
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-554 Section 1(a)(1)[519]]
[CITE: 42USC1382a]

 
                 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. 1382a. Income; earned and unearned income defined; 
        exclusions from income
        
    (a) For purposes of this subchapter, income means both earned income 
and unearned income; and--
        (1) earned income means only--
            (A) wages as determined under section 403(f)(5)(C) of this 
        title;
            (B) net earnings from self-employment, as defined in section 
        411 of this title (without the application of the second and 
        third sentences following subsection (a)(11), and the last 
        paragraph of subsection (a)), including earnings for services 
        described in paragraphs (4), (5), and (6) of subsection (c);
            (C) remuneration received for services performed in a 
        sheltered workshop or work activities center; and
            (D) any royalty earned by an individual in connection with 
        any publication of the work of the individual, and that portion 
        of any honorarium which is received for services rendered; and

        (2) unearned income means all other income, including--
            (A) support and maintenance furnished in cash or kind; 
        except that (i) in the case of any individual (and his eligible 
        spouse, if any) living in another person's household and 
        receiving support and maintenance in kind from such person, the 
        dollar amounts otherwise applicable to such individual (and 
        spouse) as specified in subsections (a) and (b) of section 1382 
        of this title shall be reduced by 33\1/3\ percent in lieu of 
        including such support and maintenance in the unearned income of 
        such individual (and spouse) as otherwise required by this 
        subparagraph, (ii) in the case of any individual or his eligible 
        spouse who resides in a nonprofit retirement home or similar 
        nonprofit institution, support and maintenance shall not be 
        included to the extent that it is furnished to such individual 
        or such spouse without such institution receiving payment 
        therefor (unless such institution has expressly undertaken an 
        obligation to furnish full support and maintenance to such 
        individual or spouse without any current or future payment 
        therefor) or payment therefor is made by another nonprofit 
        organization, and (iii) support and maintenance shall not be 
        included and the provisions of clause (i) shall not be 
        applicable in the case of any individual (and his eligible 
        spouse, if any) for the period which begins with the month in 
        which such individual (or such individual and his eligible 
        spouse) began to receive support and maintenance while living in 
        a residential facility (including a private household) 
        maintained by another person and ends with the close of the 
        month in which such individual (or such individual and his 
        eligible spouse) ceases to receive support and maintenance while 
        living in such a residential facility (or, if earlier, with the 
        close of the seventeenth month following the month in which such 
        period began), if, not more than 30 days prior to the date on 
        which such individual (or such individual and his eligible 
        spouse) began to receive support and maintenance while living in 
        such a residential facility, (I) such individual (or such 
        individual and his eligible spouse) were residing in a household 
        maintained by such individual (or by such individual and others) 
        as his or their own home, (II) there occurred within the area in 
        which such household is located (and while such individual, or 
        such individual and his spouse, were residing in the household 
        referred to in subclause (I)) a catastrophe on account of which 
        the President declared a major disaster to exist therein for 
        purposes of the Disaster Relief and Emergency Assistance Act [42 
        U.S.C. 5121 et seq.], and (III) such individual declares that he 
        (or he and his eligible spouse) ceased to continue living in the 
        household referred to in subclause (II) because of such 
        catastrophe;
            (B) any payments received as an annuity, pension, 
        retirement, or disability benefit, including veterans' 
        compensation and pensions, workmen's compensation payments, old-
        age, survivors, and disability insurance benefits, railroad 
        retirement annuities and pensions, and unemployment insurance 
        benefits;
            (C) prizes and awards;
            (D) payments to the individual occasioned by the death of 
        another person, to the extent that the total of such payments 
        exceeds the amount expended by such individual for purposes of 
        the deceased person's last illness and burial;
            (E) support and alimony payments, and (subject to the 
        provisions of subparagraph (D) excluding certain amounts 
        expended for purposes of a last illness and burial) gifts (cash 
        or otherwise) and inheritances;
            (F) rents, dividends, interest, and royalties not described 
        in paragraph (1)(E); and
            (G) any earnings of, and additions to, the corpus of a trust 
        established by an individual (within the meaning of section 
        1382b(e) of this title), of which the individual is a 
        beneficiary, to which section 1382b(e) of this title applies, 
        and, in the case of an irrevocable trust, with respect to which 
        circumstances exist under which a payment from the earnings or 
        additions could be made to or for the benefit of the individual.

