and during that period they

shall be deemed to be hearing examiners appointed under such

section 3105 and subject as such to subchapter II of chapter 5 of

title 5, United States Code, to the second sentence of such section

3105, and to all of the other provisions of such title 5 which

apply to hearing examiners appointed under such section 3105."

PRESUMPTIVE DISABILITY BENEFITS; TIME EXTENSION

Pub. L. 93-256, Sec. 1, Mar. 28, 1974, 88 Stat. 52, provided:

"That any individual who would be considered disabled under section

1614(a)(3)(E) of the Social Security Act [section 1382c(a)(3)(E) of

this title] except that he did not receive aid under the

appropriate State plan for at least one month prior to July 1973

may be considered to be presumptively disabled under section

1631(a)(4)(B) of that Act [subsec. (a)(4)(B) of this section] and

may be paid supplemental security income benefits under title XVI

of that Act [this subchapter] on the basis of such presumptive

disability, and State supplementary payments under section 212 of

Public Law 93-66 [set out as a note under section 1382 of this

title] as though he had been determined to be disabled within the

meaning of section 1614(a)(3) of the Social Security Act [section

1382c(a)(3) of this title], for any month in calendar year 1974 for

which it has been determined that he is otherwise eligible for such

benefits, without regard to the three-month limitation in section

1631(a)(4)(B) of that Act [subsec. (a)(4)(B) of this section] on

the period for which benefits may be paid to presumptively disabled

individuals, except that no such benefits may be paid on the basis

of such presumptive disability for any month after the month in

which the Secretary of Health, Education, and Welfare [now Health

and Human Services] has made a determination as to whether such

individual is disabled, as defined in section 1614(a)(3)(A) of that

Act [section 1382c(a)(3)(A) of this title]."

APPLICATION TO NORTHERN MARIANA ISLANDS

For applicability of this section to the Northern Mariana

Islands, see section 502(a)(1) of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America and Proc. No. 4534, Oct. 24,

1977, 42 F.R. 6593, set out as notes under section 1801 of Title

48, Territories and Insular Possessions.

PUERTO RICO, GUAM, AND VIRGIN ISLANDS

Enactment of section 1603 of the Social Security Act [this

section] by Pub. L. 92-603, eff. Jan. 1, 1974, was not applicable

to Puerto Rico, Guam, and the Virgin Islands. See section 303(b) of

Pub. L. 92-603, set out as a note under section 301 of this title.

Therefore, as to Puerto Rico, Guam, and the Virgin Islands, section

1603 of the Social Security Act [this section] as it existed prior

to reenactment by Pub. L. 92-603, and as amended, continues to

apply and reads as follows:

Sec. 1383. Payments to States; quarterly expenditures to exceed

average of total expenditures for each quarter of fiscal year

ending June 30, 1965

(a) From the sums appropriated therefor, the Commissioner of

Social Security shall pay to each State which has a plan approved

under this subchapter, for each quarter, beginning with the quarter

commencing October 1, 1962 -

(1) Repealed. Pub. L. 97-35, title XXI, Sec. 2184(d)(5)(A),

Aug. 13, 1981, 95 Stat. 818.

(2) in the case of Puerto Rico, the Virgin Islands, and Guam,

an amount equal to -

(A) one-half of the total of the sums expended during such

quarter as aid to the aged, blind, or disabled under the State

plan, not counting so much of any expenditure with respect to

any month as exceeds $37.50 multiplied by the total number of

recipients of aid to the aged, blind, or disabled for such

month; plus

(B) one-half of the amount by which such expenditures exceed

the maximum which may be counted under clause (A), not counting

so much of any expenditure with respect to any month as exceeds

the product of $45 multiplied by the total number of such

recipients of aid to the aged, blind, or disabled for such

month; and

(3) Repealed. Pub. L. 97-35, title XXI, Sec. 2184(d)(5)(A),

Aug. 13, 1981, 95 Stat. 818.

(4) in the case of any State, an amount equal to 50 percent of

the total amounts expended during such quarter as found necessary

by the Commissioner of Social Security for the proper and

efficient administration of the State plan.

(b)(1) Prior to the beginning of each quarter, the Commissioner

of Social Security shall estimate the amount to which a State will

be entitled under subsection (a) of this section for such quarter,

such estimates to be based on (A) a report filed by the State

containing its estimate of the total sum to be expended in such

quarter in accordance with the provisions of such subsection, and

stating the amount appropriated or made available by the State and

its political subdivisions for such expenditures in such quarter,

and if such amount is less than the State's proportionate share of

the total sum of such estimated expenditures, the source or sources

from which the difference is expected to be derived, and (B) such

other investigation as the Commissioner of Social Security may find

necessary.

(2) The Commissioner of Social Security shall then pay, in such

installments as the Commissioner may determine, to the State the

amount so estimated, reduced or increased to the extent of any

overpayment or underpayment which the Commissioner of Social

Security determines was made under this section to such State for

any prior quarter and with respect to which adjustment has not

already been made under this subsection.

