
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1320a-6]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 1320a-6. Adjustments in SSI benefits on account of 
        retroactive benefits under subchapter II
        

(a) Reduction in benefits

    Notwithstanding any other provision of this chapter, in any case 
where an individual--
        (1) is entitled to benefits under subchapter II of this chapter 
    that were not paid in the months in which they were regularly due; 
    and
        (2) is an individual or eligible spouse eligible for 
    supplemental security income benefits for one or more months in 
    which the benefits referred to in clause (1) were regularly due,

then any benefits under subchapter II of this chapter that were 
regularly due in such month or months, or supplemental security income 
benefits for such month or months, which are due but have not been paid 
to such individual or eligible spouse shall be reduced by an amount 
equal to so much of the supplemental security income benefits, whether 
or not paid retroactively, as would not have been paid or would not be 
paid with respect to such individual or spouse if he had received such 
benefits under subchapter II of this chapter in the month or months in 
which they were regularly due. A benefit under subchapter II of this 
chapter shall not be reduced pursuant to the preceding sentence to the 
extent that any amount of such benefit would not otherwise be available 
for payment in full of the maximum fee which may be recovered from such 
benefit by an attorney pursuant to subsection (a)(4) or (b) of section 
406 of this title.

(b) ``Supplemental security income benefits'' defined

    For purposes of this section, the term ``supplemental security 
income benefits'' means benefits paid or payable by the Commissioner of 
Social Security under subchapter XVI of this chapter, including State 
supplementary payments under an agreement pursuant to section 1382e(a) 
of this title or an administration agreement under section 212(b) of 
Public Law 93-66.

(c) Reimbursement of the State

    From the amount of the reduction made under subsection (a) of this 
section, the Commissioner of Social Security shall reimburse the State 
on behalf of which supplementary payments were made for the amount (if 
any) by which such State's expenditures on account of such supplementary 
payments for the month or months involved exceeded the expenditures 
which the State would have made (for such month or months) if the 
individual had received the benefits under subchapter II of this chapter 
at the times they were regularly due. An amount equal to the portion of 
such reduction remaining after reimbursement of the State under the 
preceding sentence shall be covered into the general fund of the 
Treasury.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1127, as added Pub. L. 96-265, 
title V, Sec. 501(a), June 9, 1980, 94 Stat. 469; amended Pub. L. 98-
369, div. B, title VI, Sec. 2615(a), July 18, 1984, 98 Stat. 1132; Pub. 
L. 101-508, title V, Sec. 5106(b), Nov. 5, 1990, 104 Stat. 1388-268; 
Pub. L. 103-296, title I, Sec. 108(b)(8), title III, 
Sec. 321(f)(3)(B)(ii), Aug. 15, 1994, 108 Stat. 1483, 1542.)

                       References in Text

    Section 212(b) of Pub. L. 93-66, referred to in subsec. (b), is set 
out as a note under section 1382 of this title.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-296, Sec. 321(f)(3)(B)(ii), in last 
sentence substituted ``subsection (a)(4) or (b) of section 406 of this 
title'' for ``section 406(a)(4) of this title''.
    Subsecs. (b), (c). Pub. L. 103-296, Sec. 108(b)(8), substituted 
``Commissioner of Social Security'' for ``Secretary''.
    1990--Subsec. (a). Pub. L. 101-508 inserted at end ``A benefit under 
subchapter II of this chapter shall not be reduced pursuant to the 
preceding sentence to the extent that any amount of such benefit would 
not otherwise be available for payment in full of the maximum fee which 
may be recovered from such benefit by an attorney pursuant to section 
406(a)(4) of this title.''
    1984--Pub. L. 98-369 substituted provisions relating to adjustment 
in supplemental security income benefits on account of retroactive 
benefits under subchapter II of this chapter for provisions which 
related to adjustment of retroactive benefits under subchapter II of 
this chapter on account of supplemental security income benefits.


                    Effective Date of 1994 Amendment

    Amendment by section 108(b)(8) 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 321(f)(3)(B)(ii) of Pub. L. 103-296 effective 
as if included in the provisions of the Omnibus Reconciliation Act of 
1990, Pub. L. 101-508, to which such amendment relates, except that such 
amendment applicable with respect to favorable judgments made after 180 
days after Aug. 15, 1994, 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 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.


                    Effective Date of 1984 Amendment

    Section 2615(b) of Pub. L. 98-369 provided that: ``The amendment 
made by this section [amending this section] shall apply for purposes of 
reducing retroactive benefits under title II of the Social Security Act 
[subchapter II of this chapter] or retroactive supplemental security 
income benefits payable beginning with the seventh month following the 
month in which this Act is enacted [July 1984]; except that in the case 
of retroactive title II benefits other than those which result from a 
determination of entitlement following an application for benefits under 
title II or from a reinstatement of benefits under title II following a 
period of suspension or termination of such benefits, it shall apply 
when the Secretary of Health and Human Services determines that it is 
administratively feasible.''


                             Effective Date

    Section 501(d) of Pub. L. 96-265 provided that: ``The amendments 
made by this section [enacting this section and amending sections 404 
and 1383 of this title] shall be applicable in the case of payments of 
monthly insurance benefits under title II of the Social Security Act 
[subchapter II of this chapter] entitlement for which is determined on 
or after the first day of the thirteenth month which begins after the 
date of the enactment of this Act [June 9, 1980].''

                  Section Referred to in Other Sections

    This section is referred to in sections 404, 406, 1383 of this 
title.
