
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: 42USC1382b]

 
                 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. 1382b. Resources


(a) Exclusions from resources

    In determining the resources of an individual (and his eligible 
spouse, if any) there shall be excluded--
        (1) the home (including the land that appertains thereto);
        (2)(A) household goods, personal effects, and an automobile, to 
    the extent that their total value does not exceed such amount as the 
    Commissioner of Social Security determines to be reasonable; and
        (B) the value of any burial space or agreement (including any 
    interest accumulated thereon) representing the purchase of a burial 
    space (subject to such limits as to size or value as the 
    Commissioner of Social Security may by regulation prescribe) held 
    for the purpose of providing a place for the burial of the 
    individual, his spouse, or any other member of his immediate family;
        (3) other property which is so essential to the means of self-
    support of such individual (and such spouse) as to warrant its 
    exclusion, as determined in accordance with and subject to 
    limitations prescribed by the Commissioner of Social Security, 
    except that the Commissioner of Social Security shall not establish 
    a limitation on property (including the tools of a tradesperson and 
    the machinery and livestock of a farmer) that is used in a trade or 
    business or by such individual as an employee;
        (4) such resources of an individual who is blind or disabled and 
    who has a plan for achieving self-support approved by the 
    Commissioner of Social Security, as may be necessary for the 
    fulfillment of such plan;
        (5) in the case of Natives of Alaska, shares of stock held in a 
    Regional or a Village Corporation, during the period of twenty years 
    in which such stock is inalienable, as provided in section 1606(h) 
    and section 1607(c) of title 43;
        (6) assistance referred to in section 1382a(b)(11) of this title 
    for the 9-month period beginning on the date such funds are received 
    (or for such longer period as the Commissioner of Social Security 
    shall by regulations prescribe in cases where good cause is shown by 
    the individual concerned for extending such period); and, for 
    purposes of this paragraph, the term ``assistance'' includes 
    interest thereon which is excluded from income under section 
    1382a(b)(12) of this title;
        (7) any amount received from the United States which is 
    attributable to underpayments of benefits due for one or more prior 
    months, under this subchapter or subchapter II of this chapter, to 
    such individual (or spouse) or to any other person whose income is 
    deemed to be included in such individual's (or spouse's) income for 
    purposes of this subchapter; but the application of this paragraph 
    in the case of any such individual (and eligible spouse if any), 
    with respect to any amount so received from the United States, shall 
    be limited to the first 6 months following the month in which such 
    amount is received (or to the first 9 months following such month 
    with respect to any amount so received during the period beginning 
    October 1, 1987, and ending September 30, 1989), and written notice 
    of this limitation shall be given to the recipient concurrently with 
    the payment of such amount;
        (8) the value of assistance referred to in section 1382a(b)(14) 
    of this title, paid with respect to the dwelling unit occupied by 
    such individual (or such individual and spouse);
        (9) for the 9-month period beginning after the month in which 
    received, any amount received by such individual (or such spouse) 
    from a fund established by a State to aid victims of crime, to the 
    extent that such individual (or such spouse) demonstrates that such 
    amount was paid as compensation for expenses incurred or losses 
    suffered as a result of a crime;
        (10) for the 9-month period beginning after the month in which 
    received, relocation assistance provided by a State or local 
    government to such individual (or such spouse), comparable to 
    assistance provided under title II of the Uniform Relocation 
    Assistance and Real Property Acquisitions Policies Act of 1970 which 
    is subject to the treatment required by section 216 of such Act [42 
    U.S.C. 4636];
        (11) for the month of receipt and the following month, any 
    refund of Federal income taxes made to such individual (or such 
    spouse) by reason of section 32 of the Internal Revenue Code of 1986 
    (relating to earned income tax credit), and any payment made to such 
    individual (or such spouse) by an employer under section 3507 of 
    such Code (relating to advance payment of earned income credit);
        (12) any account, including accrued interest or other earnings 
    thereon, established and maintained in accordance with section 
    1383(a)(2)(F) of this title; and
        (13) any gift to, or for the benefit of, an individual who has 
    not attained 18 years of age and who has a life-threatening 
    condition, from an organization described in section 501(c)(3) of 
    the Internal Revenue Code of 1986 which is exempt from taxation 
    under section 501(a) of such Code--
            (A) in the case of an in-kind gift, if the gift is not 
        converted to cash; or
            (B) in the case of a cash gift, only to the extent that the 
        total amount excluded from the resources of the individual 
        pursuant to this paragraph in the calendar year in which the 
        gift is made does not exceed $2,000.