(3) The pro rata share to which the United States is equitably

entitled, as determined by the Commissioner of Social Security, of

the net amount recovered during any quarter by the State or any

political subdivision thereof with respect to aid or assistance

furnished under the State plan, but excluding any amount of such

aid or assistance recovered from the estate of a deceased recipient

which is not in excess of the amount expended by the State or any

political subdivision thereof for the funeral expenses of the

deceased, shall be considered an overpayment to be adjusted under

this subsection.

(4) Upon the making of any estimate by the Commissioner of Social

Security under this subsection, any appropriations available for

payments under this section shall be deemed obligated.

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1603, as added Pub. L.

87-543, title I, Sec. 141(a), July 25, 1962, 76 Stat. 200; amended

Pub. L. 89-97, title I, Sec. 122, title II, Sec. 221(d)(4), title

IV, Sec. 401(b), July 30, 1965, 79 Stat. 353, 359, 414; Pub. L.

90-248, title II, Sec. 212(d), Jan. 2, 1968, 81 Stat. 898; Pub. L.

92-512, title III, Sec. 301(b), (d), Oct. 20, 1972, 86 Stat. 946,

947; Pub. L. 93-647, Secs. 3(e)(2), 5(e), Jan. 4, 1975, 88 Stat.

2349, 2350; Pub. L. 97-35, title XXI, Sec. 2184(d)(5), title XXIII,

Sec. 2353(m)(2), (3), Aug. 13, 1981, 95 Stat. 818, 873; Pub. L.

99-603, title I, Sec. 121(b)(4), Nov. 6, 1986, 100 Stat. 3391; Pub.

L. 103-66, title XIII, Sec. 13741(b), Aug. 10, 1993, 107 Stat. 663;

Pub. L. 103-296, title I, Sec. 107(a)(4), Aug. 15, 1994, 108 Stat.

1478.)

[Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as an

Effective Date of 1994 Amendment note under section 401 of this

title.]

[Amendment by Pub. L. 103-66 effective with respect to calendar

quarters beginning on or after Apr. 1, 1994, with special rule for

States whose legislature meets biennially, and does not have

regular session scheduled in calendar year 1994, see section

13741(c) of Pub. L. 103-66, set out as an Effective Date of 1993

Amendment note under section 303 of this title.]

[Amendment by Pub. L. 99-603 effective Oct. 1, 1987, see section

121(c)(2) of Pub. L. 99-603, set out as an Effective Date of 1986

Amendment note under section 502 of this title.]

REIMBURSEMENT FOR ERRONEOUS STATE SUPPLEMENTARY PAYMENTS;

AUTHORIZATION OF APPROPRIATIONS

Pub. L. 95-216, title IV, Sec. 405, Dec. 20, 1977, 91 Stat. 1564,

provided that:

"(a) Notwithstanding any other provision of law, the Secretary of

Health, Education, and Welfare [now Health and Human Services] is

authorized and directed to pay to each State an amount equal to the

amount expended by such State for erroneous supplementary payments

to aged, blind, or disabled individuals whenever, and to the extent

to which, the Secretary through an audit by the Department of

Health, Education, and Welfare [now Health and Human Services]

which has been reviewed and concurred in by the Inspector General

of such department determines that -

"(1) such amount was paid by such State as a supplementary

payment during the calendar year 1974 pursuant to an agreement

between the State and the Secretary required by section 212 of

the Act entitled 'An Act to extend the Renegotiation Act of 1951

for one year, and for other purposes', approved July 9, 1973,

[set out as a note under section 1382 of this title], or such

amount was paid by such State as an optional State

supplementation, as defined in section 1616 of the Social

Security Act [section 1382 of this title], during the calendar

year 1974,

"(2) the erroneous payments were the result of good faith

reliance by such State upon erroneous or incomplete information

supplied by the Department of Health, Education, and Welfare [now

Health and Human Services], through the State data exchange, or

good faith reliance upon incorrect supplemental security income

benefit payments made by such department, and

"(3) recovery of the erroneous payments by such State would be

impossible or unreasonable.

"(b) There are authorized to be appropriated such sums as are

necessary to carry out the provisions of this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290cc-22, 405, 909, 1007,

1306a, 1318, 1319, 1320a-8, 1382, 1382a, 1382b, 1382c, 1382d,

1382h, 1382j, 1383a, 1383e, 1396a of this title; title 31 sections

3701, 3716.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1383a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part B - Procedural and General Provisions

-HEAD-

Sec. 1383a. Fraudulent acts; penalties; restitution

-STATUTE-

(a) Whoever -

(1) knowingly and willfully makes or causes to be made any

false statement or representation of a material fact in any

application for any benefit under this subchapter,

(2) at any time knowingly and willfully makes or causes to be

made any false statement or representation of a material fact for

use in determining rights to any such benefit,

(3) having knowledge of the occurrence of any event affecting

(A) his initial or continued right to any such benefit, or (B)

the initial or continued right to any such benefit of any other

individual in whose behalf he has applied for or is receiving

such benefit, conceals or fails to disclose such event with an

intent fraudulently to secure such benefit either in a greater

amount or quantity than is due or when no such benefit is

authorized, or

(4) having made application to receive any such benefit for the

use and benefit of another and having received it, knowingly and

willfully converts such benefit or any part thereof to a use

other than for the use and benefit of such other person,

shall be fined under title 18, imprisoned not more than 5 years, or

both.

