The law › Title 42, The Public Health and Welfare › Chapter 7
42 U.S.C. 1382: Eligibility for benefits
Created in 1972 by Public Law 92-603. Changed by 24 later laws. No bill we track in this Congress changes it.
23 other sections of the Code cite this one, including 2 U.S.C. 901, 7 U.S.C. 2012, 7 U.S.C. 2020, 26 U.S.C. 6428A, 42 U.S.C. 402.
2 parts of federal rules cite it as their authority, written by Social Security Administration (1), Office of Family Assistance (Assistance Programs), Administration for Children and Families, Department of Health and Human Services (1).
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2018
- Pub. L. 115–123 substituted "15 days" for "30 days" in two places. (Bipartisan Budget Act of 2018) Law text · (e)
2013
- Pub. L. 113–67, §204(a)(2), inserted "first, middle, and last" before "names", "dates of release or anticipated dates of release, dates of work release," before "and, to the extent available", and "and clause (iv) of this subparagraph" before "and the other provisions of th… Law text · (e)
- Pub. L. 113–67, §204(b)(2)(A), inserted before period at end ", for statistical and research activities conducted by Federal and State agencies, and to the Secretary of the Treasury for the purposes of tax administration, debt collection, and identifying, preventing, and rec… Law text · (e)
- Pub. L. 113–67, §204(b)(2)(B), added cl. (v). Law text · (e)
2004
- Pub. L. 108–203, §433(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "in the case of the month in which an application becomes effective or the first month following a period of ineligibility, if such application becomes effective, or eligibil… (Social Security Protection Act of 2004) Law text · (c)
- Pub. L. 108–203, §433(a), added par. (9). (Social Security Protection Act of 2004) Law text · (c)
- Pub. L. 108–203, §436(a), added par. (10). (Social Security Protection Act of 2004) Law text · (c)
- Pub. L. 108–203, §203(b)(1), designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), in cl. (i), substituted "or, in jurisdictions that do not define crimes as felonies, is punishable by death or imp… (Social Security Protection Act of 2004) Law text · (e)
- Pub. L. 108–203, §203(b)(2), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows: (Social Security Protection Act of 2004) Law text · (e), (B)
1999
- Pub. L. 106–169, §212(b), substituted "subparagraph (H) or (J)" for "subparagraph (H)" in introductory provisions. (Foster Care Independence Act of 1999) Law text · (e)
- Pub. L. 106–170, §402(c)(2), substituted "institution comprising a jail, prison, penal institution, or correctional facility, or with any other interested State or local institution a purpose of which is to confine individuals as described in section 402(x)(1)(A)(ii) of this t… (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (e)
- Pub. L. 106–170, §402(a)(3)(A), substituted "and the other provisions of this subchapter; and" for "; and". (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (e)
- Pub. L. 106–170, §402(c)(1)(A), inserted "(subject to reduction under clause (ii))" after "$400" and "$200". (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (e)
- Pub. L. 106–170, §402(c)(1)(C), added cl. (ii). Former cl. (ii) redesignated (iii). (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (e)
- Pub. L. 106–170, §402(a)(3)(B), substituted "shall maintain, and shall provide on a reimbursable basis," for "is authorized to provide, on a reimbursable basis,". (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (e)
- Pub. L. 106–169, §204, which directed substitution of "shall" for "is authorized to" in cl. (ii)(II), could not be executed in view of the redesignation of cl. (ii) as (iii) by Pub. L. 106–170, §402(c)(1)(B). See note above and Effective Date of 1999 Amendment note below. (Foster Care Independence Act of 1999) Law text · (e)
- Pub. L. 106–170, §402(c)(3)(B), substituted "eligibility and other administrative purposes under such program" for "eligibility purposes". (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (e)
