113 STAT. 1886
PUBLIC LAW 106-170—DEC. 17, 1999
deemed for purposes of paragraph (l)(B)(i)(I) to be eligible for
such benefits on the basis of an application filed therefor.
"(7)(A) An individual described in paragraph (1)(B) who files
a request for reinstatement in accordance with the provisions of
paragraph (2)(A) shall be eligible for provisional benefits payable
in accordance with this paragraph, unless the Commissioner determines that the individual does not meet the requirements of paragraph (l)(B)(i) or that the individual's declaration under paragraph
(2)(A)(ii) is false. Any such determination by the Commissioner
shall be final and not subject to review under paragraph (1) or
(3) of subsection (c).
"(B)(i) Except as otherwise provided in clause (ii), the amount
of a provisional benefit for a month shall equal the amount of
the monthly benefit that would be payable to an eligible individual
under this title with the same kind and amount of income.
"(ii) If the individual has a spouse who was previously an
eligible spouse of the individual under this title and the Commissioner determines that such spouse satisfies all the requirements
of section 1614(b) except requirements related to the filing of an
application, the amount of a provisional benefit for a month shall
equal the amount of the monthly benefit that would be payable
to an eligible individual and eligible spouse under this title with
the same kind and amount of income.
"(C)(i) Provisional benefits shall begin with the month following
the month in which a request for reinstatement is filed in accordance with paragraph (2)(A).
"(ii) Provisional benefits shall end with the earliest of—
"(I) the month in which the Commissioner makes a determination regarding the individual's eligibility for reinstated
benefits;
"(II) the fifth month following the month for which provisional benefits are first payable under clause (i); or
"(III) the month in which the Commissioner determines
that the individual does not meet the requirements of paragraph (l)(B)(i) or that the individual's declaration made in
accordance with paragraph (2)(A)(ii) is false.
"(D) In any case in which the Commissioner determines that
an individual is not eligible for reinstated benefits, any provisional
benefits paid to the individual under this paragraph shall not
be subject to recovery as an overpayment unless the Commissioner
determines that the individual knew or should have known that
the individual did not meet the requirements of paragraph (1)(B).
"(8) For purposes of this subsection other than paragraph (7),
the term 'benefits under this title' includes State supplementary
payments made pursuant to an agreement under section 1616(a)
of this Act or section 212(b) of Public Law 93-66.".
(2) CONFORMING AMENDMENTS. —
(A) Section 1631(j)(l) of such Act (42 U.S.C. 1383(j)(l))
is amended by striking the period and inserting ", or has
filed a request for reinstatement of eligibility under subsection (p)(2) and been determined to be eligible for
(B) Section 1631(j)(2)(A)(i)(I) of such Act (42 U.S.C.
1383(j)(2)(A)(i)(I)) is amended by inserting "(other than
pursuant to a request for reinstatement under subsection
(p))" after "eligible".
42 USC 423 note.
(c) EFFECTIVE DATE. —
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