In determining the resources of an individual (or eligible spouse) an 
insurance policy shall be taken into account only to the extent of its 
cash surrender value; except that if the total face value of all life 
insurance policies on any person is $1,500 or less, no part of the value 
of any such policy shall be taken into account.

(b) Disposition of resources; grounds for exemption from disposition 
        requirements

    (1) The Commissioner of Social Security shall prescribe the period 
or periods of time within which, and the manner in which, various kinds 
of property must be disposed of in order not to be included in 
determining an individual's eligibility for benefits. Any portion of the 
individual's benefits paid for any such period shall be conditioned upon 
such disposal; and any benefits so paid shall (at the time of the 
disposal) be considered overpayments to the extent they would not have 
been paid had the disposal occurred at the beginning of the period for 
which such benefits were paid.
    (2) Notwithstanding the provisions of paragraph (1), the 
Commissioner of Social Security shall not require the disposition of any 
real property for so long as it cannot be sold because (A) it is jointly 
owned (and its sale would cause undue hardship, due to loss of housing, 
for the other owner or owners), (B) its sale is barred by a legal 
impediment, or (C) as determined under regulations issued by the 
Commissioner of Social Security, the owner's reasonable efforts to sell 
it have been unsuccessful.

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

    (1)(A)(i) If an individual or the spouse of an individual disposes 
of resources for less than fair market value on or after the look-back 
date described in clause (ii)(I), the individual is ineligible for 
benefits under this subchapter for months during the period beginning on 
the date described in clause (iii) and equal to the number of months 
calculated as provided in clause (iv).
    (ii)(I) The look-back date described in this subclause is a date 
that is 36 months before the date described in subclause (II).
    (II) The date described in this subclause is the date on which the 
individual applies for benefits under this subchapter or, if later, the 
date on which the individual (or the spouse of the individual) disposes 
of resources for less than fair market value.
    (iii) The date described in this clause is the first day of the 
first month in or after which resources were disposed of for less than 
fair market value and which does not occur in any other period of 
ineligibility under this paragraph.
    (iv) The number of months calculated under this clause shall be 
equal to--
        (I) the total, cumulative uncompensated value of all resources 
    so disposed of by the individual (or the spouse of the individual) 
    on or after the look-back date described in clause (ii)(I); divided 
    by
        (II) the amount of the maximum monthly benefit payable under 
    section 1382(b) of this title, plus the amount (if any) of the 
    maximum State supplementary payment corresponding to the State's 
    payment level applicable to the individual's living arrangement and 
    eligibility category that would otherwise be payable to the 
    individual by the Commissioner pursuant to an agreement under 
    section 1382e(a) of this title or section 212(b) of Public Law 93-
    66, for the month in which occurs the date described in clause 
    (ii)(II),

rounded, in the case of any fraction, to the nearest whole number, but 
shall not in any case exceed 36 months.
    (B)(i) Notwithstanding subparagraph (A), this subsection shall not 
apply to a transfer of a resource to a trust if the portion of the trust 
attributable to the resource is considered a resource available to the 
individual pursuant to subsection (e)(3) of this section (or would be so 
considered but for the application of subsection (e)(4) of this 
section).
    (ii) In the case of a trust established by an individual or an 
individual's spouse (within the meaning of subsection (e) of this 
section), if from such portion of the trust, if any, that is considered 
a resource available to the individual pursuant to subsection (e)(3) of 
this section (or would be so considered but for the application of 
subsection (e)(4) of this section) or the residue of the portion on the 
termination of the trust--
        (I) there is made a payment other than to or for the benefit of 
    the individual; or
        (II) no payment could under any circumstance be made to the 
    individual,

