Sec. 2. Increasing access to Social Security benefits for children who live with grandparents or other family members
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Title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) is amended— in section 202(d)— in paragraph (1)(C), by inserting except as provided in paragraph (9), before was dependent ; and by amending paragraph
(9)to read as follows: In the case of a child who is the child of an individual under clause
(3)of the first sentence of section 216(e) and is not a child of such individual under clause
(1)or
(2)of such first sentence, the criteria specified in subparagraph
(B)shall apply instead of the criteria specified in subparagraph
(C)of paragraph (1). The criteria of this subparagraph are that— the child has been living with such individual in the United States for a period of not less than 12 months; the child has been receiving not less than ½ of the child's support from such individual for a period of not less than 12 months; and the period during which the child was living with such individual began before the child attained age 18. In the case of a child who is less than 12 months old, such child shall be deemed to meet the requirements of subparagraph
(B)if, on the date the child attains 1 year of age, such child has lived with such individual in the United States and received at least ½ of the child's support from such individual for substantially all of the period which began on the date of such child's birth. ; and in section 216(e), in the first sentence— by striking grandchild or stepgrandchild of an individual or his spouse and inserting grandchild, stepgrandchild, or other first-degree, second-degree, third-degree, fourth-degree, or fifth-degree relative of an individual or the individual's spouse ; by striking was no natural or adoptive parent and inserting is no living natural or adoptive parent ; by striking was under a disability and inserting is under a disability ; by striking living at the time and all that follows through , or
(B)and inserting ,
(B); and by inserting , or
(C)the person has been in the custody of such individual pursuant to a court order for a period of not less than 12 months before the first period. Section 202(d)(1) of the Social Security Act ( 42 U.S.C. 402(d)(1) ) is amended— by striking subparagraphs (A), (B), and
(C)and inserting subparagraphs
(A)and
(B)and subparagraph
(C)or paragraph
(9)(as applicable) ; and by striking subparagraphs
(B)and
(C)and inserting subparagraph
(B)and subparagraph
(C)or paragraph
(9)(as applicable) . The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of enactment of this Act.
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Sec. 2
Increasing access to Social Security benefits for children who live with grandparents or other family members
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