Source
(Aug. 14, 1935, ch. 531, title XVI, § 1613, as added Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1470; amended Pub. L. 94–569, § 5, Oct. 20, 1976, 90 Stat. 2700; Pub. L. 95–171, § 9(a), Nov. 12, 1977, 91 Stat. 1355; Pub. L. 96–611, § 5(a), Dec. 28, 1980, 94 Stat. 3567; Pub. L. 97–248, title I, § 185(a), (b), Sept. 3, 1982, 96 Stat. 406; Pub. L. 98–369, div. B, title VI, §§ 2614,
2663
(g)(5), July 18, 1984, 98 Stat. 1132, 1168; Pub. L. 100–203, title IX, §§ 9103(a),
9104
(a),
9105
(a),
9114
(a), Dec. 22, 1987, 101 Stat. 1330–301, 1330–304; Pub. L. 100–360, title III, § 303(c)(1), July 1, 1988, 102 Stat. 762; Pub. L. 100–647, title VIII, § 8103(b), Nov. 10, 1988, 102 Stat. 3795; Pub. L. 101–239, title VIII, §§ 8013(b),
8014
(a), Dec. 19, 1989, 103 Stat. 2465; Pub. L. 101–508, title V, §§ 5031(b),
5035
(b), title XI, § 11115(b)(2), Nov. 5, 1990, 104 Stat. 1388–224, 1388–225, 1388–414; Pub. L. 103–296, title I, § 107(a)(4), title III, § 321(h)(2), Aug. 15, 1994, 108 Stat. 1478, 1544; Pub. L. 104–193, title II, § 213(b), Aug. 22, 1996, 110 Stat. 2195; Pub. L. 105–306, § 7(b), Oct. 28, 1998, 112 Stat. 2928; Pub. L. 106–169, title II, §§ 205(a),
206
(a), Dec. 14, 1999, 113 Stat. 1833, 1834; Pub. L. 108–203, title I, § 101(c)(2), title IV, §§ 431(a), (b),
435
(b), Mar. 2, 2004, 118 Stat. 496, 539, 540.)
References in Text
The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, referred to in subsec. (a)(10), is
Pub. L. 91–646, Jan. 2, 1971,
84 Stat. 1894, as amended. Title II of the Act enacted subchapter II (§ 4621 et seq.) of chapter
61 of this title, amended sections
1415,
2473, and
3307 of this title and section 1606 of former Title 49, Transportation, repealed sections
1465 and
3074 of this title, section
2680 of Title
10, Armed Forces, sections
501 to
512 of Title
23, Highways, sections
1231 to
1234 of Title
43, Public Lands, and enacted provisions set out as notes under sections
4601 and
4621 of this title and under sections
501 to
512 of Title
23. For complete classification of title II to the Code, see Tables.
The Internal Revenue Code of 1986, referred to in subsec. (a)(11), (13), is classified generally to Title 26, Internal Revenue Code.
Section 203 of the Economic Growth and Tax Relief Reconciliation Act of 2001, referred to in subsec. (a)(11)(A), is section 203 of
Pub. L. 107–16, which is set out as a note under section
24 of Title
26, Internal Revenue Code.
Section 212(b) of Public Law 93–66, referred to in subsec. (c)(1)(A)(iv)(II), (F)(i), is section 212(b) of
Pub. L. 93–66, title II, July 9, 1973,
87 Stat. 155, as amended, which is set out as a note under section
1382 of this title.
Section
1396p
(e)(3) of this title, referred to in subsec. (c)(1)(F)(ii), was redesignated section
1396p
(h)(3) of this title by
Pub. L. 109–171, title VI, §§ 6012(a),
6014
(a),
6015
(b), Feb. 8, 2006,
120 Stat. 62, 64, 65.
Amendments
2004—Subsec. (a)(7).
Pub. L. 108–203, § 431(a), substituted “limited to the first 9 months” for “limited to the first 6 months” and struck out “(or to the first 9 months following such month with respect to any amount so received during the period beginning October 1, 1987, and ending September 30, 1989)” after “month in which such amount is received”.
Subsec. (a)(11).
