42 U.S.C. § 1320a–6 — Adjustments in SSI benefits on account of retroactive benefits under subchapter II
submitted 91 years ago by Pub. L. 96-265 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 397 words · no verdicts yet
When delayed Social Security benefits overlap with Supplemental Security Income eligibility, unpaid benefits may be reduced to account for SSI that would not have been paid if Social Security had arrived on time. The Commissioner reimburses the State for certain excess supplementary payments and sends the rest to the Treasury’s general fund.
(a) Benefit reduction. Despite other provisions of this chapter, if a person* is entitled to subchapter II benefits that were not paid in the months when regularly due, and the person or an eligible spouse was eligible for Supplemental Security Income for one or more of those months, unpaid subchapter II or SSI benefits due for those months must be reduced by the amount of SSI—whether or not paid retroactively—that would not have been paid if the person had received the subchapter II benefits when due. A subchapter II benefit may not be reduced to the extent that the amount would otherwise be unavailable to pay in full the maximum attorney fee recoverable from it under section 406(a)(4) or (b).
(b) “Supplemental security income benefits.” The term means benefits paid or payable by the Social Security Commissioner under subchapter XVI, including State* supplementary payments under an agreement under section 1382e(a) or an administration* agreement under section 212(b) of Public Law 93–66.
(c) State reimbursement. From the reduction under subsection (a), the Commissioner must reimburse the State for which supplementary payments were made for the amount by which the State’s spending on those payments for the months exceeded what the State would have spent if the subchapter II benefits had arrived when due. The part remaining after that reimbursement must go into the Treasury’s general fund.
Notwithstanding any other provision of this chapter, in any case where an individual—
is entitled to benefits under subchapter II that were not paid in the months in which they were regularly due; and
is an individual or eligible spouse eligible for supplemental security income benefits for one or more months in which the benefits referred to in clause (1) were regularly due,
then any benefits under subchapter II that were regularly due in such month or months, or supplemental security income benefits for such month or months, which are due but have not been paid to such individual or eligible spouse shall be reduced by an amount equal to so much of the supplemental security income benefits, whether or not paid retroactively, as would not have been paid or would not be paid with respect to such individual or spouse if he had received such benefits under subchapter II in the month or months in which they were regularly due. A benefit under subchapter II shall not be reduced pursuant to the preceding sentence to the extent that any amount of such benefit would not otherwise be available for payment in full of the maximum fee which may be recovered from such benefit by an attorney pursuant to subsection (a)(4) or (b) of section 406 of this title.
For purposes of this section, the term “supplemental security income benefits” means benefits paid or payable by the Commissioner of Social Security under subchapter XVI, including State* supplementary payments under an agreement pursuant to section 1382e(a) of this title or an administration* agreement under section 212(b) of Public Law 93–66.
From the amount of the reduction made under subsection (a), the Commissioner of Social Security shall reimburse the State on behalf of which supplementary payments were made for the amount (if any) by which such State’s expenditures on account of such supplementary payments for the month or months involved exceeded the expenditures which the State would have made (for such month or months) if the individual had received the benefits under subchapter II at the times they were regularly due. An amount equal to the portion of such reduction remaining after reimbursement of the State under the preceding sentence shall be covered into the general fund of the Treasury.
Source credit: (Aug. 14, 1935, ch. 531, title XI, § 1127, as added Pub. L. 96–265, title V, § 501(a), June 9, 1980, 94 Stat. 469; amended Pub. L. 98–369, div. B, title VI, § 2615(a), July 18, 1984, 98 Stat. 1132; Pub. L. 101–508, title V, § 5106(b), Nov. 5, 1990, 104 Stat. 1388–268; Pub. L. 103–296, title I, § 108(b)(8), title III, § 321(f)(3)(B)(ii), Aug. 15, 1994, 108 Stat. 1483, 1542.)
- 1935Enacted · Pub. L. 96-265 · 94 Stat. 469
- 1984Amended · Pub. L. 98-369 · 98 Stat. 1132
- 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
- 1994Amended · Pub. L. 103-296 · 108 Stat. 1483, 1542
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-265 on 1935-08-14.
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