Page:United States Statutes at Large Volume 113 Part 3.djvu/327

 PUBLIC LAW 106-169—DEC. 14, 1999 113 STAT. 1845 "(2) who is a World War II veteran; "(3) who is eligible for a supplemental security income benefit under title XVI for— "(A) the month in which this title is enacted; and "(B) the month in which the individual files an application for benefits under this title; "(4) whose total benefit income is less than 75 percent of the Federal benefit rate under title XVI; "(5) who has filed an application for benefits under this title; and "(6) who is in compliance with all requirements imposed by the Commissioner of Social Security under this title, shall be a qualified individual for purposes of this title, "SEC. 803. RESIDENCE OUTSmE THE UNITED STATES. 42 USC 1003. "For purposes of section 801, with respect to any month, an individual shall be regarded as residing outside the United States if, on the first day of the month, the individual so resides outside the United States. "SEC. 804. DISQUALIFICATIONS. 42 USC 1004. "(a) IN GENERAL.— Notwithstanding section 802, an individual may not be a qualified individual for any month— "(1) that begins after the month in which the Commissioner of Social Security is notified by the Attorney General that the individual has been removed from the United States pursuant to section 237(a) or 212(a)(6)(A) of the Immigration and Nationality Act and before the month in which the individual is lawfully admitted to the United States for permanent residence; "(2) during any part of which the individual is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the United States or the jurisdiction within the United States from which the person has fled, for a crime, or an attempt to commit a crime, that is a felony under the laws of the place from which the individual has fled, or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State; "(3) during any part of which the individual violates a condition of probation or parole imposed under Federal or State law; or "(4) during which the individual resides in a foreign country and is not a citizen or national of the United States if payments for such month to individuals residing in such country are withheld by the Treasury Department under section 3329 of title 31, United States Code. "(b) REQUIREMENT FOR ATTORNEY GENERAL.— For the purpose Notification. of carrying out subsection (a)(1), the Attorney General shall notify the Commissioner of Social Security as soon as practicable after the removal of any individual under section 237(a) or 212(a)(6)(A) of the Immigration and Nationality Act. "SEC. 805. BENEFIT AMOUNT. 42 USC 1005. "The benefit under this title payable to a qualified individual for any month shall be in an amount equal to 75 percent of the Federal benefit rate under title XVI for the month, reduced by the amount of the qualified individual's benefit income for the month.

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