
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: 42USC1382j]

 
                 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. 1382j. Attribution of sponsor's income and resources to 
        aliens
        

(a) Attribution as unearned income

    For purposes of determining eligibility for and the amount of 
benefits under this subchapter for an individual who is an alien, the 
income and resources of any person who (as a sponsor of such 
individual's entry into the United States) executed an affidavit of 
support or similar agreement with respect to such individual, and the 
income and resources of the sponsor's spouse, shall be deemed to be the 
income and resources of such individual (in accordance with subsections 
(b) and (c) of this section) for a period of 3 years after the 
individual's entry into the United States. Any such income deemed to be 
income of such individual shall be treated as unearned income of such 
individual.

(b) Determination of amount and resources

    (1) The amount of income of a sponsor (and his spouse) which shall 
be deemed to be the unearned income of an alien for any year shall be 
determined as follows:
        (A) The total yearly rate of earned and unearned income (as 
    determined under section 1382a(a) of this title) of such sponsor and 
    such sponsor's spouse (if such spouse is living with the sponsor) 
    shall be determined for such year.
        (B) The amount determined under subparagraph (A) shall be 
    reduced by an amount equal to (i) the maximum amount of the Federal 
    benefit under this subchapter for such year which would be payable 
    to an eligible individual who has no other income and who does not 
    have an eligible spouse (as determined under section 1382(b)(1) of 
    this title), plus (ii) one-half of the amount determined under 
    clause (i) multiplied by the number of individuals who are 
    dependents of such sponsor (or such sponsor's spouse if such spouse 
    is living with the sponsor), other than such alien and such alien's 
    spouse.
        (C) The amount of income which shall be deemed to be unearned 
    income of such alien shall be at a yearly rate equal to the amount 
    determined under subparagraph (B). The period for determination of 
    such amount shall be the same as the period for determination of 
    benefits under section 1382(c) of this title.

    (2) The amount of resources of a sponsor (and his spouse) which 
shall be deemed to be the resources of an alien for any year shall be 
determined as follows:
        (A) The total amount of the resources (as determined under 
    section 1382b of this title) of such sponsor and such sponsor's 
    spouse (if such spouse is living with the sponsor) shall be 
    determined.
        (B) The amount determined under subparagraph (A) shall be 
    reduced by an amount equal to (i) the applicable amount determined 
    under section 1382(a)(3)(B) of this title in the case of a sponsor 
    who has no spouse with whom he is living, or (ii) the applicable 
    amount determined under section 1382(a)(3)(A) of this title in the 
    case of a sponsor who has a spouse with whom he is living.
        (C) The resources of such sponsor (and spouse) as determined 
    under subparagraphs (A) and (B) shall be deemed to be resources of 
    such alien in addition to any resources of such alien.

(c) Support and maintenance

    In determining the amount of income of an alien during the period of 
3 years after such alien's entry into the United States, the reduction 
in dollar amounts otherwise required under section 1382a(a)(2)(A)(i) of 
this title shall not be applicable if such alien is living in the 
household of a person who is a sponsor (or such sponsor's spouse) of 
such alien, and is receiving support and maintenance in kind from such 
sponsor (or spouse), nor shall support or maintenance furnished in cash 
or kind to an alien by such alien's sponsor (to the extent that it 
reflects income or resources which were taken into account in 
determining the amount of income and resources to be deemed to the alien 
under subsection (a) or (b) of this section) be considered to be income 
of such alien under section 1382a(a)(2)(A) of this title.

(d) Information and documentation; agreements with Secretary of State 
        and Attorney General

    (1) Any individual who is an alien shall, during the period of 3 
years after entry into the United States, in order to be an eligible 
individual or eligible spouse for purposes of this subchapter, be 
required to provide to the Commissioner of Social Security such 
information and documentation with respect to his sponsor as may be 
necessary in order for the Commissioner of Social Security to make any 
determination required under this section, and to obtain any cooperation 
from such sponsor necessary for any such determination. Such alien shall 
also be required to provide to the Commissioner of Social Security such 
information and documentation as the Commissioner of Social Security may 
request and which such alien or his sponsor provided in support of such 
alien's immigration application.
    (2) The Commissioner of Social Security shall enter into agreements 
with the Secretary of State and the Attorney General whereby any 
information available to such persons and required in order to make any 
determination under this section will be provided by such persons to the 
Commissioner of Social Security, and whereby such persons shall inform 
any sponsor of an alien, at the time such sponsor executes an affidavit 
of support or similar agreement, of the requirements imposed by this 
section.

