I
103D CONGRESS
1ST SESSION
H. R. 3264
To amend titles XVI and XIX of the Social Security Act to improve work
incentives for people with disabilities.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 12, 1993
Mr. STARK (for himself, Mr. RAMSTAD, and Mr. BEILENSON) introduced the
following bill; which was referred jointly to the Committees on Ways and
Means and Energy and Commerce
A BILL
To amend titles XVI and XIX of the Social Security Act
to improve work incentives for people with disabilities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Work Incentives
Amendments of 1993’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—ACCESS TO SSI WORK INCENTIVES
Sec. 101. Access to work incentives under SSI for SSDI-only recipients who
lose eligibility for SSDI benefits because of working.
TITLE II—WORK INCENTIVES WAIVER AUTHORITY
Sec. 201. Eligibility of certain individuals with disabilities for coverage under
Medicaid home and community-based care waivers.
Sec. 202. Waiver authority.
TITLE III—AMENDMENTS TO WORK INCENTIVES PROVISIONS
Sec. 301. Disregard deemed income of ineligible spouse when determining con-
tinued Medicaid eligibility under section 1619(b).
Sec. 302. Continuation of Medicaid for the aged who lose SSI due to excess
earnings.
Sec. 303. Self-support plans not disapproved within 30 days to be deemed ap-
proved.
Sec. 304. Regulations regarding completion of self-support plans.
Sec. 305. Exclusion of income and resources under self-support plans in deter-
mining Medicaid eligibility in ‘‘section 209(b)’’ States.
Sec. 306. Expansion of self-support plans to include housing goals.
Sec. 307. Self-support plans for the aged.
Sec. 308. Additional State supplementation requirement.
Sec. 309. Treatment of unemployment compensation, worker’s compensation,
and sick pay as earned income for SSI purposes.
Sec. 310. Treatment of certain grant, scholarship, or fellowship income as
earned income for SSI purposes.
Sec. 311. SSI eligibility for students temporarily abroad.
TITLE IV—EFFECTIVE DATE
Sec. 401. Effective date.
TITLE I—ACCESS TO SSI WORK
INCENTIVES
SEC. 101. ACCESS TO WORK INCENTIVES UNDER SSI FOR
SSDI-ONLY RECIPIENTS WHO LOSE ELIGI-
BILITY FOR SSDI BENEFITS BECAUSE OF
WORKING.
(a) IN GENERAL.—Section 1619 of the Social Secu-
rity Act (42 U.S.C. 1382h) is amended—
(1) in subsection (a), by adding at the end the
following:
‘‘(3) Notwithstanding paragraph (1) of this sub-
section, a qualified individual shall not be required to have
been eligible to receive benefits under section 1611 (or a
State supplementary payment) for a month in order to
qualify for a monthly benefit under this subsection.’’;
(2) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘(or, in
the case of a qualified individual, because of his
or her resources)’’; and
(B) by adding at the end the following:
‘‘(4)(A) The requirement in paragraph (1) of this
subsection, that an individual must have been eligible to
receive a benefit under section 1611 or any federally ad-
ministered State supplementary payment for a month,
shall not apply to any qualified individual.
‘‘(B) In applying paragraph (1) of this subsection to
a qualified individual, the Secretary shall, for 12-month
period beginning 3 months after the end of the individual’s
period of trial work (as defined in section 222(c)), dis-
regard that portion of the resources of the individual, as
of the beginning of such 12-month period, that exceeds
the amount which would otherwise result in the ineligibil-
ity of the individual for benefits under this title.’’; and
(3) by adding at the end the following:
‘‘(e) Benefits paid under subsection (d)(1)(B)(ii),
(d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), or (f)(1)(B)(ii) of
section 202 or under subsection (a)(1) of section 223 dur-
ing the last 33 months of the 36-month period referred
to in section 223(e) in the case of a qualified individual
shall not be considered in determining whether such indi-
vidual meets the requirements of subsection (b)(1)(B).
‘‘(f) As used in this section, the term ‘qualified indi-
vidual’ means an individual—
‘‘(1) who has been entitled to benefits under
subsection (d), (e), or (f) of section 202 based on
disability, or disability insurance benefits under sec-
tion 223;
‘‘(2) who is notified by the Secretary that he or
she has engaged in substantial gainful activity; and
‘‘(3) who files an application for benefits under
this title before the end of the 3-month period begin-
ning with the date of the notification referred to in
paragraph (2).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date of the enact-
ment of this Act, and shall apply with respect to periods
of trial work (as defined in 222(c) of the Social Security
Act) ending on or after the date that is 3 months before
such date of enactment.
