
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: 42USC1382]

 
                 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
 
Sec. 1382. Eligibility for benefits


(a) ``Eligible individual'' defined

    (1) Each aged, blind, or disabled individual who does not have an 
eligible spouse and--
        (A) whose income, other than income excluded pursuant to section 
    1382a(b) of this title, is at a rate of not more than $1,752 (or, if 
    greater, the amount determined under section 1382f of this title) 
    for the calendar year 1974 or any calendar year thereafter, and
        (B) whose resources, other than resources excluded pursuant to 
    section 1382b(a) of this title, are not more than (i) in case such 
    individual has a spouse with whom he is living, the applicable 
    amount determined under paragraph (3)(A), or (ii) in case such 
    individual has no spouse with whom he is living, the applicable 
    amount determined under paragraph (3)(B),

shall be an eligible individual for purposes of this subchapter.
    (2) Each aged, blind, or disabled individual who has an eligible 
spouse and--
        (A) whose income (together with the income of such spouse), 
    other than income excluded pursuant to section 1382a(b) of this 
    title, is at a rate of not more than $2,628 (or, if greater, the 
    amount determined under section 1382f of this title) for the 
    calendar year 1974, or any calendar year thereafter, and
        (B) whose resources (together with the resources of such 
    spouse), other than resources excluded pursuant to section 1382b(a) 
    of this title, are not more than the applicable amount determined 
    under paragraph (3)(A),

shall be an eligible individual for purposes of this subchapter.
    (3)(A) The dollar amount referred to in clause (i) of paragraph 
(1)(B), and in paragraph (2)(B), shall be $2,250 prior to January 1, 
1985, and shall be increased to $2,400 on January 1, 1985, to $2,550 on 
January 1, 1986, to $2,700 on January 1, 1987, to $2,850 on January 1, 
1988, and to $3,000 on January 1, 1989.
    (B) The dollar amount referred to in clause (ii) of paragraph 
(1)(B), shall be $1,500 prior to January 1, 1985, and shall be increased 
to $1,600 on January 1, 1985, to $1,700 on January 1, 1986, to $1,800 on 
January 1, 1987, to $1,900 on January 1, 1988, and to $2,000 on January 
1, 1989.

(b) Amount of benefits

    (1) The benefit under this subchapter for an individual who does not 
have an eligible spouse shall be payable at the rate of $1,752 (or, if 
greater, the amount determined under section 1382f of this title) for 
the calendar year 1974 and any calendar year thereafter, reduced by the 
amount of income, not excluded pursuant to section 1382a(b) of this 
title, of such individual.
    (2) The benefit under this subchapter for an individual who has an 
eligible spouse shall be payable at the rate of $2,628 (or, if greater, 
the amount determined under section 1382f of this title) for the 
calendar year 1974 and any calendar year thereafter, reduced by the 
amount of income, not excluded pursuant to section 1382a(b) of this 
title, of such individual and spouse.

(c) Period for determination of benefits

    (1) An individual's eligibility for a benefit under this subchapter 
for a month shall be determined on the basis of the individual's (and 
eligible spouse's, if any) income, resources, and other relevant 
characteristics in such month, and, except as provided in paragraphs 
(2), (3), (4), (5), and (6), the amount of such benefit shall be 
determined for such month on the basis of income and other 
characteristics in the first or, if the Commissioner of Social Security 
so determines, second month preceding such month. Eligibility for and 
the amount of such benefits shall be redetermined at such time or times 
as may be provided by the Commissioner of Social Security.
    (2) The amount of such benefit for the month in which an application 
for benefits becomes effective (or, if the Commissioner of Social 
Security so determines, for such month and the following month) and for 
any month immediately following a month of ineligibility for such 
benefits (or, if the Commissioner of Social Security so determines, for 
such month and the following month) shall--
        (A) be determined on the basis of the income of the individual 
    and the eligible spouse, if any, of such individual and other 
    relevant circumstances in such month; and
        (B) in the case of the month in which an application becomes 
    effective or the first month following a period of ineligibility, if 
    such application becomes effective, or eligibility is restored, 
    after the first day of such month, bear the same ratio to the amount 
    of the benefit which would have been payable to such individual if 
    such application had become effective, or eligibility had been 
    restored, on the first day of such month as the number of days in 
    such month including and following the effective date of such 
    application or restoration of eligibility bears to the total number 
    of days in such month.

    (3) For purposes of this subsection, an increase in the benefit 
amount payable under subchapter II of this chapter (over the amount 
payable in the preceding month, or, at the election of the Commissioner 
of Social Security, the second preceding month) to an individual 
receiving benefits under this subchapter shall be included in the income 
used to determine the benefit under this subchapter of such individual 
for any month which is--
        (A) the first month in which the benefit amount payable to such 
    individual under this title is increased pursuant to section 1382f 
    of this title, or
        (B) at the election of the Commissioner of Social Security, the 
    month immediately following such month.

    (4)(A) Notwithstanding paragraph (3), if the Commissioner of Social 
Security determines that reliable information is currently available 
with respect to the income and other circumstances of an individual for 
a month (including information with respect to a class of which such 
individual is a member and information with respect to scheduled cost-
of-living adjustments under other benefit programs), the benefit amount 
of such individual under this subchapter for such month may be 
determined on the basis of such information.
    (B) The Commissioner of Social Security shall prescribe by 
regulation the circumstances in which information with respect to an 
event may be taken into account pursuant to subparagraph (A) in 
determining benefit amounts under this subchapter.
    (5) Notwithstanding paragraphs (1) and (2), any income which is paid 
to or on behalf of an individual in any month pursuant to (A) a State 
program funded under part A of subchapter IV of this chapter, (B) 
section 672 of this title (relating to foster care assistance), (C) 
section 1522(e) of title 8 (relating to assistance for refugees), (D) 
section 501(a) of Public Law 96-422 (relating to assistance for Cuban 
and Haitian entrants), or (E) section 13 of title 25 (relating to 
assistance furnished by the Bureau of Indian Affairs), shall be taken 
into account in determining the amount of the benefit under this 
subchapter of such individual (and his eligible spouse, if any) only for 
that month, and shall not be taken into account in determining the 
amount of the benefit for any other month.
    (6) The dollar amount in effect under subsection (b) of this section 
as a result of any increase in benefits under this subchapter by reason 
of section 1382f of this title shall be used to determine the value of 
any in-kind support and maintenance required to be taken into account in 
determining the benefit payable under this subchapter to an individual 
(and the eligible spouse, if any, of the individual) for the 1st 2 
months for which the increase in benefits applies.
    (7) For purposes of this subsection, an application of an individual 
for benefits under this subchapter shall be effective on the later of--
        (A) the first day of the month following the date such 
    application is filed, or
        (B) the first day of the month following the date such 
    individual becomes eligible for such benefits with respect to such 
    application.

    (8) The Commissioner of Social Security may waive the limitations 
specified in subparagraphs (A) and (B) of subsection (e)(1) of this 
section on an individual's eligibility and benefit amount for a month 
(to the extent either such limitation is applicable by reason of such 
individual's presence throughout such month in a hospital, extended care 
facility, nursing home, or intermediate care facility) if such waiver 
would promote the individual's removal from such institution or 
facility. Upon waiver of such limitations, the Commissioner of Social 
Security shall apply, to the month preceding the month of removal, or, 
if the Commissioner of Social Security so determines, the two months 
preceding the month of removal, the benefit rate that is appropriate to 
such individual's living arrangement subsequent to his removal from such 
institution or facility.

(d) Limitation on amount of gross income earned; ``gross income'' 
        defined

    The Commissioner of Social Security may prescribe the circumstances 
under which, consistently with the purposes of this subchapter, the 
gross income from a trade or business (including farming) will be 
considered sufficiently large to make an individual ineligible for 
benefits under this subchapter. For purposes of this subsection, the 
term ``gross income'' has the same meaning as when used in chapter 1 of 
the Internal Revenue Code of 1986.

(e) Limitation on eligibility of certain individuals

    (1)(A) Except as provided in subparagraphs (B), (C), (D), (E), and 
(G), no person shall be an eligible individual or eligible spouse for 
purposes of this subchapter with respect to any month if throughout such 
month he is an inmate of a public institution.
    (B) In any case where an eligible individual or his eligible spouse 
(if any) is, throughout any month (subject to subparagraph (G)), in a 
medical treatment facility receiving payments (with respect to such 
individual or spouse) under a State plan approved under subchapter XIX 
of this chapter, or an eligible individual is a child described in 
section 1382c(f)(2)(B) of this title, or, in the case of an eligible 
individual who is a child under the age of 18, receiving payments (with 
respect to such individual) under any health insurance policy issued by 
a private provider of such insurance the benefit under this subchapter 
for such individual for such month shall be payable (subject to 
subparagraph (E))--
        (i) at a rate not in excess of $360 per year (reduced by the 
    amount of any income not excluded pursuant to section 1382a(b) of 
    this title) in the case of an individual who does not have an 
    eligible spouse;
        (ii) in the case of an individual who has an eligible spouse, if 
    only one of them is in such a facility throughout such month, at a 
    rate not in excess of the sum of--
            (I) the rate of $360 per year (reduced by the amount of any 
        income, not excluded pursuant to section 1382a(b) of this title, 
        of the one who is in such facility), and
            (II) the applicable rate specified in subsection (b)(1) of 
        this section (reduced by the amount of any income, not excluded 
        pursuant to section 1382a(b) of this title, of the other); and

        (iii) at a rate not in excess of $720 per year (reduced by the 
    amount of any income not excluded pursuant to section 1382a(b) of 
    this title) in the case of an individual who has an eligible spouse, 
    if both of them are in such a facility throughout such month.

For purposes of this subsection, a medical treatment facility that 
provides services described in section 1396p(c)(1)(C) of this title 
shall be considered to be receiving payments with respect to an 
individual under a State plan approved under subchapter XIX of this 
chapter during any period of ineligibility of such individual provided 
for under the State plan pursuant to section 1396p(c) of this title.
    (C) As used in subparagraph (A), the term ``public institution'' 
does not include a publicly operated community residence which serves no 
more than 16 residents.
    (D) A person may be an eligible individual or eligible spouse for 
purposes of this subchapter with respect to any month throughout which 
he is a resident of a public emergency shelter for the homeless (as 
defined in regulations which shall be prescribed by the Commissioner of 
Social Security); except that no person shall be an eligible individual 
or eligible spouse by reason of this subparagraph more than 6 months in 
any 9-month period.
    (E) Notwithstanding subparagraphs (A) and (B), any individual who--
        (i)(I) is an inmate of a public institution, the primary purpose 
    of which is the provision of medical or psychiatric care, throughout 
    any month as described in subparagraph (A), or
        (II) is in a medical treatment facility throughout any month as 
    described in subparagraph (B),
        (ii) was eligible under section 1382h(a) or (b) of this title 
    for the month preceding such month, and
        (iii) under an agreement of the public institution or the 
    medical treatment facility is permitted to retain any benefit 
    payable by reason of this subparagraph,

may be an eligible individual or eligible spouse for purposes of this 
subchapter (and entitled to a benefit determined on the basis of the 
rate applicable under subsection (b) of this section) for the month 
referred to in subclause (I) or (II) of clause (i) and, if such 
subclause still applies, for the succeeding month.
    (F) An individual who is an eligible individual or an eligible 
spouse for a month by reason of subparagraph (E) shall not be treated as 
being eligible under section 1382h(a) or (b) of this title for such 
month for purposes of clause (ii) of such subparagraph.
    (G) A person may be an eligible individual or eligible spouse for 
purposes of this subchapter, and subparagraphs (A) and (B) shall not 
apply, with respect to any particular month throughout which he or she 
is an inmate of a public institution the primary purpose of which is the 
provision of medical or psychiatric care, or is in a medical treatment 
facility receiving payments (with respect to such individual or spouse) 
under a State plan approved under subchapter XIX of this chapter or, in 
the case of an individual who is a child under the age of 18, under any 
health insurance policy issued by a private provider of such insurance, 
if it is determined in accordance with subparagraph (H) or (J) that--
        (i) such person's stay in that institution or facility (or in 
    that institution or facility and one or more other such institutions 
    or facilities during a continuous period of institutionalization) is 
    likely (as certified by a physician) not to exceed 3 months, and the 
    particular month involved is one of the first 3 months throughout 
    which such person is in such an institution or facility during a 
    continuous period of institutionalization; and
        (ii) such person needs to continue to maintain and provide for 
    the expenses of the home or living arrangement to which he or she 
    may return upon leaving the institution or facility.

