of such veteran on or after July 25, 1947, and prior to April 1, 1956, a benefit described in clause (B) of paragraph (1) has been determined by such agency or instrumentality to be payable by it. If he has not been so notified, the Secretary of Health, Education, and Welfare shall then ascertain whether some other agency or wholly owned instrumentality of the United States has decided that a benefit described in clause (B) of paragraph (1) is payable by it. If any such agency or instrumentality has decided, or thereafter decides, that such a benefit is payable by it, it shall so notify the Secretary of Health, Education, and Welfare, and the Secretary shall certify no further benefits for payment or shall recompute the amount of any further benefits payable, as may be required by paragraph (1) of this subsection.

(3) Any agency or wholly owned instrumentality of the United States which is authorized by any law of the United States to pay benefits, or has a system of benefits which are based, in whole or in part, on military or naval service on or after July 25, 1947, and prior to April 1, 1956, shall, at the request of the Secretary of Health, Education, and Welfare, certify to him, with respect to any veteran, such information as the Secretary deems necessary to carry out his functions under paragraph (2) of this subsection.

(4) For the purposes of this subsection, the term "veteran" means any individual who served in the active military or naval service of the United States at any time on or after July 25, 1947, and prior to April 1, 1956, and who, if discharged, or released therefrom, was so discharged or released under conditions other than dishonorable after active service of ninety days or more or by reason of a disability or injury incurred or aggravated in service in line of duty; but such term shall not include any individual who died while in the active military or naval service of the United States if his death was inflicted (other than by an enemy of the United States) as lawful punishment for a military or naval offense.84

VOLUNTARY AGREEMENTS FOR COVERAGE OF STATE AND LOCAL

EMPLOYEES

FAILURE TO MAKE PAYMENTS

SEC. 218. (j) In case any State does not make, at the time or times due, the payments provided for under an agreement pursuant to this section, there shall be added, as part of the amounts due, interest at the rate of 6 per centum per annum from the date due until paid, and the Secretary of Health, Education, and Welfare may, in his discretion, deduct such amounts plus interest from any amounts certified by him to the Secretary of the Treasury for payment to such State under any other provision of this Act. Amounts so deducted shall be deemed to have been paid to the State under such other provision of this Act. Amounts equal to the amounts deducted under this subsection are hereby appropriated to the Trust Fund.

34 Public Law 325, 84th Cong. (69 Stat. 621), approved August 9, 1955, amended sec. 217 (e) by extending the period during which gratuitous wage credits are granted from July 1, 1955 to April 1, 1956.

DISABILITY DETERMINATIONS

SEC. 221. (e) Each State which has an agreement with the Secretary under this section shall be entitled to receive from the Trust Fund, in advance or by way of reimbursement, as may be mutually agreed upon, the cost to the State of carrying out the agreement under this section. The Secretary shall from time to time certify such amount as is necessary for this purpose to the Managing Trustee, reduced or increased, as the case may be, by any sum (for which adjustment hereunder has not previously been made) by which the amount certified for any prior period was greater or less than the amount which should have been paid to the State under this subsection for such period; and the Managing Trustee, prior to audit or settlement by the General Accounting Office, shall make payment from the Trust Fund at the time or times fixed by the Secretary, in accordance with such certification.

(f) All money paid to a State under this section shall be used solely for the purposes for which it is paid; and any money so paid which is not used for such purposes shall be returned to the Treasury of the United States for deposit in the Trust Fund.

REFERRAL FOR REHABILITATION SERVICES

SEC. 222. It is hereby declared to be the policy of the Congress in enacting the preceding section that disabled individuals applying for a determination of disability shall be promptly referred to the State agency or agencies administering or supervising the administration of the State plan approved under the Vocational Rehabilitation Act for necessary vocational rehabilitation services, to the end that the maximum number of disabled individuals may be restored to productive activity.

EXCERPTS FROM THE SOCIAL SECURITY ACT, AS AMENDED, AS IN EFFECT PRIOR TO THE 1957 AMENDMENTS

SEC. 211. (a) (7) An individual who is—

(A) a duly ordained, commissioned, or licensed minister of a church or a member of a religious order; and

(B) a citizen of the United States performing service described in subsection (c) (4) as an employee of an American employer (as defined in section 210 (e)) or as a minister in a foreign country who has a congregation which is composed predominantly of citizens of the United States.35

shall compute his net earnings from self-employment derived from the performance of service described in subsection (c) (4) without regard to section 911 (relating to earned income from sources without the United States) and section 931 (relating to income from sources within possession of the United States) of the Internal Revenue Code of 1954.

