Page:United States Statutes at Large Volume 100 Part 5.djvu/102

 100 STAT. 3576

Blind persons. State and local governments. 42 USC 1396. Post, p. 3577.

42 USC 1382a.

PUBLIC LAW 99-643—NOV. 10, 1986

(4) by striking out the matter preceding subparagraph (A) (as redesignated by paragraph (3)) and inserting in lieu thereof the following: "(b)(1) For purposes of title XIX, any individual under age 65 who was determined to be a blind or disabled individual eligible to receive a benefit under section 1611 or any federally administered State supplementary payment for a month and who in a subsequent montii is ineligible for benefits under this title (and for any federally administered State supplementary payments) because of his or her income shall, nevertheless, be considered to be receiving supplemental security income benefits for such subsequent month provided that the Secretary determines under regulations that—", and (5) by adding at the end thereof (after and below subparagraph (D), as so redesignated) the following new paragraphs: "(2)(A) Determinations made under paragraph (1)(D) shall be based on information and data updated no less frequently than annually. "(B) In determining an individual's earnings for purposes of paragraph (1)(D), there shall be excluded from such earnings an amount equal to the sum of any amounts which are or would be excluded under clauses (ii) and (iv) of section 1612(b)(4)(B) (or under clauses (ii) and (iii) of section 1612(b)(4)(A)) in determining his or her income.". (c) REVIEW PROCESS FOR OERTAIN INDIVIDUALS.—

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(1) Section 1631 of such Act (42 U.S.C. 1383) is amended— (A) in subsection (e)(l)(A) by striking out "subparagraph (B)" and inserting in lieu thereof "subparagraph (B) and subsection (j)", and (B) by adding at the end thereof the following new subsection: "Application and Review Requirements for (Dertain Individuals

42 USC I382h.

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"(j)(1) Notwithstanding any provision of section 1611 or 1619, any individual who— "(A) was an eligible individual (or eligible spouse) under section 1611 or was eligible for benefits under or pursuant to -n 2= 1 section 1619, and "(B) who, after such eligibility, is ineligible for benefits under or pursuant to both such sections for a period of 12 consecutive months, may not thereafter become eligible for benefits under or pursuant to either such section until the individual has reapplied for benefits under section 1611 and been determined to be eligible for benefits under such section. "(2)(A) Notwithstanding any provision of section 1611 or section 1619, any individual who was eligible for benefits pursuant to section 1619(b), and who— "(i)(l) on the basis of the same impairment on which his or her eligibility under such section 1619(b) was based becomes eligible for benefits under section 1611 or 1619(a) for a month that follows a period durii^ which the individual was ineligible for benefits under sections 1611 and 1619(a), and "(II) has earned income (other than income excluded pursuant to section 1612(b)) for any month in the 12-month period preceding such month that is equal to or in excess of the amount that would cause him or her to be ineligible for payments under

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