Page:United States Statutes at Large Volume 95.djvu/891

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 865

State, the amendment will become effective beginning with the first month beginning after the close of the first session of such State's legislature ending on or after October 1, 1981. For purposes of the preceding sentence, the term "session of a State's legislature" includes any regular, special, budget, or other session of a State legislature.

Subtitle B—Supplemental Security Income Benefits RETROSPECTIVE ACCOUNTING

SEC. 2341. (a) Section 1611(c) of the Social Security Act is amended to read as follows: "(c)(1) An individual's eligibility for a benefit under this title for a month shall be determined on the basis of the individual's (and eligible spouse's, if any) income, resources, and other relevant characteristics in such month, and, except as provided in paragraph (2), the amount of such benefit shall be determined for such month on the basis of income and other characteristics in the first or, if the Secretary so determines, second month preceding such month. Eligibility for and the amount of such benefits shall be redetermined at such time or times as may be provided by the Secretary. "(2) The amount of such benefit for the month in which application for such benefits is filed or, if the Secretary so determines, for such month and the following month, and for any month following a month of ineligibility for such benefits (or, if the Secretary so determines, such month and the following month) shall be determined on the basis of the individual's (and eligible spouse's, if any) income and other relevant circumstances in such month. "(3) For purposes of this subsection, an application shall be effective as of the first day of the month in which it is filed. "(4) The Secretary may waive the limitations specified in subparagraphs (A) and (B) of subsection (e)(1) on an individual's eligibility and benefit amount for a month (to the extent either such limitation is applicable by reason of such individual's presence throughout such month in a hospital, extended care facility, nursing home, or intermediate care facility) if such waiver would promote the individual's removal from such institution or facility. Upon waiver of such limitations, the Secretary shall apply, to the month preceding the month of removal, or, if the Secretary so determines, the two months preceding the month of removal, the benefit rate that is appropriate to such individual's living arrangement subsequent to his removal from such institution or facility.". (b) Section 1612(b)(3) of such Act is amended— (1) by striking out "calendar quarter" each place it appears and inserting in lieu thereof "month"; (2) by striking out "such quarter" each place it appears and inserting in lieu thereof "such month"; (3) by striking out "$60" and inserting in lieu thereof "$20"; and (4) by striking out "$30" and inserting in lieu thereof "$10". (c)(1) "The amendments made by this section shall be effective with respect to months after the first calendar quarter which ends more than five months after the month in which this Act is enacted. (2) The Secretary of Health and Human Services may, under conditions determined by him to be necessary and appropriate, make a transitional payment or payments during the first two months for which the amendments made by this section are effective. A transi-

42 USC 1382.

Limitations waiver.

42 USC 1382a.

Effective date. 42 USC 1382 note. Transitional payments.

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