Sec. 102. REDUCING THE BURDEN ON FAMILIES
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## SEC. 102 REDUCING THE BURDEN ON FAMILIES ###
(a)Title II Section 205(j)(3) of the Social Security Act (42 U.S.C. 405(j)(3)) is amended— ####
(1)by redesignating subparagraphs
(D)through
(G)as subparagraphs
(E)through (H), respectively; ####
(2)by inserting after subparagraph
(C)the following: > > ##### “(D) > > > ######
(i)> > Subparagraph
(A)shall not apply in any case where the other person to whom such payment is made is— > > > ###### “(I) > > a parent, or other individual who is a legal guardian of, a minor child entitled to such payment who primarily resides in the same household; > > > ###### “(II) > > a parent of an individual entitled to such payment who is under a disability (as defined in section 223(d)) who primarily resides in the same household; or > > > ###### “(III) > > the spouse of the individual entitled to such payment. > > > ###### “(ii) > > The Commissioner of Social Security shall establish and implement procedures as necessary for the Commissioner to determine the eligibility of such parties for the exemption provided in clause (i). The Commissioner shall prescribe such regulations as may be necessary to determine eligibility for such exemption.” > ; ####
(3)in subparagaph
(E)(as so redesignated), by striking “and (C)” and inserting “(C), and (D)”; and ####
(4)in subparagraph
(F)(as so redesignated), by striking “(D)” each place it appears and inserting “(E)”. ###
(b)Title VIII Section 807(h) of the Social Security Act (42 U.S.C. 1007(h)) is amended— ####
(1)by redesignating paragraphs
(3)through
(5)as paragraphs
(4)through (6), respectively; and ####
(2)by inserting after paragraph
(2)the following: > > #### “(3) > > > #####
(A)> > Paragraph
(1)shall not apply in any case where the other person to whom such payment is made is the spouse of the individual entitled to such payment. > > > ##### “(B) > > The Commissioner of Social Security shall establish and implement procedures as necessary for the Commissioner to determine the eligibility of such parties for the exemption provided in subparagraph (A). The Commissioner shall prescribe such regulations as may be necessary to determine eligibility for such exemption.” > . ###
(c)Title XVI Section 1631(a)(2)(C) of the Social Security Act (42 U.S.C. 1383(a)(2)(C)) is amended— ####
(1)by redesignating clauses
(iv)and
(v)as clauses
(v)and (vi), respectively; ####
(2)by inserting after clause
(iii)the following: > > ###### “(iv) > > > ######
(I)> > Clause
(i)shall not apply in any case where the representative payee is— > > > ###### “(aa) > > a parent, or other individual who is a legal guardian of, a minor child entitled to such payment who primarily resides in the same household; > > > ###### “(bb) > > a parent of an individual entitled to such payment who is under a disability who primarily resides in the same household; or > > > ###### “(cc) > > the spouse of the individual entitled to such payment. > > > ###### “(II) > > The Commissioner of Social Security shall establish and implement procedures as necessary for the Commissioner to determine the eligibility of such parties for the exemption provided in subclause (I). The Commissioner shall prescribe such regulations as may be necessary to determine eligibility for such exemption.” > ; ####
(3)in clause
(v)(as so redesignated), by striking “and (iii)” and inserting “(iii), and (iv)”; and ####
(4)in clause
(vi)(as so redesignated), by striking “(iv)” each time it appears and inserting “(v)”. ###
(d)Effective Date **[**[42 U.S.C. 405 note](/us/usc/t42/s405)**]** The amendments made by this section shall take effect on the date of the enactment of this Act.
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