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parts of laws codified into the I.R.C. 1939, to the extent that they related exclusively to internal revenue laws, were repealed. Provisions of I.R.C. 1939 were generally repealed by section 7851 of Title 26, Internal Revenue Code of 1954 (act Aug. 16, 1954, ch. 736, 68A Stat. 3).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 .................... 1421 ..................... 6205(b), 6413(b). 1007 .................... 1420, 1430 ............. 3501. 1008 .................... 1429 ..................... 7805(a), (c). 1009 .................... 1423, 1424 ............. 6801 et seq. 1010 .................... 1425 ..................... 7208(1), 7209. 1011 (as amended Aug. 10, 1939, ch. 666, title IX, § 905(a), 53 Stat. 1400). 1426 ..................... 3121, 7701(a)(1). Section 1001 related to income tax on employees. Section 1002 related to deduction of tax from wages. Section 1003 related to deductibility from income taxes. Section 1004 related to excise tax on employers. Section 1005 related to adjustment of employers’ tax. Section 1006 related to refunds and deficiencies. Section 1007 related to collection and payment of taxes. Section 1008 related to rules and regulations. Section 1009 related to sale by postmasters of stamps or other devices for collection or payment of tax. Section 1010 related to penalties. Section 1011 related to definitions. § 1002. Qualified individuals Except as otherwise provided in this sub- chapter, an individual— (1) who has attained the age of 65 on or be- fore December 14, 1999; (2) who is a World War II veteran; (3) who is eligible for a supplemental secu- rity 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 sub- chapter; (4) whose total benefit income is less than 75 percent of the Federal benefit rate under sub- chapter XVI; (5) who has filed an application for benefits under this subchapter; and (6) who is in compliance with all require- ments imposed by the Commissioner of Social Security under this subchapter, shall be a qualified individual for purposes of this subchapter. (Aug. 14, 1935, ch. 531, title VIII, § 802, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1844.) Editorial Notes PRIOR PROVISIONS For prior provisions, see note set out under section 1001 of this title. § 1003. Residence outside the United States For purposes of section 1001 of this title, with respect to any month, an individual shall be re- garded as residing outside the United States if, on the first day of the month, the individual so resides outside the United States. (Aug. 14, 1935, ch. 531, title VIII, § 803, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1845.) Editorial Notes PRIOR PROVISIONS For prior provisions, see note set out under section 1001 of this title. § 1004. Disqualifications (a) In general Notwithstanding section 1002 of this title, 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 felo- nies, 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 im- posed under Federal or State law; or (4) during which the individual resides in a foreign country and is not a citizen or na- tional of the United States if payments for such month to individuals residing in such country are withheld by the Treasury Depart- ment under section 3329 of title 31. (b) Requirement for Attorney General For the purpose of carrying out subsection (a)(1), the Attorney General shall notify the Page 2503 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1007 Commissioner of Social Security as soon as practicable after the removal of any individual under section 1227(a) or 1182(a)(6)(A) of title 8. (Aug. 14, 1935, ch. 531, title VIII, § 804, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1845; amended Pub. L. 108–203, title II, § 203(c), Mar. 2, 2004, 118 Stat. 511.) Editorial Notes PRIOR PROVISIONS For prior provisions, see note set out under section 1001 of this title. AMENDMENTS 2004—Subsec. (a)(2). Pub. L. 108–203 substituted ‘‘or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term ex- ceeding 1 year regardless of the actual sentence im- posed’’ for ‘‘or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–203 effective on the first day of the first month that begins on or after the date that is 9 months after Mar. 2, 2004, see section 203(d) of Pub. L. 108–203, set out as a note under section 402 of this title. § 1005. Benefit amount The benefit under this subchapter payable to a qualified individual for any month shall be in an amount equal to 75 percent of the Federal ben- efit rate under subchapter XVI for the month, reduced by the amount of the qualified individ- ual’s benefit income for the month. (Aug. 14, 1935, ch. 531, title VIII, § 805, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1845.) Editorial Notes PRIOR PROVISIONS For prior provisions, see note set out under section 1001 of this title. § 1006. Applications and furnishing of informa- tion (a) In general The Commissioner of Social Security shall, subject to subsection (b), prescribe such require- ments with respect to the filing of applications, the furnishing of information and other mate- rial, and the reporting of events and changes in circumstances, as may be necessary for the ef- fective and efficient administration of this sub- chapter. (b) Verification requirement The requirements prescribed by the Commis- sioner of Social Security under subsection (a) shall preclude any determination of entitlement to benefits under this subchapter solely on the basis of declarations by the individual con- cerning qualifications or other material facts, and shall provide for verification of material in- formation from independent or collateral sources, and the procurement of additional in- formation as necessary in order to ensure that the benefits are provided only to qualified indi- viduals (or their representative payees) in cor- rect amounts. (Aug. 14, 1935, ch. 531, title VIII, § 806, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1846.) Editorial Notes PRIOR PROVISIONS For prior provisions, see note set out under section 1001 of this title. § 1007. Representative payees (a) In general If the Commissioner of Social Security deter- mines that the interest of any qualified indi- vidual under this subchapter would be served thereby, payment of the qualified individual’s benefit under this subchapter may be made, re- gardless of the legal competency or incom- petency of the qualified individual, either di- rectly to the qualified individual, or for his or her use and benefit, to another person (the meaning of which term, for purposes of this sec- tion, includes an organization) with respect to whom the requirements of subsection (b) have been met (in this section referred to as the qualified individual’s ‘‘representative payee’’). If the Commissioner of Social Security determines that a representative payee has misused any benefit paid to the representative payee pursu- ant to this section, 405(j) of this title, or section 1383(a)(2) of this title, the Commissioner of So- cial Security shall promptly revoke the person’s designation as the qualified individual’s rep- resentative payee under this subsection, and shall make payment to an alternative represent- ative payee or, if the interest of the qualified in- dividual under this subchapter would be served thereby, to the qualified individual. (b) Examination of fitness of prospective rep- resentative payee (1) Any determination under subsection (a) to pay the benefits of a qualified individual to a representative payee shall be made on the basis of— (A) an investigation by the Commissioner of Social Security of the person to serve as rep- resentative payee, which shall be conducted in advance of the determination and shall, to the extent practicable, include a face-to-face interview with the person (or, in the case of an organization, a representative of the organiza- tion); and (B) adequate evidence that the arrangement is in the interest of the qualified individual. (2) As part of the investigation referred to in paragraph (1), the Commissioner of Social Secu- rity shall— (A) require the person being investigated to submit documented proof of the identity of the person; (B) in the case of a person who has a social security account number issued for purposes of the program under subchapter II or an em- ployer identification number issued for pur- poses of the Internal Revenue Code of 1986, verify the number;