then, for purposes of this subsection, the payment described in clause 
(I) or the foreclosure of payment described in clause (II) shall be 
considered a transfer of resources by the individual or the individual's 
spouse as of the date of the payment or foreclosure, as the case may be.
    (C) An individual shall not be ineligible for benefits under this 
subchapter by reason of the application of this paragraph to a disposal 
of resources by the individual or the spouse of the individual, to the 
extent that--
        (i) the resources are a home and title to the home was 
    transferred to--
            (I) the spouse of the transferor;
            (II) a child of the transferor who has not attained 21 years 
        of age, or is blind or disabled;
            (III) a sibling of the transferor who has an equity interest 
        in such home and who was residing in the transferor's home for a 
        period of at least 1 year immediately before the date the 
        transferor becomes an institutionalized individual; or
            (IV) a son or daughter of the transferor (other than a child 
        described in subclause (II)) who was residing in the 
        transferor's home for a period of at least 2 years immediately 
        before the date the transferor becomes an institutionalized 
        individual, and who provided care to the transferor which 
        permitted the transferor to reside at home rather than in such 
        an institution or facility;

        (ii) the resources--
            (I) were transferred to the transferor's spouse or to 
        another for the sole benefit of the transferor's spouse;
            (II) were transferred from the transferor's spouse to 
        another for the sole benefit of the transferor's spouse;
            (III) were transferred to, or to a trust (including a trust 
        described in section 1396p(d)(4) of this title) established 
        solely for the benefit of, the transferor's child who is blind 
        or disabled; or
            (IV) were transferred to a trust (including a trust 
        described in section 1396p(d)(4) of this title) established 
        solely for the benefit of an individual who has not attained 65 
        years of age and who is disabled;

        (iii) a satisfactory showing is made to the Commissioner of 
    Social Security (in accordance with regulations promulgated by the 
    Commissioner) that--
            (I) the individual who disposed of the resources intended to 
        dispose of the resources either at fair market value, or for 
        other valuable consideration;
            (II) the resources were transferred exclusively for a 
        purpose other than to qualify for benefits under this 
        subchapter; or
            (III) all resources transferred for less than fair market 
        value have been returned to the transferor; or

        (iv) the Commissioner determines, under procedures established 
    by the Commissioner, that the denial of eligibility would work an 
    undue hardship as determined on the basis of criteria established by 
    the Commissioner.

    (D) For purposes of this subsection, in the case of a resource held 
by an individual in common with another person or persons in a joint 
tenancy, tenancy in common, or similar arrangement, the resource (or the 
affected portion of such resource) shall be considered to be disposed of 
by the individual when any action is taken, either by the individual or 
by any other person, that reduces or eliminates the individual's 
ownership or control of such resource.
    (E) In the case of a transfer by the spouse of an individual that 
results in a period of ineligibility for the individual under this 
subsection, the Commissioner shall apportion the period (or any portion 
of the period) among the individual and the individual's spouse if the 
spouse becomes eligible for benefits under this subchapter.
    (F) For purposes of this paragraph--
        (i) the term ``benefits under this subchapter'' includes 
    payments of the type described in section 1382e(a) of this title and 
    of the type described in section 212(b) of Public Law 93-66;
        (ii) the term ``institutionalized individual'' has the meaning 
    given such term in section 1396p(e)(3) of this title; and
        (iii) the term ``trust'' has the meaning given such term in 
    subsection (e)(6)(A) of this section.

    (2)(A) At the time an individual (and the individual's eligible 
spouse, if any) applies for benefits under this subchapter, and at the 
time the eligibility of an individual (and such spouse, if any) for such 
benefits is redetermined, the Commissioner of Social Security shall--
        (i) inform such individual of the provisions of paragraph (1) 
    and section 1396p(c) of this title providing for a period of 
    ineligibility for benefits under this subchapter and subchapter XIX 
    of this chapter, respectively, for individuals who make certain 
    dispositions of resources for less than fair market value, and 
    inform such individual that information obtained pursuant to clause 
    (ii) will be made available to the State agency administering a 
    State plan under subchapter XIX of this chapter (as provided in 
    subparagraph (B)); and
        (ii) obtain from such individual information which may be used 
    in determining whether or not a period of ineligibility for such 
    benefits would be required by reason of paragraph (1) or section 
    1396p(c) of this title.