The benefit of any person under this subchapter (including State 
supplementation if any) for each month to which this subparagraph 
applies shall be payable, without interruption of benefit payments and 
on the date the benefit involved is regularly due, at the rate that was 
applicable to such person in the month prior to the first month 
throughout which he or she is in the institution or facility.
    (H) The Commissioner of Social Security shall establish procedures 
for the determinations required by clauses (i) and (ii) of subparagraph 
(G), and may enter into agreements for making such determinations (or 
for providing information or assistance in connection with the making of 
such determinations) with appropriate State and local public and private 
agencies and organizations. Such procedures and agreements shall include 
the provision of appropriate assistance to individuals who, because of 
their physical or mental condition, are limited in their ability to 
furnish the information needed in connection with the making of such 
determinations.
    (I)(i) The Commissioner shall enter into an agreement, with any 
interested State or local institution comprising a jail, prison, penal 
institution, or correctional facility, or with any other interested 
State or local institution a purpose of which is to confine individuals 
as described in section 402(x)(1)(A)(ii) of this title, under which--
        (I) the institution shall provide to the Commissioner, on a 
    monthly basis and in a manner specified by the Commissioner, the 
    names, social security account numbers, dates of birth, confinement 
    commencement dates, and, to the extent available to the institution, 
    such other identifying information concerning the inmates of the 
    institution as the Commissioner may require for the purpose of 
    carrying out this paragraph and the other provisions of this 
    subchapter; and
        (II) the Commissioner shall pay to any such institution, with 
    respect to each individual who receives in the month preceding the 
    first month throughout which such individual is an inmate of the 
    jail, prison, penal institution, or correctional facility that 
    furnishes information respecting such individual pursuant to 
    subclause (I), or is confined in the institution (that so furnishes 
    such information) as described in section 402(x)(1)(A)(ii) of this 
    title, a benefit under this subchapter for such preceding month, and 
    who is determined by the Commissioner to be ineligible for benefits 
    under this subchapter by reason of confinement based on the 
    information provided by such institution, $400 (subject to reduction 
    under clause (ii)) if the institution furnishes the information 
    described in subclause (I) to the Commissioner within 30 days after 
    the date such individual becomes an inmate of such institution, or 
    $200 (subject to reduction under clause (ii)) if the institution 
    furnishes such information after 30 days after such date but within 
    90 days after such date.

    (ii) The dollar amounts specified in clause (i)(II) shall be reduced 
by 50 percent if the Commissioner is also required to make a payment to 
the institution with respect to the same individual under an agreement 
entered into under section 402(x)(3)(B) of this title.
    (iii) The Commissioner shall maintain, and shall provide on a 
reimbursable basis, information obtained pursuant to agreements entered 
into under clause (i) to any Federal or federally-assisted cash, food, 
or medical assistance program for eligibility and other administrative 
purposes under such program.
    (iv) Payments to institutions required by clause (i)(II) shall be 
made from funds otherwise available for the payment of benefits under 
this subchapter and shall be treated as direct spending for purposes of 
the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 
900 et seq.].
    (J) For the purpose of carrying out this paragraph, the Commissioner 
of Social Security shall conduct periodic computer matches with data 
maintained by the Secretary of Health and Human Services under 
subchapter XVIII or XIX of this chapter. The Secretary shall furnish to 
the Commissioner, in such form and manner and under such terms as the 
Commissioner and the Secretary shall mutually agree, such information as 
the Commissioner may request for this purpose. Information obtained 
pursuant to such a match may be substituted for the physician's 
certification otherwise required under subparagraph (G)(i).
    (2) No person shall be an eligible individual or eligible spouse for 
purposes of this subchapter if, after notice to such person by the 
Commissioner of Social Security that it is likely that such person is 
eligible for any payments of the type enumerated in section 
1382a(a)(2)(B) of this title, such person fails within 30 days to take 
all appropriate steps to apply for and (if eligible) obtain any such 
payments.
    (3) Notwithstanding anything to the contrary in the criteria being 
used by the Commissioner of Social Security in determining when a 
husband and wife are to be considered two eligible individuals for 
purposes of this subchapter and when they are to be considered an 
eligible individual with an eligible spouse, the State agency 
administering or supervising the administration of a State plan under 
any other program under this chapter may (in the administration of such 
plan) treat a husband and wife living in the same medical treatment 
facility described in paragraph (1)(B) as though they were an eligible 
individual with his or her eligible spouse for purposes of this 
subchapter (rather than two eligible individuals), after they have 
continuously lived in the same such facility for 6 months, if treating 
such husband and wife as two eligible individuals would prevent either 
of them from receiving benefits or assistance under such plan or reduce 
the amount thereof.
    (4) No person shall be considered an eligible individual or eligible 
spouse for purposes of this subchapter with respect to any month if 
during such month the person is--
        (A) fleeing to avoid prosecution, or custody or confinement 
    after conviction, under the laws of the place from which the person 
    flees, for a crime, or an attempt to commit a crime, which is a 
    felony under the laws of the place from which the person flees, or 
    which, in the case of the State of New Jersey, is a high misdemeanor 
    under the laws of such State; or
        (B) violating a condition of probation or parole imposed under 
    Federal or State law.

    (5) Notwithstanding any other provision of law (other than section 
6103 of the Internal Revenue Code of 1986 and section 1306(c) of this 
title), the Commissioner shall furnish any Federal, State, or local law 
enforcement officer, upon the written request of the officer, with the 
current address, Social Security number, and photograph (if applicable) 
of any recipient of benefits under this subchapter, if the officer 
furnishes the Commissioner with the name of the recipient, and other 
identifying information as reasonably required by the Commissioner to 
establish the unique identity of the recipient, and notifies the 
Commissioner that--
        (A) the recipient--
            (i) is described in subparagraph (A) or (B) of paragraph 
        (4); and
            (ii) has information that is necessary for the officer to 
        conduct the officer's official duties; and

        (B) the location or apprehension of the recipient is within the 
    officer's official duties.

(f) Individuals outside United States; determination of status

    (1) Notwithstanding any other provision of this subchapter, no 
individual (other than a child described in section 1382c(a)(1)(B)(ii) 
of this title) shall be considered an eligible individual for purposes 
of this subchapter for any month during all of which such individual is 
outside the United States (and no person shall be considered the 
eligible spouse of an individual for purposes of this subchapter with 
respect to any month during all of which such person is outside the 
United States). For purposes of the preceding sentence, after an 
individual has been outside the United States for any period of 30 
consecutive days, he shall be treated as remaining outside the United 
States until he has been in the United States for a period of 30 
consecutive days.
    (2) For a period of not more than 1 year, the first sentence of 
paragraph (1) shall not apply to any individual who--
        (A) was eligible to receive a benefit under this subchapter for 
    the month immediately preceding the first month during all of which 
    the individual was outside the United States; and
        (B) demonstrates to the satisfaction of the Commissioner of 
    Social Security that the absence of the individual from the United 
    States will be--
            (i) for not more than 1 year; and
            (ii) for the purpose of conducting studies as part of an 
        educational program that is--
                (I) designed to substantially enhance the ability of the 
            individual to engage in gainful employment;
                (II) sponsored by a school, college, or university in 
            the United States; and
                (III) not available to the individual in the United 
            States.

(g) Individuals deemed to meet resources test

    In the case of any individual or any individual and his spouse (as 
the case may be) who--
        (1) received aid or assistance for December 1973 under a plan of 
    a State approved under subchapter I, X, XIV, or XVI of this chapter,
        (2) has, since December 31, 1973, continuously resided in the 
    State under the plan of which he or they received such aid or 
    assistance for December 1973, and
        (3) has, since December 31, 1973, continuously been (except for 
    periods not in excess of six consecutive months) an eligible 
    individual or eligible spouse with respect to whom supplemental 
    security income benefits are payable,

the resources of such individual or such individual and his spouse (as 
the case may be) shall be deemed not to exceed the amount specified in 
subsections (a)(1)(B) and (a)(2)(B) of this section during any period 
that the resources of such individual or such individual and his spouse 
(as the case may be) does not exceed the maximum amount of resources 
specified in the State plan, as in effect for October 1972, under which 
he or they received such aid or assistance for December 1973.

(h) Individuals deemed to meet income test

    In determining eligibility for, and the amount of, benefits payable 
under this section in the case of any individual or any individual and 
his spouse (as the case may be) who--
        (1) received aid or assistance for December 1973 under a plan of 
    a State approved under subchapter X or XVI of this chapter,
        (2) is blind under the definition of that term in the plan, as 
    in effect for October 1972, under which he or they received such aid 
    or assistance for December 1973,
        (3) has, since December 31, 1973, continuously resided in the 
    State under the plan of which he or they received such aid or 
    assistance for December 1973, and
        (4) has, since December 31, 1973, continuously been (except for 
    periods not in excess of six consecutive months) an eligible 
    individual or an eligible spouse with respect to whom supplemental 
    security income benefits are payable,

there shall be disregarded an amount equal to the greater of (A) the 
maximum amount of any earned or unearned income which could have been 
disregarded under the State plan, as in effect for October 1972, under 
which he or they received such aid or assistance for December 1973, and 
(B) the amount which would be required to be disregarded under section 
1382a of this title without application of this subsection.

(i) Application and review requirements for certain individuals

    For application and review requirements affecting the eligibility of 
certain individuals, see section 1383(j) of this title.

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1611, as added Pub. L. 92-603, 
title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1466; amended Pub. L. 93-
66, title II, Sec. 210(a), (b), July 9, 1973, 87 Stat. 154; Pub. L. 93-
233, Secs. 4(b)(1), (2), 18(d), (e), Dec. 31, 1973, 87 Stat. 953, 968; 
Pub. L. 93-368, Sec. 6(a), Aug. 7, 1974, 88 Stat. 421; Pub. L. 94-566, 
title V, Secs. 502, 505(a), Oct. 20, 1976, 90 Stat. 2685, 2686; Pub. L. 
96-265, title III, Sec. 303(c)(2), June 9, 1980, 94 Stat. 453; Pub. L. 
97-35, title XXIII, Sec. 2341(a), Aug. 13, 1981, 95 Stat. 865; Pub. L. 
97-248, title I, Secs. 181(a), 183(a), Sept. 3, 1982, 96 Stat. 404, 405; 
Pub. L. 98-21, title IV, Sec. 403(a), Apr. 20, 1983, 97 Stat. 140; Pub. 
L. 98-369, div. B, title VI, Secs. 2611(a)-(c), 2663(g)(1), (2), July 
18, 1984, 98 Stat. 1130, 1168; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 
100 Stat. 2095; Pub. L. 99-643, Secs. 3(a), 4(c)(3), (d)(1), 9(a), Nov. 
10, 1986, 100 Stat. 3574, 3577, 3579; Pub. L. 100-203, title IX, 
Secs. 9106(a), 9107, 9113(a), 9115(a), 9119(a), Dec. 22, 1987, 101 Stat. 
1330-301, 1330-302, 1330-304, 1330-308; Pub. L. 100-360, title III, 
Sec. 303(c)(2), July 1, 1988, 102 Stat. 762; Pub. L. 101-239, title 
VIII, Secs. 8009(a), 8010(b), Dec. 19, 1989, 103 Stat. 2463, 2464; Pub. 
L. 103-66, title XIII, Sec. 13735(a), Aug. 10, 1993, 107 Stat. 662; Pub. 
L. 103-296, title I, Sec. 107(a)(4), title II, Secs. 201(b)(3)(A), 
(B)(i), 204(a), Aug. 15, 1994, 108 Stat. 1478, 1502, 1504, 1508; Pub. L. 
104-121, title I, Sec. 105(b)(4)(A), Mar. 29, 1996, 110 Stat. 854; Pub. 
L. 104-193, title I, Sec. 108(j), title II, Secs. 201(a), 202(a), (b), 
203(a)(1), 204(a), 214(a), Aug. 22, 1996, 110 Stat. 2169, 2185-2187, 
2195; Pub. L. 105-33, title V, Secs. 5521, 5522(c), Aug. 5, 1997, 111 
Stat. 621, 623; Pub. L. 106-169, title II, Secs. 204, 207(c), 212, Dec. 
14, 1999, 113 Stat. 1833, 1838, 1843; Pub. L. 106-170, title IV, 
Sec. 402(a)(3), (c)(1)-(3), Dec. 17, 1999, 113 Stat. 1908, 1909.)

