PUBLIC LAW 103-296—AUG. 15, 1994 108 STAT. 1499 section 225(c)(7) (added by this subsection) shall apply only with respect to benefits for months after the month in which treatment required under section 1611(e)(3) of the Social Security Act (as amended by subsection (b)) is available, as determined under regulations of the Secretary of Health and Human Services, and the Secretary notifies such individual of the availability of such treatment and describes in such notification the provisions of section 225(c)(7) of the Social Security Act (added by this subsection). (4) IRRELEVANCE OF LEGALITY OF SERVICES PERFORMED IN DETERMINING SUBSTANTIAL GAINFUL ACTIVITY. — (A) IN GENERAL.— Section 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is amended— (i) by inserting "(A)" after "(4)"; and (ii) by adding at the end the following new subparagraph: "(B) In determining under subparagraph (A) when services performed or earnings derived from services demonstrate an individual's ability to engage in substantial gainful activity, the Secretary shall apply the criteria described in subparagraph (A) with respect to services performed by any individual without regard to the legality of such services.". (B) CONFORMING AMENDMENT RELATING TO TRIAL WORK.— Section 222(c)(2) of such Act (42 U.S.C. 422(c)(2)) is amended by inserting "(whether legal or illegal)" after "activity". (C) EFFECTIVE DATE.— The amendments made by this 42 USC 422 paragraph shall take effect on the date of the enactment of this Act. (b) AMENDMENTS RELATING TO SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER TITLE XVI OF THE SOCIAL SECURITY ACT. — (1) REQUIRED PAYMENT OF BENEFITS TO REPRESENTATIVE PAYEES.— (A) IN GENERAL.— Section 1631(a)(2)(A) of the Social Security Act (42 U.S.C. 1383(a)(2)(A)) is amended— (i) in clause (ii)— (I) by inserting "(I)" after "(ii)"; (II) by striking "or in the case of any individual or eligible spouse referred to in section 1611(e)(3)(A),"; and (III) by adding after and below the end the following: "(II) In the case of an individual eligible for benefits under this title by reason of disability, if alcoholism or drug addiction is a contributing factor material to the Secretary's determination that the individual is disabled, the payment of such benefits to a representative payee shall be deemed to serve the interest of the individual under this title. In any case in which such payment is so deemed under this subclause to serve the interest of an individual, the Secretary shall include, in the individual's notification of such eligibility, a notice that alcoholism or drug addiction is a contributing factor material to the Secretary's determination that the individual is disabled and that the Secretary is therefore note.
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