    (b) In determining the income of an individual (and his eligible 
spouse) there shall be excluded--
        (1) subject to limitations (as to amount or otherwise) 
    prescribed by the Commissioner of Social Security, if such 
    individual is a child who is, as determined by the Commissioner of 
    Social Security, a student regularly attending a school, college, or 
    university, or a course of vocational or technical training designed 
    to prepare him for gainful employment, the earned income of such 
    individual;
        (2)(A) the first $240 per year (or proportionately smaller 
    amounts for shorter periods) of income (whether earned or unearned) 
    other than income which is paid on the basis of the need of the 
    eligible individual, and
        (B) monthly (or other periodic) payments received by any 
    individual, under a program established prior to July 1, 1973 (or 
    any program established prior to such date but subsequently amended 
    so as to conform to State or Federal constitutional standards), if 
    (i) such payments are made by the State of which the individual 
    receiving such payments is a resident, (ii) eligibility of any 
    individual for such payments is not based on need and is based 
    solely on attainment of age 65 or any other age set by the State and 
    residency in such State by such individual, and (iii) on or before 
    September 30, 1985, such individual (I) first becomes an eligible 
    individual or an eligible spouse under this title, and (II) 
    satisfies the twenty-five-year residency requirement of such program 
    as such program was in effect prior to January 1, 1983;
        (3)(A) the total unearned income of such individual (and such 
    spouse, if any) in a month which, as determined in accordance with 
    criteria prescribed by the Commissioner of Social Security, is 
    received too infrequently or irregularly to be included, if such 
    income so received does not exceed $20 in such month, and (B) the 
    total earned income of such individual (and such spouse, if any) in 
    a month which, as determined in accordance with such criteria, is 
    received too infrequently or irregularly to be included, if such 
    income so received does not exceed $10 in such month;
        (4)(A) if such individual (or such spouse) is blind (and has not 
    attained age 65, or received benefits under this subchapter (or aid 
    under a State plan approved under section 1202 or 1382 of this 
    title) for the month before the month in which he attained age 65), 
    (i) the first $780 per year (or proportionately smaller amounts for 
    shorter periods) of earned income not excluded by the preceding 
    paragraphs of this subsection, plus one-half of the remainder 
    thereof, (ii) an amount equal to any expenses reasonably 
    attributable to the earning of any income, and (iii) such additional 
    amounts of other income, where such individual has a plan for 
    achieving self-support approved by the Commissioner of Social 
    Security, as may be necessary for the fulfillment of such plan,
        (B) if such individual (or such spouse) is disabled but not 
    blind (and has not attained age 65, or received benefits under this 
    subchapter (or aid under a State plan approved under section 1352 or 
    1382 of this title) for the month before the month in which he 
    attained age 65), (i) the first $780 per year (or proportionately 
    smaller amounts for shorter periods) of earned income not excluded 
    by the preceding paragraphs of this subsection, (ii) such additional 
    amounts of earned income of such individual, if such individual's 
    disability is sufficiently severe to result in a functional 
    limitation requiring assistance in order for him to work, as may be 
    necessary to pay the costs (to such individual) of attendant care 
    services, medical devices, equipment, prostheses, and similar items 
    and services (not including routine drugs or routine medical 
    services unless such drugs or services are necessary for the control 
    of the disabling condition) which are necessary (as determined by 
    the Commissioner of Social Security in regulations) for that 
    purpose, whether or not such assistance is also needed to enable him 
    to carry out his normal daily functions, except that the amounts to 
    be excluded shall be subject to such reasonable limits as the 
    Commissioner of Social Security may prescribe, (iii) one-half of the 
    amount of earned income not excluded after the application of the 
    preceding provisions of this subparagraph, and (iv) such additional 
    amounts of other income, where such individual has a plan for 
    achieving self-support approved by the Commissioner of Social 
    Security, as may be necessary for the fulfillment of such plan, or
        (C) if such individual (or such spouse) has attained age 65 and 
    is not included under subparagraph (A) or (B), the first $780 per 
    year (or proportionately smaller amounts for shorter periods) of 
    earned income not excluded by the preceding paragraphs of this 
    subsection, plus one-half of the remainder thereof;
        (5) any amount received from any public agency as a return or 