                       References in Text

    Part A of subchapter IV of this chapter, referred to in subsec. 
(c)(5), is classified to section 601 et seq. of this title.
    Section 501(a) of Public Law 96-422, referred to in subsec. (c)(5), 
is section 501(a) of Pub. L. 96-422, which is set out as a note under 
section 1522 of Title 8, Aliens and Nationality.
    The Internal Revenue Code of 1986, referred to in subsecs. (d) and 
(e)(5), is classified generally to Title 26, Internal Revenue Code.
    The Balanced Budget and Emergency Deficit Control Act of 1985, 
referred to in subsec. (e)(1)(I)(iv), is title II of Pub. L. 99-177, 
Dec. 12, 1985, 99 Stat. 1038, as amended, which enacted chapter 20 
(Sec. 900 et seq.) and sections 654 to 656 of Title 2, The Congress, 
amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, 
sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and 
section 911 of this title, repealed section 661 of Title 2, enacted 
provisions set out as notes under section 900 of Title 2 and section 911 
of this title, and amended provisions set out as a note under section 
621 of Title 2. For complete classification of this Act to the Code, see 
Short Title note set out under section 900 of Title 2 and Tables.


                            Prior Provisions

    A prior section 1382, act Aug. 14, 1935, ch. 531, title XVI, 
Sec. 1602, as added July 25, 1962, Pub. L. 87-543, title I, Sec. 141(a), 
76 Stat. 198; amended Oct. 13, 1964, Pub. L. 88-650, Sec. 5(b), 78 Stat. 
1078; July 30, 1965, Pub. L. 89-97, title II, Sec. 221(d)(3), title IV, 
Sec. 403(e), 79 Stat. 358, 418; Jan. 2, 1968, Pub. L. 90-248, title II, 
Secs. 210(a)(5), 213(a)(4), 241(d), 81 Stat. 896, 898, 917; Oct. 30, 
1972, Pub. L. 92-603, title IV, Secs. 405(d), 406(d), 407(d), 410(d), 
413(d), 86 Stat. 1488, 1489, 1491, 1492, set forth required contents of 
State plans for aid to aged, blind, or disabled, and for medical 
assistance for aged, prior to the general amendment of title XVI of the 
Social Security Act by Pub. L. 92-603, Sec. 301, but is set out as a 
note below in view of its continued applicability to Puerto Rico, Guam, 
and the Virgin Islands.


