In determining the resources of an individual (and his eligible spouse, if any) there shall be excluded-
In determining the resources of an individual (or eligible spouse) an insurance policy shall be taken into account only to the extent of its cash surrender value; except that if the total face value of all life insurance policies on any person is $1,500 or less, no part of the value of any such policy shall be taken into account.
rounded, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months.
then, for purposes of this subsection, the payment described in clause (I) or the foreclosure of payment described in clause (II) shall be considered a transfer of resources by the individual or the individual's spouse as of the date of the payment or foreclosure, as the case may be.
1 So in original. Probably should be "Acquisition".
2 See References in Text note below.
42 U.S.C. § 1382b
EDITORIAL NOTES
REFERENCES IN TEXTThe Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (a)(10), is Pub. L. 91-646, Jan. 2, 1971, 84 Stat. 1894. Title II of the Act enacted subchapter II (§4621 et seq.) of chapter 61 of this title, amended sections 1415, 2473, and 3307 of this title and section 1606 of former Title 49, Transportation, repealed sections 1465 and 3074 of this title, section 2680 of Title 10, Armed Forces, sections 501 to 512 of Title 23, Highways, sections 1231 to 1234 of Title 43, Public Lands, and enacted provisions set out as notes under sections 4601 and 4621 of this title and under sections 501 to 512 of Title 23. For complete classification of title II to the Code, see Tables.The Internal Revenue Code of 1986, referred to in subsec. (a)(11), (13), is classified generally to Title 26, Internal Revenue Code.Section 203 of the Economic Growth and Tax Relief Reconciliation Act of 2001, referred to in subsec. (a)(11)(A), is section 203 of Pub. L. 107-16 which is set out as a note under section 24 of Title 26, Internal Revenue Code. Section 212(b) of Public Law 93-66 referred to in subsec. (c)(1)(A)(iv)(II), (F)(i), is section 212(b) of Pub. L. 93-66, title II, July 9, 1973, 87 Stat. 155, which is set out as a note under section 1382 of this title.Section 1396p(e)(3) of this title, referred to in subsec. (c)(1)(F)(ii), was redesignated section 1396p(h)(3) of this title by Pub. L. 109-171, title VI, §§6012(a), Feb. 8, 2006, 6014, Feb. 8, 2006, 120 Stat. 62, 64, 65.
AMENDMENTS2015-Subsec. (a)(17). Pub. L. 114-63, §2, repealed Pub. L. 111-255, §3(e). See 2010 Amendment note and Effective Date of 2015 Amendment note below.2010-Subsec. (a)(17). Pub. L. 111-255, §3(e), which directed the repeal of the amendment made by Pub. L. 111-255, §3(b), effective 5 years after Oct. 5, 2010, was itself repealed by Pub. L. 114-63, §2, effective as if included in Pub. L. 111-255. Pub. L. 111-255, §3(b), added par. (17). 2008-Subsec. (a)(16). Pub. L. 110-245 added par. (16).2004-Subsec. (a)(7). Pub. L. 108-203, §431(a), substituted "limited to the first 9 months" for "limited to the first 6 months" and struck out "(or to the first 9 months following such month with respect to any amount so received during the period beginning October 1, 1987, and ending September 30, 1989)" after "month in which such amount is received".Subsec. (a)(11). Pub. L. 108-203, §431(b), amended par. (11) generally. Prior to amendment, par. (11) read as follows: "for the month of receipt and the following month, any refund of Federal income taxes made to such individual (or such spouse) by reason of section 32 of the Internal Revenue Code of 1986 (relating to earned income tax credit), and any payment made to such individual (or such spouse) by an employer under section 3507 of such Code (relating to advance payment of earned income credit);".Subsec. (a)(14). Pub. L. 108-203, §101(c)(2), added par. (14).Subsec. (a)(15). Pub. L. 108-203, §435(b), added par. (15). 1999-Subsec. (c). Pub. L. 106-169, §206(a)(1), struck out "Notification of medicaid policy restricting eligibility of institutionalized individuals for benefits based on" before "Disposal" in subsec. heading.Subsec. (c)(1). Pub. L. 106-169, §206(a)(5), added par. (1). Former par. (1) redesignated (2)(A). Subsec. (c)(2)(A). Pub. L. 106-169, §206(a)(4), redesignated par. (1) as (2)(A).Subsec. (c)(2)(A)(i). Pub. L. 106-169, §206(a)(2)(A), (C), redesignated par. (1)(A) as (2)(A)(i), inserted "paragraph (1) and" after "provisions of", and substituted "benefits under this subchapter and subchapter XIX, respectively," for "benefits under subchapter XIX", "clause (ii)" for "subparagraph (B)", and "subparagraph (B)" for "paragraph (2)".Subsec. (c)(2)(A)(ii). Pub. L. 106-169, §206(a)(2)(B), (C), redesignated par. (1)(B) as (2)(A)(ii), struck out "by the State agency" after "which may be used", and substituted "paragraph (1) or section 1396p(c) of this title." for "section 1396p(c) of this title if such individual (or such spouse, if any) enters a medical institution or nursing facility."Subsec. (c)(2)(B). Pub. L. 106-169, §206(a)(3), redesignated par. (2) as (2)(B) and substituted "subparagraph (A)(ii)" for "paragraph (1)(B)".Subsec. (e). Pub. L. 106-169, §205(a), added subsec. (e). 