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Title 42 — The Public Health and Welfare

Part A · Chapter 7 — Social Security

§ 1309. Amounts disregarded not to be taken into account in determining eligibility of other individuals

Statutory text

Any amount which is disregarded (or set aside for future needs) in determining the eligibility of and amount of the aid or assistance for any individual under a State plan approved under subchapter I, X, XIV, XVI, or XIX,1 shall not be taken into consideration in determining the eligibility of and amount of aid or assistance for any other individual under a State plan approved under any other of such subchapters.

Footnotes

  1. 1 So in original. The comma probably should not appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Housing Act of 1952

    Pub. L. 82–531 · 66 Stat. 601

    Enacted · 42 U.S.C. § 1309

    Aug. 14, 1935, ch. 531, title XI, § 1109, as added July 18, 1952, ch. 945, § 7, 66 Stat. 778

    Source evidence

    Code source credit
    Aug. 14, 1935, ch. 531, title XI, § 1109, as added July 18, 1952, ch. 945, § 7, 66 Stat. 778

  2. Pub. L. 87–543 title I § 141(c) · 76 Stat. 172

    1. Substituted · 42 U.S.C. § 1309

      Pub. L. 87–543 substituted reference to section 302(a)(10)(A) for 302(a)(7)

    2. Inserted · 42 U.S.C. § 1309

      Pub. L. 87–543 inserted references to section 1382(a)(14) and subchapter XVI

    Source evidence

    Code amendment note
    Pub. L. 87–543 substituted reference to section 302(a)(10)(A) for 302(a)(7) and inserted references to section 1382(a)(14) and subchapter XVI.

    Enacted provision · exact public law section
    (c) Section 1109 of such Act is amended by striking out “sections 2(a)(7), 402(a)(7), 1002(a)(8), and 1402(a)(8)” and inserting in lieu thereof “sections 2(a)(10)(A), 402(a)(7), 1002(a)(8), 1402(a)(8), and 1602(a)(14)” and by striking out “a State plan approved under title I, IV, X, or XIV” wherever it appears and inserting in lieu thereof “a State plan approved under title I, IV, X,XIV7orXVI”.

  3. Health Insurance for the Aged Act

    Pub. L. 89–97 title I § 121(c)(2) · 79 Stat. 288

    Substituted · 42 U.S.C. § 1309

    Pub. L. 89–97 substituted requirement that amounts disregarded be not taken into account in determining eligibility of other individuals, for former provisions which had provided that: “Notwithstanding the provisions of sections 302(a)(10)(A), 602(a)(7), 1202(a)(8), 1352(a)(8), and 1382(a)(14) of this title, a State plan approved under subchapter I, IV, X, XIV, or XVI of this chapter may until June 30, 1954, and thereafter shall provide that where earned income has been disregarded in determining the need of an individual receiving aid to the blind under a State plan approved under subchapter X of this chapter, the earned income so disregarded (but not in excess of the amount specified in section 1202(a)(8) of this title) shall not be taken into consideration in determining the need of any other individual for assistance under a State plan approved under subchapter I, IV, X, XIV, or XVI of this chapter”

    Source evidence

    Code amendment note
    Pub. L. 89–97 substituted requirement that amounts disregarded be not taken into account in determining eligibility of other individuals, for former provisions which had provided that: “Notwithstanding the provisions of sections 302(a)(10)(A), 602(a)(7), 1202(a)(8), 1352(a)(8), and 1382(a)(14) of this title, a State plan approved under subchapter I, IV, X, XIV, or XVI of this chapter may until June 30, 1954, and thereafter shall provide that where earned income has been disregarded in determining the need of an individual receiving aid to the blind under a State plan approved under subchapter X of this chapter, the earned income so disregarded (but not in excess of the amount specified in section 1202(a)(8) of this title) shall not be taken into consideration in determining the need of any other individual for assistance under a State plan approved under subchapter I, IV, X, XIV, or XVI of this chapter”.

