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

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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);

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;

(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

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.

(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.

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).

(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

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.)

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REFERENCES IN TEXT

The Uniform Relocation Assistance and Real Property Acquisitions

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