42 U.S.C. § 1381a — Basic entitlement to benefits

Page 2801 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1381a Section 1367, act Aug. 14, 1935, ch. 531, title XV, § 1507, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1134; amended Aug. 28, 1958, Pub. L. 85–848, § 4, 72 Stat. 1089; Sept. 13, 1960, Pub. L. 86–778, title V, § 531(f), 74 Stat. 984, provided for dissemination of information by both Fed- eral and State agencies. See section 8506 of Title 5. Section 1368, act Aug. 14, 1935, ch. 531, title XV, § 1508, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1135, re- lated to penalties. See section 8507 of Title 5 and sec- tion 1919 of Title 18, Crimes and Criminal Procedure. Section 1369, act Aug. 14, 1935, ch. 531, title XV, § 1509, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1135, re- lated to rules and regulations. See section 8508 of Title 5. Section 1370, act Aug. 14, 1935, ch. 531, title XV, § 1510, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1135, re- lated to authorization of appropriations. See section 5509 of Title 5. Section 1371, act Aug. 14, 1935, ch. 531, title XV, § 1511, as added Aug. 28, 1958, Pub. L. 85–848, § 3, 72 Stat. 1087; amended Sept. 2, 1958, Pub. L. 85–857, § 13(i)(3), 72 Stat. 1265; Apr. 22, 1960, Pub. L. 86–442, § 2, 74 Stat. 82; Sept. 13, 1960, Pub. L. 86–778, title V, § 542(c), 74 Stat. 986, pro- vided an ex-servicemen’s unemployment compensation program. See sections 8521 to 8525 of Title 5. SUBCHAPTER XVI—SUPPLEMENTAL SECU- RITY INCOME FOR AGED, BLIND, AND DISABLED § 1381. Statement of purpose; authorization of ap- propriations For the purpose of establishing a national pro- gram to provide supplemental security income to individuals who have attained age 65 or are blind or disabled, there are authorized to be ap- propriated sums sufficient to carry out this sub- chapter. (Aug. 14, 1935, ch. 531, title XVI, § 1601, as added Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1465.) Editorial Notes PRIOR PROVISIONS A prior section 1381, act Aug. 14, 1935, ch. 531, title XVI, § 1601, as added July 25, 1962, Pub. L. 87–543, title I, § 141(a), 76 Stat. 197, authorized appropriations for grants to States for aid to aged, blind, or disabled, and for medical assistance for aged, prior to the general amendment of title XVI of the Social Security Act by Pub. L. 92–603, § 301, but is set out as a note below in view of its continued applicability to Puerto Rico, Guam, and the Virgin Islands. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1465, provided that this section is effective Jan. 1, 1974. CONTINUATION OF FEDERAL FINANCIAL PARTICIPATION IN EXPERIMENTAL, PILOT, OR DEMONSTRATION PROJECTS APPROVED BEFORE OCTOBER 1973, FOR PE- RIOD ON-AND-AFTER DECEMBER 31, 1973, WITHOUT DE- NIAL OR REDUCTION ON ACCOUNT OF SUBCHAPTER XVI PROVISIONS; WAIVER OF SUBCHAPTER XVI RE- STRICTIONS FOR INDIVIDUALS; FEDERAL PAYMENTS OF NON-FEDERAL SHARE AS SUPPLEMENTARY PAYMENTS Subchapter provisions without effect on Federal Fi- nancial Participation in Experimental, Pilot or Dem- onstration Projects approved before Oct. 1, 1973, for pe- riod on-and-after Dec. 31, 1973, see section 11 of Pub. L. 93–233, Dec. 31, 1973, 87 Stat. 958, set out as a note under section 1315 of this title. APPLICATION TO NORTHERN MARIANA ISLANDS For applicability of this section to the Northern Mar- iana Islands, see section 502(a)(1) of the Covenant to Es- tablish a Commonwealth of the Northern Mariana Is- lands 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, Terri- tories and Insular Possessions. PUERTO RICO, GUAM, AND VIRGIN ISLANDS Enactment of section 1601 of the Social Security Act by Pub. L. 92–603, eff. Jan. 1, 1974 (42 U.S.C. 1381), was not applicable to Puerto Rico, Guam, and the Virgin Is- lands. See section 303(b) of Pub. L. 92–603, set out as a note under section 301 of this title. Therefore, as to Puerto Rico, Guam, and the Virgin Islands, section 1601 of the Social Security Act as it existed prior to reen- actment by Pub. L. 92–603 (former 42 U.S.C. 1381), and as amended, continues to apply and reads as