(b)(1) If a person or entity violates subsection (a) of this

section in the person's or entity's role as, or in applying to

become, a representative payee under section 1383(a)(2) of this

title on behalf of another individual (other than the person's

eligible spouse), and the violation includes a willful misuse of

funds by the person or entity, the court may also require that full

or partial restitution of funds be made to such other individual.

(2) Any person or entity convicted of a violation of subsection

(a) of this section or of section 408 of this title may not be

certified as a representative payee under section 1383(a)(2) of

this title.

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1632, as added Pub. L.

92-603, title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1478; amended

Pub. L. 98-460, Sec. 16(c)(1), Oct. 9, 1984, 98 Stat. 1810; Pub. L.

103-296, title II, Sec. 206(c)(1), (2), Aug. 15, 1994, 108 Stat.

1513.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-296, Sec. 206(c)(1), inserted

closing provisions and struck out former closing provisions which

read as follows: "shall be guilty of a misdemeanor and upon

conviction thereof shall be fined not more than $1,000 or

imprisoned for not more than one year, or both."

Subsec. (b). Pub. L. 103-296, Sec. 206(c)(2), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows:

"(b)(1) Any person or other entity who is convicted of a

violation of any of the provisions of paragraphs (1) through (4) of

subsection (a) of this section, if such violation is committed by

such person or entity in his role as, or in applying to become, a

payee under section 1383(a)(2) of this title on behalf of another

individual (other than such person's eligible spouse), in lieu of

the penalty set forth in subsection (a) of this section -

"(A) upon his first such conviction, shall be guilty of a

misdemeanor and shall be fined not more than $5,000 or imprisoned

for not more than one year, or both; and

"(B) upon his second or any subsequent such conviction, shall

be guilty of a felony and shall be fined not more than $25,000 or

imprisoned for not more than five years, or both.

"(2) In any case in which the court determines that a violation

described in paragraph (1) includes a willful misuse of funds by

such person or entity, the court may also require that full or

partial restitution of such funds be made to the individual for

whom such person or entity was the certified payee.

"(3) Any person or entity convicted of a felony under this

section or under section 408 of this title may not be certified as

a payee under section 1383(a)(2) of this title."

1984 - Pub. L. 98-460 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1994 AMENDMENT

Section 206(c)(3) of Pub. L. 103-296 provided that: "The

amendments made by this subsection [amending this section] shall

apply to conduct occurring on or after October 1, 1994."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-460 effective Oct. 9, 1984, and

applicable with respect to violations occurring on or after such

date, see section 16(d) of Pub. L. 98-460, set out as a note under

section 405 of this title.

EFFECTIVE DATE

Section 301 of Pub. L. 92-603 provided that this section is

effective Jan. 1, 1974.

APPLICATION TO NORTHERN MARIANA ISLANDS

For applicability of this section to the Northern Mariana

Islands, see section 502(a)(1) of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America and Proc. No. 4534, Oct. 24,

1977, 42 F.R. 6593, set out as notes under section 1801 of Title

48, Territories and Insular Possessions.

PUERTO RICO, GUAM, AND VIRGIN ISLANDS

Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not

applicable to Puerto Rico, Guam, and the Virgin Islands, see

section 303(b) of Pub. L. 92-603, set out as a note under section

301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 405, 408, 1007, 1320b-6,

1383 of this title.

-End-

-CITE-

42 USC Sec. 1383b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part B - Procedural and General Provisions

-HEAD-

Sec. 1383b. Administration

-STATUTE-

(a) Authority of Commissioner

Subject to subsection (b) of this section, the Commissioner of

Social Security may make such administrative and other arrangements

(including arrangements for the determination of blindness and

disability under section 1382c(a)(2) and (3) of this title in the

same manner and subject to the same conditions as provided with

respect to disability determinations under section 421 of this

title) as may be necessary or appropriate to carry out the

Commissioner's functions under this subchapter.

(b) Examination to determine blindness

In determining, for purposes of this subchapter, whether an

individual is blind, there shall be an examination of such

individual by a physician skilled in the diseases of the eye or by

an optometrist, whichever the individual may select.

(c) Notification of review

(1) In any case in which the Commissioner of Social Security

initiates a review under this subchapter, similar to the continuing

disability reviews authorized for purposes of subchapter II of this

chapter under section 421(i) of this title, the Commissioner of

Social Security shall notify the individual whose case is to be

reviewed in the same manner as required under section 421(i)(4) of

this title.