(e) Joint and several liability of alien and sponsor for overpayments

    Any sponsor of an alien, and such alien, shall be jointly and 
severally liable for an amount equal to any overpayment made to such 
alien during the period of 3 years after such alien's entry into the 
United States, on account of such sponsor's failure to provide correct 
information under the provisions of this section, except where such 
sponsor was without fault, or where good cause for such failure existed. 
Any such overpayment which is not repaid to the Commissioner of Social 
Security or recovered in accordance with section 1383(b) of this title 
shall be withheld from any subsequent payment to which such alien or 
such sponsor is entitled under any provision of this chapter.

(f) Exemptions

    (1) The provisions of this section shall not apply with respect to 
any individual who is an ``aged, blind, or disabled individual'' for 
purposes of this subchapter by reason of blindness (as determined under 
section 1382c(a)(2) of this title) or disability (as determined under 
section 1382c(a)(3) of this title), from and after the onset of the 
impairment, if such blindness or disability commenced after the date of 
such individual's admission into the United States for permanent 
residence.
    (2) The provisions of this section shall not apply with respect to 
any alien who is--
        (A) admitted to the United States as a result of the 
    application, prior to April 1, 1980, of the provisions of section 
    1153(a)(7) of title 8;
        (B) admitted to the United States as a result of the 
    application, after March 31, 1980, of the provisions of section 
    1157(c)(1) of title 8;
        (C) paroled into the United States as a refugee under section 
    1182(d)(5) of title 8; or
        (D) granted political asylum by the Attorney General.

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1621, as added Pub. L. 96-265, 
title V, Sec. 504(b), June 9, 1980, 94 Stat. 471; amended Pub. L. 98-
369, div. B, title VI, Secs. 2611(d), 2663(g)(10), July 18, 1984, 98 
Stat. 1131, 1169; Pub. L. 103-152, Sec. 7(a)(1), (b)(1), Nov. 24, 1993, 
107 Stat. 1519; Pub. L. 103-296, title I, Sec. 107(a)(4), Aug. 15, 1994, 
108 Stat. 1478.)

                       References in Text

    Section 1153(a)(7) of title 8, referred to in subsec. (f)(2)(A), to 
be deemed a reference to such section as in effect prior to Apr. 1, 
1980, and to sections 1157 and 1158 of Title 8, Aliens and Nationality. 
See section 203(h) of Pub. L. 96-212, set out as a note under section 
1153 of Title 8.


                               Amendments

    1994--Subsecs. (d), (e). Pub. L. 103-296 substituted ``Commissioner 
of Social Security'' for ``Secretary'' wherever appearing, except where 
appearing before ``of State'' in subsec. (d)(2).
    1993--Pub. L. 103-152, Sec. 7(b)(1), substituted ``3 years'' for ``5 
years'' in subsecs. (a), (c), (d)(1), and (e).
    Pub. L. 103-152, Sec. 7(a)(1), substituted ``5 years'' for ``three 
years'' in subsecs. (a), (c), (d)(1), and (e).
    1984--Subsec. (b)(2)(B). Pub. L. 98-369, Sec. 2611(d), substituted 
``the applicable amount determined under section 1382(a)(3)(B) of this 
title'' for ``$1,500'' and ``the applicable amount determined under 
section 1382(a)(3)(A) of this title'' for ``$2,250''.
    Subsec. (e). Pub. L. 98-369, Sec. 2663(g)(10), substituted 
``severally'' for ``severably''.


                    Effective Date of 1994 Amendment

    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 7(a)(2) of Pub. L. 103-152 provided that: ``The amendments 
made by paragraph (1) [amending this section] shall take effect on 
January 1, 1994.''
    Section 7(b)(2) of Pub. L. 103-152 provided that: ``The amendments 
made by paragraph (1) [amending this section] shall take effect on 
October 1, 1996.''


                    Effective Date of 1984 Amendment

    Amendment by section 2611(d) 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)(10) 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

    Section 504(c) of Pub. L. 96-265 provided that: ``The amendments 
made by this section [enacting this section and amending section 1382c 
of this title] shall be effective with respect to individuals applying 
for supplemental security income benefits under title XVI of the Social 
Security Act [this subchapter] for the first time after September 30, 
1980.''

                  Section Referred to in Other Sections

    This section is referred to in section 1382c of this title.