follows: § 1381. Authorization of appropriations For the purpose of enabling each State, as far as practicable under the conditions in such State, to fur- nish financial assistance to needy individuals who are 65 years of age or over, are blind, or are 18 years of age or over and permanently and totally disabled, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this subchapter. The sums made available under this sec- tion shall be used for making payments to States which have submitted, and had approved by the Commissioner of Social Security, State plans for aid to the aged, blind, or disabled. (Aug. 14, 1935, ch. 531, title XVI, § 1601, as added July 25, 1962, Pub. L. 87–543, title I, § 141(a), 76 Stat. 197; amend- ed Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 Stat. 695; Aug. 13, 1981, Pub. L. 97–35, title XXI, § 2184(d)(3), title XXIII, § 2353(m)(1), 95 Stat. 817, 873; Aug. 15, 1994, Pub. L. 103–296, title I, § 107(a)(1), 108 Stat. 1477.) [Amendment by section 107(a)(1) of Pub. L. 103–296 ef- fective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as an Effective Date of 1994 Amendment note under section 401 of this title.] PAYMENTS UNDER CHAPTER PROVISIONS IN EFFECT BE- FORE JANUARY 1, 1974, FOR: ACTIVITIES CARRIED OUT THROUGH DECEMBER 31, 1973, UNDER STATE PLANS APPROVED UNDER SUBCHAPTER I, X, XIV, OR XVI PROVISIONS; AND FOR ADMINISTRATIVE ACTIVITIES AFTER JANUARY 1, 1974, CLOSING OUT SUCH ACTIVI- TIES Pub. L. 93–233, § 19(b), Dec. 31, 1973, 87 Stat. 974, pro- vided that: ‘‘Notwithstanding the provisions of section 301 of the Social Security Amendments of 1972 [enact- ing this subchapter], the Secretary of Health, Edu- cation, and Welfare [now Health and Human Services] shall make payments to the 50 States and the District of Columbia after December 31, 1973, in accordance with the provisions of the Social Security Act [42 U.S.C. 301 et seq.] as in effect prior to January 1, 1974, for (1) ac- tivities carried out through the close of December 31, 1973, under State plans approved under title I, X, XIV, or XVI, of such Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.], and (2) administrative activi- ties carried out after December 31, 1973, which such Secretary determines are necessary to bring to a close activities carried out under such State plans.’’ § 1381a. Basic entitlement to benefits Every aged, blind, or disabled individual who is determined under part A to be eligible on the basis of his income and resources shall, in ac- cordance with and subject to the provisions of this subchapter, be paid benefits by the Commis- sioner of Social Security. (Aug. 14, 1935, ch. 531, title XVI, § 1602, as added Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Page 2802 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1382 Stat. 1465; amended Pub. L. 98–369, div. B, title VI, § 2663(j)(2)(E), July 18, 1984, 98 Stat. 1170; Pub. L. 103–296, title I, § 107(a)(1), Aug. 15, 1994, 108 Stat. 1477.) Editorial Notes PRIOR PROVISIONS A prior section 1602 of act Aug. 14, 1935, ch. 531, title XVI, as added July 25, 1962, Pub. L. 87–543, title I, § 141(a), 76 Stat. 198; amended Oct. 13, 1964, Pub. L. 88–650, § 5(b), 78 Stat. 1078; July 30, 1965, Pub. L. 89–97, title II, § 221(d)(3), title IV, § 403(e), 79 Stat. 358, 418; Jan. 2, 1968, Pub. L. 90–248, title II, §§ 210(a)(5), 213(a)(4), 241(d), 81 Stat. 896, 898, 917, formerly classified to sec- tion 1382 of this title, set forth the required contents of State plans for aid to the aged, blind, or disabled, and for medical assistance for the aged, prior to the general amendment of title XVI of the Social Security Act by Pub. L. 92–603, § 301. Text of former section 1602 of act Aug. 14, 1935, is set out under section 1382 of this title. AMENDMENTS 1994—Pub. L. 103–296 substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary of Health and Human Services’’. 