(2) For suspension of continuing disability reviews and other

reviews under this subchapter similar to reviews under section 421

of this title in the case of an individual using a ticket to work

and self-sufficiency, see section 1320b-19(i) of this title.

(d) Regulations regarding completion of plans for achieving

self-support

The Commissioner of Social Security shall establish by regulation

criteria for time limits and other criteria related to individuals'

plans for achieving self-support, that take into account -

(1) the length of time that the individual will need to achieve

the individual's employment goal (within such reasonable period

as the Commissioner of Social Security may establish); and

(2) other factors determined by the Commissioner of Social

Security to be appropriate.

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1633, as added Pub. L.

92-603, title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1478; amended

Pub. L. 93-66, title II, Sec. 214, July 9, 1973, 87 Stat. 158; Pub.

L. 98-460, Sec. 6(b), Oct. 9, 1984, 98 Stat. 1802; Pub. L. 103-296,

title I, Sec. 107(a)(4), title II, Sec. 203(a), Aug. 15, 1994, 108

Stat. 1478, 1508; Pub. L. 106-170, title I, Sec. 101(b)(2)(D), Dec.

17, 1999, 113 Stat. 1874.)

-MISC1-

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-170 designated existing

provisions as par. (1) and added par. (2).

1994 - Subsec. (a). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" and "the

Commissioner's" for "his".

Subsec. (c). Pub. L. 103-296, Sec. 107(a)(4), substituted

"Commissioner of Social Security" for "Secretary" in two places.

Subsec. (d). Pub. L. 103-296, Sec. 203(a), added subsec. (d).

Pub. L. 103-296, Sec. 107(a)(4), in subsec. (d) as added by Pub.

L. 103-296, Sec. 203(a), substituted "Commissioner of Social

Security" for "Secretary" wherever appearing.

1984 - Subsec. (c). Pub. L. 98-460 added subsec. (c).

1973 - Subsec. (a). Pub. L. 93-66, Sec. 214(1), (2), designated

existing provisions as subsec. (a) and made the authority of the

Secretary subject to subsec. (b) of this section.

Subsec. (b). Pub. L. 93-66, Sec. 214(3), added subsec. (b).

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-170 effective with the first month

following one year after Dec. 17, 1999, subject to section 101(d)

of Pub. L. 106-170, see section 101(c) of Pub. L. 106-170, set out

as an Effective Date note under section 1320b-19 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note

under section 401 of this title.

Section 203(b) of Pub. L. 103-296 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

January 1, 1995."

EFFECTIVE DATE

Section 301 of Pub. L. 92-603 provided that this section is

effective Jan. 1, 1974.

INSTITUTION OF NOTIFICATION SYSTEM

For provisions requiring the Secretary to institute the system of

notification required by subsec. (c) of this section as soon as

practicable after Oct. 9, 1984, see section 6(c) of Pub. L. 98-460,

set out as a note under section 421 of this title.

FEDERAL PROGRAM OF SUPPLEMENTAL SECURITY INCOME; PREFERENCE FOR

PRESENT STATE AND LOCAL EMPLOYEES

Section 213 of Pub. L. 93-66 provided that: "The Secretary of

Health, Education, and Welfare [now Health and Human Services] in

the recruitment and selection for employment of personnel whose

services will be utilized in the administration of the Federal

program of supplemental security income for the aged, blind, and

disabled (established by title XVI of the Social Security Act [this

subchapter]), shall give a preference, as among applicants whose

qualifications are reasonably equal (subject to any preferences

conferred by law or regulation on individuals who have been Federal

employees and have been displaced from such employment), to

applicants for employment who are or were employed in the

administration of any State program approved under title I, X, XIV,

or XVI of such Act [subchapter I, X, XIV, or XVI of this chapter]

and are or were involuntarily displaced from their employment as a

result of the displacement of such State program by such Federal

program."

APPLICATION TO NORTHERN MARIANA ISLANDS

For applicability of this section to the Northern Mariana

Islands, see section 502(a)(1) of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America and Proc. No. 4534, Oct. 24,

1977, 42 F.R. 6593, set out as notes under section 1801 of Title

48, Territories and Insular Possessions.

PUERTO RICO, GUAM, AND VIRGIN ISLANDS

Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not

applicable to Puerto Rico, Guam, and the Virgin Islands, see

section 303(b) of Pub. L. 92-603, set out as a note under section

301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1320b-6 of this title.

-End-

-CITE-

42 USC Sec. 1383c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part B - Procedural and General Provisions

-HEAD-

Sec. 1383c. Eligibility for medical assistance of aged, blind, or

disabled individuals under State's medical assistance plan

-STATUTE-

(a) Determination by Commissioner pursuant to agreement between

Commissioner and State; costs

The Commissioner of Social Security may enter into an agreement

with any State which wishes to do so under which the Commissioner

will determine eligibility for medical assistance in the case of

aged, blind, or disabled individuals under such State's plan

approved under subchapter XIX of this chapter. Any such agreement

shall provide for payments by the State, for use by the

Commissioner of Social Security in carrying out the agreement, of

an amount equal to one-half of the cost of carrying out the

agreement, but in computing such cost with respect to individuals

eligible for benefits under this subchapter, the Commissioner of

Social Security shall include only those costs which are additional

to the costs incurred in carrying out this subchapter.