    (B) The Commissioner of Social Security shall make the information 
obtained under subparagraph (A)(ii) available, on request, to any State 
agency administering a State plan approved under subchapter XIX of this 
chapter.

(d) Funds set aside for burial expenses

    (1) In determining the resources of an individual, there shall be 
excluded an amount, not in excess of $1,500 each with respect to such 
individual and his spouse (if any), that is separately identifiable and 
has been set aside to meet the burial and related expenses of such 
individual or spouse.
    (2) The amount of $1,500, referred to in paragraph (1), with respect 
to an individual shall be reduced by an amount equal to (A) the total 
face value of all insurance policies on his life which are owned by him 
or his spouse and the cash surrender value of which has been excluded in 
determining the resources of such individual or of such individual and 
his spouse, and (B) the total of any amounts in an irrevocable trust (or 
other irrevocable arrangement) available to meet the burial and related 
expenses of such individual or his spouse.
    (3) If the Commissioner of Social Security finds that any part of 
the amount excluded under paragraph (1) was used for purposes other than 
those for which it was set aside in cases where the inclusion of any 
portion of the amount would cause the resources of such individual, or 
of such individual and spouse, to exceed the limits specified in 
paragraph (1) or (2) (whichever may be applicable) of section 1382(a) of 
this title, the Commissioner shall reduce any future benefits payable to 
the eligible individual (or to such individual and his spouse) by an 
amount equal to such part.
    (4) The Commissioner of Social Security may provide by regulations 
that whenever an amount set aside to meet burial and related expenses is 
excluded under paragraph (1) in determining the resources of an 
individual, any interest earned or accrued on such amount (and left to 
accumulate), and any appreciation in the value of prepaid burial 
arrangements for which such amount was set aside, shall also be excluded 
(to such extent and subject to such conditions or limitations as such 
regulations may prescribe) in determining the resources (and the income) 
of such individual.

(e) Trusts

    (1) In determining the resources of an individual, paragraph (3) 
shall apply to a trust (other than a trust described in paragraph (5)) 
established by the individual.
    (2)(A) For purposes of this subsection, an individual shall be 
considered to have established a trust if any assets of the individual 
(or of the individual's spouse) are transferred to the trust other than 
by will.
    (B) In the case of an irrevocable trust to which are transferred the 
assets of an individual (or of the individual's spouse) and the assets 
of any other person, this subsection shall apply to the portion of the 
trust attributable to the assets of the individual (or of the 
individual's spouse).
    (C) This subsection shall apply to a trust without regard to--
        (i) the purposes for which the trust is established;
        (ii) whether the trustees have or exercise any discretion under 
    the trust;
        (iii) any restrictions on when or whether distributions may be 
    made from the trust; or
        (iv) any restrictions on the use of distributions from the 
    trust.

    (3)(A) In the case of a revocable trust established by an 
individual, the corpus of the trust shall be considered a resource 
available to the individual.
    (B) In the case of an irrevocable trust established by an 
individual, if there are any circumstances under which payment from the 
trust could be made to or for the benefit of the individual (or of the 
individual's spouse), the portion of the corpus from which payment to or 
for the benefit of the individual (or of the individual's spouse) could 
be made shall be considered a resource available to the individual.
    (4) The Commissioner of Social Security may waive the application of 
this subsection with respect to an individual if the Commissioner 
determines that such application would work an undue hardship (as 
determined on the basis of criteria established by the Commissioner) on 
the individual.
    (5) This subsection shall not apply to a trust described in 
subparagraph (A) or (C) of section 1396p(d)(4) of this title.
    (6) For purposes of this subsection--
        (A) the term ``trust'' includes any legal instrument or device 
    that is similar to a trust;
        (B) the term ``corpus'' means, with respect to a trust, all 
    property and other interests held by the trust, including 
    accumulated earnings and any other addition to the trust after its 
    establishment (except that such term does not include any such 
    earnings or addition in the month in which the earnings or addition 
    is credited or otherwise transferred to the trust); and
        (C) the term ``asset'' includes any income or resource of the 
    individual (or of the individual's spouse), including--
            (i) any income excluded by section 1382a(b) of this title;
            (ii) any resource otherwise excluded by this section; and
            (iii) any other payment or property to which the individual 
        (or of the individual's spouse) is entitled but does not receive 
        or have access to because of action by--
                (I) the individual or spouse;
                (II) a person or entity (including a court) with legal 
            authority to act in place of, or on behalf of, the 
            individual or spouse; or
                (III) a person or entity (including a court) acting at 
            the direction of, or on the request of, the individual or 
            spouse.

