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42 U.S.C. § 1382

Eligibility for benefits

United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective

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42 U.S.C. § 1382, Eligibility for benefits, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/477205
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Each aged, blind, or disabled individual who does not have an eligible spouse and— Each aged, blind, or disabled individual who has an eligible spouse and— The amount of such benefit for the month in which an application for benefits becomes effective (or, if the Commissioner of Social Security so determines, for such month and the following month) and for any month immediately following a month of ineligibility for such benefits (or, if the Commissioner of Social Security so determines, for such month and the following month) shall— For purposes of this subsection, an increase in the benefit amount payable under subchapter II (over the amount payable in the preceding month, or, at the election of the Commissioner of Social Security, the second preceding month) to an individual receiving benefits under this subchapter shall be included in the income used to determine the benefit under this subchapter of such individual for any month which is— For purposes of this subsection, an application of an individual for benefits under this subchapter shall be effective on the later of— The Commissioner of Social Security may prescribe the circumstances under which, consistently with the purposes of this subchapter, the gross income from a trade or business (including farming) will be considered sufficiently large to make an individual ineligible for benefits under this subchapter. For purposes of this subsection, the term “gross income” has the same meaning as when used in chapter 1 of the Internal Revenue Code of 1986. In any case where an eligible individual or his eligible spouse (if any) is, throughout any month (subject to subparagraph (G)), in a medical treatment facility receiving payments (with respect to such individual or spouse) under a State plan approved under subchapter XIX, or an eligible individual is a child described in section 1382c(f)(2)(B) of this title, or, in the case of an eligible individual who is a child under the age of 18, receiving payments (with respect to such individual) under any health insurance policy issued by a private provider of such insurance the benefit under this subchapter for such individual for such month shall be payable (subject to subparagraph (E))— in the case of an individual who has an eligible spouse, if only one of them is in such a facility throughout such month, at a rate not in excess of the sum of— Notwithstanding subparagraphs (A) and (B), any individual who— A person may be an eligible individual or eligible spouse for purposes of this subchapter, and subparagraphs (A) and (B) shall not apply, with respect to any particular month throughout which he or she is an inmate of a public institution the primary purpose of which is the provision of medical or psychiatric care, or is in a medical treatment facility receiving payments (with respect to such individual or spouse) under a State plan approved under subchapter XIX or, in the case of an individual who is a child under the age of 18, under any health insurance policy issued by a private provider of such insurance, if it is determined in accordance with subparagraph (H) or (J) that— The Commissioner shall enter into an agreement, with any interested State or local institution comprising a jail, prison, penal institution, or correctional facility, or with any other interested State or local institution a purpose of which is to confine individuals as described in section 402(x)(1)(A)(ii) of this title, under which— No person shall be considered an eligible individual or eligible spouse for purposes of this subchapter with respect to any month if during such month the person is— Notwithstanding subparagraph (A), the Commissioner shall, for good cause shown, treat the person referred to in subparagraph (A) as an eligible individual or eligible spouse if the Commissioner determines that— Notwithstanding subparagraph (A), the Commissioner may, for good cause shown based on mitigating circumstances, treat the person referred to in subparagraph (A) as an eligible individual or eligible spouse if the Commissioner determines that— Notwithstanding any other provision of law (other than section 6103 of the Internal Revenue Code of 1986 and section 1306(c) of this title), the Commissioner shall furnish any Federal, State, or local law enforcement officer, upon the written request of the officer, with the current address, Social Security number, and photograph (if applicable) of any recipient of benefits under this subchapter, if the officer furnishes the Commissioner with the name of the recipient, and other identifying information as reasonably required by the Commissioner to establish the unique identity of the recipient, and notifies the Commissioner that— For a period of not more than 1 year, the first sentence of paragraph (1) shall not apply to any individual who— demonstrates to the satisfaction of the Commissioner of Social Security that the absence of the individual from the United States will be— for the purpose of conducting studies as part of an educational program that is— In the case of any individual or any individual and his spouse (as the case may be) who— In determining eligibility for, and the amount of, benefits payable under this section in the case of any individual or any individual and his spouse (as the case may be) who— For application and review requirements affecting the eligibility of certain individuals, see section 1383(j) of this title.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 93-66(H.R. 7445)1973-07-09
    An Act to extend the Renegotiation Act of 1951 for one year, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 93-233(H.R. 11333)1973-12-31
    An Act to provide a 7-percent increase in social security benefits beginning with March 1974 and an additional 4-percent increase beginning with June 1974, to provide increases in supplemental security income benefits, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 93-368(H.R. 8217)1974-08-07
    An Act to exempt from duty certain equipment and repairs for vessels operated by or for any agency of the United States where the entries were made in connection with vessels arriving before January 5, 1971, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 94-566(H.R. 10210)1976-10-20
    Unemployment Compensation Amendments of 1976
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 96-265(H.R. 3236)1980-06-09
    Social Security Disability Amendments of 1980
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 97-35(H.R. 3982)1981-08-13
    Omnibus Budget Reconciliation Act of 1981
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 97-248(H.R. 4961)1982-09-03
    Tax Equity and Fiscal Responsibility Act of 1982
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-21(H.R. 1900)1983-04-20
    Social Security Amendments of 1983
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 98-369(H.R. 4170)1984-07-18
    Deficit Reduction Act of 1984
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-514(H.R. 3838)1986-10-22
    Tax Reform Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-643(H.R. 5595)1986-11-10
    Employment Opportunities for Disabled Americans Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-203(H.R. 3545)1987-12-22
    Omnibus Budget Reconciliation Act of 1987
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-360(H.R. 2470)1988-07-01
    Medicare Catastrophic Coverage Act of 1988
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-239(H.R. 3299)1989-12-19
    Omnibus Budget Reconciliation Act of 1989
    House: no recorded tallySenate: 87–7
  • Amended byPub. L. 103-66(H.R. 2264)1993-08-10
    Omnibus Budget Reconciliation Act of 1993
  • Amended byPub. L. 103-296(H.R. 4277)1994-08-15
    Social Security Independence and Program Improvements Act of 1994
    House: 431–0Senate: no recorded tally
  • Amended byPub. L. 104-121(H.R. 3136)1996-03-29
    Contract with America Advancement Act of 1996
    House: 328–91Senate: no recorded tally
  • Amended byPub. L. 104-193(H.R. 3734)1996-08-22
    Personal Responsibility and Work Opportunity Reconciliation Act of 1996
  • Amended byPub. L. 105-33(H.R. 2015)1997-08-05
    Balanced Budget Act of 1997
  • Amended byPub. L. 106-169(H.R. 3443)1999-12-14
    Foster Care Independence Act of 1999
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 106-170(H.R. 1180)1999-12-17
    Ticket to Work and Work Incentives Improvement Act of 1999
  • Amended byPub. L. 108-203(H.R. 743)2004-03-02
    Social Security Protection Act of 2004
    House: 396–28Senate: no recorded tally
  • Amended byPub. L. 113-67(H.J.Res. 59)2013-12-26
    Continuing Appropriations Resolution, 2014
  • Amended byPub. L. 115-123(H.R. 1892)2018-02-09
    Bipartisan Budget Act of 2018
    House: 240–186Senate: no recorded tally