 |
United States Code (Last Updated: May 24, 2014) |
 |
Title 42. THE PUBLIC HEALTH AND WELFARE |
|
Chapter 7. SOCIAL SECURITY |
|
SubChapter XVI. SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND DISABLED |
|
Part A. Determination of Benefits |
§ 1382a. Income; earned and unearned income defined; exclusions from income
-
(a) For purposes of this subchapter, income means both earned income and unearned income; and— (1) earned income means only— (A) wages as determined under section 403(f)(5)(C) of this title but without the application of section 410(j)(3) of this title (and, in the case of cash remuneration paid for service as a member of a uniformed service (other than payments described in paragraph (2)(H) of this subsection or subsection (b)(20)), without regard to the limitations contained in section 409(d) of this title); (B) net earnings from self-employment, as defined in section 411 of this title (without the application of the second and third sentences following subsection (a)(11), Policies Act of 1970 which is subject to the treatment required by section 216 of such Act [42 U.S.C. 4636]; (19) any refund of Federal income taxes made to such individual (or such spouse) by reason of section 32 of the Internal Revenue Code of 1986 (relating to earned income tax credit), and any payment made to such individual (or such spouse) by an employer under section 3507 of such Code (relating to advance payment of earned income credit); (20) special pay received pursuant to section 310 of title 37; (21) the interest or other earnings on any account established and maintained in accordance with section 1383(a)(2)(F) of this title; (22) 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— (A) in the case of an in-kind gift, if the gift is not converted to cash; or (B) in the case of a cash gift, only to the extent that the total amount excluded from the income of the individual pursuant to this paragraph in the calendar year in which the gift is made does not exceed $2,000; (23) interest or dividend income from resources— (A) not excluded under section 1382b(a) of this title, or (B) excluded pursuant to Federal law other than section 1382b(a) of this title; (24) any annuity paid by a State to the individual (or such spouse) on the basis of the individual’s being a veteran (as defined in section 101 of title 38), and blind, disabled, or aged; (25) any benefit (whether cash or in-kind) conferred upon (or paid on behalf of) a participant in an AmeriCorps position approved by the Corporation for National and Community Service under section 12573 of this title; and (26) the first $2,000 received during a calendar year by such individual (or such spouse) as compensation for participation in a clinical trial involving research and testing of treatments for a rare disease or condition (as defined in section 360ee(b)(2) of title 21), but only if the clinical trial— (A) has been reviewed and approved by an institutional review board that is established— (i) to protect the rights and welfare of human subjects participating in scientific research; and (ii) in accord with the requirements under part 46 of title 45, Code of Federal Regulations; and (B) meets the standards for protection of human subjects as provided under part 46 of title 45, Code of Federal Regulations.
Amendments
For repeal of amendment by section 3(e) of Pub. L. 111–255, see Effective and Termination Dates of 2010 Amendment note below.
References In Text
The Internal Revenue Code of 1986, referred to in subsec. (b)(19), (22), is classified generally to Title 26, Internal Revenue Code.
The Disaster Relief and Emergency Assistance Act, referred to in subsecs. (a)(2)(A) and (b)(11), is Pub. L. 93–288,
Section 1382 of this title, referred to in subsec. (b)(4)(A), (B), is a reference to section 1382 of this title as it existed prior to the general revision of this subchapter by Pub. L. 92–603, title III, § 301,
The United States Housing Act of 1937, referred to in subsec. (b)(14), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a),
The National Housing Act, referred to in subsec. (b)(14), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to chapter 13 (§ 1701 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.
Section 101 of the Housing and Urban Development Act of 1965, referred to in subsec. (b)(14), is section 101 of Pub. L. 89–117, title I,
The Housing Act of 1949, referred to in subsec. (b)(14), is act July 15, 1949, ch. 338, 63 Stat. 413. Title V of the Housing Act of 1949 is classified generally to subchapter III (§ 1471 et seq.) of chapter 8A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (b)(18), is Pub. L. 91–646,
Amendments
2010—Subsec. (b)(26). Pub. L. 111–255, § 3(a), (e), temporarily added par. (26). See Effective and Termination Dates of 2010 Amendment note below.
