Page:United States Statutes at Large Volume 108 Part 2.djvu/789

 PUBLIC LAW 103-296—AUG. 15, 1994 108 STAT. 1505 "(e) Each person to whom benefits under this title by reason of disability are not payable for any month solely by reason of clause (i) or (v) of section 1611(e)(3)(A) shall be treated, for purposes of title XIX, as receiving benefits under this title for the month.". (E) EFFECTIVIi: DATE.— 42 USC 1382 (i) IN GENERAL.— Except as otherwise provided in "*^*^® this paragraph, the amendments made by this paragraph shall apply with respect to supplemental security income benefits under title XVI of the Social Security Act by reason of disability which are otherwise payable in months beginning after 180 days after the date of the enactment of this Act. The Secretary of Health and Human Services shall issue regulations necessary to carry out the amendments made by this paragraph not later than 180 days after such date of enactment. (ii) REFERRAL AND MONITORING AGENCIES.— The amendments made by subparagraph (B) shall take effect 180 days after the date of the enactment of this Act. (iii) TERMINATION AFTER 36 MONTHS.—Clause (v) of section 1611(e)(3)(A) of the Social Security Act (added by the amendment made by subparagraph (A) of this paragraph) shall apply with respect to supplemental security income benefits under title XVI of the Social Security Act by reason of disability for months beginning after 180 days after the date of the enactment of this Act. (F) TRANSITION RULES FOR CURRENT BENEFICIARIES.— 42 USC 1382 In any case in which an individual is eligible for supple- "°*^ mental security income benefits under title XVI of the Social Security Act by reason of disability, the determination of disability was made by the Secretary of Health and Human Services during or before the 180-day period following the date of the enactment of this Act, and alcoholism or drug addiction is a contributing factor material to the Secretary's determination that the individual is disabled, for purposes of section 161 l(e)(3)(A)(v) of the Social Security Act (added by the amendment made by subparagraph (A) of this paragraph)— (i) the first month of such eligibility beginning after 180 daj^s after the date of the enactment of this Act shall be treated as the individual's first month of such eligibility; and ^ (ii) the Secretary shall notify the individual of the requirements of the amendments made by this paragraph no later than 180 days after the date of the enactment of this Act. (4) IRRELEVANCE OF LEGALITY OF SUBSTANTIAL GAINFUL ACTIVITY. — (A) IN GENERAL.— Section 1614(a)(3)(D) of such Act (42 U.S.C. 1382c(a)(3)(D)) is amended by adding at the end the following: "The Secretary shall make determinations under this title with respect to substantial gainful activity, without regard to the legality of the activity.". (B) EFFECTIVE DATE.— The amendment made by 42 USC I382c subparagraph (A) shall take effect on the date of the enact- "^* ^®- mentof this Act.

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