Page:United States Statutes at Large Volume 104 Part 2.djvu/662

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104 STAT. 1388-254 PUBLIC LAW 101-508 —NOV. 5, 1990 the t3rpe referred to in section 1616(a) of such Act (or payments of the type described in section 212(a) of Public Law 93-66) which are paid by the Secretary under an agreement referred to in such section 1616(a) (or in section 212(b) of Public Law 93-66), for January 1991, (B) applied for widow's or widower s insurance benefits under subsection (e) or (f) of section 202 of the Social Security Act during 1990, and (C) is not entitled to such benefits under such subsection (e) or (f) for any month on the beusis of such application by reason of the definition of disability under section 223(d)(2)(B) of the Social Security Act (as in effect immediately before the date of the enactment of this Act), and would have been so entitled for such month on the basis of such application if the amendments made by this section had been applied with respect to such application, for purposes of determining such individual's entitlement to such benefits under subsection (e) or (f) of section 202 of the Social Security Act for months after December 1990, the requirement of paragraph (l)(C)(i) of such subsection shall be deemed to have been met. SEC. 5104. DEPENDENCY REQUIREMENTS APPLICABLE TO A CHILD ADOPTED BY A SURVIVING SPOUSE. (a) IN GENERAL.— Section 216(e) (42 U.S.C. 416(e)) is amended in the second sentence— (1) by striking "at the time of such individual's death living in such individual's household" and inserting "either living with or receiving at least one-half of his support from such individual at the time of such individual's death; and (2) by striking "; except" and all that follows and inserting a period. 42 USC 416 note. (b) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to benefits payable for months after December 1990, but only on the basis of applications filed after December 31, 1990. SEC. 5105. REPRESENTATIVE PAYEE REFORMS. (a) IMPROVEMENTS IN THE REPRESENTATIVE PAYEE SELECTION AND RECRUITMENT PROCESS. — (1) AUTHORITY FOR CERTIFICATION OF PAYMENTS TO REPRESENT- ATIVE PAYEES — (A) TITLE IL—Section 2050)(1) (42 U.S.C. 4050")) is amended to read as follows: "REPRESENTATIVE PAYEES "(j)(1) If the Secretary determines that the interest of any individual under this title would be served thereby, certification of pay- ment of such individual's benefit under this title may be made, regardless of the legal competency or incompetency of the individual, either for direct payment to the individual, or for his or her use and benefit, to another individual, or an organization, with respect to whom the requirements of paragraph (2) have been met (hereinafter in this subsection referred to as the individual's 'representative payee'). If the Secretary or a court of competent jurisdiction determines that a representative payee has misused any individual's