    refund of taxes paid on real property or on food purchased by such 
    individual (or such spouse);
        (6) assistance, furnished to or on behalf of such individual 
    (and spouse), which is based on need and furnished by any State or 
    political subdivision of a State;
        (7) any portion of any grant, scholarship, or fellowship 
    received for use in paying the cost of tuition and fees at any 
    educational (including technical or vocational education) 
    institution;
        (8) home produce of such individual (or spouse) utilized by the 
    household for its own consumption;
        (9) if such individual is a child, one-third of any payment for 
    his support received from an absent parent;
        (10) any amounts received for the foster care of a child who is 
    not an eligible individual but who is living in the same home as 
    such individual and was placed in such home by a public or nonprofit 
    private child-placement or child-care agency;
        (11) assistance received under the Disaster Relief and Emergency 
    Assistance Act [42 U.S.C. 5121 et seq.] or other assistance provided 
    pursuant to a Federal statute on account of a catastrophe which is 
    declared to be a major disaster by the President;
        (12) interest income received on assistance funds referred to in 
    paragraph (11) within the 9-month period beginning on the date such 
    funds are received (or such longer periods as the Commissioner of 
    Social Security shall by regulations prescribe in cases where good 
    cause is shown by the individual concerned for extending such 
    period);
        (13) any support or maintenance assistance furnished to or on 
    behalf of such individual (and spouse if any) which (as determined 
    under regulations of the Commissioner of Social Security by such 
    State agency as the chief executive officer of the State may 
    designate) is based on need for such support or maintenance, 
    including assistance received to assist in meeting the costs of home 
    energy (including both heating and cooling), and which is (A) 
    assistance furnished in kind by a private nonprofit agency, or (B) 
    assistance furnished by a supplier of home heating oil or gas, by an 
    entity providing home energy whose revenues are primarily derived on 
    a rate-of-return basis regulated by a State or Federal governmental 
    entity, or by a municipal utility providing home energy;
        (14) assistance paid, with respect to the dwelling unit occupied 
    by such individual (or such individual and spouse), under the United 
    States Housing Act of 1937 [42 U.S.C. 1437 et seq.], the National 
    Housing Act [12 U.S.C. 1701 et seq.], section 101 of the Housing and 
    Urban Development Act of 1965 [12 U.S.C. 1701s], title V of the 
    Housing Act of 1949 [42 U.S.C. 1471 et seq.], or section 202(h) of 
    the Housing Act of 1959 [12 U.S.C. 1701q(h)];
        (15) the value of any commercial transportation ticket, for 
    travel by such individual (or spouse) among the 50 States, the 
    District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
    Islands, Guam, American Samoa, and the Northern Mariana Islands, 
    which is received as a gift by such individual (or such spouse) and 
    is not converted to cash;
        (16) interest accrued on the value of an agreement entered into 
    by such individual (or such spouse) representing the purchase of a 
    burial space excluded under section 1382b(a)(2)(B) of this title, 
    and left to accumulate;
        (17) any amount received by such individual (or such spouse) 
    from a fund established by a State to aid victims of crime;
        (18) relocation assistance provided by a State or local 
    government to such individual (or such spouse), comparable to 
    assistance provided under title II of the Uniform Relocation 
    Assistance and Real Property Acquisitions Policies Act of 1970 which 
    is subject to the treatment required by section 216 of such Act [42 
    U.S.C. 4636];
        (19) any refund of Federal income taxes made to such individual 
    (or such spouse) by reason of section 32 of the Internal Revenue 
    Code of 1986 (relating to earned income tax credit), and any payment 
    made to such individual (or such spouse) by an employer under 
    section 3507 of such Code (relating to advance payment of earned 
    income credit);
        (20) special pay received pursuant to section 310 of title 37;
        (21) the interest or other earnings on any account established 
    and maintained in accordance with section 1383(a)(2)(F) of this 
    title; and
        (22) any gift to, or for the benefit of, an individual who has 
    not attained 18 years of age and who has a life-threatening 
    condition, from an organization described in section 501(c)(3) of 
    the Internal Revenue Code of 1986 which is exempt from taxation 
    under section 501(a) of such Code--
            (A) in the case of an in-kind gift, if the gift is not 
        converted to cash; or
            (B) in the case of a cash gift, only to the extent that the 
        total amount excluded from the income of the individual pursuant 
        to this paragraph in the calendar year in which the gift is made 
        does not exceed $2,000.