    Enacted provision · exact public law section
    (2) Section 1109 of such Act is amended to read as follows: “Sec. 1109. “amounts disregarded not to be taken into account in determining eligibility of other individuals Any amount which is disregarded (or set aside for future needs) in determining the eligibility of and amount of the aid or assistance for any individual under a State plan approved under title I, IV, X, XIV, XVI, or XIX shall not be taken into consideration in determining the eligibility of and amount of aid or assistance for any other individual under a State plan approved under any other of such titles.”

  4. Social Security Amendments of 1967

    Pub. L. 90–248 title II § 241(c)(2) · 81 Stat. 821

    Struck and inserted · 42 U.S.C. § 1309

    Pub. L. 90–248 struck out “IV,” after “I,” and inserted “, or part A of subchapter IV,” after “XIX”

    Source evidence

    Code amendment note
    Pub. L. 90–248 struck out “IV,” after “I,” and inserted “, or part A of subchapter IV,” after “XIX”.

    Enacted provision · exact public law section
    (2) Section 1109 of such Act is amended by striking out “IV,”, 42 USC 1309. and by inserting after “XIX” the following: or part A of title IV,”.

  5. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 title I § 108(g)(1) · 110 Stat. 2105

    Struck · 42 U.S.C. § 1309

    Pub. L. 104–193 struck out “or part A of subchapter IV,” after “subchapter I, X, XIV, XVI, or XIX,”

    Source evidence

    Code amendment note
    Pub. L. 104–193 struck out “or part A of subchapter IV,” after “subchapter I, X, XIV, XVI, or XIX,”.

    Enacted provision · exact public law section
    (1) Section 1109 (42 U.S.C. 1309) is amended by striking “or part A of title IV”.

    Effective date note
    Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title.

5 of 6 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1962–1996 · 4 rounds

1996

Pub. L. 104–193 struck out “or part A of subchapter IV,” after “subchapter I, X, XIV, XVI, or XIX,”.

1968

Pub. L. 90–248 struck out “IV,” after “I,” and inserted “, or part A of subchapter IV,” after “XIX”.

1965

Pub. L. 89–97 substituted requirement that amounts disregarded be not taken into account in determining eligibility of other individuals, for former provisions which had provided that: “Notwithstanding the provisions of sections 302(a)(10)(A), 602(a)(7), 1202(a)(8), 1352(a)(8), and 1382(a)(14) of this title, a State plan approved under subchapter I, IV, X, XIV, or XVI of this chapter may until , and thereafter shall provide that where earned income has been disregarded in determining the need of an individual receiving aid to the blind under a State plan approved under subchapter X of this chapter, the earned income so disregarded (but not in excess of the amount specified in section 1202(a)(8) of this title) shall not be taken into consideration in determining the need of any other individual for assistance under a State plan approved under subchapter I, IV, X, XIV, or XVI of this chapter”.

1962

Pub. L. 87–543 substituted reference to section 302(a)(10)(A) for 302(a)(7) and inserted references to section 1382(a)(14) and subchapter XVI.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–193 effective , with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title.

Credits

1935–1996 · 5 acts
  1. 1935Aug. 14, 1935, ch. 531, title XI, § 1109, as added July 18, 1952, ch. 945, § 7, 66 Stat. 778
  2. 1962amended Pub. L. 87–543, title I, § 141(c), , 76 Stat. 205
  3. 1965Pub. L. 89–97, title I, § 121(c)(2), , 79 Stat. 352
  4. 1968Pub. L. 90–248, title II, § 241(c)(2), , 81 Stat. 917
  5. 1996Pub. L. 104–193, title I, § 108(g)(1), , 110 Stat. 2168.
Show as published

(Aug. 14, 1935, ch. 531, title XI, § 1109, as added July 18, 1952, ch. 945, § 7, 66 Stat. 778; amended Pub. L. 87–543, title I, § 141(c), , 76 Stat. 205; Pub. L. 89–97, title I, § 121(c)(2), , 79 Stat. 352; Pub. L. 90–248, title II, § 241(c)(2), , 81 Stat. 917; Pub. L. 104–193, title I, § 108(g)(1), , 110 Stat. 2168.)

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