Page:United States Statutes at Large Volume 74.djvu/1008

 968

Post. p. 969.

42 USC 423.

PUBLIC LAW 86-778-SEPT. 13, 1960

[74 S T A T.

thereof "if he is continuously under a disability after such month and until he files application therefor, and he files such application". {e){l) The first sentence of section 216(i)(2) of such Act is amended to read as follows: "The term 'period of disability' means a continuous period (beginning and ending as hereinafter provided in this subsection) during which an individual was under a disability (as defined in paragraph (1)), but only if such period is of not less than six full calendar months' duration or such individual was entitled to benefits under section 223 for one or more months in such period." (2)(A) The fifth sentence of such section 216(i)(2) is amended by inserting ", or, in any case in which clause (ii) of section 223(a) (1) is applicable, more than six months before the first month for which such applicant becomes entitled to benefits under section 223," after " (as determined under this paragraph)". (B) Such section 216(i)(2) is further amended by adding at the end thereof the following new sentence: "Any application for a disability determination which is filed within such three months' period or six months' period shall be deemed to have been filed on such first day or in such first month, as the case may be." (f) The amendments made by subsections (a) and (b) shall apply only with respect to benefits under section 223 of the Social Security Act for the month in which this Act is enacted and subsequent months. The amendment made by subsection (c) shall apply only in the case of applications for benefits under such section 223 filed after the seventh month before the month in which this Act is enacted. The amendment made by subsection (d) shall apply only in the case of applications for benefits under such section 223 filed in or after the month in which this Act is enacted. The amendment made by subsection (e) shall apply only in the case of individuals who become entitled to benefits under such section 223 in or after the month in which this Act is enacted. PERIOD OF TRIAL WORK BY DISABLED INDIVIDUAL

42 USC 422.

42 USC 402.

SEC. 403. (a) Section 222 of the Social Security Act is amended by striking out subsection (c) and inserting in lieu thereof the following: "Period of Trial Work "(c)(1) The term 'period of trial work', with respect to an individual entitled to benefits under section 223 or 202 (d), means a period of months beginning and ending as provided in paragraphs (3) and "(2) For purposes of sections 216(i) and 223, any services rendered by an individual during a period of trial work shall be deemed not to have been rendered by such individual in determining whether his disability has ceased in a month during such period. For purposes of this subsection the term 'services' means activity which is performed for remuneration or gain or is determined by the Secretary to be of a type normally performed for remuneration or gain. "(3) A period of trial work for any individual shall begin with the month in which he becomes entitled to disability insurance benefits,- or, in the case of an individual entitled to benefits under section 202(d) who has attained the age of eighteen, with the month in which he becomes entitled to such benefits or the month in which he attains the age of eighteen, whichever is later. Notwithstanding the preceding sentence, no period of trial work may begin for any individual prior to the beginning of the month following the month in which this paragraph is enacted; and no such period may begin for an in-

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