- Pub. L. 106–170, §402(c)(3)(A), struck out "(II)" before "The Commissioner" and struck out subcl. (I) which read as follows: "The provisions of section 552a of title 5 shall not apply to any agreement entered into under clause (i) or to information exchanged pursuant to such agreement." (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (e)
- Pub. L. 106–170, §402(c)(1)(B), redesignated cl. (ii) as (iii). Former cl. (iii) redesignated (iv). (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (e)
- Pub. L. 106–170, §402(c)(1)(B), redesignated cl. (iii) as (iv). (Ticket to Work and Work Incentives Improvement Act of 1999) Law text · (e)
- Pub. L. 106–169, §212(a), added subpar. (J). (Foster Care Independence Act of 1999) Law text · (e)
- Pub. L. 106–169, §207(c)(1), (3), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: (Foster Care Independence Act of 1999) Law text · (e)
- Pub. L. 106–169, §207(c)(3), redesignated par. (6) as (5). Former par. (5) redesignated (4). (Foster Care Independence Act of 1999) Law text · (e)
- Pub. L. 106–169, §207(c)(2), (3), redesignated par. (6) as (5) and substituted "(4)" for "(5)". (Foster Care Independence Act of 1999) Law text · (e)
1997
- Pub. L. 105–33, §5522(c)(1)(A), (D), in introductory provisions, substituted "medical treatment facility" for "hospital, extended care facility, nursing home, or intermediate care facility" and in closing provisions, substituted "medical treatment facility that provides services … (Balanced Budget Act of 1997) Law text · (e)
- Pub. L. 105–33, §5522(c)(1)(B), struck out "hospital, home or" before "facility" in introductory provisions and "hospital, home, or" before "facility" in subcl. (I). (Balanced Budget Act of 1997) Law text · (e)
- Pub. L. 105–33, §5522(c)(1)(C), struck out "hospital, home, or" before "facility". (Balanced Budget Act of 1997) Law text · (e)
- Pub. L. 105–33, §5522(c)(2), substituted "medical treatment facility" for "hospital, extended care facility, nursing home, or intermediate care facility". (Balanced Budget Act of 1997) Law text · (e), (iii)
- Pub. L. 105–33, §5522(c)(3), substituted "or is in a medical treatment" for "or which is a hospital, extended care facility, nursing home, or intermediate care" and inserted "or, in the case of an individual who is a child under the age of 18, under any health insurance policy is… (Balanced Budget Act of 1997) Law text · (e)
- Pub. L. 105–33, §5521(c), substituted "this paragraph" for "paragraph (1)". (Balanced Budget Act of 1997) Law text · (e)
- Pub. L. 105–33, §5521(b), substituted "individual who receives in the month preceding the first month throughout which such individual is an inmate of the jail, prison, penal institution, or correctional facility that furnishes information respecting such individual pursua… (Balanced Budget Act of 1997) Law text · (e)
- Pub. L. 105–33, §5522(c)(4), substituted "same medical treatment facility" for "same hospital, home, or facility" and "same such facility" for "same such hospital, home, or facility". (Balanced Budget Act of 1997) Law text · (e)
- Pub. L. 105–33, §5521(a), inserted "and section 1306(c) of this title" after "of 1986". (Balanced Budget Act of 1997) Law text · (e)
1996
- Pub. L. 104–193, §108(j), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "a State plan approved under part A of subchapter IV of this chapter (relating to aid to families with dependent children),". (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (c)
- Pub. L. 104–193, §204(a), amended subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) read as follows: (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (c), (B)
- Pub. L. 104–193, §214(a), inserted "or, in the case of an eligible individual who is a child under the age of 18, receiving payments (with respect to such individual) under any health insurance policy issued by a private provider of such insurance" after "section 1382c(f)(2)(B) o… (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (e)
