I

103D CONGRESS

1ST SESSION H. R. 648

To amend title II of the Social Security Act to provide that, in determining

whether an individual applying for or receiving benefits based on disability is engaging in substantial gainful activity, a portion of the cost

of acquiring a van which is specially equipped for the individual’s disability and which the individual needs for transportation to work shall

be excluded from amounts treated as such individual’s earnings, and

to make conforming changes in title XVI.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 27, 1993

Mr. JACOBS introduced the following bill; which was referred to the Committee

on Ways and Means

A BILL

To amend title II of the Social Security Act to provide

that, in determining whether an individual applying for

or receiving benefits based on disability is engaging in

substantial gainful activity, a portion of the cost of acquiring a van which is specially equipped for the individual’s disability and which the individual needs for transportation to work shall be excluded from amounts treated

as such individual’s earnings, and to make conforming

changes in title XVI.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. EXCLUSION FROM EARNINGS OF PORTION OF

2 COST OF VAN NECESSARY FOR TRANSPOR3 TATION TO WORK IN DETERMINING ABILITY

4 TO ENGAGE IN SUBSTANTIAL GAINFUL AC5 TIVITY.

6 (a) BENEFITS UNDER TITLE II.—Section 223(d)(4)

7 of the Social Security Act (42 U.S.C. 423(d)(4)) is amend8 ed—

9 (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; and

10 (2) by adding at the end the following new sub11 paragraph:

12 ‘‘(B) A van which is specially equipped for the indi13 vidual’s disability and which the individual needs for

14 transportation to work shall be treated as equipment re15 ferred to in subparagraph (A), except that the cost of the

16 van taken into account for purposes of subparagraph (A)

17 shall consist of—

18 ‘‘(i) 100 percent of the cost of modifications ne19 cessitated by the individual’s disability, plus

20 ‘‘(ii) the lesser of 50 percent of the remaining

21 cost of the van or $12,000.

22 The Secretary shall prescribe regulations providing for ap23 propriate allocation over time of the costs referred to in

24 this subparagraph.’’.

25 (b) BENEFITS UNDER TITLE XVI.—
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1 (1) EXCLUSIONS FROM INCOME.—Section

2 1612(b)(4)(B)(ii) of such Act (42 U.S.C.

3 1382a(b)(4)(B)(ii)) is amended—

4 (A) by inserting ‘‘(I)’’ after ‘‘except that’’;

5 and

6 (B) by inserting after ‘‘prescribe,’’ the fol7 lowing: ‘‘and (II) the provisions of section

8 223(d)(4)(B) shall apply with respect to this

9 clause in the same manner and to the same ex10 tent as such provisions apply with respect to

11 section 223(d)(4)(A),’’.

12 (2) DETERMINATION OF SUBSTANTIAL GAINFUL

13 ACTIVITY.—Section 1614(a)(3)(D) of such Act (42

14 U.S.C. 1382c(a)(3)(D)) is amended—

15 (A) in the second sentence, by inserting

16 ‘‘(i)’’ after ‘‘except that’’; and

17 (B) by striking ‘‘prescribe.’’ and inserting

18 the following: ‘‘prescribe, and (ii) the provisions

19 of section 223(d)(4)(B) shall apply with respect

20 to this subparagraph in the same manner and

21 to the same extent as such provisions apply

22 with respect to section 223(d)(4)(A).’’.
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1 SEC. 2. EFFECTIVE DATE.

2 The amendments made by section 1 shall apply with

3 respect to vans purchased on or after the date of the en4 actment of this Act.

Æ