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1613, as added Pub. L. 92-603, 
title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1470; amended Pub. L. 94-
569, Sec. 5, Oct. 20, 1976, 90 Stat. 2700; Pub. L. 95-171, Sec. 9(a), 
Nov. 12, 1977, 91 Stat. 1355; Pub. L. 96-611, Sec. 5(a), Dec. 28, 1980, 
94 Stat. 3567; Pub. L. 97-248, title I, Sec. 185(a), (b), Sept. 3, 1982, 
96 Stat. 406; Pub. L. 98-369, div. B, title VI, Secs. 2614, 2663(g)(5), 
July 18, 1984, 98 Stat. 1132, 1168; Pub. L. 100-203, title IX, 
Secs. 9103(a), 9104(a), 9105(a), 9114(a), Dec. 22, 1987, 101 Stat. 1330-
301, 1330-304; Pub. L. 100-360, title III, Sec. 303(c)(1), July 1, 1988, 
102 Stat. 762; Pub. L. 100-647, title VIII, Sec. 8103(b), Nov. 10, 1988, 
102 Stat. 3795; Pub. L. 101-239, title VIII, Secs. 8013(b), 8014(a), 
Dec. 19, 1989, 103 Stat. 2465; Pub. L. 101-508, title V, Secs. 5031(b), 
5035(b), title XI, Sec. 11115(b)(2), Nov. 5, 1990, 104 Stat. 1388-224, 
1388-225, 1388-414; Pub. L. 103-296, title I, Sec. 107(a)(4), title III, 
Sec. 321(h)(2), Aug. 15, 1994, 108 Stat. 1478, 1544; Pub. L. 104-193, 
title II, Sec. 213(b), Aug. 22, 1996, 110 Stat. 2195; Pub. L. 105-306, 
Sec. 7(b), Oct. 28, 1998, 112 Stat. 2928; Pub. L. 106-169, title II, 
Secs. 205(a), 206(a), Dec. 14, 1999, 113 Stat. 1833, 1834.)

                       References in Text

    The Uniform Relocation Assistance and Real Property Acquisitions 
Policies Act of 1970, referred to in subsec. (a)(10), is Pub. L. 91-646, 
Jan. 2, 1971, 84 Stat. 1894, as amended. Title II of the Act enacted 
subchapter II (Sec. 4621 et seq.) of chapter 61 of this title, amended 
sections 1415, 2473, and 3307 of this title and section 1606 of former 
Title 49, Transportation, repealed sections 1465 and 3074 of this title, 
section 2680 of Title 10, Armed Forces, sections 501 to 512 of Title 23, 
Highways, sections 1231 to 1234 of Title 43, Public Lands, and enacted 
provisions set out as notes under sections 4601 and 4621 of this title 
and under sections 501 to 512 of Title 23. For complete classification 
of title II to the Code, see Tables.
    The Internal Revenue Code of 1986, referred to in subsec. (a)(11), 
(13), is classified generally to Title 26, Internal Revenue Code.
    Section 212(b) of Public Law 93-66, referred to in subsec. 
(c)(1)(A)(iv)(II), (F)(i), is section 212(b) of Pub. L. 93-66, title II, 
July 9, 1973, 87 Stat. 155, as amended, which is set out as a note under 
section 1382 of this title.