(b) Preservation of benefit status for certain disabled widows and

widowers

(1) An eligible disabled widow or widower (described in paragraph

(2)) who is entitled to a widow's or widower's insurance benefit

based on a disability for any month under section 402(e) or (f) of

this title but is not eligible for benefits under this subchapter

in that month, and who applies for the protection of this

subsection under paragraph (3), shall be deemed for purposes of

subchapter XIX of this chapter to be an individual with respect to

whom benefits under this subchapter are paid in that month if he or

she -

(A) has been continuously entitled to such widow's or widower's

insurance benefits from the first month for which the increase

described in paragraph (2)(C) was reflected in such benefits

through the month involved, and

(B) would be eligible for benefits under this subchapter in the

month involved if the amount of the increase described in

paragraph (2)(C) in his or her widow's or widower's insurance

benefits, and any subsequent cost-of-living adjustments in such

benefits under section 415(i) of this title, were disregarded.

(2) For purposes of paragraph (1), the term "eligible disabled

widow or widower" means an individual who -

(A) was entitled to a monthly insurance benefit under

subchapter II of this chapter for December 1983,

(B) was entitled to a widow's or widower's insurance benefit

based on a disability under section 402(e) or (f) of this title

for January 1984 and with respect to whom a benefit under this

subchapter was paid in that month, and

(C) because of the increase in the amount of his or her widow's

or widower's insurance benefits which resulted from the

amendments made by section 134 of the Social Security Amendments

of 1983 (Public Law 98-21) (eliminating the additional reduction

factor for disabled widows and widowers under age 60), was

ineligible for benefits under this subchapter in the first month

in which such increase was paid to him or her (and in which a

retroactive payment of such increase for prior months was not

made).

(3) This subsection shall only apply to an individual who files a

written application for protection under this subsection, in such

manner and form as the Commissioner of Social Security may

prescribe, no later than July 1, 1988.

(4) For purposes of this subsection, the term "benefits under

this subchapter" includes payments of the type described in section

1382e(a) of this title or of the type described in section 212(a)

of Public Law 93-66.

(c) Loss of benefits upon entitlement to child's insurance benefits

based on disability

If any individual who has attained the age of 18 and is receiving

benefits under this subchapter on the basis of blindness or a

disability which began before he or she attained the age of 22 -

(1) becomes entitled, on or after the effective date of this

subsection, to child's insurance benefits which are payable under

section 402(d) of this title on the basis of such disability or

to an increase in the amount of the child's insurance benefits

which are so payable, and

(2) ceases to be eligible for benefits under this subchapter

because of such child's insurance benefits or because of the

increase in such child's insurance benefits,

such individual shall be treated for purposes of subchapter XIX of

this chapter as receiving benefits under this subchapter so long as

he or she would be eligible for benefits under this subchapter in

the absence of such child's insurance benefits or such increase.

(d) Retention of medicaid when SSI benefits are lost upon

entitlement to early widow's or widower's insurance benefits

(1) This subsection applies with respect to any person who -

(A) applies for and obtains benefits under subsection (e) or

(f) of section 402 of this title (or under any other subsection

of section 402 of this title if such person is also eligible for

benefits under such subsection (e) or (f) of this section) being

then not entitled to hospital insurance benefits under part A of

subchapter XVIII of this chapter, and

(B) is determined to be ineligible (by reason of the receipt of

such benefits under section 402 of this title) for supplemental

security income benefits under this subchapter or for State

supplementary payments of the type described in section 1382e(a)

of this title (or payments of the type described in section

212(a) of Public Law 93-66).

(2) For purposes of subchapter XIX of this chapter, each person

with respect to whom this subsection applies -

(A) shall be deemed to be a recipient of supplemental security

income benefits under this subchapter if such person received

such a benefit for the month before the month in which such

person began to receive a benefit described in paragraph (1)(A),

and

(B) shall be deemed to be a recipient of State supplementary

payments of the type referred to in section 1382e(a) of this

title (or payments of the type described in section 212(a) of

Public Law 93-66) if such person received such a payment for the

month before the month in which such person began to receive a

benefit described in paragraph (1)(A),

for so long as such person (i) would be eligible for such

supplemental security income benefits, or such State supplementary

payments (or payments of the type described in section 212(a) of

Public Law 93-66), in the absence of benefits described in

paragraph (1)(A), and (ii) is not entitled to hospital insurance

benefits under part A of subchapter XVIII of this chapter.

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1634, as added Pub. L.

92-603, title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1478; amended

Pub. L. 99-272, title XII, Sec. 12202(a), Apr. 7, 1986, 100 Stat.

290; Pub. L. 99-643, Sec. 6(a), Nov. 10, 1986, 100 Stat. 3578; Pub.