                               Amendments

    1999--Subsec. (e)(1)(G). Pub. L. 106-169, Sec. 212(b), substituted 
``subparagraph (H) or (J)'' for ``subparagraph (H)'' in introductory 
provisions.
    Subsec. (e)(1)(I)(i). Pub. L. 106-170, Sec. 402(c)(2), substituted 
``institution comprising a jail, prison, penal institution, or 
correctional facility, or with any other interested State or local 
institution a purpose of which is to confine individuals as described in 
section 402(x)(1)(A)(ii) of this title,'' for ``institution described in 
clause (i) or (ii) of section 402(x)(1)(A) of this title the primary 
purpose of which is to confine individuals as described in section 
402(x)(1)(A) of this title,''.
    Subsec. (e)(1)(I)(i)(I). Pub. L. 106-170, Sec. 402(a)(3)(A), 
substituted ``and the other provisions of this subchapter; and'' for ``; 
and''.
    Subsec. (e)(1)(I)(i)(II). Pub. L. 106-170, Sec. 402(c)(1)(A), 
inserted ``(subject to reduction under clause (ii))'' after ``$400'' and 
``$200''.
    Subsec. (e)(1)(I)(ii). Pub. L. 106-170, Sec. 402(c)(1)(C), added cl. 
(ii). Former cl. (ii) redesignated (iii).
    Subsec. (e)(1)(I)(ii)(II). Pub. L. 106-170, Sec. 402(a)(3)(B), 
substituted ``shall maintain, and shall provide on a reimbursable 
basis,'' for ``is authorized to provide, on a reimbursable basis,''.
    Pub. L. 106-169, Sec. 204, which directed substitution of ``shall'' 
for ``is authorized to'' in cl. (ii)(II), could not be executed in view 
of the redesignation of cl. (ii) as (iii) by Pub. L. 106-170, 
Sec. 402(c)(1)(B). See note above and Effective Date of 1999 Amendment 
note below.
    Subsec. (e)(1)(I)(iii). Pub. L. 106-170, Sec. 402(c)(3)(B), 
substituted ``eligibility and other administrative purposes under such 
program'' for ``eligibility purposes''.
    Pub. L. 106-170, Sec. 402(c)(3)(A), struck out ``(II)'' before ``The 
Commissioner'' and struck out subcl. (I) which read as follows: ``The 
provisions of section 552a of title 5 shall not apply to any agreement 
entered into under clause (i) or to information exchanged pursuant to 
such agreement.''
    Pub. L. 106-170, Sec. 402(c)(1)(B), redesignated cl. (ii) as (iii). 
Former cl. (iii) redesignated (iv).
    Subsec. (e)(1)(I)(iv). Pub. L. 106-170, Sec. 402(c)(1)(B), 
redesignated cl. (iii) as (iv).
    Subsec. (e)(1)(J). Pub. L. 106-169, Sec. 212(a), added subpar. (J).
    Subsec. (e)(4). Pub. L. 106-169, Sec. 207(c)(1), (3), redesignated 
par. (5) as (4) and struck out former par. (4) which read as follows:
    ``(4)(A) No person shall be considered an eligible individual or 
eligible spouse for purposes of this subchapter during the 10-year 
period that begins on the date the person is convicted in Federal or 
State court of having made a fraudulent statement or representation with 
respect to the place of residence of the person in order to receive 
assistance simultaneously from 2 or more States under programs that are 
funded under subchapter IV of this chapter, subchapter XIX of this 
chapter, or the Food Stamp Act of 1977, or benefits in 2 or more States 
under the supplemental security income program under this subchapter.
    ``(B) As soon as practicable after the conviction of a person in a 
Federal or State court as described in subparagraph (A), an official of 
such court shall notify the Commissioner of such conviction.''
    Subsec. (e)(5). Pub. L. 106-169, Sec. 207(c)(3), redesignated par. 
(6) as (5). Former par. (5) redesignated (4).
    Subsec. (e)(6). Pub. L. 106-169, Sec. 207(c)(2), (3), redesignated 
par. (6) as (5) and substituted ``(4)'' for ``(5)''.
    1997--Subsec. (e)(1)(B). Pub. L. 105-33, Sec. 5522(c)(1)(A), (D), in 
introductory provisions, substituted ``medical treatment facility'' for 
``hospital, extended care facility, nursing home, or intermediate care 
facility'' and in closing provisions, substituted ``medical treatment 
facility that provides services described in section 1396p(c)(1)(C) of 
this title'' for ``hospital, extended care facility, nursing home, or 
intermediate care facility which is a `medical institution or nursing 
facility' within the meaning of section 1396p(c) of this title''.
    Subsec. (e)(1)(B)(ii). Pub. L. 105-33, Sec. 5522(c)(1)(B), struck 
out ``hospital, home or'' before ``facility'' in introductory provisions 
and ``hospital, home, or'' before ``facility'' in subcl. (I).
    Subsec. (e)(1)(B)(iii). Pub. L. 105-33, Sec. 5522(c)(1)(C), struck 
out ``hospital, home, or'' before ``facility''.
    Subsec. (e)(1)(E)(i)(II), (iii). Pub. L. 105-33, Sec. 5522(c)(2), 
substituted ``medical treatment facility'' for ``hospital, extended care 
facility, nursing home, or intermediate care facility''.
    Subsec. (e)(1)(G). Pub. L. 105-33, Sec. 5522(c)(3), substituted ``or 
is in a medical treatment'' for ``or which is a hospital, extended care 
facility, nursing home, or intermediate care'' and inserted ``or, in the 
case of an individual who is a child under the age of 18, under any 
health insurance policy issued by a private provider of such insurance'' 
after ``subchapter XIX of this chapter''.
    Subsec. (e)(1)(I)(i)(I). Pub. L. 105-33, Sec. 5521(c), substituted 
``this paragraph'' for ``paragraph (1)''.
    Subsec. (e)(1)(I)(i)(II). Pub. L. 105-33, Sec. 5521(b), substituted 
``individual who receives in the month preceding the first month 
throughout which such individual is an inmate of the jail, prison, penal 
institution, or correctional facility that furnishes information 
respecting such individual pursuant to subclause (I), or is confined in 
the institution (that so furnishes such information) as described in 
section 402(x)(1)(A)(ii) of this title, a benefit under this subchapter 
for such preceding month, and who is determined by the Commissioner to 
be ineligible for benefits under this subchapter by reason of 
confinement based on the information provided by such institution'' for 
``inmate of the institution who is eligible for a benefit under this 
subchapter for the month preceding the first month throughout which such 
inmate is in such institution and becomes ineligible for such benefit as 
a result of the application of this subparagraph''.
    Subsec. (e)(3). Pub. L. 105-33, Sec. 5522(c)(4), substituted ``same 
medical treatment facility'' for ``same hospital, home, or facility'' 
and ``same such facility'' for ``same such hospital, home, or 
facility''.
    Subsec. (e)(6). Pub. L. 105-33, Sec. 5521(a), inserted ``and section 
1306(c) of this title'' after ``of 1986''.
    1996--Subsec. (c)(5)(A). Pub. L. 104-193, Sec. 108(j), amended 
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: 
``a State plan approved under part A of subchapter IV of this chapter 
(relating to aid to families with dependent children),''.
    Subsec. (c)(7)(A), (B). Pub. L. 104-193, Sec. 204(a), amended 
subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) 
read as follows:
    ``(A) the date such application is filed, or
    ``(B) the date such individual first becomes eligible for such 
benefits with respect to such application.''
    Subsec. (e)(1)(B). Pub. L. 104-193, Sec. 214(a), inserted ``or, in 
the case of an eligible individual who is a child under the age of 18, 
receiving payments (with respect to such individual) under any health 
insurance policy issued by a private provider of such insurance'' after 
``section 1382c(f)(2)(B) of this title,''.
    Subsec. (e)(1)(I). Pub. L. 104-193, Sec. 203(a)(1), added subpar. 
(I).
    Subsec. (e)(3). Pub. L. 104-193, Sec. 201(a), redesignated par. (5) 
as (3).
    Pub. L. 104-121 struck out par. (3) which related to limitation on 
eligibility for benefits by reason of disability based on alcoholism or 
drug addiction.
    Subsec. (e)(4). Pub. L. 104-193, Sec. 201(a), added par. (4).
    Subsec. (e)(5). Pub. L. 104-193, Secs. 201(a), 202(a), added par. 
(5) and redesignated former par. (5) as (3).
    Subsec. (e)(6). Pub. L. 104-193, Sec. 202(b), added par. (6).
    1994--Subsecs. (c), (d), (e)(1)(D), (H), (2). Pub. L. 103-296, 
Sec. 107(a)(4), substituted ``Commissioner of Social Security'' for 
``Secretary'' wherever appearing.
    Subsec. (e)(3)(A). Pub. L. 103-296, Sec. 201(b)(3)(A), amended 
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: 
``No person who is an aged, blind, or disabled individual solely by 
reason of disability (as determined under section 1382c(a)(3) of this 
title) shall be an eligible individual or eligible spouse for purposes 
of this subchapter with respect to any month if such individual is 
medically determined to be a drug addict or an alcoholic unless such 
individual is undergoing any treatment that may be appropriate for his 
condition as a drug addict or alcoholic (as the case may be) at an 
institution or facility approved for purposes of this paragraph by the 
Secretary (so long as such treatment is available) and demonstrates that 
he is complying with the terms, conditions, and requirements of such 
treatment and with requirements imposed by the Secretary under 
subparagraph (B).''
    Pub. L. 103-296, Sec. 107(a)(4), in subpar. (A) as amended by Pub. 
L. 103-296, Sec. 201(b)(3)(A), substituted ``Commissioner of Social 
Security'' for ``Secretary'' and ``Commissioner's'' for ``Secretary's'' 
wherever appearing.
    Subsec. (e)(3)(B). Pub. L. 103-296, Sec. 201(b)(3)(B)(i), designated 
existing provisions as cl. (i), struck out ``The Secretary shall 
annually submit to the Congress a full and complete report on his 
activities under this paragraph.'' after first sentence, and added cls. 
(ii) and (iii).
    Pub. L. 103-296, Sec. 107(a)(4), in subpar. (B) as amended by Pub. 
L. 103-296, Sec. 201(b)(3)(B)(i), substituted ``Commissioner of Social 
Security'' for ``Secretary'' wherever appearing and ``Commissioner's'' 
for ``Secretary's'' in cl. (iii)(II)(aa).
    Subsec. (e)(5). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary''.
    Subsec. (f). Pub. L. 103-296, Sec. 204(a), designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (f)(2)(B). Pub. L. 103-296, Sec. 107(a)(4), in subpar. (B) 
as added by Pub. L. 103-296, Sec. 204(a), substituted ``Commissioner of 
Social Security'' for ``Secretary''.
    1993--Subsec. (c)(1). Pub. L. 103-66, Sec. 13735(a)(1), substituted 
``(5), and (6)'' for ``and (5)''.
    Subsec. (c)(6) to (8). Pub. L. 103-66, Sec. 13735(a)(2), (3), added 
par. (6) and redesignated former pars. (6) and (7) as (7) and (8), 
respectively.
    1989--Subsec. (e)(1)(B). Pub. L. 101-239, Sec. 8010(b), inserted 
``or an eligible individual is a child described in section 
1382c(f)(2)(B) of this title,'' before ``the benefit under this 
subchapter'' in introductory provisions.
    Subsec. (f). Pub. L. 101-239, Sec. 8009(a), inserted ``(other than a 
child described in section 1382c(a)(1)(B)(ii) of this title)'' after 
``no individual''.
    1988--Subsec. (e)(1)(B). Pub. L. 100-360 inserted at end ``For 
purposes of this subsection, a hospital, extended care facility, nursing 
home, or intermediate care facility which is a `medical institution or 
nursing facility' within the meaning of section 1396p(c) of this title 
shall be considered to be receiving payments with respect to an 
individual under a State plan approved under subchapter XIX of this 
chapter during any period of ineligibility of such individual provided 
for under the State plan pursuant to section 1396p(c) of this title.''
    1987--Subsec. (c)(1). Pub. L. 100-203, Sec. 9106(a)(1), substituted 
``paragraphs (2), (3), (4), and (5)'' for ``paragraphs (2), (3), and 
(4)''.
    Subsec. (c)(5) to (7). Pub. L. 100-203, Sec. 9106(a)(2), (3), added 
par. (5) and redesignated former pars. (5) and (6) as (6) and (7), 
respectively.
    Subsec. (e)(1)(A). Pub. L. 100-203, Sec. 9115(a)(1), substituted 
``(E), and (G)'' for ``and (E)''.
    Subsec. (e)(1)(B). Pub. L. 100-203, Sec. 9115(a)(2), inserted 
``(subject to subparagraph (G))'' after ``throughout any month''.
    Subsec. (e)(1)(B)(i) to (iii). Pub. L. 100-203, Sec. 9119(a), in 
cls. (i) and (ii)(I) substituted ``$360 per year'' for ``$300 per year'' 
and in cl. (iii) substituted ``$720 per year'' for ``$600 per year''.
    Subsec. (e)(1)(D). Pub. L. 100-203, Sec. 9113(a), substituted ``6 
months in any 9-month period'' for ``three months in any 12-month 
period''.
    Subsec. (e)(1)(G), (H). Pub. L. 100-203, Sec. 9115(a)(3), added 
subpars. (G) and (H).
    Subsec. (e)(5). Pub. L. 100-203, Sec. 9107, substituted ``living in 
the same hospital, home, or facility'' for ``sharing a room or 
comparable accommodation in a hospital, home, or facility'' and ``lived 
in the same such hospital, home, or facility'' for ``shared such a room 
or accommodation''.
    1986--Subsec. (d). Pub. L. 99-514 substituted ``Internal Revenue 
Code of 1986'' for ``Internal Revenue Code of 1954''.
    Subsec. (e)(1). Pub. L. 99-643, Sec. 3(a), in subpar. (A) 
substituted ``(D), and (E)'' for ``and (D)'', in subpar. (B) inserted 
``(subject to subparagraph (E))'' after ``shall be payable'', and added 
subpars. (E) and (F).
    Subsec. (e)(4). Pub. L. 99-643, Sec. 4(d)(1), struck out par. (4) 
which read as follows: ``No benefit shall be payable under this 
subchapter, except as provided in section 1382h of this title (or 
section 1382e(c)(3) of this title), with respect to an eligible 
individual or his eligible spouse who is an aged, blind, or disabled 
individual solely by application of section 1382c(a)(3)(F) of this title 
for any month, after the third month, in which he engages in substantial 
gainful activity during the fifteen-month period following the end of 
his trial work period determined by application of section 
1382c(a)(4)(D)(i) of this title.''
    Subsec. (e)(5). Pub. L. 99-643, Sec. 9(a), added par. (5).
    Subsec. (i). Pub. L. 99-643, Sec. 4(c)(3), added subsec. (i).
    1984--Subsec. (a)(1)(B). Pub. L. 98-369, Sec. 2611(a), substituted 
``the applicable amount determined under paragraph (3)(A)'' for 
``$2,250'' and ``the applicable amount determined under paragraph 
(3)(B)'' for ``$1,500''.
    Subsec. (a)(2)(B). Pub. L. 98-369, Sec. 2611(b), substituted ``the 
applicable amount determined under paragraph (3)(A)'' for ``$2,250''.
    Subsec. (a)(3). Pub. L. 98-369, Sec. 2611(c), added par. (3).
    Subsec. (c). Pub. L. 98-369, Sec. 2663(g)(1), amended heading.
    Subsec. (g). Pub. L. 98-369, Sec. 2663(g)(2), substituted ``or such 
individual'' for ``or individuals'' in provisions following par. (3).
    1983--Subsec. (e)(1)(A). Pub. L. 98-21, Sec. 403(a)(1), inserted 
reference to subpar. (D).
    Subsec. (e)(1)(D). Pub. L. 98-21, Sec. 403(a)(2), added subpar. (D).
    1982--Subsec. (c)(1). Pub. L. 97-248, Sec. 183(a)(1), inserted 
reference to pars. (3) and (4).
    Subsec. (c)(2). Pub. L. 97-248, Sec. 181(a), in par. (2) 
redesignated existing provisions as provisions preceding subpar. (A) and 
subpar. (A), and added subpar. (B).
    Subsec. (c)(3) to (6). Pub. L. 97-248, Secs. 181(a), 183(a)(2), (3), 
struck out par. (3) providing that an application shall be effective as 
of the first day of the month in which it is filed, added par. (3) 
providing that an application shall be effective on the later of the 
date it is filed or the date such individual first becomes eligible for 
such benefits with respect to such application and redesignated such 
par. (3) as (5), redesignated par. (4) as (6), and added pars. (3) and 
(4).
    1981--Subsec. (c). Pub. L. 97-35 substituted provision that 
eligibility and benefit amount generally be determined on a one-month 
retrospective basis, with for the first month of eligibility, the month 
in which the application is filed, eligibility and benefit amount both 
determined on a prospective basis for provision that eligibility and 
benefit amount be determined on a quarterly prospective basis and 
inserted provision authorizing the Secretary to grant waivers.
    1980--Subsec. (e)(4). Pub. L. 96-265 added par. (4).
    1976--Subsec. (e)(1)(A). Pub. L. 94-566, Sec. 505(a), inserted 
reference to subparagraph (C).
    Subsec. (e)(1)(B)(ii). Pub. L. 94-566, Sec. 502, inserted ``of the 
one who is in such hospital, home, or facility'' after ``section 
1382a(b) of this title'' in parenthetical provisions that follow ``the 
rate of $300 per year'' and inserted ``(reduced by the amount of any 
income, not excluded pursuant to section 1382a(b) of this title, of the 
other)'' after ``the applicable rate specified in subsection (b)(1) of 
this section''.
    Subsec. (e)(1)(C). Pub. L. 94-566, Sec. 505(a), added subpar. (C).
    1974--Pub. L. 93-368 inserted ``(or, if greater, the amount 
determined under section 1382f of this title)'' after ``$1,752'' in 
subsecs. (a)(1)(A) and (b)(1) and ``$2,628'' in subsecs. (a)(2)(A) and 
(b)(2).
    1973--Subsec. (a)(1)(A). Pub. L. 93-233, Sec. 4(b)(1), substituted 
``$1,752'' for ``$1,680''.
    Pub. L. 93-66, Sec. 210(a), substituted ``$1,680'' for ``$1,560''.
    Subsec. (a)(2)(A). Pub. L. 93-233, Sec. 4(b)(2), substituted 
``$2,628'' for ``$2,520''.
    Pub. L. 93-66, Sec. 210(b), substituted ``$2,520'' for ``$2,340''.
    Subsec. (b)(1). Pub. L. 93-233, Sec. 4(b)(1), substituted ``$1,752'' 
for ``$1,680''.
    Pub. L. 93-66, Sec. 210(a), substituted ``$1,680'' for ``$1,560''.
    Subsec. (b)(2). Pub. L. 93-233, Sec. 4(b)(2), substituted ``$2,628'' 
for ``$2,520''.
    Pub. L. 93-66, Sec. 210(b), substituted ``$2,520'' for ``$2,340''.
    Subsec. (g). Pub. L. 93-233, Sec. 18(d), incorporated existing 
provisions in text designated as cl. (1), added cls. (2) and (3), and 
substituted final December ``1973'' for ``1972''.
    Subsec. (h). Pub. L. 93-233, Sec. 18(e), incorporated existing text 
in provisions designated as cls. (1) and (2), added cls. (3) and (4), 
redesignated former cls. (1) and (2) as items (A) and (B), and in item 
(A) inserted ``under which he or they received such aid or assistance 
for December 1973''.


                    Effective Date of 1999 Amendments

    Amendment by section 402(a)(3) of Pub. L. 106-170 applicable to 
individuals whose period of confinement in an institution commences on 
or after the first day of the fourth month beginning after December 
1999, see section 402(a)(4) of Pub. L. 106-170, set out as a note under 
section 402 of Title 42, The Public Health and Welfare.
    Pub. L. 106-170, title IV, Sec. 402(c)(4), Dec. 17, 1999, 113 Stat. 
1909, provided that: ``The amendments made by this subsection [amending 
this section] shall take effect as if included in the enactment of 
section 203(a) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2186). The 
reference to section 202(x)(1)(A)(ii) of the Social Security Act 
[section 402(x)(1)(A)(ii) of this title] in section 1611(e)(1)(I)(i) of 
the Social Security Act [subsec. (e)(1)(I)(i) of this section], as 
amended by paragraph (2) of this subsection, shall be deemed a reference 
to such section 202(x)(1)(A)(ii) of such Act as amended by subsection 
(b)(1)(C) of this section.''
    Amendment by section 207(c) of Pub. L. 106-169 applicable to 
statements and representations made on or after Dec. 14, 1999, see 
section 207(e) of Pub. L. 106-169, set out as a note under section 402 
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 1996 Amendments

