Changes in SSA laws about children-warning VERY LONG

[Guest guest]

http://www.ssa.gov/legislation/Bills/SSAmend2005.pdf

Here is the link.

Section-By-Section Descriptions

gThe Social Security Amendments of 2005h

Short Title and Table of Contents

Section 1 provides that upon enactment the bill may be cited as the

gSocial Security

Amendments of 2005.h This section also includes the table of

contents.

Full-Time School Attendance Requirement for Childfs Benefits at Age

16

Section 101 would require that in order to receive an OASDI childfs

benefit for a

month, an individual who has attained age 16 but not age 18 must be a

full-time

elementary or secondary school student. This would expand upon an

existing full time

school attendance provision applicable to individuals between 18 and

19. An exception

to the requirement would be made in the case of an individual who is

unable to attend

school full time due to a disability, or who is under age 18 and has

received a diploma

or equivalent from a secondary school. The proposal recognizes for

children ages 16

and 17 the importance of continuing education through the high school

level. The

expectation is that the lowering of age for the student requirement

for childrenfs

benefits will serve as an incentive for many children to remain in

school and complete

their education at least through high school.

The provision would be effective with respect to individuals who

attain age 16 after

September 2005.

Modification of the Dedicated Account Requirement

Section 201 would modify the dedicated account requirement so that it

would not apply

in cases in which a parent of a disabled child lives with the child

and is his or her

representative payee. The provision would also eliminate the

dedicated account

requirement if the individual is or becomes his or her own payee. For

individuals with

dedicated accounts established (either before or after enactment of

this provision), the

provision would permit the accounts to continue to be excluded from

the eligible

individualsf resources for a period of 18 months beginning the month

after the month

that the requirements for the account end. Interest or other earnings

on such account

would be excluded from income for the same period. For parents who are

representative payees, there would be no restrictions on the use of

the funds in the

account, other than the normal restrictions that apply to

representative payeesf use of a

recipientfs benefits (i.e., that the benefits be used in the best

interest of the beneficiary).

Removing the dedicated account requirement in cases of parents and

children would be

family friendly in that it recognizes that parents know how best to

allocate money for

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their childrenfs needs. It also would acknowledge the personal

responsibility that

parents have for the welfare of their children.

The provision would be effective the first day of the month that

begins after the date

enactment.

Treatment of Uniformed Service Compensation

Section 202 would treat most cash military compensation as wages and,

thus, as earned

income. The distinction between earned and unearned income is

important in

determining the amounts to be deemed from a parent or spouse in

military service.

Higher disregard amounts apply to earned income yielding less

countable income and,

often, higher SSI benefits. The provision would treat cash military

compensation and

civilian wages alike, and thus eliminate the present unfair and

disadvantageous

treatment of cash military compensation other than basic pay under

SSI. However,

allowances for military and certain on-base privatized housing would

continue to be

counted as unearned income subject to the rules for in-kind support

and maintenance,

including the rule that caps the counting of the in-kind income at an

amount equal to

one-third of the SSI Federal benefit rate. This continued

consideration of housing

allowances is appropriate in such cases because the full amount of

the service member's

housing allowance is deducted directly from his or her pay and paid

to the landlord of

the privatized housing by military payroll.

The provision is effective with respect to benefits payable for

months beginning at least

90 days after the date of enactment.

Review of State Agency Blindness and Disability Determinations

Section 203 would require the Commissioner of Social Security to

conduct reviews of a

specific percentage of SSI initial disability and blindness cases of

individuals aged 18

and older that were allowed by State disability determination

agencies. The reviews

would be done to ensure the accuracy of such allowances, and would be

completed

before the individuals were awarded benefits. The provision would be

substantially the

same as the current-law Social Security disability pre-effectuation

review requirement.

That is, the Commissioner would be required to review at least 50

percent of initial

State disability determination agency allowances.

The provision would be phased in as follows. For fiscal year 2006,

the Commissioner

would be required to review 25 percent of the allowances made after

March 31, 2006

or, if later, the date of the bill's enactment. Beginning in fiscal

year 2007 and

thereafter, 50 percent of all allowances would be reviewed.

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A B I L L

To amend the Social Security Act and enact other changes related to

the old-age, survivors and disability insurance program and the

supplemental security income program, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ASocial Security

Amendments of 2005 " .