                               Amendments

    1999--Subsec. (c). Pub. L. 106-169, Sec. 206(a)(1), struck out 
``Notification of medicaid policy restricting eligibility of 
institutionalized individuals for benefits based on'' before 
``Disposal'' in subsec. heading.
    Subsec. (c)(1). Pub. L. 106-169, Sec. 206(a)(5), added par. (1). 
Former par. (1) redesignated (2)(A).
    Subsec. (c)(2)(A). Pub. L. 106-169, Sec. 206(a)(4), redesignated 
par. (1) as (2)(A).
    Subsec. (c)(2)(A)(i). Pub. L. 106-169, Sec. 206(a)(2)(A), (C), 
redesignated par. (1)(A) as (2)(A)(i), inserted ``paragraph (1) and'' 
after ``provisions of'', and substituted ``benefits under this 
subchapter and subchapter XIX of this chapter, respectively,'' for 
``benefits under subchapter XIX of this chapter'', ``clause (ii)'' for 
``subparagraph (B)'', and ``subparagraph (B)'' for ``paragraph (2)''.
    Subsec. (c)(2)(A)(ii). Pub. L. 106-169, Sec. 206(a)(2)(B), (C), 
redesignated par. (1)(B) as (2)(A)(ii), struck out ``by the State 
agency'' after ``which may be used'', and substituted ``paragraph (1) or 
section 1396p(c) of this title.'' for ``section 1396p(c) of this title 
if such individual (or such spouse, if any) enters a medical institution 
or nursing facility.''
    Subsec. (c)(2)(B). Pub. L. 106-169, Sec. 206(a)(3), redesignated 
par. (2) as (2)(B) and substituted ``subparagraph (A)(ii)'' for 
``paragraph (1)(B)''.
    Subsec. (e). Pub. L. 106-169, Sec. 205(a), added subsec. (e).
    1998--Subsec. (a)(13). Pub. L. 105-306 added par. (13).
    1996--Subsec. (a)(12). Pub. L. 104-193 added par. (12).
    1994--Subsec. (a)(2) to (4), (6). Pub. L. 103-296, Sec. 107(a)(4), 
substituted ``Commissioner of Social Security'' for ``Secretary'' 
wherever appearing.
    Subsec. (a)(9) to (11). Pub. L. 103-296, Sec. 321(h)(2), struck out 
``and'' at end of par. (9), substituted ``; and'' for period at end of 
par. (10) relating to relocation assistance, and redesignated par. (10) 
relating to refunds of Federal income taxes as (11).
    Subsecs. (b) to (d). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary'' wherever appearing 
and ``the Commissioner shall'' for ``he shall'' in subsec. (d)(3).
    1990--Subsec. (a)(9). Pub. L. 101-508, Sec. 5031(b), added par. (9).
    Subsec. (a)(10). Pub. L. 101-508, Sec. 11115(b)(2), added par. (10) 
relating to refunds of Federal income taxes.
    Pub. L. 101-508, Sec. 5053(b), added par. (10) relating to 
relocation assistance.
    1989--Subsec. (a)(2)(B). Pub. L. 101-239, Sec. 8013(b), inserted 
``or agreement (including any interest accumulated thereon) representing 
the purchase of a burial space''.
    Subsec. (a)(3). Pub. L. 101-239, Sec. 8014(a), amended par. (3) 
generally. Prior to amendment, par. (3) read as follows: ``other 
property which, as determined in accordance with and subject to 
limitations prescribed by the Secretary, is so essential to the means of 
self-support of such individual (and such spouse) as to warrant its 
exclusion;''.
    1988--Subsec. (a)(8). Pub. L. 100-647 added par. (8).
    Subsec. (c). Pub. L. 100-360 substituted ``Notification of medicaid 
policy restricting eligibility of institutionalized individuals for 
benefits based on disposal of resources for less than fair market 
value'' for ``Disposal of resources for less than fair market value'' in 
heading and amended text generally, substituting pars. (1) and (2) for 
former pars. (1) to (4).
    1987--Subsec. (a)(7). Pub. L. 100-203, Sec. 9114(a), inserted ``(or 
to the first 9 months following such month with respect to any amount so 
received during the period beginning October 1, 1987, and ending 
September 30, 1989)'' after ``such amount is received''.
    Subsec. (b). Pub. L. 100-203, Sec. 9103, designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (c)(1). Pub. L. 100-203, Sec. 9104(a)(1), inserted ``, and 
subject to paragraph (4) of this subsection'' after ``subsection (a) of 
this section''.
    Subsec. (c)(4). Pub. L. 100-203, Sec. 9104(a)(2), added par. (4).
    Subsec. (d)(1). Pub. L. 100-203, Sec. 9105(a)(1), struck out ``if 
the inclusion of any portion of such amount or amounts would cause the 
resources of such individual, or of such individual and spouse, to 
exceed the limits specified in paragraph (1) or (2) (whichever may be 
applicable) of section 1382(a) of this title'' after ``individual or 
spouse''.
    Subsec. (d)(3). Pub. L. 100-203, Sec. 9105(a)(2), substituted 
``aside in cases where the inclusion of any portion of the amount would 
cause the resources of such individual, or of such individual and 
spouse, to exceed the limits specified in paragraph (1) or (2) 
(whichever may be applicable) of section 1382(a) of this title'' for 
``aside''.
    1984--Subsec. (a)(7). Pub. L. 98-369, Sec. 2614, added par. (7).
    Subsec. (c). Pub. L. 98-369, Sec. 2663(g)(5), amended heading.
    1982--Subsec. (a)(2). Pub. L. 97-248, Sec. 185(a), redesignated 
existing provisions as subpar. (A) and added subpar. (B).
    Subsec. (d). Pub. L. 97-248, Sec. 185(b), added subsec. (d).
    1980--Subsec. (c). Pub. L. 96-611 added subsec. (c).
    1977--Subsec. (a)(6). Pub. L. 95-171 added par. (6).
    1976--Subsec. (a)(1). Pub. L. 94-569 struck out ``, to the extent 
that its value does not exceed such amount as the Secretary determines 
to be reasonable'' after ``the home (including the land that appertains 
thereto)''.