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1612, as added Pub. L. 92-603, 
title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1468; amended Pub. L. 93-
484, Sec. 4, Oct. 26, 1974, 88 Stat. 1460; Pub. L. 94-202, Sec. 9, Jan. 
2, 1976, 89 Stat. 1140; Pub. L. 94-331, Secs. 2(a), 4(a), June 30, 1976, 
90 Stat. 781, 782; Pub. L. 94-455, title XXI, Sec. 2125, Oct. 4, 1976, 
90 Stat. 1920; Pub. L. 94-566, title V, Sec. 505(b), Oct. 20, 1976, 90 
Stat. 2686; Pub. L. 95-171, Sec. 8(a), Nov. 12, 1977, 91 Stat. 1355; 
Pub. L. 96-222, title I, Sec. 101(a)(2)(B), Apr. 1, 1980, 94 Stat. 195; 
Pub. L. 96-265, title II, Sec. 202(a), title III, Sec. 302(b), June 9, 
1980, 94 Stat. 449, 451; Pub. L. 96-473, Sec. 6(g), Oct. 19, 1980, 94 
Stat. 2266; Pub. L. 97-35, title XXIII, Sec. 2341(b), Aug. 13, 1981, 95 
Stat. 865; Pub. L. 97-424, title V, Sec. 545(a), Jan. 6, 1983, 96 Stat. 
2198; Pub. L. 98-21, title IV, Sec. 404(a), Apr. 20, 1983, 97 Stat. 140; 
Pub. L. 98-369, div. B, title VI, Secs. 2616(a), 2639(b), (c), 
2663(g)(3), (4), July 18, 1984, 98 Stat. 1133, 1144, 1145, 1168; Pub. L. 
99-514, Sec. 2, title XVIII, Sec. 1883(d)(2), (3), Oct. 22, 1986, 100 
Stat. 2095, 2918; Pub. L. 100-203, title IX, Sec. 9120(a), Dec. 22, 
1987, 101 Stat. 1330-309; Pub. L. 100-647, title VIII, Sec. 8103(a), 
Nov. 10, 1988, 102 Stat. 3795; Pub. L. 100-707, title I, Sec. 109(p), 
Nov. 23, 1988, 102 Stat. 4709; Pub. L. 101-239, title VIII, 
Secs. 8011(a), 8013(a), Dec. 19, 1989, 103 Stat. 2464; Pub. L. 101-508, 
title V, Secs. 5031(a), 5033(a), 5034(a), 5035(a), title XI, 
Sec. 11115(b)(1), Nov. 5, 1990, 104 Stat. 1388-224, 1388-225, 1388-414; 
Pub. L. 103-66, title XIII, Sec. 13733(b), Aug. 10, 1993, 107 Stat. 662; 
Pub. L. 103-296, title I, Sec. 107(a)(4), Aug. 15, 1994, 108 Stat. 1478; 
Pub. L. 103-432, title II, Secs. 264(a), 267(a), Oct. 31, 1994, 108 
Stat. 4467, 4469; Pub. L. 104-193, title II, Sec. 213(c), Aug. 22, 1996, 
110 Stat. 2195; Pub. L. 105-306, Sec. 7(a), Oct. 28, 1998, 112 Stat. 
2928; Pub. L. 106-169, title II, Sec. 205(b), Dec. 14, 1999, 113 Stat. 
1834.)

