Source
(Aug. 14, 1935, ch. 531, title XVI, § 1612, as added Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1468; amended Pub. L. 93–484, § 4, Oct. 26, 1974, 88 Stat. 1460; Pub. L. 94–202, § 9, Jan. 2, 1976, 89 Stat. 1140; Pub. L. 94–331, §§ 2(a),
4
(a), June 30, 1976, 90 Stat. 781, 782; Pub. L. 94–455, title XXI, § 2125, Oct. 4, 1976, 90 Stat. 1920; Pub. L. 94–566, title V, § 505(b), Oct. 20, 1976, 90 Stat. 2686; Pub. L. 95–171, § 8(a), Nov. 12, 1977, 91 Stat. 1355; Pub. L. 96–222, title I, § 101(a)(2)(B), Apr. 1, 1980, 94 Stat. 195; Pub. L. 96–265, title II, § 202(a), title III, § 302(b), June 9, 1980, 94 Stat. 449, 451; Pub. L. 96–473, § 6(g), Oct. 19, 1980, 94 Stat. 2266; Pub. L. 97–35, title XXIII, § 2341(b), Aug. 13, 1981, 95 Stat. 865; Pub. L. 97–424, title V, § 545(a), Jan. 6, 1983, 96 Stat. 2198; Pub. L. 98–21, title IV, § 404(a), Apr. 20, 1983, 97 Stat. 140; Pub. L. 98–369, div. B, title VI, §§ 2616(a),
2639
(b), (c),
2663
(g)(3), (4), July 18, 1984, 98 Stat. 1133, 1144, 1145, 1168; Pub. L. 99–514, § 2, title XVIII, § 1883(d)(2), (3), Oct. 22, 1986, 100 Stat. 2095, 2918; Pub. L. 100–203, title IX, § 9120(a), Dec. 22, 1987, 101 Stat. 1330–309; Pub. L. 100–647, title VIII, § 8103(a), Nov. 10, 1988, 102 Stat. 3795; Pub. L. 100–707, title I, § 109(p), Nov. 23, 1988, 102 Stat. 4709; Pub. L. 101–239, title VIII, §§ 8011(a),
8013
(a), Dec. 19, 1989, 103 Stat. 2464; Pub. L. 101–508, title V, §§ 5031(a),
5033
(a),
5034
(a),
5035
(a), title XI, § 11115(b)(1), Nov. 5, 1990, 104 Stat. 1388–224, 1388–225, 1388–414; Pub. L. 103–66, title XIII, § 13733(b), Aug. 10, 1993, 107 Stat. 662; Pub. L. 103–296, title I, § 107(a)(4), Aug. 15, 1994, 108 Stat. 1478; Pub. L. 103–432, title II, §§ 264(a),
267
(a), Oct. 31, 1994, 108 Stat. 4467, 4469; Pub. L. 104–193, title II, § 213(c), Aug. 22, 1996, 110 Stat. 2195; Pub. L. 105–306, § 7(a), Oct. 28, 1998, 112 Stat. 2928; Pub. L. 106–169, title II, § 205(b), Dec. 14, 1999, 113 Stat. 1834; Pub. L. 106–554, § 1(a)(1) [title V, § 519], Dec. 21, 2000, 114 Stat. 2763, 2763A–74; Pub. L. 108–203, title IV, §§ 430(a), (b),
432
(a),
435
(a), Mar. 2, 2004, 118 Stat. 538–540.)
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, May 22, 1974,
88 Stat. 143, as amended, known as the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which is classified principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section
5121 of this title and Tables.
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, Oct. 30, 1972,
86 Stat. 1465, eff. Jan. 1, 1974. The prior section (which is set out as a note under section
1382 of this title) continues in effect for Puerto Rico, Guam, and the Virgin Islands.
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), Aug. 22, 1974,
88 Stat. 653, and amended, which is classified generally to chapter 8 (§ 1437 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section
1437 of this title and Tables.
The National Housing Act, referred to in subsec. (b)(14), is act June 27, 1934, ch. 847,
48 Stat. 1246, as amended, 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, Aug. 10, 1965,
79 Stat. 451, as amended, which enacted section
1701s of Title
12 and amended sections
1451 and
1465 of this title.