L. 100-203, title IX, Secs. 9108, 9116(a), Dec. 22, 1987, 101 Stat.

1330-302, 1330-305; Pub. L. 101-508, title V, Sec. 5103(c)(1), Nov.

5, 1990, 104 Stat. 1388-251; Pub. L. 103-296, title I, Sec.

107(a)(4), title II, Sec. 201(b)(3)(D), Aug. 15, 1994, 108 Stat.

1478, 1504; Pub. L. 104-121, title I, Sec. 105(b)(4)(B), Mar. 29,

1996, 110 Stat. 854.)

-REFTEXT-

REFERENCES IN TEXT

Section 134 of the Social Security Amendments of 1983 (Public Law

98-21), referred to in subsec. (b)(2)(C), is section 134 of Pub. L.

98-21, title I, Apr. 20, 1983, 97 Stat. 97, which amended section

402 of this title and enacted provisions set out as a note under

section 402 of this title.

Section 212(a) of Public Law 93-66, referred to in subsecs.

(b)(4) and (d)(1)(B), (2), is section 212(a) of Pub. L. 93-66,

title II, July 9, 1973, 87 Stat. 155, as amended, which is set out

as a note under section 1382 of this title.

The effective date of this subsection, referred to in subsec.

(c)(1), is July 1, 1987, except as otherwise provided. See section

10(b) of Pub. L. 99-643, set out as an Effective Date of 1986

Amendments note under section 1396a of this title.

Part A of subchapter XVIII of this chapter, referred to in

subsec. (d)(2), is classified to section 1395c et seq. of this

title.

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-121 struck out subsec. (e) which

read as follows: "Each person to whom benefits under this

subchapter by reason of disability are not payable for any month

solely by reason of clause (i) or (v) of section 1382(e)(3)(A) of

this title shall be treated, for purposes of subchapter XIX of this

chapter, as receiving benefits under this subchapter for the

month."

1994 - Subsecs. (a), (b)(3). Pub. L. 103-296, Sec. 107(a)(4),

substituted "Commissioner of Social Security" for "Secretary"

wherever appearing and "the Commissioner will" for "he will" in

subsec. (a).

Subsec. (e). Pub. L. 103-296, Sec. 201(b)(3)(D), added subsec.

(e).

1990 - Subsec. (d). Pub. L. 101-508 designated existing

provisions as par. (1), substituted "This subsection applies with

respect to any person who - " for "If any person - " in

introductory provisions, redesignated former pars. (1) and (2) as

subpars. (A) and (B), respectively, in subpar. (A) substituted

"being then not entitled" for "as required by section 1382(e)(2) of

this title, being then at least 60 years of age but not entitled",

in subpar. (B) substituted "section 1382e(a) of this title (or

payments of the type described in section 212(a) of Public Law

93-66)." for "section 1382e(a) of this title," and substituted par.

(2) for former concluding provisions which read as follows: "such

person shall nevertheless be deemed to be a recipient of

supplemental security income benefits under this subchapter for

purposes of subchapter XIX of this chapter, so long as he or she

(A) would be eligible for such supplemental security income

benefits, or such State supplementary payments, in the absence of

such benefits under section 402 of this title, and (B) is not

entitled to hospital insurance benefits under part A of subchapter

XVIII of this chapter."

1987 - Subsec. (b)(3). Pub. L. 100-203, Sec. 9108, substituted

"no later than July 1, 1988" for "during the 15-month period

beginning with the month in which this subsection is enacted [April

1986]".

Subsec. (d). Pub. L. 100-203, Sec. 9116(a), added subsec. (d).

1986 - Subsec. (a). Pub. L. 99-272, Sec. 12202(a)(1), designated

existing provisions as subsec. (a).

Subsec. (b). Pub. L. 99-272, Sec. 12202(a)(2), added subsec. (b).

Subsec. (c). Pub. L. 99-643 added subsec. (c).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-121 applicable to any individual who

applies for, or whose claim is finally adjudicated with respect to,

supplemental security income benefits under this subchapter based

on disability on or after Mar. 29, 1996, with special rule in case

of any individual who has applied for, and whose claim has been

finally adjudicated with respect to, such benefits before Mar. 29,

1996, see section 105(b)(5) of Pub. L. 104-121, set out as a note

under section 1382 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.

31, 1995, see section 110(a) of Pub. L. 103-296, set out as a note

under section 401 of this title.

Amendment by section 201(b)(3)(D) of Pub. L. 103-296 applicable

with respect to supplemental security income benefits under this

subchapter by reason of disability which are otherwise payable in

months beginning after 180 days after Aug. 15, 1994, with Secretary

of Health and Human Services to issue regulations necessary to

carry out such amendment not later than 180 days after Aug. 15,

1994, see section 201(b)(3)(E)(i) of Pub. L. 103-296, set out as a

note under section 1382 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 applicable with respect to medical

assistance provided after December 1990, see section 5103(e) of

Pub. L. 101-508, set out as a note under section 402 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Section 9108 of Pub. L. 100-203 provided that the amendment made

by that section is effective July 1, 1987.

