Sec. 107. Providing caregiver credits for Social Security
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Title II of the Social Security Act is amended by adding after section 234 ( 42 U.S.C. 434 ) the following new section: For purposes of this section— Subject to subparagraph (B), the term qualifying year means, in connection with an individual, any calendar year during which such individual was engaged for not less than 960 hours in providing care to a dependent relative without monetary compensation. The term qualifying year does not include any year ending after the date on which such individual attains retirement age (as defined in section 216(l)).
The term dependent relative means, in connection with an individual— a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), or a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, who is under the age of 12; or a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, a parent, grandparent, sibling, aunt, or uncle (of such individual or his or her spouse or domestic partner), or such individual’s spouse or domestic partner, if such child, grandchild, niece, nephew, parent, grandparent, sibling, aunt, uncle, spouse, or domestic partner is a chronically dependent individual.
The term chronically dependent individual means an individual who— is dependent on a daily basis on verbal reminding, physical cueing, supervision, or other assistance provided to the individual by another person in the performance of at least two of the activities of daily living (described in subparagraph (B)) or instrumental activities of daily living (described in subparagraph (C)); and without the assistance described in clause (i), could not perform such activities of daily living or instrumental activities of daily living.
The activities of daily living referred to in subparagraph
(A)means basic personal everyday activities, including— eating; bathing; dressing; toileting; and transferring in and out of a bed or in and out of a chair. The instrumental activities of daily living referred to in subparagraph
(A)means activities related to living independently in the community, including— meal planning and preparation; managing finances; shopping for food, clothing, or other essential items; performing essential household chores; communicating by phone or other form of media; and traveling around and participating in the community. For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 2024, or entitlement to any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, including for purposes of determining such individual’s insured status for purposes of sections 214, 216(i)(3), and 223(c), such individual shall be deemed to have been paid during each qualifying year (in addition to wages or self-employment income actually paid to or derived by such individual during such year) at an amount per year equal to— in the case of a qualifying year during which no wages, self-employment income, or earnings from noncovered service were actually paid to or derived by such individual, 50 percent of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding such calendar year; and in the case of any other qualifying year, the excess of the amount determined under clause
(i)over 1/2 of the wages, self-employment income, and earnings from noncovered service actually paid to or derived by such individual during such year. In any case in which there are more than 5 qualifying years for an individual, the 5 qualifying years taken into account for purposes of this section shall be the 5 qualifying years (whether or not consecutive) which result in the largest monthly benefits payable under this title on the basis of the wages and self-employment income of the individual for months after December 2024. For purposes of this paragraph, the term earnings from noncovered service means earnings for service which did not constitute employment as defined in section 210 for purposes of this title. Paragraph
(1)shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. Any assistance or support services provided to caregivers under section 1720G of title 38, United States Code, shall not be considered wages or self-employment income for the purposes of this section. Not later than 1 year after the date of the enactment of this section, the Commissioner of Social Security shall promulgate such regulations as are necessary to carry out this section and to prevent fraud and abuse with respect to the benefits under this section, including regulations establishing procedures for the application and certification requirements described in paragraph (2). A qualifying year shall not be taken into account under this section with respect to an individual unless— the individual submits to the Commissioner of Social Security an application under this section that includes— the name and identifying information of the dependent relative with respect to whom the individual was engaged in providing care during such year; if the dependent relative is not a child under the age of 12, documentation from the physician of the dependent relative explaining why the dependent relative is a chronically dependent individual; and such other information as the Commissioner may require to verify the status of the dependent relative; and for every qualifying year that occurs after the first qualifying year, the individual certifies, in such form and manner as the Commissioner shall require, that the information provided in the individual’s application under this section has not changed. . Section 209(k)(1) of such Act ( 42 U.S.C. 409(k)(1) ) is amended— by striking and before 230(b)(2) the first time it appears; and by inserting and 235(b)(1)(A)(i), after 1977), . The amendments made by this section shall apply with respect to individuals who become eligible for monthly insurance benefits (or die before becoming so eligible) after 2024 and before 2035, except that such amendments shall not apply for purposes of determining continuing eligibility or monthly benefit amounts for monthly insurance benefits for any month after calendar year 2034.
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