The Housing Act of 1949, referred to in subsec. (b)(14), is act July 15, 1949, ch. 338,
63 Stat. 413, as amended. 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 Acquisitions Policies Act of 1970, referred to in subsec. (b)(18), 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.
Amendments
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 July 1, 1973, if such payments are made by the State of which the individual receiving such payments is a resident, and if eligibility of any individual for such payments is not based on need and is based solely on attainment of age 65 and duration of residence in such State by such individual;”.
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 2004 Amendment
Pub. L. 108–203, title IV, § 430(c), Mar. 2, 2004,
118 Stat. 538, provided that: “The amendments made by this section [amending this section] shall be effective with respect to benefits payable for months in calendar quarters that begin more than 90 days after the date of the enactment of this Act [Mar. 2, 2004].”
Pub. L. 108–203, title IV, § 432(b), Mar. 2, 2004,
118 Stat. 539, provided that: “The amendment made by this section [amending this section] shall be effective with respect to benefits payable for months that begin on or after 1 year after the date of enactment of this Act [Mar. 2, 2004].”
Pub. L. 108–203, title IV, § 435(c), Mar. 2, 2004,
118 Stat. 540, provided that: “The amendments made by this section [amending this section and section
1382b of this title] shall apply to benefits payable for months that begin more than 90 days after the date of enactment of this Act [Mar. 2, 2004].”
Effective Date of 1999 Amendment
Pub. L. 106–169, title II, § 205(d), Dec. 14, 1999,
113 Stat. 1834, provided that: “The amendments made by this section [amending this section and sections
1382b and
1396a of this title] shall take effect on January 1, 2000, and shall apply to trusts established on or after such date.”
Effective Date of 1998 Amendment
Pub. L. 105–306, § 7(c), Oct. 28, 1998,
112 Stat. 2928, provided that: “The amendments made by this section [amending this section and section
1382b of this title] shall apply to gifts made on or after the date that is 2 years before the date of the enactment of this Act [Oct. 28, 1998].”
Effective Date of 1996 Amendment
Section 213(d) of
Pub. L. 104–193 provided that: “The amendments made by this section [amending this section and sections
1382b and
1383 of this title] shall apply to payments made after the date of the enactment of this Act [Aug. 22, 1996].”
Effective Date of 1994 Amendments
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 Mar. 31, 1995, see section 110(a) of
Pub. L. 103–296, set out as a note under section
401 of this title.
Effective Date of 1993 Amendment
Section 13733(c) of
Pub. L. 103–66 provided that: “The amendments made by this section [amending this section and section
1382c of this title] shall take effect on the 1st day of the 2nd month that begins after the date of the enactment of this Act [Aug. 10, 1993].”
Effective Date of 1990 Amendment
Section 5031(d) of
Pub. L. 101–508 provided that: “The amendments made by this section [amending this section and sections
1382b and
1383 of this title] shall apply with respect to benefits for months beginning on or after the first day of the 6th calendar month following the month in which this Act is enacted [November 1990].”
Section 5033(b) of
Pub. L. 101–508 provided that: “The amendment made by subsection (a) [amending this section] shall apply to benefits payable for calendar months beginning after the date of the enactment of this Act [Nov. 5, 1990].”
Section 5034(b) of
Pub. L. 101–508 provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to benefits for months beginning on or after the first day of the 13th calendar month following the month in which this Act is enacted [November 1990].”
Section 5035(c) of
Pub. L. 101–508, as amended by
Pub. L. 103–66, title XIII, § 13732, Aug. 10, 1993,
107 Stat. 662, provided that: “The amendments made by this section [amending this section and section
1382b of this title] shall apply with respect to benefits for calendar months beginning on or after the first day of the 6th calendar month following the month in which this Act is enacted [November 1990].”
Section 11115(e) of
Pub. L. 101–508 provided that: “The amendments made by subsections (a) though [sic] (c) [amending this section and sections
602 and
1382b of this title] shall apply to determinations of income or resources made for any period after December 31, 1990.”
Effective Date of 1989 Amendment
Section 8011(b) of
Pub. L. 101–239 provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the 1st day of the 3rd calendar month beginning after the date of the enactment of this Act [Dec. 19, 1989].”
