Page:United States Statutes at Large Volume 113 Part 3.djvu/317

 PUBLIC LAW 106-169—DEC. 14, 1999 113 STAT. 1835 (2) in paragraph (1)— (A) in subpgiragraph (A)— (i) by inserting "paragraph (1) and" after "provisions of"; (ii) by striking "title XIX" the first place it appears and inserting "this title and title XIX, respectively,"; (iii) by striking "subparagraph (B)" and inserting "clause (ii)"; (iv) by striking "paragraph (2)" and inserting "subparagraph (B)"; (B) in subparagraph (B)— (i) by striking "by the State agency"; and (ii) by striking "section 1917(c)" and all that follows and inserting "paragraph (1) or section 1917(c)."; and (C) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (3) in paragraph (2)— (A) by striking "(2)" and inserting "(B)"; and (B) by striMng "paragraph (1)(B)" and inserting "subparagraph (A)(ii)"; (4) by striking "(c)(1)" and inserting "(2)(A)"; and (5) by inserting before paragraph (2) (as so redesignated by paragraph (4) of this subsection) the following: "(c)(l)(A)(i) If an individual or the spouse of an individual disposes of resources for less than fair market value on or after the look-back date described in clause (ii)(I), the individual is ineligible for benefits under this title for months during the period beginning on the date described in clause (iii) and equal to the number of months calculated as provided in clause (iv). "(ii)(I) The look-back date described in this subclause is a date that is 36 months before the date described in subclause (II). "(II) The date described in this subclause is the date on which the individual applies for benefits under this title or, if later, the date on which the individual (or the spouse of the individual) disposes of resources for less than fair market value. "(iii) The date described in this clause is the first day of the first month in or after which resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. "(iv) The number of months calculated under this clause shall be equal to— "(I) the total, cumulative uncompensated value of all resources so disposed of by the individual (or the spouse of the individual) on or after the look-back date described in clause (ii)(I); divided by "(II) the amount of the maximum monthly benefit payable under section 1611(b), plus the amount (if any) of the maximum State supplementary payment corresponding to the State's pay- ment level applicable to the individual's living arrangement and eligibility category that would otherwise be payable to the individual by the Commissioner pursuant to an agreement under section 1616(a) of this Act or section 212(b) of Public Law 93-66, for the month in which occurs the date described in clause (ii)(II), rounded, in the case of any fi-action, to the nearest whole number, but shall not in any case exceed 36 months.

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