    Amendment by section 108(j) of Pub. L. 104-193 effective July 1, 
1997, with transition rules relating to State options to accelerate such 
date, rules relating to claims, actions, and proceedings commenced 
before such date, rules relating to closing out of accounts for 
terminated or substantially modified programs and continuance in office 
of Assistant Secretary for Family Support, and provisions relating to 
termination of entitlement under AFDC program, see section 116 of Pub. 
L. 104-193, as amended, set out as an Effective Date note under section 
601 of this title.
    Section 201(b) of Pub. L. 104-193 provided that: ``The amendment 
made by this section [amending this section] shall take effect on the 
date of the enactment of this Act [Aug. 22, 1996].''
    Section 202(c) of Pub. L. 104-193 provided that: ``The amendments 
made by this section [amending this section] shall take effect on the 
date of the enactment of this Act [Aug. 22, 1996].''
    Section 203(a)(2) of Pub. L. 104-193 provided that: ``The amendment 
made by this subsection [amending this section] shall apply to 
individuals whose period of confinement in an institution commences on 
or after the first day of the seventh month beginning after the month in 
which this Act is enacted [August 1996].''
    Section 204(d) of Pub. L. 104-193 provided that:
    ``(1) In general.--The amendments made by this section [amending 
this section and sections 1382c and 1383 of this title] shall apply to 
applications for benefits under title XVI of the Social Security Act 
[this subchapter] filed 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.
    ``(2) 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 below].''
    Section 214(b) of Pub. L. 104-193 provided that: ``The amendment 
made by this section [amending this section] shall apply to benefits for 
months beginning 90 or more days after the date of the enactment of this 
Act [Aug. 22, 1996], without regard to whether regulations have been 
issued to implement such amendments.''
    Section 105(b)(5) of Pub. L. 104-121, as amended by Pub. L. 105-33, 
title V, Sec. 5525(a), (b), Aug. 5, 1997, 111 Stat. 624, provided that:
    ``(A) The amendments made by paragraphs (1) and (4) [amending this 
section and sections 1382c and 1383c of this title] shall apply to any 
individual who applies for, or whose claim is finally adjudicated with 
respect to, supplemental security income benefits under title XVI of the 
Social Security Act [this subchapter] based on disability on or after 
the date of the enactment of this Act [Mar. 29, 1996], and, in the case 
of any individual who has applied for, and whose claim has been finally 
adjudicated with respect to, such benefits before such date of 
enactment, such amendments shall apply only with respect to such 
benefits for months beginning on or after January 1, 1997.
    ``(B) The amendments made by paragraphs (2) and (3) [enacting 
section 1383e of this title and amending section 1383 of this title] 
shall take effect on July 1, 1996, with respect to any individual--
        ``(i) whose claim for benefits is finally adjudicated on or 
    after the date of the enactment of this Act [Mar. 29, 1996], or
        ``(ii) whose eligibility for benefits is based upon an 
    eligibility redetermination made pursuant to subparagraph (C).
    ``(C) Within 90 days after the date of the enactment of this Act 
[Mar. 29, 1996], the Commissioner of Social Security shall notify each 
individual who is eligible for supplemental security income benefits 
under title XVI of the Social Security Act [this subchapter] for the 
month in which this Act is enacted and whose eligibility for such 
benefits would terminate by reason of the amendments made by this 
subsection [enacting section 1383e of this title and amending this 
section and sections 1382c, 1383, and 1383c of this title]. If such an 
individual reapplies for supplemental security income benefits under 
title XVI of such Act (as amended by this Act) within 120 days after the 
date of the enactment of this Act, the Commissioner of Social Security 
shall, not later than January 1, 1997, complete the eligibility 
redetermination (including a new medical determination) with respect to 
such individual pursuant to the procedures of such title.
    ``(D) For purposes of this paragraph, an individual's claim, with 
respect to supplemental security income benefits under title XVI of the 
Social Security Act [this subchapter] based on disability, which has 
been denied in whole before the date of the enactment of this Act [Mar. 
29, 1996], may not be considered to be finally adjudicated before such 
date if, on or after such date--
        ``(i) there is pending a request for either administrative or 
    judicial review with respect to such claim, or
        ``(ii) there is pending, with respect to such claim, a 
    readjudication by the Commissioner of Social Security pursuant to 
    relief in a class action or implementation by the Commissioner of a 
    court remand order.
    ``(E) Notwithstanding the provisions of this paragraph, with respect 
to any individual for whom the Commissioner does not perform the 
eligibility redetermination before the date prescribed in subparagraph 
(C), the Commissioner shall perform such eligibility redetermination in 
lieu of a continuing disability review whenever the Commissioner 
determines that the individual's eligibility is subject to 
redetermination based on the preceding provisions of this paragraph, and 
the provisions of section 1614(a)(4) of the Social Security Act [section 
1382c(a)(4) of this title] shall not apply to such redetermination.
    ``(F) For purposes of this paragraph, the phrase `supplemental 
security income 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 below].''
    [Amendment by Pub. L. 105-33 to section 105(b)(5) of Pub. L. 104-
121, set out above, effective as if included in the enactment of section 
105 of Pub. L. 104-121, see section 5528(c)(1) of Pub. L. 105-33, set 
out as an Effective Date of 1997 Amendment note under section 903 of 
this title.]


           Effective Date of 1994 Amendment; Sunset Provision

    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)(3)(C), (E), of Pub. L. 103-296 provided that:
    ``(C) Sunset of 36-month rule.--Section 1611(e)(3)(A)(v) of the 
Social Security Act [subsec. (e)(3)(A)(v) of this section] (added by 
subparagraph (A) of this paragraph) shall cease to be effective with 
respect to benefits for months after September 2004.
    ``(E) Effective date.--
        ``(i) In general.--Except as otherwise provided in this 
    paragraph [amending this section and section 1383c of this title and 
    enacting provisions set out as notes below], the amendments made by 
    this paragraph shall apply with respect to supplemental security 
    income benefits under title XVI of the Social Security Act [this 
    subchapter] by reason of disability which are otherwise payable in 
    months beginning after 180 days after the date of the enactment of 
    this Act [Aug. 15, 1994]. The Secretary of Health and Human Services 
    shall issue regulations necessary to carry out the amendments made 
    by this paragraph not later than 180 days after such date of 
    enactment.
        ``(ii) Referral and monitoring agencies.--The amendments made by 
    subparagraph (B) [amending this section] shall take effect 180 days 
    after the date of the enactment of this Act [Aug. 15, 1994].
        ``(iii) Termination after 36 months.--Clause (v) of section 
    1611(e)(3)(A) of the Social Security Act [subsec. (e)(3)(A) of this 
    section] (added by the amendment made by subparagraph (A) of this 
    paragraph) shall apply with respect to supplemental security income 
    benefits under title XVI of the Social Security Act [this 
    subchapter] by reason of disability for months beginning after 180 
    days after the date of the enactment of this Act [Aug. 15, 1994].''
    Section 204(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 of 1993 Amendment

    Section 13735(b) of Pub. L. 103-66 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply to benefits 
paid for months after the calendar year 1994.''


                    Effective Date of 1989 Amendment

    Section 8009(c) of Pub. L. 101-239 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 1382c 
of this title] shall apply with respect to benefits for months after 
March 1990.''
    Section 8010(c) of Pub. L. 101-239 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 1382c 
of this title] shall take effect on the 1st day of the 6th calendar 
month beginning after the date of the enactment of this Act [Dec. 19, 
1989].''


                    Effective Date of 1988 Amendment

    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 9106(b) of Pub. L. 100-203 provided that: ``The amendments 
made by subsection (a) [amending this section] shall become effective 
April 1, 1988.''
    Section 9107 of Pub. L. 100-203 provided that the amendment made by 
that section is effective Nov. 10, 1986.
    Section 9113(b) of Pub. L. 100-203 provided that:
    ``(1) The amendment made by subsection (a) [amending this section] 
shall become effective January 1, 1988.
    ``(2) In the application of section 1611(e)(1)(D) of the Social 
Security Act [subsec. (e)(1)(D) of this section] on and after the 
effective date of such amendment, months before January 1988 in which a 
person was an eligible individual or eligible spouse by reason of such 
section shall not be taken into account.''
    Section 9115(c) of Pub. L. 100-203 provided that: ``The amendments 
made by this section [amending this section and section 1396a of this 
title] shall become effective July 1, 1988.''
    Section 9119(c) of Pub. L. 100-203 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 1382g 
of this title] shall become effective July 1, 1988.''


                    Effective Date of 1986 Amendment

    Amendment by sections 3(a) and 4(c)(3), (d)(1) 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 9(b) of Pub. L. 99-643 provided that: ``The amendment made 
by subsection (a) [amending this section] shall take effect on the date 
of the enactment of this Act [Nov. 10, 1986].''


                    Effective Date of 1984 Amendment

    Amendment by section 2611(a)-(c) 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)(1), (2) 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 1983 Amendment

    Section 403(b) of Pub. L. 98-21 provided that: ``The amendments made 
by subsection (a) [amending this section] shall be effective with 
respect to months after the month in which this Act is enacted [April 
1983].''


                    Effective Date of 1982 Amendment

    Section 181(b) of Pub. L. 97-248 provided that: ``The amendment made 
by this section [amending this section] shall become effective on 
October 1, 1982.''
    Section 183(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 and Transitional Provisions

    Section 2341(c) of Pub. L. 97-35 provided that:
    ``(1) The amendments made by this section [amending this section and 
section 1382a of this title] shall be effective with respect to months 
after the first calendar quarter which ends more than five months after 
the month in which this Act is enacted [August 1981].
    ``(2) The Secretary of Health and Human Services may, under 
conditions determined by him to be necessary and appropriate, make a 
transitional payment or payments during the first two months for which 
the amendments made by this section are effective. A transitional 
payment made under this section shall be deemed to be a payment of 
supplemental security income benefits.''


                    Effective Date of 1980 Amendment

    Amendment by 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.


                    Effective Date of 1976 Amendment

    Section 505(e) of Pub. L. 94-566 provided that: ``The amendments 
[amending this section and section 1382a of this title] and repeals 
[repealing section 1382e(e) of this title] made by this section, unless 
otherwise specified therein, shall take effect on October 1, 1976.''


                    Effective Date of 1973 Amendments

    Section 4(b) of Pub. L. 93-233 provided that the amendments made by 
section 4(b)(1), (2) of Pub. L. 93-233 are effective with respect to 
payments for months after June 1974.
    Section 210(c) of Pub. L. 93-66, as amended Pub. L. 93-233, 
Sec. 4(a)(1), Dec. 31, 1973, 87 Stat. 953, provided: ``The amendments 
made by this section [amending this section] shall apply with respect to 
payments for months after December 1973.''


                             Effective Date

    Section 301 of Pub. L. 92-603 provided that this section is 
effective Jan. 1, 1974.


                               Regulations

    Section 215 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 
B (Secs. 211-215) of title II of Pub. L. 104-193, amending this section, 
sections 1382a to 1382c and 1383 of this title, sections 665e and 901 of 
Title 2, The Congress, and provisions set out as a note under section 
401 of this title, and repealing provisions set out as a note below].''


                     Construction of 1999 Amendment

    Amendment by Pub. L. 106-170 to be executed as if Pub. L. 106-169 
had been enacted after the enactment of Pub. L. 106-170, see section 
121(c)(1) of Pub. L. 106-169, set out as a note under section 1396a of 
this title.


           Study of Denial of SSI Benefits for Family Farmers

    Pub. L. 106-169, title II, Sec. 261, Dec. 14, 1999, 113 Stat. 1856, 
provided that:
    ``(a) In General.--The Commissioner of Social Security shall conduct 
a study of the reasons why family farmers with resources of less than 
$100,000 are denied supplemental security income benefits under title 
XVI of the Social Security Act [this subchapter], including whether the 
deeming process unduly burdens and discriminates against family farmers 
who do not institutionalize a disabled dependent, and shall determine 
the number of such farmers who have been denied such benefits during 
each of the preceding 10 years.
    ``(b) Report to the Congress.--Within 1 year after the date of the 
enactment of this Act [Dec. 14, 1999], the Commissioner of Social 
Security shall prepare and submit to the Committee on Ways and Means of 
the House of Representatives and the Committee on Finance of the Senate 
a report that contains the results of the study, and the determination, 
required by subsection (a).''


   Study of Other Potential Improvements in Collection of Information 
                        Respecting Public Inmates

    Section 203(b) of Pub. L. 104-193 provided that:
    ``(1) Study.--The Commissioner of Social Security shall conduct a 
study of the desirability, feasibility, and cost of--
        ``(A) establishing a system under which Federal, State, and 
    local courts would furnish to the Commissioner such information 
    respecting court orders by which individuals are confined in jails, 
    prisons, or other public penal, correctional, or medical facilities 
    as the Commissioner may require for the purpose of carrying out 
    section 1611(e)(1) of the Social Security Act [subsec. (e)(1) of 
    this section]; and
        ``(B) requiring that State and local jails, prisons, and other 
    institutions that enter into agreements with the Commissioner under 
    section 1611(e)(1)(I) of the Social Security Act [subsec. (e)(1)(I) 
    of this section] furnish the information required by such agreements 
    to the Commissioner by means of an electronic or other sophisticated 
    data exchange system.
    ``(2) Report.--Not later than 1 year after the date of the enactment 
of this Act [Aug. 22, 1996], the Commissioner of Social Security shall 
submit a report on the results of the study conducted pursuant to this 
subsection to the Committee on Finance of the Senate and the Committee 
on Ways and Means of the House of Representatives.''