Section 8013(c) of
Pub. L. 101–239 provided that: “The amendments made by subsections (a) and (b) [amending this section and section
1382b of this title] shall take effect on the 1st day of the 4th month beginning after the date of the enactment of this Act [Dec. 19, 1989].”
Effective Date of 1988 Amendment
Section 8103(c) of
Pub. L. 100–647 provided that: “The amendments made by this section [amending this section and section
1382b of this title] shall be effective as though they had been included in section 162 of the Housing and Community Development Act of 1987 [
Pub. L. 100–242, see Effective Date of 1988 Amendment note set out under
12 U.S.C.
1701q] at the time of its enactment [Feb. 5, 1988].”
Effective Date of 1987 Amendment
Section 9120(b) of
Pub. L. 100–203 provided that: “The amendments made by subsection (a) [amending this section] shall become effective April 1, 1988.”
Effective Date of 1984 Amendment
Section 2616(b) of
Pub. L. 98–369 provided that: “The amendment made by subsection (a) [amending this section] shall become effective on the date of the enactment of this Act [July 18, 1984].”
Section 2639(d) of
Pub. L. 98–369, as amended by
Pub. L. 100–203, title IX, § 9101, Dec. 22, 1987,
101 Stat. 1330–299, provided that: “The amendments made by this section [amending this section and section
602 of this title and repealing section
545
(a)–(c) of
Pub. L. 97–424 and section 404 of
Pub. L. 98–21, which had previously amended this section and section
602 of this title and had provided effective dates for those prior amendments] shall be effective with respect to months which begin after September 30, 1984.”
[Section 9101 of
Pub. L. 100–203 provided that the amendment made by that section to section 2639(d) of
Pub. L. 98–369, set out as a note above, is effective as of Oct. 1, 1987.]
Amendment by section 2663(g)(3), (4) 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 and Termination Dates of 1983 Amendments
Section 545(c) of
Pub. L. 97–424 and section 404(c) of
Pub. L. 98–21, which had provided for the effective and termination dates covering the enactment and subsequent amendment of subsec. (b)(13) of this section by section 545(a) of
Pub. L. 97–424 and section 404(a) of
Pub. L. 98–21, were repealed by section 2639(c), (d) of
Pub. L. 98–369, effective with respect to months beginning after Sept. 30, 1984.
Effective Date of 1981 Amendment
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.
Effective Date of 1980 Amendments
Section 202(b) of
Pub. L. 96–265 provided that: “The amendments made by subsection (a) [amending this section] shall apply only with respect to remuneration received in months after September 1980.”
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 June 9, 1980, see section 302(c) of
Pub. L. 96–265, set out as a note under section
423 of this title.
Section 101(b)(1)(B) of
Pub. L. 96–222 provided that: “The amendments made by subparagraphs (A) and (B) of subsection (a)(2) [amending this section and section
602 of this title] shall apply to payments for months beginning after December 31, 1979.”
Effective Date of 1977 Amendment
Section 8(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 31, 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 of 1976 Amendments
Amendment by
Pub. L. 94–566 effective Oct. 1, 1976, see section 505(e) of
Pub. L. 94–566, set out as a note under section
1382 of this title.
Section 2(b) of
Pub. L. 94–331, as amended by
Pub. L. 95–171, § 6(a), Nov. 12, 1977,
91 Stat. 1355, effective the first day of calendar quarter following Nov. 12, 1977, provided that: “The amendments made by this Act [amending this section and sections
815,
3402,
6153, and
6154 of Title
26, Internal Revenue Code, and enacting provisions set out as notes under sections
815 and
3402 of Title
26] shall be applicable only in the case of catastrophes which occur on or after June 1, 1976.”
Section 4(b) of
Pub. L. 94–331, as amended by
Pub. L. 95–171, § 7(a), Nov. 12, 1977,
91 Stat. 1355, effective the first day of calendar quarter following Nov. 12, 1977, provided that: “The amendments made by this Act [see section 2(b) of
Pub. L. 94–331, set out above] shall be applicable only in the case of catastrophes which occur on or after June 1, 1976.”
Effective Date of 1974 Amendment
Section 4 of
Pub. L. 93–484 provided that the amendment made by that section is effective Jan. 1, 1974.
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 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.