2008—Subsec. (a)(1)(A). Pub. L. 110–245, § 201(a), inserted “(and, in the case of cash remuneration paid for service as a member of a uniformed service (other than payments described in paragraph (2)(H) of this subsection or subsection (b)(20)), without regard to the limitations contained in section 409(d) of this title)” before semicolon.
Subsec. (a)(2)(H). Pub. L. 110–245, § 201(b), added subsec. (H).
Subsec. (b)(24). Pub. L. 110–245, § 202(a), added par. (24).
Subsec. (b)(25). Pub. L. 110–245, § 203, added par. (25).
2004—Subsec. (b)(1). Pub. L. 108–203, § 432(a), substituted “under the age of 22 and” for “a child who”.
Subsec. (b)(3). Pub. L. 108–203, § 430(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “(A) the total unearned income of such individual (and such spouse, if any) in a month which, as determined in accordance with criteria prescribed by the Commissioner of Social Security, is received too infrequently or irregularly to be included, if such income so received does not exceed $20 in such month, and (B) the total earned income of such individual (and such spouse, if any) in a month which, as determined in accordance with such criteria, is received too infrequently or irregularly to be included, if such income so received does not exceed $10 in such month;”.
Subsec. (b)(7). Pub. L. 108–203, § 435(a), substituted “fellowship, or gift (or portion of a gift) used to pay” for “or fellowship received for use in paying”.
Subsec. (b)(23). Pub. L. 108–203, § 430(b), added par. (23).
2000—Subsec. (a)(1)(A). Pub. L. 106–554, § 1(a)(1) [title V, § 519(1)], inserted “but without the application of section 410(j)(3) of this title” before semicolon.
Subsec. (a)(1)(B). Pub. L. 106–554, § 1(a)(1) [title V, § 519(2)], substituted “the last” for “and the last” and inserted “, and section 410(j)(3) of this title” after “subsection (a)”.
1999—Subsec. (a)(2)(G). Pub. L. 106–169 added subpar. (G).
1998—Subsec. (b)(22). Pub. L. 105–306 added par. (22).
1996—Subsec. (b)(21). Pub. L. 104–193 added par. (21).
1994—Subsec. (a)(1)(C) to (E). Pub. L. 103–432, § 267(a), redesignated subpars. (D) and (E) as (C) and (D), respectively, and struck out former subpar. (C) which read as follows: “any refund of Federal income taxes made by reason of section 32 of the Internal Revenue Code of 1986 (relating to earned income credit) and any payment made by an employer under section 3507 of such Code (relating to advance payment of earned income credit);”.
Subsec. (b)(1), (3)(A), (4)(A), (B), (12), (13). Pub. L. 103–296 substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
Subsec. (b)(17). Pub. L. 103–432, § 264(a), made technical correction to directory language of Pub. L. 101–508, § 5035(a)(2). See 1990 Amendment note below.
1993—Subsec. (b)(20). Pub. L. 103–66 added par. (20).
1990—Subsec. (a)(1)(E). Pub. L. 101–508, § 5034(a)(1), added subpar. (E).
Subsec. (a)(2)(F). Pub. L. 101–508, § 5034(a)(2), inserted “not described in paragraph (1)(E)” after “royalties”.
Subsec. (b)(4)(B)(ii). Pub. L. 101–508, § 5033(a), struck out “(for purposes of determining the amount of his or her benefits under this subchapter and of determining his or her eligibility for such benefits for consecutive months of eligibility after the initial month of such eligibility)” after “income of such individual”.
Subsec. (b)(16). Pub. L. 101–508, § 5035(a)(1), struck out “and” at end.