1984—Pub. L. 98–369 substituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’. Statutory Notes and Related Subsidiaries 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 1984 AMENDMENT Amendment by 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 Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1465, provided that this section is effective Jan. 1, 1974. APPLICATION TO NORTHERN MARIANA ISLANDS For applicability of this section to the Northern Mar- iana Islands, see section 502(a)(1) of the Covenant to Es- tablish a Commonwealth of the Northern Mariana Is- lands 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, Terri- tories 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 Vir- gin Islands, see section 303(b) of Pub. L. 92–603, set out as a note under section 301 of this title. PART A—DETERMINATION OF BENEFITS § 1382. Eligibility for benefits (a) ‘‘Eligible individual’’ defined (1) Each aged, blind, or disabled individual who does not have an eligible spouse and— (A) whose income, other than income ex- cluded pursuant to section 1382a(b) of this title, is at a rate of not more than $1,752 (or, if greater, the amount determined under sec- tion 1382f of this title) for the calendar year 1974 or any calendar year thereafter, and (B) whose resources, other than resources ex- cluded pursuant to section 1382b(a) of this title, are not more than (i) in case such indi- vidual has a spouse with whom he is living, the applicable amount determined under para- graph (3)(A), or (ii) in case such individual has no spouse with whom he is living, the applica- ble amount determined under paragraph (3)(B), shall be an eligible individual for purposes of this subchapter. (2) Each aged, blind, or disabled individual who has an eligible spouse and— (A) whose income (together with the income of such spouse), other than income excluded pursuant to section 1382a(b) of this title, is at a rate of not more than $2,628 (or, if greater, the amount determined under section 1382f of this title) for the calendar year 1974, or any calendar year thereafter, and (B) whose resources (together with the re- sources of such spouse), other than resources excluded pursuant to section 1382b(a) of this title, are not more than the applicable amount determined under paragraph (3)(A), shall be an eligible individual for purposes of this subchapter. (3)(A) The dollar amount referred to in clause (i) of paragraph (1)(B), and in paragraph (2)(B), shall be $2,250 prior to January 1, 1985, and shall be increased to $2,400 on January 1, 1985, to $2,550 on January 1, 1986, to $2,700 on January 1, 1987, to $2,850 on January 1, 1988, and to $3,000 on Jan- uary 1, 1989. (B) The dollar amount referred to in clause (ii) of paragraph (1)(B), shall be $1,500 prior to Janu- ary 1, 1985, and shall be increased to $1,600 on January 1, 1985, to $1,700 on January 1, 1986, to $1,800 on January 1, 1987, to $1,900 on January 1, 1988, and to $2,000 on January 1, 1989. (b) Amount of benefits (1) The benefit under this subchapter for an in- dividual who does not have an eligible spouse shall be payable at the rate of $1,752 (or, if great- er, the amount determined under section 1382f of this title) for the calendar year 1974 and any cal- endar year thereafter, reduced by the amount of income, not excluded pursuant to section 1382a(b) of this title, of such individual. (2) The benefit under this subchapter for an in- dividual who has an eligible spouse shall be pay- able at the rate of $2,628 (or, if greater, the amount determined under section 1382f of this title) for the calendar year 1974 and any cal- endar year thereafter, reduced by the amount of income, not excluded pursuant to section 1382a(b) of this title, of such individual and spouse. (c) Period for determination of benefits (1) An individual’s eligibility for a benefit under this subchapter for a month shall be de- termined on the basis of the individual’s (and el- igible spouse’s, if any) income, resources, and other relevant characteristics in such month, and, except as provided in paragraphs (2), (3), (4), (5), and (6), the amount of such benefit shall be determined for such month on the basis of in- come and other characteristics in the first or, if the Commissioner of Social Security so deter- mines, second month preceding such month. Eli-