                       References in Text

    The Internal Revenue Code of 1986, referred to in subsec. (b)(19), 
(22), is classified generally to Title 26, Internal Revenue Code.
    The Disaster Relief and Emergency Assistance Act, referred to in 
subsecs. (a)(2)(A) and (b)(11), is Pub. L. 93-288, May 22, 1974, 88 
Stat. 143, as amended, known as The Robert T. Stafford Disaster Relief 
and Emergency Assistance Act, which is classified principally to chapter 
68 (Sec. 5121 et seq.) of this title. For complete classification of 
this Act to the Code, see Short Title note set out under section 5121 of 
this title and Tables.
    Section 1382 of this title, referred to in subsec. (b)(4)(A), (B), 
is a reference to section 1382 of this title as it existed prior to the 
general revision of this subchapter by Pub. L. 92-603, title III, 
Sec. 301, Oct. 30, 1972, 86 Stat. 1465, eff. Jan. 1, 1974. The prior 
section (which is set out as a note under section 1382 of this title) 
continues in effect for Puerto Rico, Guam, and the Virgin Islands.
    The United States Housing Act of 1937, referred to in subsec. 
(b)(14), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 
93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, and amended, 
which is classified generally to chapter 8 (Sec. 1437 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 1437 of this title and Tables.
    The National Housing Act, referred to in subsec. (b)(14), is act 
June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is classified 
principally to chapter 13 (Sec. 1701 et seq.) of Title 12, Banks and 
Banking. For complete classification of this Act to the Code, see 
section 1701 of Title 12 and Tables.
    Section 101 of the Housing and Urban Development Act of 1965, 
referred to in subsec. (b)(14), is section 101 of Pub. L. 89-117, title 
I, Aug. 10, 1965, 79 Stat. 451, as amended, which enacted section 1701s 
of Title 12 and amended sections 1451 and 1465 of this title.
    The Housing Act of 1949, referred to in subsec. (b)(14), is act July 
15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the Housing Act 
of 1949 is classified generally to subchapter III (Sec. 1471 et seq.) of 
chapter 8A of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 1441 of this title and 
Tables.
    The Uniform Relocation Assistance and Real Property Acquisitions 
Policies Act of 1970, referred to in subsec. (b)(18), is Pub. L. 91-646, 
Jan. 2, 1971, 84 Stat. 1894, as amended. Title II of the Act enacted 
subchapter II (Sec. 4621 et seq.) of chapter 61 of this title, amended 
sections 1415, 2473, and 3307 of this title and section 1606 of former 
Title 49, Transportation, repealed sections 1465 and 3074 of this title, 
section 2680 of Title 10, Armed Forces, sections 501 to 512 of Title 23, 
Highways, sections 1231 to 1234 of Title 43, Public Lands, and enacted 
provisions set out as notes under sections 4601 and 4621 of this title 
and under sections 501 to 512 of Title 23. For complete classification 
of title II to the Code, see Tables.


