supplemental security income benefits for essential persons

supplemental security income benefits for essential persons Sec. 211. (a) (1) In determining (for purposes of title XVI of the Social Security Act, as in effect, after December 1973) the eligibility for and the amount of the supplemental security income benefit payable to any qualified individual (as defined in subsection (b)), with respect to any period for which such individual has in his home an essential person (as defined in subsection (c))— (A) the dollar amounts specified in subsection (a) (1) (A) and (2) (A), and subsection (b)(1) and (2), of section 1611 of such Act, shall each be increased by $840 ($780 in the case of any period prior to July 1974) for each such essential person, and (B) the income and resources of such individual shall (for purposes of such title XVI) be deemed to include the income and resources of such essential person; except that the provisions of this Subsection shall not, in the case of any individual, be applicable for any period ‘which begins in or after the first month that such individual— (C) does not but would (except for the provisions of subparagraph (B)) meet— (i) the criteria established with respect to income in section 1611(a) of such Act, or (ii) the criteria established with respect to resources by such section 1611(a) (or, if applicable, by section 1611(g) of such Act). (2) The provisions of section 1611 (g) of the Social Security Act (as in effect after December 1973) shall, in the ease of any qualified individual (as defined in subsection (b)), be applied so as to include, in the resources of such individual, the resources of any person (described in subsection (b)(2)) whose needs were taken into account in determining the need of such individual for the aid or assistance referred to in subsection (b) (1). (b) For purposes of this section, an individual shall be a “qualified individual” only if— (1) for the month of December 1973 such individual was a recipient of aid or assistance under a State plan approved under title I, X, XIV, or XVI of the Social Security Act, and 87 Stat. 155 (2) in determining the need of such individual for such aid or assistance for such month under such State plan, there were taken into account the needs of a person (other than such individual) who— (A) was living in the home of such individual, and (B) was not eligible (in his or her own right) for aid or assistance under such State plan for such month. (c) The term “essential person”, when used in connection with any qualified individual, means a person who— (1) for the month of December 1973 was a person (described in subsection (b) (2)) whose needs were taken into account in determining the need of such individual for aid or assistance under a State plan referred to in subsection (b) (1) as such State plan was in effect for June 1973, (2) lives in the home of such individual, (3) is not eligible (in his or her own right) for supplemental security income benefits under title XVI of the Social Security Act (as in effect after December 1973), and (4) is not the eligible spouse (as that term is used in such title XVI) of such individual or any other individual. If for any month after December 1973 any person fails to meet the criteria specified in paragraph (2), (3), or (4) of the preceding sentence, such person shall not, for such month or any month thereafter be considered to be an essential person.