Subsec. (b)(17). Pub. L. 101–508, § 5035(a)(2), as amended by Pub. L. 103–432, § 264(a), substituted “; and” for period at end.
Pub. L. 101–508, § 5031(a), added par. (17).
Subsec. (b)(18). Pub. L. 101–508, § 5035(a)(3), added par. (18).
Subsec. (b)(19). Pub. L. 101–508, § 11115(b)(1)(C), added par. (19).
1989—Subsec. (b)(15). Pub. L. 101–239, § 8011(a), added par. (15).
Subsec. (b)(16). Pub. L. 101–239, § 8013(a), added par. (16).
1988—Subsecs. (a)(2)(A), (b)(11). Pub. L. 100–707 substituted “Disaster Relief and Emergency Assistance Act” for “Disaster Relief Act of 1974”.
Subsec. (b)(14). Pub. L. 100–647 added par. (14).
1987—Subsec. (a)(2)(D), (E). Pub. L. 100–203 amended subpars. (D) and (E) generally. Prior to amendment, subpars. (D) and (E) read as follows:
“(D) the proceeds of any life insurance policy to the extent that they exceed the amount expended by the beneficiary for purposes of the insured individual’s last illness and burial or $1,500, whichever is less;
“(E) gifts (cash or otherwise), support and alimony payments, and inheritances; and”.
1986—Subsec. (a)(1)(C). Pub. L. 99–514, § 1883(d)(2), substituted “section 32” for “section 43”.
Pub. L. 99–514, § 2, substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Subsec. (b)(2). Pub. L. 99–514, § 1883(d)(3)(A), (B), substituted “, and” for a semicolon in subpar. (A) and a semicolon for a period in subpar. (B).
Subsec. (b)(11) to (13). Pub. L. 99–514, § 1883(d)(3)(C), provided for technical corrections relating to concluding punctuation in pars. (11) to (13).
1984—Subsec. (b)(2)(B). Pub. L. 98–369, § 2663(g)(3), realigned margin of subpar. (B).
Pub. L. 98–369, § 2616(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “monthly (or other periodic) payments received by any individual, under a program established prior to
Subsec. (b)(9). Pub. L. 98–369, § 2663(g)(4), inserted a comma after “child”.
Subsec. (b)(13). Pub. L. 98–369, § 2639(b), temporarily amended par. (13) generally, redesignating former cls. (i) and (ii) as (A) and (B), respectively. See Effective and Termination Dates of 1984 Amendment note below.
1983—Subsec. (b)(13). Pub. L. 98–21 temporarily substituted “any support or maintenance assistance furnished to or on behalf of such individual (and spouse if any) which (as determined under regulations of the Secretary by such State agency as the chief executive officer of the State may designate) is based on need for such support or maintenance, including assistance received to assist in meeting the costs of home energy (including both heating and cooling), and which” for “any assistance received to assist in meeting the costs of home energy, including both heating and cooling, which (as determined under regulations of the Secretary by such State agency as the chief executive officer of the State may designate) (A) is based on need for such assistance, and (B)”. See Effective and Termination Dates of 1983 Amendments note below.
Pub. L. 97–424 temporarily added par. (13). See Effective and Termination Dates of 1983 Amendments note below.
1981—Subsec. (b)(3). Pub. L. 97–35 substituted “month” for “calendar quarter” wherever appearing, “such month” for “such quarter” wherever appearing, “$20” for “$60”, and “$10” for “$30”.
1980—Subsec. (a)(1). Pub. L. 96–473, § 6(g)(1), (2), in subpar. (B) substituted “(a)(11)” for “(a)(10)”, and redesignated subpar. (C), as added by Pub. L. 96–265, § 202(a)(2), as (D).
Pub. L. 96–265, § 202(a)(2), added subpar. (C) which was subsequently redesignated (D) by Pub. L. 96–473, § 6(g)(2).
Pub. L. 96–222, § 101(a)(2)(B)(ii), added subpar. (C).