TITLE II—WORK INCENTIVES
WAIVER AUTHORITY
SEC. 201. ELIGIBILITY OF CERTAIN INDIVIDUALS WITH DIS-
ABILITIES FOR COVERAGE UNDER MEDICAID
HOME AND COMMUNITY-BASED CARE WAIV-
ERS.
(a) IN GENERAL.—Section 1915(c) of the Social Se-
curity Act (42 U.S.C. 1396n(c)) is amended by adding at
the end the following new paragraph:
‘‘(11)(A) At the request of a State, the State plan
may provide services under a waiver under this subsection
to any individual described as follows (but only if such
individual would otherwise be entitled to services under the
waiver):
‘‘(i) An individual who receives benefits under
subsection (d), (e), or (f) of section 202 based on
disability, or disability insurance benefits under sec-
tion 223.
‘‘(ii) An individual who would be entitled to
benefits under subsection (d), (e), or (f) of section
202 based on disability, disability insurance benefits
under section 223, or benefits under title XVI on the
basis of a disability, if the individual’s earnings did
not exceed the applicable criteria used by the Sec-
retary to determine whether an individual has dem-
onstrated an ability to engage in substantial gainful
activity.
‘‘(B) In the case of an individual described in sub-
paragraph (A)(ii), a waiver under this subsection may also
include a waiver of the provisions of section 1903(f)(4)(C)
requiring the Secretary to disregard subsection (b) of sec-
tion 1612 in determining whether the individual’s income
exceeds 300 percent of the supplemental security income
benefit rate established by section 1611(b)(1).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to waivers under section 1915(c)
of the Social Security Act for quarters beginning 90 or
more days after the date of the enactment of this Act.
SEC. 202. WAIVER AUTHORITY.
Part A of title XVI of the Social Security Act (42
U.S.C. 1381–1382j)) is amended by adding at the end the
following:
‘‘SEC. 1622. WORK INCENTIVES.
‘‘(a) REQUEST.—For the purpose of enabling individ-
uals who are aged, blind, or disabled individuals to work,
any State may request the Secretary to apply subsection
(c) with respect to the residents of the State.
‘‘(b) PROVISION OF WORK INCENTIVES.—The Sec-
retary shall apply subsection (c) with respect to the resi-
dents of a State that has submitted a request under sub-
section (a) if the Secretary finds that doing so would be
cost-effective and efficient and not inconsistent with the
purposes of this title, and would encourage work by indi-
viduals with severe disabilities.
‘‘(c) NATURE OF WORK INCENTIVES.—In determin-
ing whether any resident of the State is eligible for bene-
fits under this title and, if so, the amount of such bene-
fits—
‘‘(1) section 1612(b)(4) shall be applied—
‘‘(A) by substituting ‘not more than
$2,400 (as agreed upon by the Secretary and
the State in which the individual resides)’ for
‘$780’ each place such term appears; and
‘‘(B) by substituting ‘one-third’ for ‘one-
half’ each place such term appears; and
‘‘(2) earned income shall be excluded under sec-
tion 1612(b) only pursuant to paragraphs (1),
(2)(A), and (4) of such section.’’.
TITLE III—AMENDMENTS TO
WORK INCENTIVES PROVISIONS
SEC. 301. DISREGARD DEEMED INCOME OF INELIGIBLE
SPOUSE WHEN DETERMINING CONTINUED
MEDICAID 
ELIGIBILITY 
UNDER 
SECTION
1619(b).
Section 1614(f)(1) of the Social Security Act (42
U.S.C. 1382c(f)(1)) is amended by inserting ‘‘(other than
under section 1619(b))’’ after ‘‘benefits’’.
SEC. 302. CONTINUATION OF MEDICAID FOR THE AGED
WHO LOSE SSI DUE TO EXCESS EARNINGS.
Section 1619 of the Social Security Act (42 U.S.C.
1382h) is amended by adding at the end the following:
‘‘(e) For purposes of title XIX, any individual who
was determined to be an eligible individual (or eligible
spouse) by reason of age and was eligible to receive bene-
fits under section 1611 (or a federally administered State
supplementary payment) for a month, and who becomes
ineligible to receive such benefits for a subsequent month
solely due to excess income shall, nevertheless, be consid-
ered to be receiving supplemental security income benefits
for so long as—
‘‘(1) the individual continues to be otherwise el-
igible for benefits under this title;
retary until 6 months after subsequently disapproved by
the Secretary,’’ after ‘‘such plan’’.
SEC. 304. REGULATIONS REGARDING COMPLETION OF
SELF-SUPPORT PLANS.
