Page:United States Statutes at Large Volume 113 Part 3.djvu/368

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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. —