                      Additional Report to Congress

    Section 203(c) of Pub. L. 104-193 provided that: ``Not later than 
October 1, 1998, the Commissioner of Social Security shall provide to 
the Committee on Finance of the Senate and the Committee on Ways and 
Means of the House of Representatives a list of the institutions that 
are and are not providing information to the Commissioner under section 
1611(e)(1)(I) of the Social Security Act (as added by this section) 
[subsec. (e)(1)(I) of this section].''


                   Study by General Accounting Office

    Section 232 of title II of Pub. L. 104-193 provided that: ``Not 
later than January 1, 1999, the Comptroller General of the United States 
shall study and report on--
        ``(1) the impact of the amendments made by, and the provisions 
    of, this title [enacting section 1383f of this title, amending this 
    section, sections 1382a to 1382c, and 1383 of this title, and 
    sections 665e and 901 of Title 2, The Congress, enacting provisions 
    set out as notes under this section and sections 1382a, 1382c, and 
    1383 of this title, amending provisions set out as a note under 
    section 401 of this title, and repealing provisions set out as a 
    note below] on the supplemental security income program under title 
    XVI of the Social Security Act [this subchapter]; and
        ``(2) extra expenses incurred by families of children receiving 
    benefits under such title that are not covered by other Federal, 
    State, or local programs.''


  Report to Congress on Referral, Monitoring and Treatment Activities 
                 Relating to Alcoholics and Drug Addicts

    Section 201(b)(3)(B)(ii) of Pub. L. 103-296, which directed 
Secretary of Health and Human Services to submit to Congress, not later 
than Dec. 31, 1996, a report on the Secretary's activities under subsec. 
(e)(3)(B) of this section, was repealed by Pub. L. 105-33, title V, 
Sec. 5525(c), Aug. 5, 1997, 111 Stat. 625.


               Transition Rules for Current Beneficiaries

    Section 201(b)(3)(F) of Pub. L. 103-296 provided that: ``In any case 
in which an individual is eligible for supplemental security income 
benefits under title XVI of the Social Security Act [this subchapter] by 
reason of disability, the determination of disability was made by the 
Secretary of Health and Human Services during or before the 180-day 
period following the date of the enactment of this Act [Aug. 15, 1994], 
and alcoholism or drug addiction is a contributing factor material to 
the Secretary's determination that the individual is disabled, for 
purposes of section 1611(e)(3)(A)(v) of the Social Security Act [subsec. 
(e)(3)(A)(v) of this section] (added by the amendment made by 
subparagraph (A) of this paragraph)--
        ``(i) the first month of such eligibility beginning after 180 
    days after the date of the enactment of this Act shall be treated as 
    the individual's first month of such eligibility; and
        ``(ii) the Secretary shall notify the individual of the 
    requirements of the amendments made by this paragraph [amending this 
    section and section 1383c of this title] no later than 180 days 
    after the date of the enactment of this Act.''


                   Commission on Childhood Disability

    Section 202 of Pub. L. 103-296 provided for establishment of a 
Commission on the Evaluation of Disability to conduct a study, in 
consultation with the National Academy of Sciences, of effects of 
definition of ``disability'' under this subchapter in effect on Aug. 15, 
1994, as such definition applied to determining whether a child under 
age of 18 was eligible to receive benefits under this subchapter, the 
appropriateness of such definition, and the advantages and disadvantages 
of using any alternative definition of disability in determining whether 
a child under age 18 was eligible to receive benefits under this 
subchapter, and further provided for contents of study, appointment of 
Commission members, administrative provisions, assistance of experts, 
and for submission of report to Congress not later than Nov. 30, 1995.


  Disability Review Required for SSI Recipients Who Are 18 Years of Age

    Section 207 of Pub. L. 103-296, which required applicable State 
agency or Secretary of Health and Human Services to redetermine 
eligibility of qualified individual for supplemental security income 
benefits under this subchapter by reason of disability, by applying 
criteria used in determining eligibility for such benefits of applicants 
who have attained 18 years of age during 1-year period beginning on date 
qualified individual attains 18 years of age, and Secretary to conduct 
such redeterminations with respect to not less than \1/3\ of qualified 
individuals in each of fiscal years 1996 through 1998, defined term 
``qualified individual'', and provided that such redetermination was to 
be considered substitute for review required under section 
1382c(a)(3)(G) of this title, that redetermination requirement was to 
have no force or effect after Oct. 1, 1998, and that not later than Oct. 
1, 1998, Secretary was to submit to House Ways and Means and Senate 
Finance Committees report on such activities, was repealed by Pub. L. 
104-193, title II, Sec. 212(b)(2), Aug. 22, 1996, 110 Stat. 2193.


                      Continuing Disability Reviews

    Section 208 of Pub. L. 103-296 provided that:
    ``(a) Temporary Annual Minimum Number of Reviews.--During each year 
of the 3-year period that begins on October 1, 1995, the Secretary of 
Health and Human Services shall apply section 221(i) of the Social 
Security Act [section 421(i) of this title] in making disability 
determinations under title XVI of such Act [this subchapter] with 
respect to at least 100,000 recipients of supplemental security income 
benefits under such title.
    ``(b) Report to the Congress.--Not later than October 1, 1998, the 
Secretary of Health and Human Services shall submit to the Committee on 
Ways and Means of the House of Representatives and the Committee on 
Finance of the Senate a report on the activities conducted under 
subsection (a).''


Notification of Possible Benefit Availability to Potential Supplemental 
                       Security Income Recipients

    Section 405 of Pub. L. 98-21 provided that: ``Prior to July 1, 1984, 
the Secretary of Health and Human Services shall notify all elderly 
recipients of benefits under title II of the Social Security Act 
[subchapter II of this chapter] who may be eligible for supplemental 
security income benefits under title XVI of such Act [this subchapter] 
of the availability of the supplemental security income program, and 
shall encourage such recipients to contact the Social Security district 
office. Such notification shall also be made to all recipients prior to 
attainment of age 65, with the notification made with respect to 
eligibility for supplementary medical insurance.''


Assistance Paid Under Certain Housing Acts Not Considered in Determining 
     Eligibility for Benefits Under This Subchapter; Effective Date

    Pub. L. 94-375, Sec. 2(h), Aug. 3, 1976, 90 Stat. 1068, provided 
that: ``Notwithstanding any other provision of law, the value of any 
assistance paid with respect to a dwelling unit under the United States 
Housing Act of 1937 [section 1437 et seq. of this title], the National 
Housing Act [section 1701 et seq. of Title 12, Banks and Banking], 
section 101 of the Housing and Urban Development Act of 1965 [section 
1701s of Title 12 and sections 1451 and 1465 of this title], or title V 
of the Housing Act of 1949 [section 1471 et seq. of this title] may not 
be considered as income or a resource for the purpose of determining the 
eligibility of, or the amount of the benefits payable to, any person 
living in such unit for assistance under title XVI of the Social 
Security Act [this subchapter]. This subsection shall become effective 
on October 1, 1976.''


           Special $50 Payment Under Tax Reduction Act of 1975

    Special payment of $50 as soon as practicable after Mar. 29, 1975, 
by the Secretary of the Treasury to each individual who, for the month 
of March, 1975, was entitled to a benefit under the supplemental 
security income benefits program established by this subchapter, see 
section 702 of Pub. L. 94-12, set out as a note under section 402 of 
this title.


    Adjustment of Individual's Monthly Supplemental Security Income 
                   Payments; Regulations; Limitations

    Pub. L. 93-335, Sec. 2(b)(2), July 8, 1974, 88 Stat. 291, authorized 
the Secretary of Health, Education, and Welfare to prescribe regulations 
for the adjustment of an individual's monthly supplemental security 
income payment in accordance with any increase to which such individual 
might be entitled under the amendment made by subsection (a) of this 
section [amending section 212(a)(3)(B)(i) of Pub. L. 93-66, set out 
below]; provided that such adjustment in monthly payment, together with 
the remittance of any prior unpaid increments to which such individual 
might be entitled under such amendment, was to be made no later than the 
first day of the first month beginning more than sixty days after July 
8, 1974.


     Medicaid Eligibility for Individuals Receiving Mandatory State 
                 Supplementary Payments; Effective Date

    Additional requirement for approval of subchapter XIX State plan for 
medical assistance respecting medicaid eligibility for individuals 
receiving mandatory State supplementary payments, see section 13(c) of 
Pub. L. 93-233, set out as a note under section 1396a of this title.


 Federal Program of Supplemental Security Income; Supplemental Security 
    Income Benefits for Essential Persons; Definitions of Qualified 
                     Individual and Essential Person

    Section 211 of Pub. L. 93-66, as amended by Pub. L. 93-233, 
Sec. 4(a)(2), (b)(3), Dec. 31, 1973, 87 Stat. 953, provided that:
    ``(a)(1) In determining (for purposes of title XVI of the Social 
Security Act [this subchapter], as in effect after December 1973) the 
eligibility for and the amount of the supplemental security income 
benefit payable to any qualified individual (as defined in subsection 
(b)), with respect to any period for which such individual has in his 
home an essential person (as defined in subsection (c))--
        ``(A) the dollar amounts specified in subsection (a)(1)(A) and 
    (2)(A), and subsection (b)(1) and (2), of section 1611 of such Act 
    [this section], shall each be increased by $876 for each such 
    essential person, and
        ``(B) the income and resources of such individual shall (for 
    purposes of such title XVI [this subchapter]) be deemed to include 
    the income and resources of such essential person;
except that the provisions of this subsection shall not, in the case of 
any individual, be applicable for any period which begins in or after 
the first month that such individual--
        ``(C) does not but would (except for the provisions of 
    subparagraph (B)) meet--
            ``(i) the criteria established with respect to income in 
        section 1611(a) of such Act [subsec. (a) of this section], or
            ``(ii) the criteria established with respect to resources by 
        such section 1611(a) [subsec. (a) of this section] (or, if 
        applicable, by section 1611(g) of such Act [subsec. (g) of this 
        section]).
    ``(2) The provisions of section 1611(g) of the Social Security Act 
[subsec. (g) of this section] (as in effect after December 1973) shall, 
in the case of any qualified individual (as defined in subsection (b)), 
be applied so as to include, in the resources of such individual, the 
resources of any person (described in subsection (b)(2)) whose needs 
were taken into account in determining the need of such individual for 
the aid or assistance referred to in subsection (b)(1).
    ``(b) For purposes of this section, an individual shall be a 
`qualified individual' only if--
        ``(1) for the month of December 1973 such individual was a 
    recipient of aid or assistance under a State plan approved under 
    title I, X, XIV, or XVI of the Social Security Act [subchapter I, X, 
    XIV, or XVI of this chapter], and
        ``(2) in determining the need of such individual for such aid or 
    assistance for such month under such State plan, there were taken 
    into account the needs of a person (other than such individual) 
    who--
            ``(A) was living in the home of such individual, and
            ``(B) was not eligible (in his or her own right) for aid or 
        assistance under such State plan for such month.
    ``(c) The term `essential person', when used in connection with any 
qualified individual, means a person who--
        ``(1) for the month of December 1973 was a person (described in 
    subsection (b)(2)) whose needs were taken into account in 
    determining the need of such individual for aid or assistance under 
    a State plan referred to in subsection (b)(1) as such State plan was 
    in effect for June 1973,
        ``(2) lives in the home of such individual,
        ``(3) is not eligible (in his or her own right) for supplemental 
    security income benefits under title XVI of the Social Security Act 
    [this subchapter] (as in effect after December 1973), and
        ``(4) is not the eligible spouse (as that term is used in such 
    title XVI [this subchapter]) of such individual or any other 
    individual.
If for any month after December 1973 any person fails to meet the 
criteria specified in paragraph (2), (3), or (4) of the preceding 
sentence, such person shall not, for such month or any month thereafter 
be considered to be an essential person.''
    [Amendment of section 211(a)(1)(A) of Pub. L. 93-66, set out above, 
by Pub. L. 93-233 effective with respect to payments for months after 
June 1974, see section 4(b) of Pub. L. 93-233.]


