Pub. L. 85-840, tit. II, sec. 205
benefits for the dependents of disability insurance beneficiaries
benefits for the dependents of disability insurance beneficiaries Payments from Disability Insurance Trust Fund Sec. 205. (a) The first sentence of section 201 (h) of such Act is amended by inserting “, and benefit payments required to be made under subsection (b), (c) or (d) of section 202 to individuals entitled to benefits on the basis of the wages and self-employment income of an individual entitled to disability insurance benefits,” after “section 223”. Wife’s Insurance Benefits (b) (1) Subsection (b) of section 202 of such Act is amended by inserting “or disability” after “old-age” wherever it appears therein. (2) So much of paragraph (1) of such subsection as follows the colon is amended by striking out “or” the first time it appears and inserting immediately before the period at the end of such paragraph “, or her husband is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits”. 72 Stat. 1022 Husband’s Insurance Benefits (c) (1) Subparagraph (C) of subsection (c) (1) of such section 202 is amended to read as follows: “(C) was receiving at least one-half of his support, as determined in accordance with regulations prescribed by the Secretary, from such individual— “(i) if she had a period of disability which did not end prior to the month in which she became entitled to old-age or disability insurance benefits, at the beginning of such period or at the time she became entitled to such benefits, or “(ii) if she did not have such a period of disability, at the time she became entitled to such benefits, and filed proof of such support within two years after the month in which she filed application with respect to such period of disability or after the month in which she became entitled to such benefits, as the case may be, or, if she did not have such a period, two years after the month in which she became entitled to such benefits, and”. (2) The remainder of such subsection (c) (1) is amended by inserting “or disability” after “old-age” wherever it appears therein. (3) So much of such subsection (c) (1) as follows the colon is further amended by striking out “or” the first time it appears and inserting immediately before the period at the end thereof “, or his wife is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits”. Child’s Insurance Benefits (d) Section 202 (d) (1) of such Act is amended to read as follows: “(d) (1) Every child (as defined in section 216 (e)) of an individual entitled to old-age or disability insurance benefits, or of an individual who dies a fully or currently insured individual after 1939, if such child— “(A) has filed application for child’s insurance benefits, “(B) at the time such application was filed was unmarried and either (i) had not attained the age of eighteen or (ii) was under a disability (as defined in section 223 (c)) which began before he attained the age of eighteen, and “(C) was dependent upon such individual— “(i) if such individual had a period of disability which did not end prior to the month in which he became entitled to old-age or disability insurance benefits or (if he has died) prior to the month in which he died, at the beginning of such period or at the time he became entitled to such benefits or died, “(ii) if such individual did not have such a period and is living, at the time such application was filed, or “(iii) if such individual did not have such a period and has died, at the time of such death, shall be entitled to a child’s insurance benefit for each month, beginning with the first month after August 1950 in which such child becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs: such child dies, marries, is adopted (except for adoption by a stepparent, grandparent, aunt, or uncle subsequent to the death of such fully or currently insured individual), attains the age of eighteen and is not under a disability (as defined in section 223 (c)) which began before he attained such age, or ceases to be under a disability (as so defined) on or after the day on which he attains age eighteen. 72 Stat. 1023Entitlement of any child to benefits under this subsection on the basis of the wages and self-employment income of an individual entitled to disability insurance benefits shall also end with the month before the first month for which such individual is not entitled to such benefits unless such individual is, for such later month, entitled to old-age insurance benefits or unless he dies in such month.” Widower’s Insurance Benefits (e) Subparagraph (D) of section 202 (f) (1) of such Act is amended to read as follows: “(D) (i) was receiving at least one-half of his support, as determined in accordance with regulations prescribed by the Secretary, from such individual at the time of her death or, if such individual had a period of disability which did not end prior to the month in which she died, at the time such period began or at the time of her death, and filed proof of such support within two years after the date of such death, or, if she had such a period of disability, within two years after the month in which she filed application with respect to such period of disability or two years after the date of such death, as the case may be, or (ii) was receiving at least one-half of his support, as determined in accordance with regulations prescribed by the Secretary, from such individual, and she was a currently insured individual, at the time she became entitled to old-age or disability insurance benefits or. if such individual had a period of disability which did not end prior to the month in which she became so entitled, at the time such period began or at the time she became entitled to such benefits, and filed proof of such support within two years after the month in which she became entitled to such benefits, or, if she had such a period of disability, within two years after the month in which she filed application with respect to such period