Page:United States Statutes at Large Volume 85.djvu/39

 85 STAT. ]

PUBLIC LAW 92-5-MAR. 17, 1971

but in any such case (i) paragraph (1) of this subsection shall not be applied to such total of benefits after the application of subparagraph (B), and (ii) if section 202(k)(2)(A) was applicable in the case of any such benefits for January 1971, and ceases to apply after such month, the provisions of subparagraph (B) shall be applied, for and after the month in which section 202(k)(2) (A) ceases to apply, as though paragraph (1) had not been applicable to such total of benefits for January 1971, or". (c) Section 215i(b)(4) of such Act is amended by striking out "December 1969" each time it appears and inserting in lieu thereof "December 1970". (d) Section 215(c) of such Act is amended to read as follows:

42 USC 402.

8 3 Stat. 740. 42 USC 415.

"Primary Insurance Amount Under 1969 Act " (c)(1) For the purposes of column II of the table appearing in subsection (a) of this section, an individual's primary insurance amount shall be computed on the basis of the law in effect prior to the amendment of this subsection in March 1971. " (2) The provisions of this subsection shall be applicable only in the case of an individual who became entitled to benefits under section 202(a) or section 223 before the date on which this subsection was amended in March 1971, or who died before such date." (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for months after December 1970 and with respect to lump-sum death payments under such title in the case of deaths occurring in and after the month in which this Act is enacted. (f) If an individual was entitled to a disability insurance benefit under section 223 of the Social Security Act for December 1970 on the basis of an application filed in or after the month in which this Act is enacted, and became entitled to old-age insurance benefits under section 202(a) of such Act for January 1971, then, for purposes of section 215 (a)(4) of the Social Security Act (if applicable), the amount in column IV of the table appearing in such section 216(c) for such individual shall be the amount in such column on the line on which in column II appears his primary insurance amount (as determined under section 215(c) of such Act) instead of the amount in column IV equal to the primary insurance amount on which his disability insurance benefit is based. (g) Notwithstanding the provisions of sections 2(a) (10), 402(a) (7), 1002(a)(8), 1402(a)(8), and 1602(a) (13) and (14) of the Social Security Act, each State, in determining need for aid or assistance under a State plan approved under title I, X, X IV, or X VI, or part A of title IV, of such Act, may disregard (and the plan may be deemed to require the State to disregard), in addition to any other amounts which the State is required or permitted to disregard in determining such need, any amount paid to an individual under title II of such Act (or under the Railroad Retirement Act of 1937 by reason of the first proviso in section 3(e) thereof), in any month after the month in which this Act is enacted, to the extent that (1) such payment is attributable to the increase in monthly benefits under the old-age, survivors, and disability insurance system for January, February, March, or April 1971 resulting from the enactment of this title, and (2) the amount of such increase is paid separately from the rest of the monthly benefit of such individual for January, February, March, or April 1971.

Ante, p, 6.

^° use'421' ^^ ^^^^ 42 USC' 4o i.

64 Stat. 482.

J^^ Stat. 357,

QQ'^2 ^2^0^2^1352 1382.

go^star^ioso^' 45 USC 228c.

