Supplemental Security Income Restoration Act of 2019

To amend title XVI of the Social Security Act to update eligibility for the supplemental security income program, and for other purposes. 1. Short title This Act may be cited as the Supplemental Security Income Restoration Act of 2019 2. Update in eligibility for the supplemental security income program (a) Update in general income exclusion Section 1612(b)(2)(A) of the Social Security Act ( 42 U.S.C. 1382a(b)(2)(A) $240 $1,476 (increased as described in section 1617(d) for each calendar year after 2020) (b) Update in earned income exclusion Section 1612(b)(4) of such Act ( 42 U.S.C. 1382a(b)(4) $780 $4,788 (increased as described in section 1617(d) for each calendar year after 2020) (c) Update in resource limit for individuals and couples Section 1611(a)(3) of such Act ( 42 U.S.C. 1382(a)(3) (1) in subparagraph (A), by striking $2,250 $20,000 in calendar year 2020, and shall be increased as described in section 1617(d) for each subsequent calendar year. (2) in subparagraph (B), by striking $1,500 $10,000 in calendar year 2020, and shall be increased as described in section 1617(d) for each subsequent calendar year. (d) Inflation adjustment Section 1617 of such Act ( 42 U.S.C. 1382f (1) in the section heading, by inserting ; inflation adjustment benefits (2) by adding at the end the following: (d) In the case of any calendar year after 2020, each of the amounts specified in sections 1611(a)(3), 1612(b)(2)(A), and 1612(b)(4) shall be increased by multiplying each such amount by the quotient (not less than 1) obtained by dividing— (1) the average of the Consumer Price Index for Elderly Consumers (CPI–E, as published by the Bureau of Labor Statistics of the Department of Labor) for the 12-month period ending with September of the preceding calendar year, by (2) such average for the 12-month period ending with September 2019. . 3. Support and maintenance furnished in kind not included as income (a) In general Section 1612(a)(2) of such Act ( 42 U.S.C. 1382a(a)(2) (1) by inserting (other than support or maintenance furnished in kind) all other income (2) in subparagraph (A)— (A) by striking or kind (B) by striking clause (i) and redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and (C) in clause (ii) (as so redesignated), by striking and the provisions of clause (i) shall not be applicable (b) Conforming amendments (1) Section 1611(c) of such Act ( 42 U.S.C. 1382(c) (2) Section 1612(a)(2) of such Act ( 42 U.S.C. 1382a(a)(2) (A) in subparagraph (F), by inserting and (B) in subparagraph (G), by striking ; and (C) by moving subparagraph (G) 2 ems to the right; and (D) by striking subparagraph (H). (3) Section 1621(c) of such Act ( 42 U.S.C. 1382j(c) (c) In determining the amount of income of an alien during the period of 5 years after such alien's entry into the United States, support or maintenance furnished in cash to the alien by such alien's sponsor (to the extent that it reflects income or resources which were taken into account in determining the amount of income and resources to be deemed to the alien under subsection (a) or (b) of this section) shall not be considered to be income of such alien under section 1612(a)(2)(A). . 4. Repeal of penalty for disposal of resources for less than fair market value Section 1613(c) of such Act ( 42 U.S.C. 1382b(c) (c) Notification of Medicaid Policy Restricting Eligibility of Institutionalized Individuals for Benefits Based on Disposal of Resources for Less Than Fair Market Value (1) In general At the time an individual (and the individual's eligible spouse, if any) applies for benefits under this title, and at the time the eligibility of an individual (and such spouse, if any) for such benefits is redetermined, the Commissioner of Social Security shall— (A) inform such individual of the provisions of section 1917(c) providing for a period of ineligibility for benefits under title XIX for individuals who make certain dispositions of resources for less than fair market value, and inform such individual that information obtained pursuant to subparagraph (B) will be made available to the State agency administering a State plan under title XIX (as provided in paragraph (2)); and (B) obtain from such individual information which may be used by the State agency in determining whether or not a period of ineligibility for such benefits would be required by reason of section 1917(c). (2) Provision of information to State Medicaid agencies The Commissioner of Social Security shall make the information obtained under paragraph (1)(B) available, on request, to any State agency administering a State plan approved under title XIX. . 5. Repeal of marriage penalty (a) In general Section 1611(b)(2) of the Social Security Act ( 42 U.S.C. 1382f(b)(2) payable at the rate of payable— (A) for calendar years 1974 through 2019, at the rate of $2,628 (or, if greater, the amount determined under section 1617); and (B) for calendar year 2020 and any calendar year thereafter, at twice the rate applicable for such calendar year under paragraph (1) for an individual who does not have an eligible spouse, reduced by the amount of income, not excluded pursuant to section 1612(b), of such individual and spouse. . (b) Conforming amendment Section 1617(a)(1) of such Act ( 42 U.S.C. 1382(a)(1) subsections (a)(1)(A), (a)(2)(A), (b)(1), and (b)(2) subsections (a)(1)(A), (a)(2)(A), and (b)(1) 6. Clarifying the treatment of certain State tax credits Title XVI of the Social Security Act ( 42 U.S.C. 1382a (1) in section 1612(b)(19), by striking and any payment credit) and any refund of State income taxes made to such individual (or such spouse) by reason of a State earned income tax credit (as defined by the Secretary) (2) in section 1613(a)(11)— (A) in subparagraph (A), by inserting , and any refund of State income taxes made to such individual (or such spouse) by reason of a State child tax credit (as defined by the Secretary) (B) in subparagraph (B), by striking and any payment credit) and any refund of State income taxes made to such individual (or such spouse) by reason of a State earned income tax credit (as defined by the Secretary) 7. Effective date The amendments made by this Act shall take effect on January 1, 2020.

Summary: Supplemental Security Income Restoration Act of 2019 This bill modifies eligibility for, and other components of, Supplemental Security Income (SSI). This needs-based program, administered by the Social Security Administration, provides cash benefits to the aged, blind, and disabled. Among other changes, the bill increases income and resource limits used to determine SSI eligibility. Current law excludes from income limits the first $240 of income from sources other than earnings and the first $780 of earned income. The bill increases these amounts to $1,476 and $4,788, respectively. Current law also allows SSI recipients to have $2,000 in resources if they are single or $3,000 in resources if they are married. The bill increases those amounts to $10,000 and $20,000, respectively. The bill also excludes from income and resource determinations (1) support furnished in kind, and (2) state tax refunds derived from specified state tax credits. In addition, the bill equalizes treatment of married couples when both spouses receive SSI. Under current law, such a married couple receives a lower benefit amount and is subject to lower income and resource limits than would apply to two unmarried individuals. The bill instead sets benefit amounts and limits for these married couples at a rate that is twice that of unmarried SSI recipients. Additionally, the bill eliminates the penalty for transfers of certain resources. Under current law, SSI recipients who transfer resources for less than fair market value may lose SSI eligibility for up to 36 months. The bill repeals this loss of eligibility. The bill also indexes annual benefit increases to a price index that reflects the spending patterns of elderly consumers.