Section 9116(e) of Pub. L. 100-203 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to any individual without regard to whether the

determination of his or her ineligibility for supplemental security

income benefits by reason of the receipt of benefits under section

202 of the Social Security Act [section 402 of this title] (as

described in section 1634(d)(2) of such Act [subsec. (d)(2) of this

section]) occurred before, on, or after the date of the enactment

of this Act [Dec. 22, 1987]; but no individual shall be eligible

for assistance under title XIX of such Act [subchapter XIX of this

chapter] by reason of such amendments for any period before July 1,

1988."

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by Pub. L. 99-643 effective July 1, 1987, except as

otherwise provided, see section 10(b) of Pub. L. 99-643, set out as

a note under section 1396a of this title.

Section 12202(c) of Pub. L. 99-272 provided that: "The amendment

made by subsection (a)(2) [amending this section] shall not have

the effect of deeming an individual eligible for medical assistance

for any month which begins less than two months after the date of

the enactment of this Act [Apr. 7, 1986]."

EFFECTIVE DATE

Section 301 of Pub. L. 92-603 provided that this section is

effective Jan. 1, 1974.

NOTICE OF POSSIBLE ELIGIBILITY FOR MEDICAID ASSISTANCE

Section 9116(b) of Pub. L. 100-203 provided that: "The Secretary

of Health and Human Services, acting through the Social Security

Administration, shall (within 3 months after the date of the

enactment of this Act [Dec. 22, 1987]) issue a notice to all

individuals who will have attained age 60 but not age 65 as of

April 1, 1988, and who received supplemental security income

benefits under title XVI of the Social Security Act [this

subchapter] prior to attaining age 60 but lost those benefits by

reason of the receipt of widow's or widower's insurance benefits

(or other benefits as described in section 1634(d)(1) of that Act

[subsec. (d)(1) of this section] as added by subsection (a) of this

section) under title II of that Act [subchapter II of this

chapter]. Each such notice shall set forth and explain the

provisions of section 1634(d) of the Social Security Act (as so

added), and shall inform the individual that he or she should

contact the Secretary or the appropriate State agency concerning

his or her possible eligibility for medical assistance benefits

under such title XIX [subchapter XIX of this chapter]."

STATE DETERMINATIONS

Section 9116(c) of Pub. L. 100-203 provided that: "Any

determination required under section 1634(d) of the Social Security

Act [subsec. (d) of this section] with respect to whether an

individual would be eligible for benefits under title XVI of such

Act [this subchapter] (or State supplementary payments) in the

absence of benefits under section 202 [section 402 of this title]

shall be made by the appropriate State agency."

Section 6(b) of Pub. L. 99-643 provided that: "Any determination

required under section 1634(c) of the Social Security Act [subsec.

(c) of this section] with respect to whether an individual would be

eligible for benefits under title XVI of such Act [this subchapter]

in the absence of children's benefits (or an increase thereof)

shall be made by the appropriate State agency."

IDENTIFICATION OF POTENTIAL BENEFICIARIES UNDER SUBSECTION (B) OF

THIS SECTION

Section 12202(b) of Pub. L. 99-272 provided that:

"(1) As soon as possible after the date of the enactment of this

Act [Apr. 7, 1986], the Secretary of Health and Human Services

shall provide each State with the names of all individuals

receiving widow's or widower's insurance benefits under subsection

(e) or (f) of section 202 of the Social Security Act [section

402(e) or (f) of this title] based on a disability who might

qualify for medical assistance under the plan of that State

approved under title XIX of such Act [subchapter XIX of this

chapter] by reason of the application of section 1634(b) of the

Social Security Act [subsec. (b) of this section].

"(2) Each State shall -

"(A) using the information so provided and any other

information it may have, promptly notify all individuals who may

qualify for medical assistance under its plan by reason of such

section 1634(b) of their right to make application for such

assistance,

"(B) solicit their applications for such assistance, and

"(C) make the necessary determination of such individuals'

eligibility for such assistance under such section and under such

title XIX."

APPLICATION TO NORTHERN MARIANA ISLANDS

For applicability of this section to the Northern Mariana

Islands, see section 502(a)(1) of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America and Proc. No. 4534, Oct. 24,

1977, 42 F.R. 6593, set out as notes under section 1801 of Title

48, Territories and Insular Possessions.

PUERTO RICO, GUAM, AND VIRGIN ISLANDS

Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not

applicable to Puerto Rico, Guam, and the Virgin Islands, see

section 303(b) of Pub. L. 92-603, set out as a note under section

301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1396a, 1396b, 1396v of

this title.

-End-

-CITE-

42 USC Sec. 1383d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part B - Procedural and General Provisions

-HEAD-

Sec. 1383d. Outreach program for children

-STATUTE-

(a) Establishment

The Commissioner of Social Security shall establish and conduct

an ongoing program of outreach to children who are potentially

eligible for benefits under this subchapter by reason of disability

or blindness.