                               Amendments

    1999--Subsec. (a)(2)(G). Pub. L. 106-169 added subpar. (G).
    1998--Subsec. (b)(22). Pub. L. 105-306 added par. (22).
    1996--Subsec. (b)(21). Pub. L. 104-193 added par. (21).
    1994--Subsec. (a)(1)(C) to (E). Pub. L. 103-432, Sec. 267(a), 
redesignated subpars. (D) and (E) as (C) and (D), respectively, and 
struck out former subpar. (C) which read as follows: ``any refund of 
Federal income taxes made by reason of section 32 of the Internal 
Revenue Code of 1986 (relating to earned income credit) and any payment 
made by an employer under section 3507 of such Code (relating to advance 
payment of earned income credit);''.
    Subsec. (b)(1), (3)(A), (4)(A), (B), (12), (13). Pub. L. 103-296 
substituted ``Commissioner of Social Security'' for ``Secretary'' 
wherever appearing.
    Subsec. (b)(17). Pub. L. 103-432, Sec. 264(a), made technical 
correction to directory language of Pub. L. 101-508, Sec. 5035(a)(2). 
See 1990 Amendment note below.
    1993--Subsec. (b)(20). Pub. L. 103-66 added par. (20).
    1990--Subsec. (a)(1)(E). Pub. L. 101-508, Sec. 5034(a)(1), added 
subpar. (E).
    Subsec. (a)(2)(F). Pub. L. 101-508, Sec. 5034(a)(2), inserted ``not 
described in paragraph (1)(E)'' after ``royalties''.
    Subsec. (b)(4)(B)(ii). Pub. L. 101-508, Sec. 5033(a), struck out 
``(for purposes of determining the amount of his or her benefits under 
this subchapter and of determining his or her eligibility for such 
benefits for consecutive months of eligibility after the initial month 
of such eligibility)'' after ``income of such individual''.
    Subsec. (b)(16). Pub. L. 101-508, Sec. 5035(a)(1), struck out 
``and'' at end.
    Subsec. (b)(17). Pub. L. 101-508, Sec. 5035(a)(2), as amended by 
Pub. L. 103-432, Sec. 264(a), substituted ``; and'' for period at end.
    Pub. L. 101-508, Sec. 5031(a), added par. (17).
    Subsec. (b)(18). Pub. L. 101-508, Sec. 5035(a)(3), added par. (18).
    Subsec. (b)(19). Pub. L. 101-508, Sec. 11115(b)(1)(C), added par. 
(19).
    1989--Subsec. (b)(15). Pub. L. 101-239, Sec. 8011(a), added par. 
(15).
    Subsec. (b)(16). Pub. L. 101-239, Sec. 8013(a), added par. (16).
    1988--Subsecs. (a)(2)(A), (b)(11). Pub. L. 100-707 substituted 
``Disaster Relief and Emergency Assistance Act'' for ``Disaster Relief 
Act of 1974''.
    Subsec. (b)(14). Pub. L. 100-647 added par. (14).
    1987--Subsec. (a)(2)(D), (E). Pub. L. 100-203 amended subpars. (D) 
and (E) generally. Prior to amendment, subpars. (D) and (E) read as 
follows:
    ``(D) the proceeds of any life insurance policy to the extent that 
they exceed the amount expended by the beneficiary for purposes of the 
insured individual's last illness and burial or $1,500, whichever is 
less;
    ``(E) gifts (cash or otherwise), support and alimony payments, and 
inheritances; and''.
    1986--Subsec. (a)(1)(C). Pub. L. 99-514, Sec. 1883(d)(2), 
substituted ``section 32'' for ``section 43''.
    Pub. L. 99-514, Sec. 2, substituted ``Internal Revenue Code of 
1986'' for ``Internal Revenue Code of 1954''.
    Subsec. (b)(2). Pub. L. 99-514, Sec. 1883(d)(3)(A), (B), substituted 
``, and'' for a semicolon in subpar. (A) and a semicolon for a period in 
subpar. (B).
    Subsec. (b)(11) to (13). Pub. L. 99-514, Sec. 1883(d)(3)(C), 
provided for technical corrections relating to concluding punctuation in 
pars. (11) to (13).
    1984--Subsec. (b)(2)(B). Pub. L. 98-369, Sec. 2663(g)(3), realigned 
margin of subpar. (B).
    Pub. L. 98-369, Sec. 2616(a), amended subpar. (B) generally. Prior 
to amendment, subpar. (B) read as follows: ``monthly (or other periodic) 
payments received by any individual, under a program established prior 
to July 1, 1973, if such payments are made by the State of which the 
individual receiving such payments is a resident, and if eligibility of 
any individual for such payments is not based on need and is based 
solely on attainment of age 65 and duration of residence in such State 
by such individual;''.
    Subsec. (b)(9). Pub. L. 98-369, Sec. 2663(g)(4), inserted a comma 
after ``child''.
    Subsec. (b)(13). Pub. L. 98-369, Sec. 2639(b), temporarily amended 
par. (13) generally, redesignating former cls. (i) and (ii) as (A) and 
(B), respectively. See Effective and Termination Dates of 1984 Amendment 
note below.
    1983--Subsec. (b)(13). Pub. L. 98-21 temporarily substituted ``any 
support or maintenance assistance furnished to or on behalf of such 
individual (and spouse if any) which (as determined under regulations of 
the Secretary by such State agency as the chief executive officer of the 
State may designate) is based on need for such support or maintenance, 
including assistance received to assist in meeting the costs of home 
energy (including both heating and cooling), and which'' for ``any 
assistance received to assist in meeting the costs of home energy, 
including both heating and cooling, which (as determined under 
regulations of the Secretary by such State agency as the chief executive 
officer of the State may designate) (A) is based on need for such 
assistance, and (B)''. See Effective and Termination Dates of 1983 
Amendments note below.
    Pub. L. 97-424 temporarily added par. (13). See Effective and 
Termination Dates of 1983 Amendments note below.
    1981--Subsec. (b)(3). Pub. L. 97-35 substituted ``month'' for 
``calendar quarter'' wherever appearing, ``such month'' for ``such 
quarter'' wherever appearing, ``$20'' for ``$60'', and ``$10'' for 
``$30''.
    1980--Subsec. (a)(1). Pub. L. 96-473, Sec. 6(g)(1), (2), in subpar. 
(B) substituted ``(a)(11)'' for ``(a)(10)'', and redesignated subpar. 
(C), as added by Pub. L. 96-265, Sec. 202(a)(2), as (D).
    Pub. L. 96-265, Sec. 202(a)(2), added subpar. (C) which was 
subsequently redesignated (D) by Pub. L. 96-473, Sec. 6(g)(2).
    Pub. L. 96-222, Sec. 101(a)(2)(B)(ii), added subpar. (C).
    Subsec. (b)(2)(B). Pub. L. 96-473, Sec. 6(g)(3), substituted 
``monthly'' for ``Monthly'' and substituted a semicolon for the period 
at end of subpar. (B).
    Subsec. (b)(4)(B). Pub. L. 96-265, Sec. 302(b), inserted provisions 
relating to extraordinary work expenses due to severe disability.
    1977--Subsec. (b)(12). Pub. L. 95-171 added par. (12).
    1976--Subsec. (a)(2)(A)(iii). Pub. L. 94-455 substituted 
``seventeenth month'' for ``fifth month''.
    Pub. L. 94-331, Sec. 4(a)(2), added cl. (iii).
    Subsec. (b)(2). Pub. L. 94-202 designated existing provisions as 
par. (A) and added par. (B).
    Subsec. (b)(6). Pub. L. 94-566 substituted ``assistance, furnished 
to or on behalf of such individual (and spouse), which'' for 
``assistance described in section 1382e(a) of this title which''.
    Subsec. (b)(11). Pub. L. 94-331, Sec. 2(a)(3), added par. (11).
    1974--Subsec. (a)(2)(A). Pub. L. 93-484 designated existing 
provisions as cl. (i) and added cl. (ii).


                    Effective Date of 1999 Amendment

    Pub. L. 106-169, title II, Sec. 205(d), Dec. 14, 1999, 113 Stat. 
1834, provided that: ``The amendments made by this section [amending 
this section and sections 1382b and 1396a of this title] shall take 
effect on January 1, 2000, and shall apply to trusts established on or 
after such date.''