Pub. L. 108–203, § 431(b), amended par. (11) generally. Prior to amendment, par. (11) read as follows: “for the month of receipt and the following month, 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);”.
Subsec. (a)(14).
Pub. L. 108–203, § 101(c)(2), added par. (14).
Subsec. (a)(15).
Pub. L. 108–203, § 435(b), added par. (15).
1999—Subsec. (c).
Pub. L. 106–169, § 206(a)(1), struck out “Notification of medicaid policy restricting eligibility of institutionalized individuals for benefits based on” before “Disposal” in subsec. heading.
Subsec. (c)(1).
Pub. L. 106–169, § 206(a)(5), added par. (1). Former par. (1) redesignated (2)(A).
Subsec. (c)(2)(A).
Pub. L. 106–169, § 206(a)(4), redesignated par. (1) as (2)(A).
Subsec. (c)(2)(A)(i).
Pub. L. 106–169, § 206(a)(2)(A), (C), redesignated par. (1)(A) as (2)(A)(i), inserted “paragraph (1) and” after “provisions of”, and substituted “benefits under this subchapter and subchapter XIX of this chapter, respectively,” for “benefits under subchapter XIX of this chapter”, “clause (ii)” for “subparagraph (B)”, and “subparagraph (B)” for “paragraph (2)”.
Subsec. (c)(2)(A)(ii).
Pub. L. 106–169, § 206(a)(2)(B), (C), redesignated par. (1)(B) as (2)(A)(ii), struck out “by the State agency” after “which may be used”, and substituted “paragraph (1) or section
1396p
(c) of this title.” for “section
1396p
(c) of this title if such individual (or such spouse, if any) enters a medical institution or nursing facility.”
Subsec. (c)(2)(B).
Pub. L. 106–169, § 206(a)(3), redesignated par. (2) as (2)(B) and substituted “subparagraph (A)(ii)” for “paragraph (1)(B)”.
Subsec. (e).
Pub. L. 106–169, § 205(a), added subsec. (e).
1998—Subsec. (a)(13).
Pub. L. 105–306 added par. (13).
1996—Subsec. (a)(12).
Pub. L. 104–193 added par. (12).
1994—Subsec. (a)(2) to (4), (6).
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing.
Subsec. (a)(9) to (11).
Pub. L. 103–296, § 321(h)(2), struck out “and” at end of par. (9), substituted “; and” for period at end of par. (10) relating to relocation assistance, and redesignated par. (10) relating to refunds of Federal income taxes as (11).
Subsecs. (b) to (d).
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” wherever appearing and “the Commissioner shall” for “he shall” in subsec. (d)(3).
1990—Subsec. (a)(9).
Pub. L. 101–508, § 5031(b), added par. (9).
Subsec. (a)(10).
Pub. L. 101–508, § 11115(b)(2), added par. (10) relating to refunds of Federal income taxes.
Pub. L. 101–508, § 5053(b), added par. (10) relating to relocation assistance.
1989—Subsec. (a)(2)(B).
Pub. L. 101–239, § 8013(b), inserted “or agreement (including any interest accumulated thereon) representing the purchase of a burial space”.
Subsec. (a)(3).
Pub. L. 101–239, § 8014(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “other property which, as determined in accordance with and subject to limitations prescribed by the Secretary, is so essential to the means of self-support of such individual (and such spouse) as to warrant its exclusion;”.
1988—Subsec. (a)(8).
Pub. L. 100–647 added par. (8).
Subsec. (c).
Pub. L. 100–360 substituted “Notification of medicaid policy restricting eligibility of institutionalized individuals for benefits based on disposal of resources for less than fair market value” for “Disposal of resources for less than fair market value” in heading and amended text generally, substituting pars. (1) and (2) for former pars. (1) to (4).
1987—Subsec. (a)(7).
Pub. L. 100–203, § 9114(a), inserted “(or to the first 9 months following such month with respect to any amount so received during the period beginning October 1, 1987, and ending September 30, 1989)” after “such amount is received”.
Subsec. (b).
Pub. L. 100–203, § 9103, designated existing provisions as par. (1) and added par. (2).
Subsec. (c)(1).