of disability or two years after the month in which she became entitled to such benefits, as the case may be, and”. Mother’s Insurance Benefits (f) Section 202 (g) (1) (F) of such Act is amended by inserting “or, if such individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of such death” after “death”. Parent’s Insurance Benefits (g) Subparagraph (B) of section 202 (h) (1) of such Act is amended to read as follows: “(B) (i) was receiving at least one-half of his support from such individual at the time of such individual’s death or, if such individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of such death, and (ii) filed proof of such support within two years after the date of such death, or, if such individual had such a period of disability, within two years after the month in which such individual filed application with respect to such period of disability or two years after the date of such death, as the case may be,”. Simultaneous Entitlement to Benefits (h) Section 202 (k) of such Act is amended by inserting “or disability” after “old-age” each time it appears therein. 72 Stat. 1024 Adjustment of Benefits of Female Beneficiaries (i) (1) Subparagraph (B) of paragraph (5) of section 202 (q) of such Act is amended to read as follows: “(B) the number equal to the number of months for which the wife’s insurance benefit was reduced under such paragraph (2), but for which such benefit was subject to deductions under paragraph (1) or (2) of section 203 (b), under section 203 (c), or under section 222 (b),”. (2) Such paragraph is further amended by striking out the period at the end of subparagraph (C) and inserting in lieu thereof and”, by striking out “(A), (B), and (C)” in the material following subparagraph (C) and inserting in lieu thereof “(A), (B), (C), and (D)”, and by adding after subparagraph (C) the following new subparagraph: “(D) the number equal to the number of months for which such wife’s insurance benefit was reduced under such paragraph (2), but in or after which her entitlement to wife’s insurance benefits was terminated because her husband ceased to be under a disability, not including in such number of months any month after such termination in which she was entitled to wife’s insurance benefits.”. (3) Subparagraph (A) of paragraph (6) of such section 202 (q) is amended to read as follows: “(A) the number equal to the number of months for which such benefit was reduced under such paragraph, but for which such benefit was subject to deductions under section 203 (b) (1) or (2), under section 203 (c), or under section 222 (b),”. (4) Such paragraph is further amended by striking out “(A), (B), and (C)” in the material following subparagraph (C) and inserting in lieu thereof “(A), (B), (C), and (D)”, by redesignating subparagraph (C) as subparagraph (D), by inserting “and” at the end of subparagraph (B) and by adding after such subparagraph (B) the following new subparagraph: “(C) the number equal to the number of months for which such benefit was reduced under such paragraph, but in or after which her entitlement to wife’s insurance benefits was terminated because her husband ceased to be under a disability, not including in such number of months any month after such termination in which she was entitled to wife’s insurance benefits,”. Deduction Provision (j) Section 203 (c) of such Act is amended by inserting a comma and “based on the wages and self-employment income of an individual entitled to old-age insurance benefits,” after “child’s insurance benefit” the first time it appears therein. Circumstances Under Which Deductions Not Required (k) Section 203 (h) of such Act is amended to read as follows: “Circumstances Under Which Deductions Not Required “(h) In the case of any individual, deductions by reason of the provisions of subsection (b), (f), or (g) of this section, or the provisions of section 222 (b), shall, notwithstanding such provisions, be made from the benefits to which such individual is entitled only to the extent that such deductions reduce the total amount which would otherwise be paid, on the basis of the same wages and self-employment income, to such individual and the other individuals living in the same household.” 72 Stat. 1025 Currently Insured Individual (l) Section 214 (b) of such Act is amended by striking out “or” immediately preceding “(3)” and by inserting “or (4) in the case of any individual entitled to disability insurance benefits, the quarter in which he most recently became entitled to disability insurance benefits,” immediately after “section,”. Rounding of Benefits (m) Section 215 (g) of such Act is amended by striking out “sections 203 (a) and 224” and inserting in lieu thereof “section 203 (a)”. Deductions on Account of Refusal To Accept Rehabilitation Services (n) Section 222 (b) of such Act is amended by inserting after paragraph (2) (added by section 307 (g) of this Act) the following new paragraph: “(3) Deductions shall be made from any wife’s, husband’s, or child’s insurance benefit, based on the wages and self-employment income of an individual entitled to disability insurance benefits, to which a wife, husband, or child is entitled, until the total of such deductions equal such wife’s, husband’s, or child’s insurance benefit or benefits under section 202 for any month in which the individual, on the basis of whose wages and self-employment income such benefit was payable, refuses to accept rehabilitation services and deductions, on account of such refusal, are imposed under paragraph (1).” Suspension of Benefits Based on Disability (o) Section 225 of such Act is amended by adding at the end thereof the following new sentence: “Whenever the benefits of an individual entitled to a disability insurance benefit are suspended for any month, the benefits of any individual entitled thereto under subsection (b), (c), or (d) of section 202, on the basis of the wages and self-employment income of such individual, shall be suspended for such month.”