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This bill would change the rules for Supplemental Security Income, or SSI, for adults with intellectual or developmental disabilities. Right now, getting married can reduce SSI benefits because a spouse’s income and resources may be counted when deciding eligibility and payment amounts. This bill would stop that from happening for adults with these disabilities, so marriage would not lower their SSI benefits just because they have a spouse.
- It applies to people age 18 or older who have been diagnosed with an intellectual or developmental disability.
- For these individuals, a spouse’s income and resources would not be counted when SSI eligibility and benefit amounts are calculated.
- The person would still need to meet the normal SSI income and resource limits based on their own finances.
- The new rules would take effect for SSI benefits payable more than 180 days after the bill becomes law.
Official Summaries
Eliminating the Marriage Penalty in SSI Act or EMPSA
This bill excludes a spouse's income and resources when determining eligibility for Supplemental Security Income (SSI), and disregards marital status when calculating the SSI benefit amount, for an adult who has a diagnosed intellectual or developmental disability. (SSI is a federal income supplement program designed to help aged, blind, and disabled individuals with limited income and resources meet basic needs.)
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 73 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 73
To amend title XVI of the Social Security Act to provide that the
supplemental security income benefits of adults with intellectual or
developmental disabilities shall not be reduced by reason of marriage.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 13, 2025
Mr. Moran (for himself and Mr. Van Hollen) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend title XVI of the Social Security Act to provide that the
supplemental security income benefits of adults with intellectual or
developmental disabilities shall not be reduced by reason of marriage.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminating the Marriage Penalty in
SSI Act'' or ``EMPSA''.
SEC. 2. SUPPLEMENTAL SECURITY INCOME BENEFITS.
(a) Eligibility for Benefits.--Section 1611(a) of the Social
Security Act (42 U.S.C. 1382(a)) is amended by adding at the end the
following:
``(4) Notwithstanding paragraphs (1) and (2), each individual--
``(A) who has attained 18 years of age,
``(B) who is diagnosed with an intellectual or
developmental disability,
``(C) whose income, other than income excluded pursuant to
section 1612(b), is at a rate of not more than the applicable
amount determined under paragraph (1)(A), and
``(D) whose resources, other than resources excluded
pursuant to section 1613(a), are not more than the applicable
amount determined under paragraph (3)(B),
shall be an eligible individual for purposes of this title.''.
(b) Amount of Benefit.--Section 1611(b) of such Act (42 U.S.C.
1382(b)) is amended by adding at the end the following:
``(3) Notwithstanding paragraphs (1) and (2), the benefit under
this title for an individual described in subsection (a)(4), whether or
not the individual has an eligible spouse, shall be payable at the rate
in effect for purposes of paragraph (1), reduced by the amount of
income, not excluded pursuant to section 1612(b), of such
individual.''.
(c) Income and Resource Deeming Rules.--Section 1614(f) of such Act
(42 U.S.C. 1382c(f)) is amended by adding at the end the following:
``(5) Notwithstanding paragraph (1), for purposes of determining
eligibility for, and the amount of, benefits for an individual
described in section 1611(a)(4) who is married, such individual's
income and resources shall be deemed to not include any income or
resources of such spouse.''.
(d) Effective Date.--The amendments made by this section shall
apply to benefits payable for months that begin more than 180 days
after the date of enactment of this Act.
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