( Table of Contents.--The table of contents for this Act is

as follows:

Sec. 1. Short title and table of contents.

TITLE I--PROVISION RELATING TO THE

OLD-AGE, SURVIVORS AND DISABILITY INSURANCE PROGRAM

Sec. 101. Full-Time School Attendance Requirement for Child=s

Benefits at Age 16.

TITLE II--PROVISIONS RELATING TO THE

SUPPLEMENTAL SECURITY INCOME PROGRAM

Sec. 201. Modification of the dedicated account requirement.

Sec. 202. Treatment of uniformed service compensation.

Sec. 203. Review of State agency blindness and disability

determinations.

TITLE I--PROVISION RELATING TO THE

OLD-AGE, SURVIVORS AND DISABILITY INSURANCE PROGRAM

SEC. 101. FULL-TIME SCHOOL ATTENDANCE REQUIREMENT FOR CHILD=S

BENEFITS AT AGE 16.

(a) In General.BSection 202(d) of the Social Security Act (42

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U.S.C. 402(d)) is amended--

(1) by striking AEvery@ and inserting AExcept as provided

in paragraph (11), every@; and

(2) by adding at the end the following new paragraph:

A(11)(A) Except as provided in subparagraph (, no benefit

otherwise payable under this subsection shall be paid to any

individual who has attained the age of 16 and has not attained the

age of 18 for any month in which such individual is not a full-time

elementary or secondary school student, as defined in paragraph (7),

during any part of such month.

A( Subparagraph (A) shall not apply to any individual

who--

A(i) is receiving a free, appropriate public education

in accordance with the Individuals with Disabilities Education

Act (20 U.S.C. 1400 et seq.), based on the individual meeting

the definition of a >child with a disability=, as defined in

part A, section 602(3) of the Individuals with Disabilities

Education Improvement Act (20 U.S.C. 1401(3)) and determined

pursuant to section 614((4) of such Act (20 U.S.C.

1414((4));

A(ii) has a certification from a physician or qualified

psychologist that such individual has a medical condition that

precludes full-time elementary or secondary school attendance;

A(iii) is under a disability as defined in section 223(d)

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of this Act; or

A(iv) has completed the requirements for, or received a

diploma or equivalent certificate from a secondary school.

A© For purposes of the application of section 203(a), an

individual with respect to whom no benefit under this subsection

is payable for any month as a result of the application of

subparagraph

(A) shall be deemed to have received such benefit for such month.@.

( Effective Date.BThe amendment made by this section shall

be effective with respect to individuals who attain age 16 after

September 2005.

TITLE II--PROVISIONS RELATING TO THE

SUPPLEMENTAL SECURITY INCOME PROGRAM

SEC. 201. MODIFICATION OF THE DEDICATED ACCOUNT REQUIREMENT.

(a) In General.--

(1) Inapplicability in Case of Parental Representative

Payee.--Section 1631(a)(2)(F)(i) of the Social Security Act

(42 U.S.C. 1383(a)(2)(F)(i)) is amended--

(A) in subclause (I), by inserting A(other than a

representative payee described in subclause (III))@ after

Apayee@; and

( by inserting after subclause (II) the following

new subclause:

A(III) The representative payee described in this subclause

is any representative payee who--

A(aa) is the parent (or spouse of such parent) of the

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eligible individual described in subclause (I), and

A(bb) is living in the same household as such eligible

individual.@.

(2) Inapplicability in Case of Eligible Individual Who

Ceases to Have a Representative Payee.--

(A) Section 1631(a)(2)(F)(ii)(III) of such Act (42

U.S.C.1383(a)(2)(F)(ii)(III)) is amended--

(i) by striking Aclause--A through Aby@ and

inserting Aclause by@;

(ii) by striking Abenefits; and@ at the end of

division (aa) and inserting Abenefits.@; and

(iii) by striking division (bb).

( Section 1631(a)(2)(F)(ii)(IV) of such Act (42

U.S.C. 1383(a)(2)(F)(ii)(IV) is amended to read as

follows:

A(IV) This clause shall continue to apply to funds in the account

after the eligible individual, on whose behalf such account was

required by subclause (I) to be established and maintained, attains

the age of 18 for so long as the benefits for which such individual

is eligible continue to be paid through a representative payee.@.