Section 1633 of the Social Security Act (42 U.S.C.
1383b) is amended by adding at the end the following:
‘‘(d) The Secretary shall establish a time limit by
which activities under a plan for achieving self-support
must be completed, using criteria that take into account
the difficulty of achieving self-support based on the needs
of the individual and the goals of the plan.’’.
SEC. 305. EXCLUSION OF INCOME AND RESOURCES UNDER
SELF-SUPPORT 
PLANS 
IN 
DETERMINING
MEDICAID ELIGIBILITY IN ‘‘SECTION 209(b)’’
STATES.
(a) IN GENERAL.—
(1) DETERMINATION
OF
INCOME.—The first
sentence of section 1902(f) of the Social Security
Act (42 U.S.C. 1396a(f)) is amended—
(A) by striking ‘‘and incurred expenses’’
and inserting ‘‘incurred expenses’’; and
(B) by striking ‘‘thereof)’’ and inserting
the following: ‘‘thereof, and any income of an
individual with a plan for achieving self-support
approved by the Secretary under section
1612(b)(4))’’.
(2) DETERMINATION
OF
RESOURCES.—The
first sentence of such section is amended by striking
‘‘is not’’ and inserting the following: ‘‘and the re-
sources of any such individual (excluding any re-
sources excluded under a plan for achieving self-sup-
port approved by the Secretary under section
1613(a)(4)) are not’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to quarters beginning on or
after the expiration of the 90-day period that begins on
the date of the enactment of this Act.
SEC. 306. EXPANSION OF SELF-SUPPORT PLANS TO IN-
CLUDE HOUSING GOALS.
(a) 
INCOME
DISREGARD
RULES.—Section
1612(b)(4) of the Social Security Act (42 U.S.C.
1382a(b)(4)) is amended in each of subparagraphs (A)(iii)
and (B)(iv), by inserting ‘‘, containing a career or housing
goal, that has been’’ before ‘‘approved’’.
(b) 
RESOURCE
DISREGARD
RULES.—Section
1613(a)(4) of such Act (42 U.S.C. 1382b(a)(4)) is amend-
ed by inserting ‘‘, containing a career or housing goal, that
has been’’ before ‘‘approved’’.
SEC. 307. SELF-SUPPORT PLANS FOR THE AGED.
(a) INCOME EXCLUSION.—Section 1612(b)(4) of the
Social Security Act (42 U.S.C. 1382a(b)(4) is amended—
(1) in subparagraph (A), by striking the comma
at the end and inserting ‘‘; or’’;
(2) in subparagraph (B)—
(A) by striking ‘‘(and has not’’ and all that
follows through ‘‘age 65),’’ and inserting ‘‘, or
has attained age 65’’;
(B) in clause (ii), by inserting ‘‘in the case
of such a disabled individual (or spouse),’’ after
‘‘(ii)’’; and
(C) in clause (iv), by striking ‘‘, or’’ and
inserting a semicolon; and
(3) by striking subparagraph (C).
(b) RESOURCE EXCLUSION.—Section 1613(a)(4) of
such Act (42 U.S.C. 1382b(a)(4)) is amended by striking
‘‘who is blind or disabled and’’.
SEC. 308. ADDITIONAL STATE SUPPLEMENTATION RE-
QUIREMENT.
Section 1616 of the Social Security Act (42 U.S.C.
1382e) is amended—
(1) in subsection (b)(1), by inserting ‘‘(or, by
reason of section 1619, are considered to be)’’ before
‘‘receiving’’; and
(2) in subsection (c), by striking paragraph (3).
SEC. 309. TREATMENT OF UNEMPLOYMENT COMPENSA-
TION, WORKER’S COMPENSATION, AND SICK
PAY AS EARNED INCOME FOR SSI PURPOSES.
Section 1612(a)(1) of the Social Security Act (42
U.S.C. 1382a(a)(1)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D); and
(2) by adding at the end the following:
‘‘(F) unemployment compensation benefits
and worker’s compensation benefits paid under
any Federal or State law, and benefits paid to
an individual as compensation for sick leave not
taken by the individual; and’’.
SEC. 310. TREATMENT OF CERTAIN GRANT, SCHOLARSHIP,
OR FELLOWSHIP INCOME AS EARNED IN-
COME FOR SSI PURPOSES.
Section 1612(a)(1) of the Social Security Act (42
U.S.C. 1382a(a)(1)), as amended by section 309 of this
Act, is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (E); and
(2) by adding at the end the following:
‘‘(G) any grant, scholarship, or fellowship
described in section 1612(b)(7) to the extent
not excluded from income pursuant to such sec-
tion.’’.