Page:United States Statutes at Large Volume 81.djvu/910

 876

PUBLIC LAW 90-248-JAN. 2, 1968

[81 STAT.

it would have been if the person or persons referred to in paragraph (2) were not entitled to a benefit referred to in such paragraph. EXPEDITED BENEFIT PAYMENTS 42 USC 405.

SEC. 171. (a) Section 205 of the Social Security Act is amended by adding at the end thereof the following new subsection: "Expedited Benefit Payments The Secretary shall establish and put into effect procedures under which expedited payment of monthly insurance benefits under this title will, subject to paragraph (4) of this subsection, be made as set forth in paragraphs (2) and (3) of this subsection. " (2) I n any case in which— " (A) an individual makes an allegation that a monthly benefit under this title was due him in a particular month but was not paid to him, and " (B) such individual submits a written request for the payment of such benefit— " (i) in the case of an individual who received a regular monthly benefit in the month preceding the month with respect to which such allegation is made, not less than 30 days after the 15th day of the month with respect to which such allegation is made (and in the event that such req^uest is submitted prior to the expiration of such 30-day period, it shall be deemed to have been submitted upon the expiration of such period), and " (ii) in any other case, not less than 90 days after the later of (I) the date on which such benefit is alleged to have been due, or ( II) the date on which such individual furnished the last information requested by the Secretary (and such written request will be deemed to be filed on the day on which it was filed, or the ninetieth day after the first day on which the Secretary has evidence that such allegation is true, whichever is later), the Secretary shall, if he finds that benefits are due, certify such benefits for payment, and payment shall be made within 15 days immediately following the date on which the written request is deemed to have been filed. "(3) I n any case in which the Secretary determines that there is evidence, although additional evidence might be required for a final decision, that an allegation described in paragraph (2)(A) is true, he may make a preliminary certification of such benefit for payment even though the 30-day or 90-day periods described in paragraph (2)(B) (i) and (B) (ii) have not elapsed. " (4) Any payment made pursuant to a certification under paragraph (3) of this subsection shall not be considered an incorrect payment for purposes of determining the liability of the certifying or disbursing officer. " (5) For purposes of this subsection, benefits payable under section 228 shall be treated as monthly insurance benefits payable under this title. However, this subsection shall not apply with respect to any benefit for which a check has been negotiated, or with respect to any benefit alleged to be due under either section 223, or section 202 to a wife, husband, or child of an individual entitled to or applying for benefits under section 223, or to a child who has attained age 18 and is under a disability, or to a widow or widower on the basis of being under a disability." "(Q)(1)

42 USC 428.

^Q^ use 423,

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