Sec. 104 (h) of the 1956 Amendments amended subpar. (B) by adding "or as a minister in a foreign country who has a congregation which is composed predominantly of citizens of the United States." The amendment is applicable with respect to the same taxable year to which the amendment of sec. 1402 (a) of the Internal Revenue Code of 1954 made by sec. 201 (g) of the 1956 Amendments (see sec. 201 (m) (2) on p. 211) applies.

DETERMINATION OF FAMILY STATUS

SEC. 216. (h) (1) In determining whether an applicant is the wife, husband, widow, widower, child, or parent of a fully insured or currently insured individual for purposes of this title, the Secretary shall apply such law as would be applied in determining the devolution of intestate personal property by the courts of the State in which such insured individual is domiciled at the time such applicant files application, or, if such insured individual is dead, by the courts of the State in which he was domiciled at the time of his death, or if such insured individual is or was not so domiciled in any State, by the courts of the District of Columbia. Applicants who according to such law would have the same status relative to taking intestate personal property as a wife, husband, widow, widower, child, or parent shall be deemed such.

(2) A wife shall be deemed to be living with her husband if they are both members of the same household, or she is receiving regular contributions from him toward her support, or he has been ordered by any court to contribute to her support; and a widow shall be deemed to have been living with her husband at the time of his death if they were both members of the same household on the date of his death, or she was receiving regular contributions from him toward her support on such date, or he had been ordered by any court to contribute to her support.

(3) A husband shall be deemed to be living with his wife if they are both members of the same household, or he is receiving regular contributions from her toward his support, or she has been ordered by any court to contribute to his support; and a widower shall be deemed to have been living with his wife at the time of her death if they were both members of the same household on the date of her death, or he was receiving regular contributions from her toward his support on such date, or she had been ordered by any court to contribute to his support.

EXCERPTS FROM THE SOCIAL SECURITY ACT, AS AMENDED, AS IN EFFECT PRIOR TO THE 1958 AMENDMENTS

PAYMENT TO STATES

SEC. 3. (a) From the sums appropriated therefor, the Secretary of the Treasury shall pay to each State which has an approved plan for old-age assistance, for each quarter, beginning with the quarter commencing October 1, 1956,86 (1) in the case of any State other than Puerto Rico and the Virgin Islands, an amount 37 equal to the sum of the following proportions of the total amounts expended during such

36

30 In the 1956 Amendments, under Part V, sec. 341 made certain changes in the Federal matching formula and sec. 345 stated that these changes "shall be effective for the period beginning October 1, 1956, and ending with the close of June 30, 1959, and after such amendments cease to be in effect any provision of law amended thereby shall be in full force and effect as though this part had not been enacted." See also footnote 39.

Sec. 311 (c) (1) of the 1956 Amendments deleted the words ", which shall be used exclusively as old-age assistance," that followed the word "amount" in sec. 3 (a) (1) and sec. 3 (a) (2), effective August 1, 1956. However, these words were retained in sec. 8 (a) (2) by sec. 341 of the 1956 Amendments pertaining to Federal matching for the period October 1, 1956, through June 30, 1959.

quarter as old-age assistance in the form of money payments 38 under the State plan, not counting so much of such expenditure with respect to any individual for any month as exceeds $60 30

(A) four-fifths of such expenditures, not counting so much of any expenditure with respect to any month as exceeds the product of $300 multiplied by the total number of such individuals who received old-age assistance in the form of money payments" for such month; plus

43

(B) one-half of the amount by which such expenditures exceed the maximum which may be counted under clause (A); and (2) in the case of Puerto Rico and the Virgin Islands, an amount,"2 which shall be used exclusively as old-age assistance, equal to one-half of the total of the sums expended during such quarter as old-age assistance in the form of money payments under the State plan, not counting so much of such expenditure with respect to any individual for any month as exceeds $30, and (3) in the case of any State, an amount equal to one-half of the total of the sums expended during such quarter as found necessary by the Secretary of Health, Education, and Welfare for the proper and efficient administration of the State plan," including services which are provided by the staff of the State agency (or of the local agency administering the State plan in the political subdivision) to applicants for and recipients of old-age assistance to help them attain self-care, and (4) in the case of any State, an amount equal to one-half of the total of the sums expended during such quarter as old-age assistance under the State plan in the form of medical or any other type of remedial care (including expenditures for insurance premiums for such care or the cost thereof), not counting so much of such expenditure for any month as exceeds the product of $6 multiplied by the total number of individuals who received old-age assistance under the State plan for such month.15

HUSBAND'S INSURANCE BENEFITS

SEC. 202. (c) (1) (C) *** was receiving at least one-half of his support, as determined in accordance with regulations prescribed by the Secretary, from such individual at the time she became entitled to

88 Sec. 301 (a) of the 1956 Amendments inserted the words "in the form of money payments," effective July 1, 1957.

39 Sec. 341 of the 1956 Amendments substituted "$60" and "$30" for "$55” and “$25" respectively in sec. 3 (a) (1) effective October 1, 1956. See also footnote 36.

