Page:United States Statutes at Large Volume 111 Part 1.djvu/646

 Ill STAT. 622 PUBLIC LAW 105-33—AUG. 5, 1997 for such preceding month, and who is determined by the Commissioner to be inehgible for benefits under this title by reason of confinement based on the information provided by such institution". (c) CORRECTION OF REFERENCE.—Section 1611(e)(l)(I)(i)(I) (42 U.S.C. 1382(e)(l)(I)(i)(I)) is amended by striking "paragraph (1)" and inserting "this paragraph". SEC. 5522. CONFORMING AND TECHNICAL AMENDMENTS RELATING TO BENEFITS FOR DISABLED CHILDREN. (a) ELIGIBILITY REDETERMINATIONS AND CONTINUING DISABILITY REVIEWS. — (1) DISABILITY ELIGIBILITY REDETERMINATIONS REQUIRED FOR SSI RECIPIENTS WHO ATTAIN 18 YEARS OF AGE. —Section 1614(a)(3)(H)(iii) (42 U.S.C. 1382c(a)(3)(H)(iii)) is amended by striking subclauses (I) and (II) and all that follows and inserting the following: "(I) by applying the criteria used in determining initial eligibility for individuals who are age 18 or older; and "(II) either during the 1-year period beginning on the individual's 18th birthday or, in lieu of a continuing disability review, whenever the Commissioner determines that an individual's case is subject to a redetermination under this clause. With respect to any redetermination under this clause, paragraph (4) shall not apply.". (2) CONTINUING DISABILITY REVIEW REQUIRED FOR LOW BIRTH WEIGHT BABIES.— Section 1614(a)(3)(H)(iv) (42 U.S.C. 1382c(a)(3)(H)(iv)) is amended— (A) in subclause (I), by striking "Not" and inserting "Except as provided in subclause (VI), not"; and (B) by adding at the end the following: "(VI) Subclause (I) shall not apply in the case of an individual described in that subclause who, at the time of the individual's initial disability determination, the Commissioner determines has an impairment that is not expected to improve within 12 months after the birth of that individual, and who the Commissioner schedules for a continuing disability review at a date that is after the individual attains 1 year of age.". (b) ADDITIONAL ACCOUNTABILITY REQUIREMENTS. —Section 1631(a)(2)(F) (42 U.S.C. 1383(a)(2)(F)) is amended— (1) in clause (ii)(III)(bb), by striking "the total amount" and all that follows through "1613(c)" and inserting "in any case in which the individual knowingly misapplies benefits from such an account, the Commissioner shall reduce future benefits payable to such individual (or to such individual and his spouse) by an amount equal to the total amount of such benefits so misapplied"; and (2) by striking clause (iii) and inserting the following: "(iii) The representative payee may deposit into the account established under clause (i) any other funds representing past due benefits under this title to the eligible individual, provided that the amount of such past due benefits is equal to or exceeds the maximum monthly benefit payable under this title to an eligible individual (including State supplementary payments made by the Commissioner pursuant to an agreement under section 1616 or section 212(b) of Public Law 93-66).".

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