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Removes rules that let marriage or a spouse’s income reduce or cut off Social Security disability-based child benefits and updates related Social Security and Medicaid rules. It changes how marital status is treated across Title II (Social Security retirement/disability) and Title XVI (Supplemental Security Income), prevents one spouse’s income and resources from being counted as the other’s for certain DAC-related eligibility tests, modernizes gendered language, and states Congress’s view that Disabled Adult Children should not lose Medicare/Medicaid/Social Security benefits because of marriage, moves, or changes in residency.
Amend Section 202(d) of the Social Security Act (42 U.S.C. 402(d)) by revising paragraph (1)(B) with text described as “by striking ;”.
Amend Section 202(d) paragraph (1)(D) to read: “the month in which such child dies;; and”.
Amend Section 202(d) by striking paragraph (5).
Conforming amendment to Section 202(s)(2) of the Social Security Act (42 U.S.C. 402(s)(2)) described as “by striking .”.
Amend Section 1614(d) of the Social Security Act by replacing the existing exception language with a rule: if two individuals have been determined to be married under section 216(h)(1) for purposes of Title II, they shall be considered (from the date of such determination or the date of their application for benefits under Title XVI, whichever is later) to be married for purposes of Title XVI.
Who is affected and how:
Disabled adult children (DAC beneficiaries): Direct beneficiaries. The bill prevents marriage from being used to reduce or terminate certain disability-based child’s benefits and shields DACs from having their spouse's income automatically counted for benefit tests in the situations covered. That means married DACs who would otherwise lose or see reduced Social Security or SSI benefits because of marriage or spousal income deeming should retain benefits or face fewer reductions.
Spouses of DAC beneficiaries: May see that their income and resources cannot be imputed to their DAC spouse for the specified child’s benefit determinations; this preserves the DAC’s eligibility even where the household has combined income.
Medicare and Medicaid enrollees: The bill affirms that access to Medicare and Medicaid for DACs should not be cut off by marital status or residency changes. For Medicaid, the bill adds a provision that identifies married persons who would be eligible if unmarried in States that exercise a particular statutory option; however, the provided text does not complete the implementing action, so State-by-State effects depend on later guidance or completing language.
Social Security Administration (federal) and State Medicaid agencies: Administrative and operational impacts include revising eligibility rules, guidance, application forms, IT systems, training front-line staff, and processing potential additional caseload or re-openings. SSA will need to apply the new Title II-to-XVI linkage and the new rule refusing spousal imputations in relevant cases.
Program budgets: The legislation does not appropriate new funds but may increase program costs if more married DACs retain Social Security, SSI, Medicare, or Medicaid benefits. Exact fiscal impacts are not stated in the provided text and would depend on caseload and the details of the unfinished Medicaid provision.
Legal/benefit clarity and equity: The bill reduces a long-standing "marriage penalty" for a vulnerable population and modernizes language to be gender neutral, improving clarity and consistency across Titles II and XVI. The incomplete Medicaid clause may require additional rulemaking or statutory clarification to finish implementing the intended protections.
Overall, the legislation primarily protects a narrowly defined vulnerable population (Disabled Adult Children) from losing or having benefits reduced due to marriage or spousal income counting, while imposing administrative updates on federal and State benefit agencies; no explicit funding is included to offset potential increased costs.
Replaces the existing 'except that' exception at the end of 42 U.S.C. 1382c(d) with a rule that individuals determined married under section 216(h)(1) for title II are considered married for purposes of title XVI, effective from the date of that determination or the date of application for benefits, whichever is later.
Modifies subsection (d) of 42 U.S.C. 402 by removing specified text from paragraph (1)(B), replacing the text of paragraph (1)(D) with new wording, and striking paragraph (5).
Amends subsection (s)(2) of 42 U.S.C. 402 by striking specified text from that subsection.
Adds a new subsection (e) to 42 U.S.C. 1383(c) establishing that, for States that exercise the option under section 1902(f), certain married individuals entitled to a child's insurance benefit under section 202(d) (and their spouses) who would be eligible for medical assistance under the State plan approved under title XIX if unmarried are covered by the provision.
Adds a new paragraph (5) to subsection (f) of 42 U.S.C. 1382c establishing that, notwithstanding paragraph (1), for purposes of determining eligibility for and the amount of benefits for a married individual entitled to a child’s insurance benefit based on a disability under section 202(d), or for the spouse of such an individual, the income and resources of one spouse shall not include any income or resources of the other spouse.
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Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced February 14, 2025 by James Varni Panetta · Last progress February 14, 2025
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced in House