Mandatory Minimum State Supplementation of Supplemental Security Income 
  Benefits Program; December 1973 Income; Title XVI Benefit Plus Other 
   Income; Reduction of Amount; Administration Agreement; Payments to 
             Commissioner; State Constitutional Restriction

    Section 212 of Pub. L. 93-66, as amended by Pub. L. 93-233, Sec. 10, 
Dec. 31, 1973, 87 Stat. 957; Pub. L. 93-335, Sec. 2(a), July 8, 1974, 88 
Stat. 291; Pub. L. 96-265, title II, Sec. 201(b)(2), June 9, 1980, 94 
Stat. 446; Pub. L. 103-66, title XIII, Sec. 13731(a)(2), Aug. 10, 1993, 
107 Stat. 661; Pub. L. 105-33, title V, Sec. 5102(a)(2), (b)(1)(B), Aug. 
5, 1997, 111 Stat. 595, 596; Pub. L. 105-78, title V, Sec. 516(a)(2), 
(b)(1)(B), Nov. 13, 1997, 111 Stat. 1518, 1519; Pub. L. 106-170, title 
IV, Sec. 410(a)(2), Dec. 17, 1999, 113 Stat. 1916, provided that:
    ``(a)(1) In order for any State (other than the Commonwealth of 
Puerto Rico, Guam, or the Virgin Islands) to be eligible for payments 
pursuant to title XIX [subchapter XIX of this chapter], with respect to 
expenditures for any quarter beginning after December 1973, such State 
must have in effect an agreement with the Commissioner of Social 
Security (hereinafter in this section referred to as the `Commissioner 
of Social Security') whereby the State will provide to individuals 
residing in the State supplementary payments as required under paragraph 
(2).
    ``(2) Any agreement entered into by a State pursuant to paragraph 
(1) shall provide that each individual who--
        ``(A) is an aged, blind, or disabled individual (within the 
    meaning of section 1614(a) of the Social Security Act [section 
    1382c(a) of this title], as enacted by section 301 of the Social 
    Security Amendments of 1972), and
        ``(B) for the month of December 1973 was a recipient of (and was 
    eligible to receive) aid or assistance (in the form of money 
    payments) under a State plan of such State (approved under title I, 
    X, XIV, or XVI, of the Social Security Act [subchapter I, X, XIV, or 
    XVI of this chapter])
shall be entitled to receive, from the State, the supplementary payment 
described in paragraph (3) for each month, beginning with January 1974, 
and ending with whichever of the following first occurs:
        ``(C) the month in which such individual dies, or
        ``(D) the first month in which such individual ceases to meet 
    the condition specified in subparagraph (A);
except that no individual shall be entitled to receive such 
supplementary payment for any month, if, for such month, such individual 
was ineligible to receive supplemental income benefits under title XVI 
of the Social Security Act [this chapter] by reason of the provisions of 
section 1611(e)(1)(A), (2), or (3) [subsec. (e)(1)(A), (2), or (3) of 
this section], 1611(f) [subsec. (f) of this section], or 1615(c) of such 
Act [section 1382d(c) of this title].
    ``(3)(A) The supplementary payment referred to in paragraph (2) 
which shall be paid for any month to any individual who is entitled 
thereto under an agreement entered into pursuant to this subsection 
shall (except as provided in subparagraphs (D) and (E)) be an amount 
equal to (i) the amount by which such individual's `December 1973 
income' (as determined under subparagraph (B)) exceeds the amount of 
such individual's `title XVI benefit plus other income' (as determined 
under subparagraph (C)) for such month, or (ii) if greater, such amount 
as the State may specify.
    ``(B) For purposes of subparagraph (A), an individual's `December 
1973 income' means an amount equal to the aggregate of--
        ``(i) the amount of the aid or assistance (in the form of money 
    payments) which such individual would have received (including any 
    part of such amount which is attributable to meeting the needs of 
    any other person whose presence in such individual's home is 
    essential to such individual's well-being) for the month of December 
    1973 under a plan (approved under title I, X, XIV, or XVI, of the 
    Social Security Act [subchapter I, X, XIV, or XVI of this chapter]) 
    of the State entering into an agreement under this subsection, if 
    the terms and conditions of such plan (relating to eligibility for 
    and amount of such aid or assistance payable thereunder) were, for 
    the month of December 1973, the same as those in effect, under such 
    plan, for the month of June 1973, together with the bonus value of 
    food stamps for January 1972, as defined in section 401(b)(3) of 
    Public Law 92-603 [set out as a note under section 1382e of this 
    title], if, for such month, such individual resides in a State which 
    provides State supplementary payments (I) of the type described in 
    section 1616(a) of the Social Security Act [section 1382e(a) of this 
    title], and (II) the level of which has been found by the 
    Commissioner of Social Security pursuant to section 8 of Public Law 
    93-233 [set out as notes under section 1382e of this title and 
    sections 612c, 1431 and 2012 of Title 7, Agriculture] to have been 
    specifically increased so as to include the bonus value of food 
    stamps, and
        ``(ii) the amount of the income of such individual (other than 
    the aid or assistance described in clause (i)) received by such 
    individual in December 1973, minus any such income which did not 
    result, but which if properly reported would have resulted in a 
    reduction in the amount of such aid or assistance.
    ``(C) For purposes of subparagraph (A), the amount of an 
individual's `title XVI benefit plus other income' for any month means 
an amount equal to the aggregate of--
        ``(i) the amount (if any) of the supplemental security income 
    benefit to which such individual is entitled for such month under 
    title XVI of the Social Security Act [this subchapter], and
        ``(ii) the amount of any income of such individual for such 
    month (other than income in the form of a benefit described in 
    clause (i)).
    ``(D) If the amount determined under subparagraph (B)(i) includes, 
in the case of any individual, an amount which was payable to such 
individual solely because of--
        ``(i) a special need of such individual (including any special 
    allowance for housing, or the rental value of housing furnished in 
    kind to such individual in lieu of a rental allowance) which existed 
    in December 1973, or
        ``(ii) any special circumstance (such as the recognition of the 
    needs of a person whose presence in such individual's home, in 
    December 1973, was essential to such individual's well-being),
and, if for any month after December 1973 there is a change with respect 
to such special need or circumstance which, if such change had existed 
in December 1973, the amount described in subparagraph (B)(i) with 
respect to such individual would have been reduced on account of such 
change, then, for such month and for each month thereafter the amount of 
the supplementary payment payable under the agreement entered into under 
this subsection to such individual shall (unless the State, at its 
option, otherwise specifies) be reduced by an amount equal to the amount 
by which the amount (described in subparagraph (B)(i)) would have been 
so reduced.
    ``(E)(i) In the case of an individual who, for December 1973 lived 
as a member of a family unit other members of which received aid (in the 
form of money payments) under a State plan of a State approved under 
part A of title IV of the Social Security Act [part A of subchapter IV 
of this chapter], such State at its option, may (subject to clause (ii)) 
reduce such individual's December 1973 income (as determined under 
subparagraph (B)) to such extent as may be necessary to cause the 
supplementary payment (referred to in paragraph (2)) payable to such 
individual for January 1974 or any month thereafter to be reduced to a 
level designed to assure that the total income of such individual (and 
of the members of such family unit) for any month after December 1973 
does not exceed the total income of such individual (and of the members 
of such family unit) for December 1973.
    ``(ii) The amount of the reduction (under clause (i)) of any 
individual's December 1973 income shall not be in an amount which would 
cause the supplementary payment (referred to in paragraph (2)) payable 
to such individual to be reduced below the amount of such supplementary 
payment which would be payable to such individual if he had, for the 
month of December 1973 not lived in a family, members of which were 
receiving aid under part A of title IV of the Social Security Act [part 
A of subchapter IV of this chapter], and had had no income for such 
month other than that received as aid or assistance under a State plan 
approved under title I, X, XIV, or XVI of the Social Security Act 
[subchapter I, X, XIV, or XVI of this chapter].
    ``(4) Any State having an agreement with the Commissioner of Social 
Security under paragraph (1) may, at its option, include individuals 
receiving benefits under section 1619 of the Social Security Act 
[section 1382h of this title], or who would be eligible to receive such 
benefits but for their income, under the agreement as though they are 
aged, blind, or disabled individuals as specified in paragraph (2)(A).
    ``(b)(1) Any State having an agreement with the Commissioner of 
Social Security under subsection (a) may enter into an administration 
agreement with the Commissioner of Social Security whereby the 
Commissioner of Social Security will, on behalf of such State, make the 
supplementary payments required under the agreement entered into under 
subsection (a).
    ``(2) Any such administration agreement between the Commissioner of 
Social Security and a State entered into under this subsection shall 
provide that the State will (A) certify to the Commissioner of Social 
Security the names of each individual who, for December 1973, was a 
recipient of aid or assistance (in the form of money payments) under a 
plan of such State approved under title I, X, XIV, or XVI of the Social 
Security Act [subchapter I, X, XIV, or XVI of this chapter], together 
with the amount of such assistance payable to each such individual and 
the amount of such individual's December 1973 income (as defined in 
subsection (a)(3)(B)), and (B) provide the Commissioner of Social 
Security with such additional data at such times as the Commissioner of 
Social Security may reasonably require in order properly, economically, 
and efficiently to carry out such administration agreement.
    ``(3)(A) Any State which has entered into an administration 
agreement under this subsection shall, in accordance with subparagraph 
(E), pay to the Commissioner of Social Security an amount equal to the 
expenditures made by the Commissioner of Social Security as 
supplementary payments to individuals entitled thereto under the 
agreement entered into with such State under subsection (a), plus an 
administration fee assessed in accordance with subparagraph (B) and any 
additional services fee charged in accordance with subparagraph (C).
    ``(B)(i) 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 
    subsection for any month in a fiscal year; multiplied by
        ``(II) the applicable rate for the fiscal year.
    ``(ii) As used in clause (i), 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--
            ``(aa) 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
            ``(bb) such different rate as the Commissioner determines is 
        appropriate for the State.
    ``(iii) Upon making a determination under clause (ii)(X)(bb), 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.
    ``(iv) All fees assessed pursuant to this subparagraph 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.
    ``(C)(i) 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 subsection.
    ``(ii) 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 clause (i).
    ``(D)(i) The first $5 of each administration fee assessed pursuant 
to subparagraph (B), upon collection, shall be deposited in the general 
fund of the Treasury of the United States as miscellaneous receipts.
    ``(ii) The portion of each administration fee in excess of $5, and 
100 percent of each additional services fee charged pursuant to 
subparagraph (C), 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 section and title XVI of the Social 
Security Act [this subchapter] and related laws.
    ``(E)(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 paragraph with respect to monthly 
benefits paid to individuals under title XVI of the Social Security Act 
[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 Cash Management Improvement Act of 1990 [see Short Title 
of 1990 Amendment note set out under section 6501 of Title 31, Money and 
Finance] shall not apply to any payments or fees required under this 
paragraph that are paid by a State before the date required by clause 
(i).
    ``(iii) Notwithstanding clause (i), the Commissioner may make 
supplementary payments on behalf of a State with funds appropriated for 
payment of supplemental security income benefits under title XVI of the 
Social Security Act [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 clause (i) are determined by the Commissioner to exist.
    ``(c)(1) Supplementary payments made pursuant to an agreement 
entered into under subsection (a) shall be excluded under section 
1612(b)(6) of the Social Security Act [section 1382a(b)(6) of this 
title] (as in effect after December 1973) in determining income of 
individuals for purposes of title XVI of such Act [this subchapter] (as 
so in effect).
    ``(2) Supplementary payments made by the Commissioner of Social 
Security (pursuant to an administration agreement entered into under 
subsection (b)) shall, for purposes of section 401 of the Social 
Security Amendments of 1972 [set out as a note under section 1382e of 
this title], be considered to be payments made under an agreement 
entered into under section 1616 of the Social Security Act [section 
1382e of this title] (as enacted by section 301 of the Social Security 
Amendments of 1972); except that nothing in this paragraph shall be 
construed to waive, with respect to the payments so made by the 
Commissioner of Social Security, the provisions of subsection (b) of 
such section 401 [set out as a note under section 1382e of this title].
    ``(d) For purposes of subsection (a)(1), a State shall be deemed to 
have entered into an agreement under subsection (a) of this section if 
such State has entered into an agreement with the Commissioner of Social 
Security under section 1616 of the Social Security Act [section 1382e of 
this title] under which--
        ``(1) individuals, other than individuals described in 
    subsection (a)(2)(A) and (B), are entitled to receive supplementary 
    payments, and
        ``(2) supplementary benefits are payable, to individuals 
    described in subsection (a)(2)(A) and (B) at a level and under terms 
    and conditions which meet the minimum requirements specified in 
    subsection (a).
    ``(e) Except as the Commissioner of Social Security may by 
regulations otherwise provide, the provisions of title XVI of the Social 
Security Act [this subchapter] (as enacted by section 301 of the Social 
Security Amendments of 1972), including the provisions of part B of such 
title [part B of this subchapter], relating to the terms and conditions 
under which the benefits authorized by such title [this subchapter] are 
payable shall, where not inconsistent with the purposes of this section, 
be applicable to the payments made under an agreement under subsection 
(b) of this section; and the authority conferred upon the Commissioner 
of Social Security by such title [this subchapter] may, where 
appropriate, be exercised by him in the administration of this section.
    ``(f) The provisions of subsection (a)(1) shall not be applicable in 
the case of any State--
        ``(1) the Constitution of which contains provisions which make 
    it impossible for such State to enter into and commence carrying out 
    (on January 1, 1974) an agreement referred to in subsection (a), and
        ``(2) the Attorney General (or other appropriate State official) 
    of which has, prior to July 1, 1973, made a finding that the State 
    Constitution of such State contains limitations which prevent such 
    State from making supplemental payments of the type described in 
    section 1616 of the Social Security Act [section 1382e of this 
    title].''
    [For effective date of amendment to section 212 of Pub. L. 93-66, 
set out above, by Pub. L. 106-170, see section 410(b) of Pub. L. 106-
170, set out as an Effective Date of 1999 Amendment note under section 
1382e of this title.]
    [For effective date of amendment to section 212 of Pub. L. 93-66, 
set out above, by Pub. L. 103-66, see section 13731(b) of Pub. L. 103-
66, set out as an Effective Date of 1993 Amendment note under section 
1382e of this title.]
    [Section 2(b)(1) of Pub. L. 93-335, July 8, 1974, 88 Stat. 291, 
provided that the amendment of section 212 of Pub. L. 93-66, set out 
above, by Pub. L. 93-335 is effective Jan. 1, 1974.]
    [Amendment of section 212 of Pub. L. 93-66, set out above, 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.]


