119-HR1757

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 1757

1. Short title
2. Supplemental security income benefits

1. Short title

This Act may be cited as the "Eliminating the Marriage Penalty in SSI Act" or the "EMPSA Act".

2. Supplemental security income benefits

(a) Eligibility for benefits - Section 1611(a) of the Social Security Act (42 U.S.C. 1382(a)) is amended by adding at the end the following:

(4) - Notwithstanding paragraphs (1) and (2) of this subsection, each individual who has attained 18 years of age, who is diagnosed with an intellectual or developmental disability, whose income, other than income excluded pursuant to section 1612(b), is at not more than the rate in effect for purposes of paragraph (1)(A) of this subsection, and whose resources, other than resources excluded pursuant to section 1613(a), are not more than the applicable amount in effect for purposes of paragraph (3)(B) of this subsection, shall be an eligible individual for purposes of this title.

(b) Amount of benefit - Section 1611(b) of such Act (42 U.S.C. 1382(b)) is amended by adding at the end the following:

(3) - Notwithstanding paragraphs (1) and (2) of this subsection, the benefit under this title for an individual described in subsection (a)(4) of this section, whether or not the individual has an eligible spouse, shall be payable at the rate in effect for purposes of such paragraph (1), reduced by the amount of income, not excluded pursuant to section 1612(b), of the individual.

(c) Income and resource deeming rules - Section 1614(f) of such Act (42 U.S.C. 1382c(f)) is amended by adding at the end the following:

(5) - Notwithstanding paragraph (1) of this subsection, for purposes of determining eligibility for, and the amount of, benefits for an individual described in section 1611(a)(4) who is married, the income and resources of the individual is deemed to not include any income or resources of the spouse.