(b) Requirements

Under this program, the Commissioner of Social Security shall -

(1) aim outreach efforts at populations for whom such efforts

would be most effective; and

(2) work in cooperation with other Federal, State, and private

agencies, and nonprofit organizations, which serve blind or

disabled individuals and have knowledge of potential recipients

of supplemental security income benefits, and with agencies and

organizations (including school systems and public and private

social service agencies) which focus on the needs of children.

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1635, as added Pub. L.

101-239, title VIII, Sec. 8008(a), Dec. 19, 1989, 103 Stat. 2463;

amended Pub. L. 103-296, title I, Sec. 107(a)(4), Aug. 15, 1994,

108 Stat. 1478.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (a), (b). Pub. L. 103-296 substituted

"Commissioner of Social Security" for "Secretary".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section

110(a) of Pub. L. 103-296, set out as a note under section 401 of

this title.

EFFECTIVE DATE

Section 8008(b) of Pub. L. 101-239 provided that: "The amendment

made by subsection (a) [enacting this section] shall take effect 3

months after the date of the enactment of this Act [Dec. 19,

1989]."

APPLICATION TO NORTHERN MARIANA ISLANDS

For applicability of this section to the Northern Mariana

Islands, see section 502(a)(1) of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America and Proc. No. 4534, Oct. 24,

1977, 42 F.R. 6593, set out as notes under section 1801 of Title

48, Territories and Insular Possessions.

-End-

-CITE-

42 USC Sec. 1383e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part B - Procedural and General Provisions

-HEAD-

Sec. 1383e. Treatment referrals for individuals with alcoholism or

drug addiction condition

-STATUTE-

In the case of any individual whose benefits under this

subchapter are paid to a representative payee pursuant to section

1383(a)(2)(A)(ii)(II) of this title, the Commissioner of Social

Security shall refer such individual to the appropriate State

agency administering the State plan for substance abuse treatment

services approved under subpart II of part B of title XIX of the

Public Health Service Act (42 U.S.C. 300x-21 et seq.).

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1636, as added Pub. L.

104-121, title I, Sec. 105(b)(3), Mar. 29, 1996, 110 Stat. 854.)

-REFTEXT-

REFERENCES IN TEXT

The Public Health Service Act, referred to in text, is act July

1, 1944, ch. 373, 58 Stat. 682, as amended. Subpart II of part B of

title XIX of the Act is classified generally to subpart II (Sec.

300x-21 et seq.) of part B of subchapter XVII of chapter 6A of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 201 of this title and

Tables.

-MISC1-

EFFECTIVE DATE

Section effective July 1, 1996, with respect to any individual

whose claim for benefits is finally adjudicated on or after Mar.

29, 1996, or whose eligibility for benefits is based upon

eligibility redetermination made pursuant to section 105(b)(5)(C)

of Pub. L. 104-121, see section 105(b)(5) of Pub. L. 104-121, as

amended, set out as an Effective Date of 1996 Amendment note under

section 1382 of this title.

-End-

-CITE-

42 USC Sec. 1383f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND

DISABLED

Part B - Procedural and General Provisions

-HEAD-

Sec. 1383f. Annual report on program

-STATUTE-

(a) In general

Not later than May 30 of each year, the Commissioner of Social

Security shall prepare and deliver a report annually to the

President and the Congress regarding the program under this

subchapter, including -

(1) a comprehensive description of the program;

(2) historical and current data on allowances and denials,

including number of applications and allowance rates for initial determinations, reconsideration determinations, administrative

law judge hearings, appeals council reviews, and Federal court

decisions;

(3) historical and current data on characteristics of

recipients and program costs, by recipient group (aged, blind,

disabled adults, and disabled children);

(4) historical and current data on prior enrollment by

recipients in public benefit programs, including State programs

funded under part A of subchapter IV of this chapter and State

general assistance programs;

(5) projections of future number of recipients and program

costs, through at least 25 years;

(6) number of redeterminations and continuing disability

reviews, and the outcomes of such redeterminations and reviews;

(7) data on the utilization of work incentives;

(8) detailed information on administrative and other program

operation costs;

(9) summaries of relevant research undertaken by the Social

Security Administration, or by other researchers;

(10) State supplementation program operations;

(11) a historical summary of statutory changes to this

subchapter; and

(12) such other information as the Commissioner deems useful.

(b) Views of individual members of Social Security Advisory Board

Each member of the Social Security Advisory Board shall be

permitted to provide an individual report, or a joint report if

agreed, of views of the program under this subchapter, to be

included in the annual report required under this section.

-SOURCE-

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1637, as added Pub. L.

104-193, title II, Sec. 231, Aug. 22, 1996, 110 Stat. 2197.)

-REFTEXT-

REFERENCES IN TEXT

Part A of subchapter IV of this chapter, referred to in subsec.

(a)(4), is classified to section 601 et seq. of this title.

-End-