110 HR 6607 IH: Social Security Uninsured Children’s
U.S. House of Representatives
2008-07-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Social Security Uninsured Children’s
Entitlement Act of 2008
.
2.Benefits for
certain uninsured children
(a)Title II of the Social
Security Act is amended by adding after section 234 (42 U.S.C. 434)
the following new section:
235.Benefits for certain uninsured children(a)Every individual who
would not be entitled to child’s insurance benefits under section 202(d) upon
filing application therefor and who—
(1)has not attained
the age of 18 and has not married,
(2)(A)has no living parent or
(B) with respect to each parent (including an adoptive parent) who is living,
has provided to the Commissioner of Social Security (in such form and manner as
shall be prescribed in regulations of the Commissioner) a notarized statement
that such individual has had no contact with such parent for at least 2 years
and that reasonable attempts by a guardian or appropriate government agency to
locate such parent have not been successful,
(3)is a resident of
the United States (as defined in subsection (c)), and is (A) a citizen of the
United States or (B) an alien lawfully admitted for permanent residence who has
resided in the United States (as defined in subsection 210(i)) continuously
during the 5 years immediately preceding the month in which he or she files
application under this section, and
(4)has filed
application for benefits under this section,
shall
(subject to the limitations in this section) be entitled to a benefit under
this section for each month beginning with the first month in which he or she
becomes so entitled to such benefits and ending with the month preceding the
month in which he or she attains 18 years of age or marries. No application
under this section which is filed by an individual more than 3 months before
the first month in which he or she meets the requirements of paragraphs (1),
(2), and (3) shall be accepted as an application for purposes of this
section.(b)The benefit amount
to which an individual is entitled under this section for any month shall be
the larger of $200 or the amount most recently established in lieu thereof
under section 215(i).
(c)Suspension where individual is residing
outside the United StatesThe benefit to
which any individual is entitled under this section for any month shall not be
paid if, during such month, such individual is not a resident of the United
States. For purposes of this subsection, the term United States
means the 50 States and the District of Columbia.
(d)Treatment as monthly insurance
benefitsFor purposes of
subsections (t) and (u) of section 202, a monthly benefit under this section
shall be treated as a monthly insurance benefit payable under section
202.
(e)Annual reimbursement of Federal Old-Age
and Survivors Insurance Trust FundThere are
authorized to be appropriated to the Federal Old-Age and Survivors Insurance
Trust Fund for the fiscal year ending September 30, 2006, and for each fiscal
year thereafter, such sums as the Commissioner of Social Security deems
necessary on account of—
(1)payments made under
this section during the second preceding fiscal year and all fiscal years prior
thereto to individuals entitled to benefits under this section,
(2)the additional
administrative expenses resulting from the payments described in paragraph (1),
and
(3)any loss in
interest to such Trust Fund resulting from such payments and expenses, in order
to place such Trust Fund in the same position at the end of such fiscal year as
it would have been in if such payments had not been
made.
.
(b)Cost of living
adjustmentsSection 215(i)(2)(A)(ii)(I) of such Act (42 U.S.C.
415(i)(2)(A)(ii)(I)) is amended by striking section 227 or 228
and inserting section 227, 228, or 235
.
3.The amendments made by
this Act shall take effect with respect to applications filed on or after
January 1, 2009.