Pub. L. 100–203, § 9104(a)(1), inserted “, and subject to paragraph (4) of this subsection” after “subsection (a) of this section”.
Subsec. (c)(4).
Pub. L. 100–203, § 9104(a)(2), added par. (4).
Subsec. (d)(1).
Pub. L. 100–203, § 9105(a)(1), struck out “if the inclusion of any portion of such amount or amounts would cause the resources of such individual, or of such individual and spouse, to exceed the limits specified in paragraph (1) or (2) (whichever may be applicable) of section
1382
(a) of this title” after “individual or spouse”.
Subsec. (d)(3).
Pub. L. 100–203, § 9105(a)(2), substituted “aside in cases where the inclusion of any portion of the amount would cause the resources of such individual, or of such individual and spouse, to exceed the limits specified in paragraph (1) or (2) (whichever may be applicable) of section
1382
(a) of this title” for “aside”.
1984—Subsec. (a)(7).
Pub. L. 98–369, § 2614, added par. (7).
Subsec. (c).
Pub. L. 98–369, § 2663(g)(5), amended heading.
1982—Subsec. (a)(2).
Pub. L. 97–248, § 185(a), redesignated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (d).
Pub. L. 97–248, § 185(b), added subsec. (d).
1980—Subsec. (c).
Pub. L. 96–611 added subsec. (c).
1977—Subsec. (a)(6).
Pub. L. 95–171 added par. (6).
1976—Subsec. (a)(1).
Pub. L. 94–569 struck out “, to the extent that its value does not exceed such amount as the Secretary determines to be reasonable” after “the home (including the land that appertains thereto)”.
Effective Date of 2004 Amendment
Amendment by section 101(c)(2) of
Pub. L. 108–203 applicable to any case of benefit misuse by a representative payee with respect to which the Commissioner of Social Security makes the determination of misuse on or after Jan. 1, 1995, see section 101(d) of
Pub. L. 108–203, set out as a note under section
405 of this title.
Pub. L. 108–203, title IV, § 431(c), Mar. 2, 2004,
118 Stat. 539, provided that: “The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Mar. 2, 2004], and shall apply to amounts described in paragraph (7) of section 1613(a) of the Social Security Act [subsec. (a)(7) of this section] and refunds of Federal income taxes described in paragraph (11) of such section, that are received by an eligible individual or eligible spouse on or after such date.”
Amendment by section 435(b) of
Pub. L. 108–203 applicable to benefits payable for months that begin more than 90 days after Mar. 2, 2004, see section 435(c) of
Pub. L. 108–203, set out as a note under section
1382a of this title.
Effective Date of 1999 Amendment
Amendment by section 205(a) of
Pub. L. 106–169 effective Jan. 1, 2000, and applicable to trusts established on or after such date, see section 205(d) of
Pub. L. 106–169, set out as a note under section
1382a of this title.
Pub. L. 106–169, title II, § 206(c), Dec. 14, 1999,
113 Stat. 1837, provided that: “The amendments made by this section [amending this section and section
1396a of this title] shall be effective with respect to disposals made on or after the date of the enactment of this Act [Dec. 14, 1999].”
Effective Date of 1998 Amendment
Amendment by
Pub. L. 105–306 applicable to gifts made on or after the date that is 2 years before Oct. 28, 1998, see section 7(c) of
Pub. L. 105–306, set out as a note under section
1382a of this title.
Effective Date of 1996 Amendment
Amendment by section 213(b) of
Pub. L. 104–193 applicable to payments made after Aug. 22, 1996, see section 213(d) of
Pub. L. 104–193, set out as a note under section
1382a of this title.
Effective Date of 1994 Amendment
Amendment by section 107(a)(4) of
Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of
Pub. L. 103–296, set out as a note under section
401 of this title.
Section 321(h)(3) of
Pub. L. 103–296 provided that: “The amendments made by this subsection [amending this section and section
1383 of this title] shall take effect on the date of the enactment of this Act [Aug. 15, 1994].”
Effective Date of 1990 Amendment
Amendment by section 5031(b) of
Pub. L. 101–508 applicable with respect to benefits for months beginning on or after the first day of the 6th calendar month following November 1990, see section 5031(d) of
Pub. L. 101–508, set out as a note under section
1382a of this title.
