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42 U.S.C. § 1004 — Disqualifications

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1004 — Disqualifications

**(a) In general** Notwithstanding [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1002&num=0&edition=prelim), an individual may not be a qualified individual for any month— (1) that begins after the month in which the Commissioner of Social Security is notified by the Attorney General that the individual has been removed from the United States pursuant to section 1227(a) or 1182(a)(6)(A) of title 8 and before the month in which the individual is lawfully admitted to the United States for permanent residence; (2) during any part of which the individual is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the United States or the jurisdiction within the United States from which the person has fled, for a crime, or an attempt to commit a crime, that is a felony under the laws of the place from which the individual has fled, or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed; (3) during any part of which the individual violates a condition of probation or parole imposed under Federal or State law; or (4) during which the individual resides in a foreign country and is not a citizen or national of the United States if payments for such month to individuals residing in such country are withheld by the Treasury Department under [section 3329 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3329&num=0&edition=prelim). **(b) Requirement for Attorney General** For the purpose of carrying out subsection (a)(1), the Attorney General shall notify the Commissioner of Social Security as soon as practicable after the removal of

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Stable record: federal_law:legal_authorities:record_usc_f92d78667c3dc4a4cae8ed3f
Source file: Laws/federal/codes/united-states-code/title-42/section-1004-disqualifications--af01b47242.md
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Source location: Title 42, Chapter 7, § 1004; chapter-007-social-security.md

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3329 — Withholding checks to be sent to foreign countries

**(a)** The Secretary of the Treasury shall prohibit a check or warrant drawn on public money from being sent to a foreign country from the United States or from a territory or possession of the United States when the Secretary decides that postal, transportation, or banking facilities generally, or local conditions in the foreign country, do not reasonably ensure that the payee— (1) will receive the check or warrant; and (2) will be able to negotiate it for full value. **(b)** (1) If a check or warrant is prohibited from being sent to a foreign country under subsection (a) of this section, the drawer shall hold the check or warrant until the end of the calendar quarter after the date of the check or warrant. (2) The Secretary may release the check or warrant for delivery during the calendar quarter after the date of the check or warrant if the Secretary decides that conditions have changed to ensure reasonably that the payee— (A) will receive the check or warrant; and (B) will be able to negotiate it for full value. (3) Unless the Secretary otherwise directs, the drawer shall send at the end of the calendar quarter after the date of the check or warrant the— (A) withheld check or warrant to the drawee; and (B) report to the Secretary on— (i) the name and address of the payee; (ii) the date, number, and amount of the check or warrant; and (iii) the account on which the check or warrant was drawn. (4) The drawee shall transfer the amount of a withheld check or warrant from the account of the drawer to the special deposit account “Secretary of the Treasury, Proceeds of Withheld Foreign Checks”. The check or warrant shall be marked “Paid into Withheld Foreign Check Account”. The Secretary shall credit the accounts of the drawer and drawee.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 402 — Old-age and survivors insurance benefit payments

**(a) Old-age insurance benefits** Every individual who— (1) is a fully insured individual (as defined in [section 414(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414/a&num=0&edition=prelim)), (2) has attained age 62, and (3) has filed application for old-age insurance benefits or was entitled to disability insurance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title), shall be entitled to an old-age insurance benefit for each month, beginning with— (A) in the case of an individual who has attained retirement age (as defined in section 416(l) of this title), the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3), or (B) in the case of an individual who has attained age 62, but has not attained retirement age (as defined in section 416(l) of this title), the first month throughout which such individual meets the criteria specified in paragraphs (1) and (2) (if in that month he meets the criterion specified in paragraph (3)), and ending with the month preceding the month in which he dies. Except as provided in subsection (q) and subsection (w), such individual’s old-age insurance benefit for any month shall be equal to his primary insurance amount (as defined in [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/a&num=0&edition=prelim)) for such month. **(b) Wife’s insurance benefits** (1) The wife (as defined in [section 416(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/b&num=0&edition=prelim)) and every divorced wife (as defined in [section 416(d) of this title](https://uscode.house.gov/

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1002 — Qualified individuals

Except as otherwise provided in this subchapter, an individual— (1) who has attained the age of 65 on or before December 14, 1999; (2) who is a World War II veteran; (3) who is eligible for a supplemental security income benefit under subchapter XVI for— (A) the month in which this subchapter is enacted; and (B) the month in which the individual files an application for benefits under this subchapter; (4) whose total benefit income is less than 75 percent of the Federal benefit rate under subchapter XVI; (5) who has filed an application for benefits under this subchapter; and (6) who is in compliance with all requirements imposed by the Commissioner of Social Security under this subchapter, shall be a qualified individual for purposes of this subchapter.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1001 — Basic entitlement to benefits

Every individual who is a qualified individual under [section 1002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1002&num=0&edition=prelim) shall, in accordance with and subject to the provisions of this subchapter, be entitled to a monthly benefit paid by the Commissioner of Social Security for each month after September 2000 (or such earlier month, if the Commissioner determines is administratively feasible) the individual resides outside the United States.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1004 — Disqualifications

Page 2502 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1002 subchapter, be entitled to a monthly benefit paid by the Commissioner of Social Security for each month after September 2000 (or such earlier month, if the Commissioner determines is ad- ministratively feasible) the individual resides outside the United States. (Aug. 14, 1935, ch. 531, title VIII, § 801, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1844.) Editorial Notes PRIOR PROVISIONS Prior sections 1001 to 1011, act Aug. 14, 1935, ch. 531, title VIII, §§ 801–811, 49 Stat. 636–639, related to taxes with respect to employment. Section 4 of act Feb. 10, 1939, ch. 2, 53 Stat. 1, which act enacted Title 26, Inter- nal Revenue Code of 1939, provided that all laws and parts of laws codified into the I.R.C. 1939, to the extent that they related exclusively to internal revenue laws, were repealed. Provisions of I.R.C. 1939 were generally repealed by section 7851 of Title 26, Internal Revenue Code of 1954 (act Aug. 16, 1954, ch. 736, 68A Stat. 3). See, also, section 7807 of said Title 26, I.R.C. 1954, respecting rules in effect upon enactment of I.R.C. 1954. The I.R.C. 1954 was redesignated I.R.C. 1986 by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095. The omitted sections were formerly and are now covered by certain sections in Title 26, I.R.C. 1939 and I.R.C. 1986, respectively, as fol- lows: Omitted sections I.R.C. 1939 I.R.C. 1986 1001 .................... 1400 ..................... 3101. 1002 .................... 1402 ..................... 3102. 1003 .................... 1401 ..................... 3502. 1004 .................... 1410 ..................... 3111. 1005 .................... 1411 ..................... 6205(a), 6413(a). 1006 .................... 1

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