1998-Subsec. (a)(13). Pub. L. 105-306 added par. (13).1996-Subsec. (a)(12). Pub. L. 104-193 added par. (12).1994-Subsec. (a)(2) to (4), (6). Pub. L. 103-296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" wherever appearing.Subsec. (a)(9) to (11). Pub. L. 103-296, §321(h)(2), struck out "and" at end of par. (9), substituted "; and" for period at end of par. (10) relating to relocation assistance, and redesignated par. (10) relating to refunds of Federal income taxes as (11).Subsecs. (b) to (d). Pub. L. 103-296, §107(a)(4), substituted "Commissioner of Social Security" for "Secretary" wherever appearing and "the Commissioner shall" for "he shall" in subsec. (d)(3).1990-Subsec. (a)(9). Pub. L. 101-508, §5031(b), added par. (9).Subsec. (a)(10). Pub. L. 101-508, §11115(b)(2), added par. (10) relating to refunds of Federal income taxes. Pub. L. 101-508, §5053(b), added par. (10) relating to relocation assistance.1989-Subsec. (a)(2)(B). Pub. L. 101-239, §8013(b), inserted "or agreement (including any interest accumulated thereon) representing the purchase of a burial space". Subsec. (a)(3). Pub. L. 101-239, §8014(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "other property which, as determined in accordance with and subject to limitations prescribed by the Secretary, is so essential to the means of self-support of such individual (and such spouse) as to warrant its exclusion;". 1988-Subsec. (a)(8). Pub. L. 100-647 added par. (8).Subsec. (c). Pub. L. 100-360 substituted "Notification of medicaid policy restricting eligibility of institutionalized individuals for benefits based on disposal of resources for less than fair market value" for "Disposal of resources for less than fair market value" in heading and amended text generally, substituting pars. (1) and (2) for former pars. (1) to (4).1987-Subsec. (a)(7). Pub. L. 100-203, §9114(a), inserted "(or to the first 9 months following such month with respect to any amount so received during the period beginning October 1, 1987, and ending September 30, 1989)" after "such amount is received". Subsec. (b). Pub. L. 100-203, §9103, designated existing provisions as par. (1) and added par. (2). Subsec. (c)(1). Pub. L. 100-203, §9104(a)(1), inserted ", and subject to paragraph (4) of this subsection" after "subsection (a) of this section".Subsec. (c)(4). Pub. L. 100-203, §9104(a)(2), added par. (4).Subsec. (d)(1). Pub. L. 100-203, §9105(a)(1), struck out "if the inclusion of any portion of such amount or amounts would cause the resources of such individual, or of such individual and spouse, to exceed the limits specified in paragraph (1) or (2) (whichever may be applicable) of section 1382(a) of this title" after "individual or spouse".Subsec. (d)(3). Pub. L. 100-203, §9105(a)(2), substituted "aside in cases where the inclusion of any portion of the amount would cause the resources of such individual, or of such individual and spouse, to exceed the limits specified in paragraph (1) or (2) (whichever may be applicable) of section 1382(a) of this title" for "aside". 1984-Subsec. (a)(7). Pub. L. 98-369, §2614, added par. (7).Subsec. (c). Pub. L. 98-369, §2663(g)(5), amended heading.1982-Subsec. (a)(2). Pub. L. 97-248, §185(a), redesignated existing provisions as subpar. (A) and added subpar. (B).Subsec. (d). Pub. L. 97-248, §185(b), added subsec. (d).1980-Subsec. (c). Pub. L. 96-611 added subsec. (c).1977-Subsec. (a)(6). Pub. L. 95-171 added par. (6).1976-Subsec. (a)(1). Pub. L. 94-569 struck out ", to the extent that its value does not exceed such amount as the Secretary determines to be reasonable" after "the home (including the land that appertains thereto)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114-63, §2, Oct. 7, 2015, 129 Stat. 549, provided that the repeal of section 3(e) of Pub. L. 111-255 is effective as if included in the enactment of Pub. L. 111-255.
EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111-255 effective on the earlier of the effective date of final regulations promulgated by the Commissioner of Social Security to carry out such amendment or 180 days after Oct. 5, 2010, see section 3(d) of Pub. L. 111-255 set out as an Effective and Termination Dates of 2010 Amendment note under section 1382a of this title.
EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-245 effective with respect to benefits payable for months beginning after 60 days after June 17, 2008, see section 204 of Pub. L. 110-245 set out as a note under section 1382a of this title.
EFFECTIVE DATE OF 2004 AMENDMENT Amendment by section 101(c)(2) of Pub. L. 108-203 applicable to any case of benefit misuse by a representative payee with respect to which the Commissioner of Social Security makes the determination of misuse on or after Jan. 1, 1995, see section 101(d) of Pub. L. 108-203 set out as a note under section 405 of this title. Pub. L. 108-203, title IV, §431(c), Mar. 2, 2004, 118 Stat. 539, provided that: "The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Mar. 2, 2004], and shall apply to amounts described in paragraph (7) of section 1613(a) of the Social Security Act [subsec. (a)(7) of this section] and refunds of Federal income taxes described in paragraph (11) of such section, that are received by an eligible individual or eligible spouse on or after such date."Amendment by section 435(b) of Pub. L. 108-203 applicable to benefits payable for months that begin more than 90 days after Mar. 2, 2004, see section 435(c) of Pub. L. 108-203 set out as a note under section 1382a of this title.
EFFECTIVE DATE OF 1999 AMENDMENT Amendment by section 205(a) of Pub. L. 106-169 effective Jan. 1, 2000, and applicable to trusts established on or after such date, see section 205(d) of Pub. L. 106-169 set out as a note under section 1382a of this title. Pub. L. 106-169, title II, §206(c), Dec. 14, 1999, 113 Stat. 1837, provided that: "The amendments made by this section [amending this section and section 1396a of this title] shall be effective with respect to disposals made on or after the date of the enactment of this Act [Dec. 14, 1999]."
EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-306 applicable to gifts made on or after the date that is 2 years before Oct. 28, 1998, see section 7(c) of Pub. L. 105-306 set out as a note under section 1382a of this title.
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 213(b) of Pub. L. 104-193 applicable to payments made after Aug. 22, 1996, see section 213(d) of Pub. L. 104-193 set out as a note under section 1382a of this title.
EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103-296 set out as a note under section 401 of this title. Pub. L. 103-296, title III, §321(h)(3), Aug. 15, 1994, 108 Stat. 1544, provided that: "The amendments made by this subsection [amending this section and section 1383 of this title] shall take effect on the date of the enactment of this Act [Aug. 15, 1994]."
EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 5031(b) of Pub. L. 101-508 applicable with respect to benefits for months beginning on or after the first day of the 6th calendar month following November 1990, see section 5031(d) of Pub. L. 101-508 set out as a note under section 1382a of this title. Amendment by section 5035(b) of Pub. L. 101-508 applicable with respect to benefits for calendar months beginning on or after the first day of the 6th calendar month following November 1990, see section 5035(c) of Pub. L. 101-508 as amended, set out as a note under section 1382a of this title.Amendment by section 11115(b)(2) of Pub. L. 101-508 applicable to determinations of income or resources made for any period after Dec. 31, 1990, see section 11115(e) of Pub. L. 101-508 set out as a note under section 1382a of this title.
EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 8013(b) of Pub. L. 101-239 effective on 1st day of 4th month beginning after Dec. 19, 1989, see section 8013(c) of Pub. L. 101-239 set out as a note under section 1382a of this title. Pub. L. 101-239, title VIII, §8014(b), Dec. 19, 1989, 103 Stat. 2465, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the 1st day of the 5th calendar month beginning after the date of the enactment of this Act [Dec. 19, 1989]."
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-647 effective as though included in section 162 of Housing and Community Development Act of 1987, Pub. L. 100-242, at the time of its enactment, on Feb. 5, 1988, see section 8103(c) of Pub. L. 100-647 set out as a note under section 1382a of this title. Amendment by Pub. L. 100-360 applicable to transfers occurring on or after July 1, 1988, without regard to whether or not final regulations to carry out such amendment have been promulgated by such date, see section 303(g)(3) of Pub. L. 100-360 set out as a note under section 1396r-5 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100-203, title IX, §9103(b), Dec. 22, 1987, 101 Stat. 1330-301, provided that: "The amendments made by subsection (a) [amending this section] shall become effective April 1, 1988."Pub. L. 100-203, title IX, §9104(b), Dec. 22, 1987, 101 Stat. 1330-301, provided that: "The amendments made by subsection (a) [amending this section] shall become effective April 1, 1988."Pub. L. 100-203, title IX, §9105(b), Dec. 22, 1987, 101 Stat. 1330-301, provided that: "The amendments made by subsection (a) [amending this section] shall become effective April 1, 1988."Pub. L. 100-203, title IX, §9114(b), Dec. 22, 1987, 101 Stat. 1330-304, provided that: "The amendment made by subsection (a) [amending this section] shall become effective January 1, 1988."
EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 2614 of Pub. L. 98-369 effective Oct. 1, 1984, except as otherwise specifically provided, see section 2646 of Pub. L. 98-369 set out as a note under section 657 of this title.Amendment by section 2663(g)(5) of Pub. L. 98-369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98-369 set out as a note under section 401 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97-248, title I, §185(c), Sept. 3, 1982, 96 Stat. 407, provided that: "The amendment made by this section [amending this section] shall take effect on the first day of the second month after the month in which this Act is enacted [September 1982]."
EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96-611, §5(c), Dec. 28, 1980, 94 Stat. 3568, provided that: "The amendment made by subsection (a) [amending this section] shall be effective with respect to applications for benefits under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.] filed on or after the first day of the first month which begins at least 60 days after the date of enactment of this Act [Dec. 28, 1980]."
EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95-171, §9(b), Nov. 12, 1977, 91 Stat. 1356, provided that: "The amendment made by this section [amending this section] shall be effective July 1, 1976, with respect to catastrophes which occurred on or after June 1, 1976, and before December 31, 1976. With respect to catastrophes which occurred on or after December 1, 1976, the amendment made by this section shall be effective the first day of the calendar quarter following enactment of this Act [Nov. 12, 1977]."
EFFECTIVE DATE Pub. L. 92-603 title III, §301, Oct. 30, 1972, 86 Stat. 1465, provided that this section is effective Jan. 1, 1974.
APPLICATION TO NORTHERN MARIANA ISLANDS For applicability of this section to the Northern Mariana Islands, see section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 6593, set out as notes under section 1801 of Title 48, Territories and Insular Possessions.
PUERTO RICO, GUAM, AND VIRGIN ISLANDS Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not applicable to Puerto Rico, Guam, and the Virgin Islands, see section 303(b) of Pub. L. 92-603 set out as a note under section 301 of this title.
- United States
- The term "United States" means (but only for purposes of subparagraphs (A) and (B) of this paragraph) the fifty States and the District of Columbia.
- corporation
- The term "corporation" includes associations, joint-stock companies, and insurance companies.
- owner
- The term "owner" means, with respect to federally assisted housing, the entity or private person, including a cooperative or public housing agency, that has the legal right to lease or sublease dwelling units in such housing.
- person
- The term "person" means an individual, a trust or estate, a partnership, or a corporation.
- Secretary
- the term "Secretary" means- (A) the Secretary of Education for purposes of subtitle A (other than section 3201),(B) the Secretary of Agriculture for purposes of the amendments made by section 3201, and(C) the Secretary of Health and Human Services for purposes of subtitle B,