- Pub. L. 104–193, §203(a)(1), added subpar. (I). (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (e)
- Pub. L. 104–193, §201(a), redesignated par. (5) as (3). (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (e)
- Pub. L. 104–121 struck out par. (3) which related to limitation on eligibility for benefits by reason of disability based on alcoholism or drug addiction. (Contract with America Advancement Act of 1996) Law text · (e)
- Pub. L. 104–193, §201(a), added par. (4). (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (e)
- Pub. L. 104–193, §§201(a), 202(a), added par. (5) and redesignated former par. (5) as (3). (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (e)
- Pub. L. 104–193, §202(b), added par. (6). (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (e)
1994
- Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" wherever appearing. · (c), (d), (e), (H), (2)
- Pub. L. 103–296, §201(b)(3)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "No person who is an aged, blind, or disabled individual solely by reason of disability (as determined under section 1382c(a)(3) of this title) shall be an eligible ind… · (e)
- Pub. L. 103–296, §107(a)(4), in subpar. (A) as amended by Pub. L. 103–296, §201(b)(3)(A), substituted "Commissioner of Social Security" for "Secretary" and "Commissioner's" for "Secretary's" wherever appearing. · (e)
- Pub. L. 103–296, §201(b)(3)(B)(i), designated existing provisions as cl. (i), struck out "The Secretary shall annually submit to the Congress a full and complete report on his activities under this paragraph." after first sentence, and added cls. (ii) and (iii). · (e)
- Pub. L. 103–296, §107(a)(4), in subpar. (B) as amended by Pub. L. 103–296, §201(b)(3)(B)(i), substituted "Commissioner of Social Security" for "Secretary" wherever appearing and "Commissioner's" for "Secretary's" in cl. (iii)(II)(aa). · (e)
- Pub. L. 103–296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary". · (e)
- Pub. L. 103–296, §204(a), designated existing provisions as par. (1) and added par. (2). · (f)
- Pub. L. 103–296, §107(a)(4), in subpar. (B) as added by Pub. L. 103–296, §204(a), substituted "Commissioner of Social Security" for "Secretary". · (f)
1993
- Pub. L. 103–66, §13735(a)(1), substituted "(5), and (6)" for "and (5)". · (c)
- Pub. L. 103–66, §13735(a)(2), (3), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively. · (c)
1989
- Pub. L. 101–239, §8010(b), inserted "or an eligible individual is a child described in section 1382c(f)(2)(B) of this title," before "the benefit under this subchapter" in introductory provisions. · (e)
- Pub. L. 101–239, §8009(a), inserted "(other than a child described in section 1382c(a)(1)(B)(ii) of this title)" after "no individual". · (f)
1988
- Pub. L. 100–360 inserted at end "For purposes of this subsection, a hospital, extended care facility, nursing home, or intermediate care facility which is a 'medical institution or nursing facility' within the meaning of section 1396p(c) of this title shall be considered to be re… · (e)
1987
- Pub. L. 100–203, §9106(a)(1), substituted "paragraphs (2), (3), (4), and (5)" for "paragraphs (2), (3), and (4)". · (c)
- Pub. L. 100–203, §9106(a)(2), (3), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively. · (c)
- Pub. L. 100–203, §9115(a)(1), substituted "(E), and (G)" for "and (E)". · (e)
- Pub. L. 100–203, §9115(a)(2), inserted "(subject to subparagraph (G))" after "throughout any month". · (e)
- Pub. L. 100–203, §9119(a), in cls. (i) and (ii)(I) substituted "$360 per year" for "$300 per year" and in cl. (iii) substituted "$720 per year" for "$600 per year". · (e)
- Pub. L. 100–203, §9113(a), substituted "6 months in any 9-month period" for "three months in any 12-month period". · (e)
- Pub. L. 100–203, §9115(a)(3), added subpars. (G) and (H). · (e), (H)