                    Effective Date of 1999 Amendment

    Amendment by section 205(a) of Pub. L. 106-169 effective Jan. 1, 
2000, and applicable to trusts established on or after such date, see 
section 205(d) of Pub. L. 106-169, set out as a note under section 1382a 
of this title.
    Pub. L. 106-169, title II, Sec. 206(c), Dec. 14, 1999, 113 Stat. 
1837, provided that: ``The amendments made by this section [amending 
this section and section 1396a of this title] shall be effective with 
respect to disposals made on or after the date of the enactment of this 
Act [Dec. 14, 1999].''


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-306 applicable to gifts made on or after 
the date that is 2 years before Oct. 28, 1998, see section 7(c) of Pub. 
L. 105-306, set out as a note under section 1382a of this title.


                    Effective Date of 1996 Amendment

    Amendment by section 213(b) of Pub. L. 104-193 applicable to 
payments made after Aug. 22, 1996, see section 213(d) of Pub. L. 104-
193, set out as a note under section 1382a of this title.


                    Effective Date of 1994 Amendment

    Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar. 31, 
1995, see section 110(a) of Pub. L. 103-296, set out as a note under 
section 401 of this title.
    Section 321(h)(3) of Pub. L. 103-296 provided that: ``The amendments 
made by this subsection [amending this section and section 1383 of this 
title] shall take effect on the date of the enactment of this Act [Aug. 
15, 1994].''


                    Effective Date of 1990 Amendment

    Amendment by section 5031(b) of Pub. L. 101-508 applicable with 
respect to benefits for months beginning on or after the first day of 
the 6th calendar month following November 1990, see section 5031(d) of 
Pub. L. 101-508, set out as a note under section 1382a of this title.
    Amendment by section 5035(b) of Pub. L. 101-508 applicable with 
respect to benefits for calendar months beginning on or after the first 
day of the 6th calendar month following November 1990, see section 
5035(c) of Pub. L. 101-508, as amended, set out as a note under section 
1382a of this title.
    Amendment by section 11115(b)(2) of Pub. L. 101-508 applicable to 
determinations of income or resources made for any period after Dec. 31, 
1990, see section 11115(e) of Pub. L. 101-508, set out as a note under 
section 1382a of this title.


