HR1757-119

1. Short title This Act may be cited as the Eliminating the Marriage Penalty in SSI Act or the EMPSA Act.

2. Supplemental security income benefits Section 1611(a) of the Social Security Act (42 U.S.C. 1382(a)) is amended by adding at the end the following: Notwithstanding paragraphs (1) and (2) of this subsection, each individual who has attained 18 years of age, who is diagnosed with an intellectual or developmental disability, whose income, other than income excluded pursuant to section 1612(b), is at not more than the rate in effect for purposes of paragraph (1)(A) of this subsection, and whose resources, other than resources excluded pursuant to section 1613(a), are not more than the applicable amount in effect for purposes of paragraph (3)(B) of this subsection, shall be an eligible individual for purposes of this title. Section 1611(b) of such Act (42 U.S.C. 1382(b)) is amended by adding at the end the following: Notwithstanding paragraphs (1) and (2) of this subsection, the benefit under this title for an individual described in subsection (a)(4) of this section, whether or not the individual has an eligible spouse, shall be payable at the rate in effect for purposes of such paragraph (1), reduced by the amount of income, not excluded pursuant to section 1612(b), of the individual. Section 1614(f) of such Act (42 U.S.C. 1382c(f)) is amended by adding at the end the following: Notwithstanding paragraph (1) of this subsection, for purposes of determining eligibility for, and the amount of, benefits for an individual described in section 1611(a)(4) who is married, the income and resources of the individual is deemed to not include any income or resources of the spouse. (4)Notwithstanding paragraphs (1) and (2) of this subsection, each individual who has attained 18 years of age, who is diagnosed with an intellectual or developmental disability, whose income, other than income excluded pursuant to section 1612(b), is at not more than the rate in effect for purposes of paragraph (1)(A) of this subsection, and whose resources, other than resources excluded pursuant to section 1613(a), are not more than the applicable amount in effect for purposes of paragraph (3)(B) of this subsection, shall be an eligible individual for purposes of this title.. (3)Notwithstanding paragraphs (1) and (2) of this subsection, the benefit under this title for an individual described in subsection (a)(4) of this section, whether or not the individual has an eligible spouse, shall be payable at the rate in effect for purposes of such paragraph (1), reduced by the amount of income, not excluded pursuant to section 1612(b), of the individual.. (5)Notwithstanding paragraph (1) of this subsection, for purposes of determining eligibility for, and the amount of, benefits for an individual described in section 1611(a)(4) who is married, the income and resources of the individual is deemed to not include any income or resources of the spouse..