Subsec. (b)(2)(B). Pub. L. 96–473, § 6(g)(3), substituted “monthly” for “Monthly” and substituted a semicolon for the period at end of subpar. (B).
Subsec. (b)(4)(B). Pub. L. 96–265, § 302(b), inserted provisions relating to extraordinary work expenses due to severe disability.
1977—Subsec. (b)(12). Pub. L. 95–171 added par. (12).
1976—Subsec. (a)(2)(A)(iii). Pub. L. 94–455 substituted “seventeenth month” for “fifth month”.
Pub. L. 94–331, § 4(a)(2), added cl. (iii).
Subsec. (b)(2). Pub. L. 94–202 designated existing provisions as par. (A) and added par. (B).
Subsec. (b)(6). Pub. L. 94–566 substituted “assistance, furnished to or on behalf of such individual (and spouse), which” for “assistance described in section 1382e(a) of this title which”.
Subsec. (b)(11). Pub. L. 94–331, § 2(a)(3), added par. (11).
1974—Subsec. (a)(2)(A). Pub. L. 93–484 designated existing provisions as cl. (i) and added cl. (ii).
Effective Date Of Amendment
Pub. L. 111–255, § 3(d),
[Section 3(d) of Pub. L. 111–255, set out above, repealed 5 years after
Pub. L. 111–255, § 3(e),
Pub. L. 110–245, title II, § 204,
Pub. L. 108–203, title IV, § 430(c),
Pub. L. 108–203, title IV, § 432(b),
Pub. L. 108–203, title IV, § 435(c),
Pub. L. 106–169, title II, § 205(d),
Pub. L. 105–306, § 7(c),
Pub. L. 104–193, title II, § 213(d),
Amendment by section 264(a) of Pub. L. 103–432 effective as if included in the provision of Pub. L. 101–508 to which the amendment relates at the time such provision became law, see section 264(h) of Pub. L. 103–432, set out as a note under section 1320b–9 of this title.
Amendment by Pub. L. 103–296 effective
Pub. L. 103–66, title XIII, § 13733(c),
Pub. L. 101–508, title V, § 5031(d),
Pub. L. 101–508, title V, § 5033(b),
Pub. L. 101–508, title V, § 5034(b),
Pub. L. 101–508, title V, § 5035(c),
Pub. L. 101–508, title XI, § 11115(e),
Pub. L. 101–239, title VIII, § 8011(b),
Pub. L. 101–239, title VIII, § 8013(c),
Pub. L. 100–647, title VIII, § 8103(c),
Pub. L. 100–203, title IX, § 9120(b),
Pub. L. 98–369, div. B, title VI, § 2616(b),
Pub. L. 98–369, div. B, title VI, § 2639(d),
[Pub. L. 100–203, title IX, § 9101,
Amendment by section 2663(g)(3), (4) of Pub. L. 98–369 effective
Pub. L. 97–424, title V, § 545(c),
Amendment by Pub. L. 97–35 effective with respect to months after first calendar quarter which ends more than five months after August 1981, with provision for transitional payments, see section 2341(c) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment and Transitional Provisions note under section 1382 of this title.
Pub. L. 96–265, title II, § 202(b),
Amendment by section 302(b) of Pub. L. 96–265 applicable with respect to expenses incurred on or after first day of sixth month which begins after
Pub. L. 96–222, title I, § 101(b)(1)(B),
Pub. L. 95–171, § 8(b),
Amendment by Pub. L. 94–566 effective
Pub. L. 94–331, § 2(b),
Pub. L. 94–331, § 4(b),
Pub. L. 93–484, § 4,
Effective Date
Pub. L. 92–603, title III, § 301,
Miscellaneous
Pub. L. 111–255, § 2,
[Section 2 of Pub. L. 111–255, set out above, repealed 5 years after
For applicability of this section to Northern Mariana Islands, see section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America and Proc. No. 4534,
Enactment of provisions of Pub. L. 92–603, eff.