Amendment by section 5035(b) of
Pub. L. 101–508 applicable with respect to benefits for calendar months beginning on or after the first day of the 6th calendar month following November 1990, see section 5035(c) of
Pub. L. 101–508, as amended, set out as a note under section
1382a of this title.
Amendment by section 11115(b)(2) of
Pub. L. 101–508 applicable to determinations of income or resources made for any period after Dec. 31, 1990, see section 11115(e) of
Pub. L. 101–508, set out as a note under section
1382a of this title.
Effective Date of 1989 Amendment
Amendment by section 8013(b) of
Pub. L. 101–239 effective on 1st day of 4th month beginning after Dec. 19, 1989, see section 8013(c) of
Pub. L. 101–239, set out as a note under section
1382a of this title.
Section 8014(b) of
Pub. L. 101–239 provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the 1st day of the 5th calendar month beginning after the date of the enactment of this Act [Dec. 19, 1989].”
Effective Date of 1988 Amendments
Amendment by
Pub. L. 100–647 effective as though included in section 162 of Housing and Community Development Act of 1987,
Pub. L. 100–242, at the time of its enactment, on Feb. 5, 1988, see section 8103(c) of
Pub. L. 100–647, set out as a note under section
1382a of this title.
Amendment by
Pub. L. 100–360 applicable to transfers occurring on or after July 1, 1988, without regard to whether or not final regulations to carry out such amendment have been promulgated by such date, see section 303(g)(3) of
Pub. L. 100–360, set out as a note under section
1396r–5 of this title.
Effective Date of 1987 Amendment
Section 9103(b) of
Pub. L. 100–203 provided that: “The amendments made by subsection (a) [amending this section] shall become effective April 1, 1988.”
Section 9104(b) of
Pub. L. 100–203 provided that: “The amendments made by subsection (a) [amending this section] shall become effective April 1, 1988.”
Section 9105(b) of
Pub. L. 100–203 provided that: “The amendments made by subsection (a) [amending this section] shall become effective April 1, 1988.”
Section 9114(b) of
Pub. L. 100–203 provided that: “The amendment made by subsection (a) [amending this section] shall become effective January 1, 1988.”
Effective Date of 1984 Amendment
Amendment by section 2614 of
Pub. L. 98–369 effective Oct. 1, 1984, except as otherwise specifically provided, see section 2646 of
Pub. L. 98–369, set out as a note under section
657 of this title.
Amendment by section 2663(g)(5) of
Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of
Pub. L. 98–369, set out as a note under section
401 of this title.
Effective Date of 1982 Amendment
Section 185(c) of
Pub. L. 97–248 provided that: “The amendment made by this section [amending this section] shall take effect on the first day of the second month after the month in which this Act is enacted [September 1982].”
Effective Date of 1980 Amendment
Section 5(c) of
Pub. L. 96–611 provided that: “The amendment made by subsection (a) [amending this section] shall be effective with respect to applications for benefits under title XVI of the Social Security Act [this subchapter] filed on or after the first day of the first month which begins at least 60 days after the date of enactment of this Act [Dec. 28, 1980].”
Effective Date of 1977 Amendment
Section 9(b) of
Pub. L. 95–171 provided that: “The amendment made by this section [amending this section] shall be effective July 1, 1976, with respect to catastrophes which occurred on or after June 1, 1976, and before December 31, 1976. With respect to catastrophes which occurred on or after December 1, 1976, the amendment made by this section shall be effective the first day of the calendar quarter following enactment of this Act [Nov. 12, 1977].”
Effective Date
Section 301 of
Pub. L. 92–603 provided that this section is effective Jan. 1, 1974.
Application to Northern Mariana Islands
For applicability of this section to the 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, Oct. 24, 1977,
42 F.R.
6593, set out as notes under section
1801 of Title
48, Territories and Insular Possessions.
Puerto Rico, Guam, and Virgin Islands
Enactment of provisions of
Pub. L. 92–603, eff. Jan. 1, 1974, not applicable to Puerto Rico, Guam, and the Virgin Islands, see section 303(b) of
Pub. L. 92–603, set out as a note under section
301 of this title.