                 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 1602 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 1602 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. 1382. State plans for aid to aged, blind, or disabled
(a) Contents
    A State plan for aid to the aged, blind, or disabled, must--
        (1) except to the extent permitted by the Commissioner of Social 
    Security with respect to services, provide that it shall be in 
    effect in all political subdivisions of the State, and, if 
    administered by them, be mandatory upon them;
        (2) provide for financial participation by the State;
        (3) either provide for the establishment or designation of a 
    single State agency to administer the plan, or provide for the 
    establishment or designation of a single State agency to supervise 
    the administration of the plan;
        (4) provide (A) for granting an opportunity for a fair hearing 
    before the State agency to any individual whose claim for aid or 
    assistance under the plan is denied or is not acted upon with 
    reasonable promptness, and (B) that if the State plan is 
    administered in each of the political subdivisions of the State by a 
    local agency and such local agency provides a hearing at which 
    evidence may be presented prior to a hearing before the State 
    agency, such local agency may put into effect immediately upon 
    issuance its decision upon the matter considered at such hearing;
        (5) provide (A) such methods of administration (including 
    methods relating to the establishment and maintenance of personnel 
    standards on a merit basis, except that the Commissioner of Social 
    Security shall exercise no authority with respect to the selection, 
    tenure of office, and compensation of any individual employed in 
    accordance with such methods) as are found by the Commissioner of 
    Social Security to be necessary for the proper and efficient 
    operation of the plan, and (B) for the training and effective use of 
    paid subprofessional staff, with particular emphasis on the full-
    time or part-time employment of recipients and other persons of low 
    income, as community service aides, in the administration of the 
    plan and for the use of nonpaid or partially paid volunteers in a 
    social service volunteer program in providing services to applicants 
    and recipients and in assisting any advisory committees established 
    by the State agency;
        (6) provide that the State agency will make such reports, in 
    such form and containing such information, as the Commissioner of 
    Social Security may from time to time require, and comply with such 
    provisions as the Commissioner of Social Security may from time to 
    time find necessary to assure the correctness and verification of 
    such reports;
        (7) provide safeguards which permit the use or disclosure of 
    information concerning applicants or recipients only (A) to public 
    officials who require such information in connection with their 
    official duties, or (B) to other persons for purposes directly 
    connected with the administration of the State plan;
        (8) provide that all individuals wishing to make application for 
    aid or assistance under the plan shall have opportunity to do so, 
    and that such aid or assistance shall be furnished with reasonable 
    promptness to all eligible individuals;
        (9) provide, if the plan includes aid or assistance to or on 
    behalf of individuals in private or public institutions, for the 
    establishment or designation of a State authority or authorities 
    which shall be responsible for establishing and maintaining 
    standards for such institutions;
        (10) provide a description of the services (if any) which the 
    State agency makes available (using whatever internal organizational 
    arrangement it finds appropriate for this purpose) to applicants for 
    or recipients of aid or assistance under the plan to help them 
    attain self-support or self-care, including a description of the 
    steps taken to assure, in the provision of such services, maximum 
    utilization of other agencies providing similar or related services;
        (11) provide that no aid or assistance will be furnished any 
    individual under the plan with respect to any period with respect to 
    which he is receiving assistance under the State plan approved under 
    subchapter I of this chapter or assistance under a State program 
    funded under part A of subchapter IV of this chapter or under 
    subchapter X or XIV of this chapter;
        (12) provide that, in determining whether an individual is 
    blind, there shall be an examination by a physician skilled in the 
    diseases of the eye or by an optometrist, whichever the individual 
    may select;
        (13) include reasonable standards, consistent with the 
    objectives of this subchapter, for determining eligibility for and 
    the extent of aid or assistance under the plan;
        (14) provide that the State agency shall, in determining need 
    for aid to the aged, blind, or disabled, take into consideration any 
    other income and resources of an individual claiming such aid, as 
    well as any expenses reasonably attributable to the earning of any 
    such income; except that, in making such determination with respect 
    to any individual--
            (A) if such individual is blind, the State agency (i) shall 
        disregard the first $85 per month of earned income plus one-half 
        of earned income in excess of $85 per month, and (ii) shall, for 
        a period not in excess of 12 months, and may, for a period not 
        in excess of 36 months, disregard such additional amounts of 
        other income and resources, in the case of any such individual 
        who has a plan for achieving self-support approved by the State 
        agency, as may be necessary for the fulfillment of such plan,
            (B) if such individual is not blind but is permanently and 
        totally disabled, (i) of the first $80 per month of earned 
        income, the State agency may disregard not more than the first 
        $20 thereof plus one-half of the remainder, and (ii) the State 
        agency may, for a period not in excess of 36 months, disregard 
        such additional amounts of other income and resources, in the 
        case of any such individual who has a plan for achieving self-
        support approved by the State agency, as may be necessary for 
        the fulfillment of such plan, but only with respect to the part 
        or parts of such period during substantially all of which he is 
        actually undergoing vocational rehabilitation,
            (C) if such individual has attained age 65 and is neither 
        blind nor permanently and totally disabled, of the first $80 per 
        month of earned income the State agency may disregard not more 
        than the first $20 thereof plus one-half of the remainder, and
            (D) the State agency may, before disregarding the amounts 
        referred to above in this paragraph (14), disregard not more 
        than $7.50 of any income; and
        (15) provide that information is requested and exchanged for 
    purposes of income and eligibility verification in accordance with a 
    State system which meets the requirements of section 1320b-7 of this 
    title.
Notwithstanding paragraph (3), if on January 1, 1962, and on the date on 
which a State submits its plan for approval under this subchapter, the 
State agency which administered or supervised the administration of the 
plan of such State approved under subchapter X of this chapter was 
different from the State agency which administered or supervised the 
administration of the plan of such State approved under subchapter I of 
this chapter and the State agency which administered or supervised the 
administration of the plan of such State approved under subchapter XIV 
of this chapter, the State agency which administered or supervised the 
administration of such plan approved under subchapter X of this chapter 
may be designated to administer or supervise the administration of the 
portion of the State plan for aid to the aged, blind, or disabled which 
relates to blind individuals and a separate State agency may be 
established or designated to administer or supervise the administration 
of the rest of such plan; and in such case the part of the plan which 
each such agency administers, or the administration of which each such 
agency supervises, shall be regarded as a separate plan for purposes of 
this subchapter.
(b) Approval by Commissioner
    The Commissioner of Social Security shall approve any plan which 
fulfills the conditions specified in subsection (a) of this section, 
except that the Commissioner shall not approve any plan which imposes, 
as a condition of eligibility for aid or assistance under the plan--
        (1) an age requirement of more than sixty-five years; or
        (2) any residence requirement which excludes any resident of the 
    State who has resided therein five years during the nine years 
    immediately preceding the application for such aid and has resided 
    therein continuously for one year immediately preceding the 
    application; or
        (3) any citizenship requirement which excludes any citizen of 
    the United States.
At the option of the State, the plan may provide that manuals and other 
policy issuances will be furnished to persons without charge for the 
reasonable cost of such materials, but such provision shall not be 
required by the Commissioner of Social Security as a condition for the 
approval of such plan under this subchapter. In the case of any State to 
which the provisions of section 344 of the Social Security Act 
Amendments of 1950 were applicable on January 1, 1962, and to which the 
sentence of section 1202(b) of this title following paragraph (2) 
thereof is applicable on the date on which its State plan for aid to the 
aged, blind, or disabled was submitted for approval under this 
subchapter, the Commissioner of Social Security shall approve the plan 
of such State for aid to the aged, blind, or disabled for purposes of 
this subchapter, even though it does not meet the requirements of 
paragraph (14) of subsection (a) of this section, if it meets all other 
requirements of this subchapter for an approved plan for aid to the 
aged, blind, or disabled; but payments under section 1383 of this title 
shall be made, in the case of any such plan, only with respect to 
expenditures thereunder which would be included as expenditures for the 
purposes of section 1383 of this title under a plan approved under this 
section without regard to the provisions of this sentence.
(c) Limitation on number of plans
    Subject to the last sentence of subsection (a) of this section, 
nothing in this subchapter shall be construed to permit a State to have 
in effect with respect to any period more than one State plan approved 
under this subchapter.

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1602, as added July 25, 1962, 
Pub. L. 87-543, title I, Sec. 141(a), 76 Stat. 198; amended Oct. 13, 
1964, Pub. L. 88-650, Sec. 5(b), 78 Stat. 1078; July 30, 1965, Pub. L. 
89-97, title II, Sec. 221(d)(3), title IV, Sec. 403(e), 79 Stat. 358, 
418; Jan. 2, 1968, Pub. L. 90-248, title II, Secs. 210(a)(5), 213(a)(4), 
241(d), 81 Stat. 896, 898, 917; Oct. 30, 1972, Pub. L. 92-603, title IV, 
Secs. 405(d), 406(d), 407(d), 410(d), 413(d), 86 Stat. 1488, 1489, 1491, 
1492; Aug. 13, 1981, Pub. L. 97-35, title XXI, Sec. 2184(d)(4), 95 Stat. 
817; July 18, 1984, Pub. L. 98-369, div. B, title VI, Sec. 2651(h), 98 
Stat. 1150; Aug. 15, 1994, Pub. L. 103-296, title I, Sec. 107(a)(4), 108 
Stat. 1478; Aug. 22, 1996, Pub. L. 104-193, title I, Sec. 108(i), 110 
Stat. 2169.)
    [Amendment by Pub. L. 104-193 effective July 1, 1997, with 
transition rules relating to State options to accelerate such date, 
rules relating to claims, actions, and proceedings commenced before such 
date, rules relating to closing out of accounts for terminated or 
substantially modified programs and continuance in office of Assistant 
Secretary for Family Support, and provisions relating to termination of 
entitlement under AFDC program, see section 116 of Pub. L. 104-193, as 
amended, set out as an Effective Date note under section 601 of this 
title.]
    [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.]

                  Section Referred to in Other Sections

    This section is referred to in sections 402, 1315, 1320b-19, 1382a, 
1382b, 1382c, 1382d, 1382e, 1382f, 1382g, 1382h, 1382i, 1382j, 1383, 
1385, 1396a, 1396b, 1396d, 1396r, 1396v, 4728, 8624, 11398 of this 
title; title 5 section 552a; title 7 section 2020.