                    Effective Date of 1998 Amendment

    Pub. L. 105-306, Sec. 7(c), Oct. 28, 1998, 112 Stat. 2928, provided 
that: ``The amendments made by this section [amending this section and 
section 1382b of this title] shall apply to gifts made on or after the 
date that is 2 years before the date of the enactment of this Act [Oct. 
28, 1998].''


                    Effective Date of 1996 Amendment

    Section 213(d) of Pub. L. 104-193 provided that: ``The amendments 
made by this section [amending this section and sections 1382b and 1383 
of this title] shall apply to payments made after the date of the 
enactment of this Act [Aug. 22, 1996].''


                    Effective Date of 1994 Amendments

    Amendment by section 264(a) of Pub. L. 103-432 effective as if 
included in the provision of Pub. L. 101-508 to which the amendment 
relates at the time such provision became law, see section 264(h) of 
Pub. L. 103-432, set out as a note under section 1320b-9 of this title.
    Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section 
110(a) of Pub. L. 103-296, set out as a note under section 401 of this 
title.


                    Effective Date of 1993 Amendment

    Section 13733(c) of Pub. L. 103-66 provided that: ``The amendments 
made by this section [amending this section and section 1382c of this 
title] shall take effect on the 1st day of the 2nd month that begins 
after the date of the enactment of this Act [Aug. 10, 1993].''


                    Effective Date of 1990 Amendment

    Section 5031(d) of Pub. L. 101-508 provided that: ``The amendments 
made by this section [amending this section and sections 1382b and 1383 
of this title] shall apply with respect to benefits for months beginning 
on or after the first day of the 6th calendar month following the month 
in which this Act is enacted [November 1990].''
    Section 5033(b) of Pub. L. 101-508 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to benefits 
payable for calendar months beginning after the date of the enactment of 
this Act [Nov. 5, 1990].''
    Section 5034(b) of Pub. L. 101-508 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to benefits for months beginning on or after the first day of the 13th 
calendar month following the month in which this Act is enacted 
[November 1990].''
    Section 5035(c) of Pub. L. 101-508, as amended by Pub. L. 103-66, 
title XIII, Sec. 13732, Aug. 10, 1993, 107 Stat. 662, provided that: 
``The amendments made by this section [amending this section and section 
1382b of this title] shall apply with respect to benefits for calendar 
months beginning on or after the first day of the 6th calendar month 
following the month in which this Act is enacted [November 1990].''
    Section 11115(e) of Pub. L. 101-508 provided that: ``The amendments 
made by subsections (a) though [sic] (c) [amending this section and 
sections 602 and 1382b of this title] shall apply to determinations of 
income or resources made for any period after December 31, 1990.''


                    Effective Date of 1989 Amendment

    Section 8011(b) of Pub. L. 101-239 provided that: ``The amendments 
made by subsection (a) [amending this section] shall take effect on the 
1st day of the 3rd calendar month beginning after the date of the 
enactment of this Act [Dec. 19, 1989].''
    Section 8013(c) of Pub. L. 101-239 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and section 1382b 
of this title] shall take effect on the 1st day of the 4th month 
beginning after the date of the enactment of this Act [Dec. 19, 1989].''


                    Effective Date of 1988 Amendment

    Section 8103(c) of Pub. L. 100-647 provided that: ``The amendments 
made by this section [amending this section and section 1382b of this 
title] shall be effective as though they had been included in section 
162 of the Housing and Community Development Act of 1987 [Pub. L. 100-
242, see Effective Date of 1988 Amendment note set out under 12 U.S.C. 
1701q] at the time of its enactment [Feb. 5, 1988].''


                    Effective Date of 1987 Amendment

    Section 9120(b) of Pub. L. 100-203 provided that: ``The amendments 
made by subsection (a) [amending this section] shall become effective 
April 1, 1988.''


                    Effective Date of 1984 Amendment

    Section 2616(b) of Pub. L. 98-369 provided that: ``The amendment 
made by subsection (a) [amending this section] shall become effective on 
the date of the enactment of this Act [July 18, 1984].''
    Section 2639(d) of Pub. L. 98-369, as amended by Pub. L. 100-203, 
title IX, Sec. 9101, Dec. 22, 1987, 101 Stat. 1330-299, provided that: 
``The amendments made by this section [amending this section and section 
602 of this title and repealing section 545(a)-(c) of Pub. L. 97-424 and 
section 404 of Pub. L. 98-21, which had previously amended this section 
and section 602 of this title and had provided effective dates for those 
prior amendments] shall be effective with respect to months which begin 
after September 30, 1984.''
    [Section 9101 of Pub. L. 100-203 provided that the amendment made by 
that section to section 2639(d) of Pub. L. 98-369, set out as a note 
above is effective as of Oct. 1, 1987.]
    Amendment by section 2663(g)(3), (4) of Pub. L. 98-369 effective 
July 18, 1984, but not to be construed as changing or affecting any 
right, liability, status, or interpretation which existed (under the 
provisions of law involved) before that date, see section 2664(b) of 
Pub. L. 98-369, set out as a note under section 401 of this title.


