42 U.S.C. § 1382b
Resources
United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective
Cite this
- Citation
- 42 U.S.C. § 1382b, Resources, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/477207
- Permanent ID
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Full text
In determining the resources of an individual (and his eligible spouse, if any) there shall be excluded—
for the 9-month period beginning after the month in which received—
any gift to, or for the benefit of, an individual who has not attained 18 years of age and who has a life-threatening condition, from an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code—
The number of months calculated under this clause shall be equal to—
In the case of a trust established by an individual or an individual’s spouse (within the meaning of subsection (e)), if from such portion of the trust, if any, that is considered a resource available to the individual pursuant to subsection (e)(3) (or would be so considered but for the application of subsection (e)(4)) or the residue of the portion on the termination of the trust—
An individual shall not be ineligible for benefits under this subchapter by reason of the application of this paragraph to a disposal of resources by the individual or the spouse of the individual, to the extent that—
the resources are a home and title to the home was transferred to—
the resources—
a satisfactory showing is made to the Commissioner of Social Security (in accordance with regulations promulgated by the Commissioner) that—
For purposes of this paragraph—
At the time an individual (and the individual’s eligible spouse, if any) applies for benefits under this subchapter, and at the time the eligibility of an individual (and such spouse, if any) for such benefits is redetermined, the Commissioner of Social Security shall—
This subsection shall apply to a trust without regard to—
For purposes of this subsection—
the term “asset” includes any income or resource of the individual (or of the individual’s spouse), including—
any other payment or property to which the individual (or of the individual’s spouse) is entitled but does not receive or have access to because of action by—
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.
- An Act to amend the Internal Revenue Code of 1954 to permit the authorization of means other than stamp on containers of distilled spirits as evidence of tax payment, to provide an extension of certain provisions relating to members of the Armed Forces missing in action, and for other purposes.House: no recorded tallySenate: no recorded tally
- An Act to extend certain Social Security Act provisions, and for other purposes.House: no recorded tallySenate: no recorded tally
- Parental Kidnapping Prevention Act of 1980House: no recorded tallySenate: no recorded tally
- Tax Equity and Fiscal Responsibility Act of 1982House: no recorded tallySenate: no recorded tally
- Deficit Reduction Act of 1984House: no recorded tallySenate: no recorded tally
- Omnibus Budget Reconciliation Act of 1987House: no recorded tallySenate: no recorded tally
- Medicare Catastrophic Coverage Act of 1988House: no recorded tallySenate: no recorded tally
- Technical and Miscellaneous Revenue Act of 1988House: no recorded tallySenate: no recorded tally
- Omnibus Budget Reconciliation Act of 1989House: no recorded tallySenate: 87–7
- Omnibus Budget Reconciliation Act of 1990
- Social Security Independence and Program Improvements Act of 1994House: 431–0Senate: no recorded tally
- Personal Responsibility and Work Opportunity Reconciliation Act of 1996
- Noncitizen Benefit Clarification and Other Technical Amendments Act of1998House: no recorded tallySenate: no recorded tally
- Foster Care Independence Act of 1999House: no recorded tallySenate: no recorded tally
- Social Security Protection Act of 2004House: 396–28Senate: no recorded tally
- Heroes Earnings Assistance and Relief Tax Act of 2008House: 403–0Senate: no recorded tally
- Improving Access to Clinical Trials Act of 2009House: no recorded tallySenate: no recorded tally
- Ensuring Access to Clinical Trials Act of 2015House: no recorded tallySenate: no recorded tally