( Transitional Treatment of Funds Previously Subject to the

Dedicated Account Requirement.--

(1) Income.--Section 1612((21) of such Act (42 U.S.C.

1382a((21) is amended to read as follows:

A(21) the interest or other earnings on any account--

A(A) required to be maintained in accordance with

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section 1631(a)(2)(F); or

A( formerly required to be maintained in accordance

with such section, but only during the period that begins

on the date that the maintenance requirement in such

section ceases to apply to such account and ends on the

last day of the eighteenth month that begins on or after

such date;@.

(2) Resources.--Section 1613(a)(12) of such Act (42 U.S.C.

1382b(a)(12) is amended to read as follows:

A(12) any account, including accrued interest or other

earnings thereon--

A(A) required to be maintained in accordance with

section 1631(a)(2)(F); or

A( formerly required to be maintained in accordance

with such section, but only--

A(i) during the period that begins on the date

that the maintenance requirement in such section

ceases to apply to such account and ends on the last

day of the eighteenth month that begins on or after

such date; and

A(ii) to the extent the assets in such account

do not exceed the assets held in such account on the

day preceding such date;@.

© Effective Date.--The amendments made by this section shall

be effective on the first day of the first month that begins after

the date of enactment of this Act.

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SEC. 202. TREATMENT OF UNIFORMED SERVICE COMPENSATION.

(a) Treatment of Special Pay and Allowances.--

(1) Section 1612(a)(1)(A) of the Social Security Act (42

U.S.C. 1382a(a)(1)(A)) is amended by inserting " (and cash

remuneration paid for service as a member of a uniformed service

(other than payments described in paragraph (2)(H)), without

regard to the limitations contained in section 209(d)) "

immediately before the semi-colon.

(2) Section 1612(a)(2) of such Act (42 U.S.C. 1382a(a)(2))

is amended--

(A) by striking " and " at the end of subparagraph (F);

( by striking the period at the end of subparagraph

(G) and inserting " ; and " ; and

© by adding at the end the following new

subparagraph:

" (H) payments to or on behalf of a member of a

uniformed service for housing of such member (and his or

her dependents, if any) on a facility of a uniformed service,

including payments provided under section 403 of title

37, United States Code, for housing that is acquired or

constructed under subchapter IV of chapter 169 of part

IV of subtitle A of title 10, United States Code, or any

related provision of law, which shall be deemed to be

support and maintenance in-kind subject to the provisions

of subparagraph (A). " .

( Effective Date.--The amendments made by this section shall

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be effective with respect to benefits payable for months beginning

90 or more days after the date of the enactment of this Act.

SEC. 203. REVIEW OF STATE AGENCY BLINDNESS AND DISABILITY

DETERMINATIONS.

Section 1633 of the Social Security Act (42 U.S.C. 1383b) is

amended by adding at the end the following new subsection:

A(e)(1) The Commissioner of Social Security shall review

determinations, made by State agencies pursuant to subsection (a)

in connection with applications for benefits under this title on

the basis of blindness or disability, that an individual who has

attained 18 years of age is blind or disabled. Any such review shall

be completed before any action is taken with respect to the

implementation of any such determination.

A(2) In carrying out paragraph (1), the Commissioner of Social

Security shall--

A(A) review--

A(i) with respect to fiscal year 2006, at least 25

percent of all such determinations that are made in such

year after March 31 thereof or, if later, the date of the

enactment of this Act; and

A(ii) with respect to any fiscal year after 2006,

at least 50 percent of all such determinations that are

made in such year; and

A( to the extent feasible, select for review those

determinations which the Commissioner of Social Security

identifies as being the most likely to be incorrect.@.

[Guest guest]

I am not positive, partly becuz with my web tv I am unable to access a pdf

but...

I think this is NOT supporting what the bank was trying to say. We ARE the

representative payees for our children.(altho this section is discussing

disabled childrens funds, not dependant childrens monies of kids whose checks

are becuz of the parent(s) being disabled) This does say we would be exempt

from needing a dedicated account, tho- I am pretty sure- specifically beucz we

are the representative payee and also the parents.

Our bank refused to deposit the checks into our account saying we had to put

them in accounts for the kids. (nevermind we have been doing so for 16 years

already)

So, no, I do not think this explains it at all.....this seems more to defend

what " I " said. Not the bank.