- Pub. L. 100–203, §9107, substituted "living in the same hospital, home, or facility" for "sharing a room or comparable accommodation in a hospital, home, or facility" and "lived in the same such hospital, home, or facility" for "shared such a room or accommodation". · (e)
1986
- Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954". · (d)
- Pub. L. 99–643, §3(a), in subpar. (A) substituted "(D), and (E)" for "and (D)", in subpar. (B) inserted "(subject to subparagraph (E))" after "shall be payable", and added subpars. (E) and (F). · (e)
- Pub. L. 99–643, §4(d)(1), struck out par. (4) which read as follows: "No benefit shall be payable under this subchapter, except as provided in section 1382h of this title (or section 1382e(c)(3) of this title), with respect to an eligible individual or his eligible spouse who is an … · (e)
- Pub. L. 99–643, §9(a), added par. (5). · (e)
- Pub. L. 99–643, §4(c)(3), added subsec. (i). · (i)
1984
- Pub. L. 98–369, §2611(a), substituted "the applicable amount determined under paragraph (3)(A)" for "$2,250" and "the applicable amount determined under paragraph (3)(B)" for "$1,500". · (a)
- Pub. L. 98–369, §2611(b), substituted "the applicable amount determined under paragraph (3)(A)" for "$2,250". · (a)
- Pub. L. 98–369, §2611(c), added par. (3). · (a)
- Pub. L. 98–369, §2663(g)(1), amended heading. · (c)
- Pub. L. 98–369, §2663(g)(2), substituted "or such individual" for "or individuals" in provisions following par. (3). · (g)
1983
- Pub. L. 98–21, §403(a)(1), inserted reference to subpar. (D). · (e)
- Pub. L. 98–21, §403(a)(2), added subpar. (D). · (e)
1982
- Pub. L. 97–248, §183(a)(1), inserted reference to pars. (3) and (4). · (c)
- Pub. L. 97–248, §181(a), in par. (2) redesignated existing provisions as provisions preceding subpar. (A) and subpar. (A), and added subpar. (B). · (c)
- Pub. L. 97–248, §§181(a), 183(a)(2), (3), struck out par. (3) providing that an application shall be effective as of the first day of the month in which it is filed, added par. (3) providing that an application shall be effective on the later of the date it is filed or the da… · (c)
1981
- Pub. L. 97–35 substituted provision that eligibility and benefit amount generally be determined on a one-month retrospective basis, with for the first month of eligibility, the month in which the application is filed, eligibility and benefit amount both determined on a prospective basi… · (c)
1980
- Pub. L. 96–265 added par. (4). · (e)
1976
- Pub. L. 94–566, §505(a), inserted reference to subparagraph (C). · (e)
- Pub. L. 94–566, §502, inserted "of the one who is in such hospital, home, or facility" after "section 1382a(b) of this title" in parenthetical provisions that follow "the rate of $300 per year" and inserted "(reduced by the amount of any income, not excluded pursuant to secti… · (e)
- Pub. L. 94–566, §505(a), added subpar. (C). · (e)
1974
- Pub. L. 93–368 inserted "(or, if greater, the amount determined under section 1382f of this title)" after "$1,752" in subsecs. (a)(1)(A) and (b)(1) and "$2,628" in subsecs. (a)(2)(A) and (b)(2).
1973
- Pub. L. 93–233, §4(b)(1), substituted "$1,752" for "$1,680". · (a)
- Pub. L. 93–66, §210(a), substituted "$1,680" for "$1,560". · (a)
- Pub. L. 93–233, §4(b)(2), substituted "$2,628" for "$2,520". · (a)
- Pub. L. 93–66, §210(b), substituted "$2,520" for "$2,340". · (a)
- Pub. L. 93–233, §4(b)(1), substituted "$1,752" for "$1,680". · (b)
- Pub. L. 93–66, §210(a), substituted "$1,680" for "$1,560". · (b)
- Pub. L. 93–233, §4(b)(2), substituted "$2,628" for "$2,520". · (b)
- Pub. L. 93–66, §210(b), substituted "$2,520" for "$2,340". · (b)
- Pub. L. 93–233, §18(d), incorporated existing provisions in text designated as cl. (1), added cls. (2) and (3), and substituted final December "1973" for "1972". · (g)
- Pub. L. 93–233, §18(e), incorporated existing text in provisions designated as cls. (1) and (2), added cls. (3) and (4), redesignated former cls. (1) and (2) as items (A) and (B), and in item (A) inserted "under which he or they received such aid or assistance for December 1973". · (h)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.