This subsection had previously been amended in 1946, in 1948, and again in 1952 when amendments were enacted for a two-year period that was extended by the 1954 Amendments for an additional two years ending September 30, 1956. Prior to the 1946 changes, States were entitled to one-half of their old-age assistance expenditures up to a maximum Federal payment of $20 for each case.

40 See footnote 39.

41 Sec. 301 of the 1956 Amendments inserted the words "in the form of money payments," effective July 1, 1957.

42 See footnote 37.

48 See footnote 38.

44 Sec. 311 (c) (2) of the 1956 Amendments substituted the words following "State plan" through the end of clause (3) in place of "which amount shall be used for paying the costs of administering the State plan or for old-age assistance, or both, and for no other purpose," effective August 1, 1956.

45 Clause (4) was added by sec. 301 (c) of the 1956 Amendments, effective July 1, 1957. Pursuant to sec. 9 of the Act of April 19, 1950 (64 Stat. 44, 47), the Secretary of the Treasury must also pay to States, in addition to the amounts provided by sec. 3 (a) of the Social Security Act, an amount equal to 80 percent of the State share of expenditures under the State plan with respect to Navajo and Hopi Indians.

See also sec. 1108 (p. 166) for a limitation on the amounts which may be certified for payment to Puerto Rico and the Virgin Islands for any fiscal year.

old-age insurance benefits and filed proof of such support within two years after the month in which she became so entitled,46, 47

(d) (1) Every child (as defined in section 216 (e)) of an individual entitled to old-age insurance benefits, or of an individual who died a fully or currently insured individual after 1939, if such child

(A) has filed application for child's insurance benefits,

(B) at the time such application was filed was unmarried and either (i) had not attained the age of eighteen, or (ii) was under a disability (as defined in section 223 (c)) which began before he attained the age of eighteen, and 48

(C) was dependent upon such individual at the time such application was filed, or, if such individual has died, was dependent upon such individual at the time of such individual's death, shall be entitled to a child's insurance benefit for each month, beginning with the first month after August 1950 in which such child becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs: such child dies, marries, is adopted (except for adoption by a stepparent, grandparent, aur t, or uncle subsequent to the death of such fully or currently insured individual), attains the age of eighteen and is not under a disability (as defined in section 223 (c)) which began before he attained such age, or ceases to be under a disability (as so defined) on or after the day on which he attains age eighteen."

49

(d) (6) A child who has attained the age of eighteen and who is under a disability (as defined in section 223 (c)) which began before he attained the age of eighteen shall be deemed dependent upon his natural or adopting father, his natural or adopting mother, his stepfather. or his stepmother at the time specified in paragraph (1) (C) if the child

(A) was or would, upon filing an application therefor, have been entitled to a child's insurance benefit on the basis of the wages and self-employment income of such father, mother, stepfather, or stepmother for any month before the month in which he attained the age of eighteen, or

(B) was, at the time specified in paragraph (1) (C), receiving at least one-half of his support from such father, mother, stepfather, or stepmother.50

46 For special provisions of the 1954 Amendments as to proof of support under this subsec., see sec. 113, p. 200. See also sec. 202 (p) of the Act, p. 31.

47 Sec. 3 (b) of P. L. 85-238 deleted former subpar. (C) and redesignated former subpar. (D) as (C) effective with respect to monthly benefits for months after August 1957. Former subpar. (C) read as follows: "was living with such individual at the time such application was filed."

48 Sec. 101 (a) of the 1956 Amendments added clause (11) effective with respect to monthly benefits after December 1956.

49 Sec. 101 (a) of the 1956 Amendments substituted all of the material following the parenthetical reference to adoption for "or attains the age of eighteen," effective with respect to monthly benefits for months after December 1956.

50 Par. (6) was added by sec. 101 (b) of the 1956 Amendments and applies with respect to monthly benefits payable for months after December 1956.