           Effective and Termination Dates of 1983 Amendments

    Section 545(c) of Pub. L. 97-424 and section 404(c) of Pub. L. 98-
21, which had provided for the effective and termination dates covering 
the enactment and subsequent amendment of subsec. (b)(13) of this 
section by section 545(a) of Pub. L. 97-424 and section 404(a) of Pub. 
L. 98-21, were repealed by section 2639(c), (d) of Pub. L. 98-369, 
effective with respect to months beginning after Sept. 30, 1984.


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective with respect to months after 
first calendar quarter which ends more than five months after August 
1981, with provision for transitional payments, see section 2341(c) of 
Pub. L. 97-35, set out as an Effective Date of 1981 Amendment and 
Transitional Provisions note under section 1382 of this title.


                    Effective Date of 1980 Amendments

    Section 202(b) of Pub. L. 96-265 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply only with 
respect to remuneration received in months after September 1980.''
    Amendment by section 302(b) of Pub. L. 96-265 applicable with 
respect to expenses incurred on or after first day of sixth month which 
begins after June 9, 1980, see section 302(c) of Pub. L. 96-265, set out 
as a note under section 423 of this title.
    Section 101(b)(1)(B) of Pub. L. 96-222 provided that: ``The 
amendments made by subparagraphs (A) and (B) of subsection (a)(2) 
[amending this section and section 602 of this title] shall apply to 
payments for months beginning after December 31, 1979.''


                    Effective Date of 1977 Amendment

    Section 8(b) of Pub. L. 95-171 provided that: ``The amendment made 
by this section [amending this section] shall be effective July 1, 1976, 
with respect to catastrophes which occurred on or after June 1, 1976, 
and before December 31, 1976. With respect to catastrophes which 
occurred on or after December 31, 1976, the amendment made by this 
section shall be effective the first day of the calendar quarter 
following enactment of this Act [Nov. 12, 1977].''


                    Effective Date of 1976 Amendments

    Amendment by Pub. L. 94-566 effective Oct. 1, 1976, see section 
505(e) of Pub. L. 94-566, set out as a note under section 1382 of this 
title.
    Section 2(b) of Pub. L. 94-331, as amended by Pub. L. 95-171, 
Sec. 6(a), Nov. 12, 1977, 91 Stat. 1355, effective the first day of 
calendar quarter following Nov. 12, 1977, provided that: ``The 
amendments made by this Act [amending this section and sections 815, 
3402, 6153, and 6154 of Title 26, Internal Revenue Code, and enacting 
provisions set out as notes under sections 815 and 3402 of Title 26] 
shall be applicable only in the case of catastrophes which occur on or 
after June 1, 1976.''
    Section 4(b) of Pub. L. 94-331, as amended by Pub. L. 95-171, 
Sec. 7(a), Nov. 12, 1977, 91 Stat. 1355, effective the first day of 
calendar quarter following Nov. 12, 1977, provided that: ``The 
amendments made by this Act [see section 2(b) of Pub. L. 94-331, set out 
above] shall be applicable only in the case of catastrophes which occur 
on or after June 1, 1976.''


                    Effective Date of 1974 Amendment

    Section 4 of Pub. L. 93-484 provided that the amendment made by that 
section is effective Jan. 1, 1974.


                             Effective Date

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


                 Application to Northern Mariana Islands

    For applicability of this section to Northern Mariana Islands, see 
section 502(a)(1) of the Covenant to Establish a Commonwealth of the 
Northern Mariana Islands in Political Union with the United States of 
America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 6593, set out as 
notes under section 1801 of Title 48, Territories and Insular 
Possessions.


                  Puerto Rico, Guam, and Virgin Islands

    Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not 
applicable to Puerto Rico, Guam, and the Virgin Islands, see section 
303(b) of Pub. L. 92-603, set out as a note under section 301 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1382, 1382b, 1382e, 1382h, 
1382j, 1383, 1396a, 1396b, 1396d, 1396p, 8624, 11398 of this title; 
title 7 section 2014.