                    Effective Date of 1989 Amendment

    Amendment by section 8013(b) of Pub. L. 101-239 effective on 1st day 
of 4th month beginning after Dec. 19, 1989, see section 8013(c) of Pub. 
L. 101-239, set out as a note under section 1382a of this title.
    Section 8014(b) of Pub. L. 101-239 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect on the 
1st day of the 5th calendar month beginning after the date of the 
enactment of this Act [Dec. 19, 1989].''


                    Effective Date of 1988 Amendments

    Amendment by Pub. L. 100-647 effective as though included in section 
162 of Housing and Community Development Act of 1987, Pub. L. 100-242, 
at the time of its enactment, on Feb. 5, 1988, see section 8103(c) of 
Pub. L. 100-647, set out as a note under section 1382a of this title.
    Amendment by Pub. L. 100-360 applicable to transfers occurring on or 
after July 1, 1988, without regard to whether or not final regulations 
to carry out such amendment have been promulgated by such date, see 
section 303(g)(3) of Pub. L. 100-360, set out as a note under section 
1396r-5 of this title.


                    Effective Date of 1987 Amendment

    Section 9103(b) of Pub. L. 100-203 provided that: ``The amendments 
made by subsection (a) [amending this section] shall become effective 
April 1, 1988.''
    Section 9104(b) of Pub. L. 100-203 provided that: ``The amendments 
made by subsection (a) [amending this section] shall become effective 
April 1, 1988.''
    Section 9105(b) of Pub. L. 100-203 provided that: ``The amendments 
made by subsection (a) [amending this section] shall become effective 
April 1, 1988.''
    Section 9114(b) of Pub. L. 100-203 provided that: ``The amendment 
made by subsection (a) [amending this section] shall become effective 
January 1, 1988.''


                    Effective Date of 1984 Amendment

    Amendment by section 2614 of Pub. L. 98-369 effective Oct. 1, 1984, 
except as otherwise specifically provided, see section 2646 of Pub. L. 
98-369, set out as a note under section 657 of this title.
    Amendment by section 2663(g)(5) of Pub. L. 98-369 effective July 18, 
1984, but not to be construed as changing or affecting any right, 
liability, status, or interpretation which existed (under the provisions 
of law involved) before that date, see section 2664(b) of Pub. L. 98-
369, set out as a note under section 401 of this title.


                    Effective Date of 1982 Amendment

    Section 185(c) of Pub. L. 97-248 provided that: ``The amendment made 
by this section [amending this section] shall take effect on the first 
day of the second month after the month in which this Act is enacted 
[September 1982].''


                    Effective Date of 1980 Amendment

    Section 5(c) of Pub. L. 96-611 provided that: ``The amendment made 
by subsection (a) [amending this section] shall be effective with 
respect to applications for benefits under title XVI of the Social 
Security Act [this subchapter] filed on or after the first day of the 
first month which begins at least 60 days after the date of enactment of 
this Act [Dec. 28, 1980].''


                    Effective Date of 1977 Amendment

    Section 9(b) of Pub. L. 95-171 provided that: ``The amendment made 
by this section [amending this section] shall be effective July 1, 1976, 
with respect to catastrophes which occurred on or after June 1, 1976, 
and before December 31, 1976. With respect to catastrophes which 
occurred on or after December 1, 1976, the amendment made by this 
section shall be effective the first day of the calendar quarter 
following enactment of this Act [Nov. 12, 1977].''


                             Effective Date

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


                 Application to Northern Mariana Islands

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


                  Puerto Rico, Guam, and Virgin Islands

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

                  Section Referred to in Other Sections

    This section is referred to in sections 1382, 1382a, 1382j, 1396a, 
1396d, 1396p, 1396r-5, 1437a of this title; title 25 section 4103.
