Page:United States Statutes at Large Volume 94 Part 1.djvu/521

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-265—JUNE 9, 1980 taxes which would be imposed by sections 3101 and 3111 of the Internal Revenue Code of 1954 if the services for which wages were paid in such month to employees covered by the agreement constituted emplo3ment as defined in section 3121 of such Code; and". (b) The amendment made by subsection (a) shall be effective with respect to the payment of taxes (referred to in section 218(e)(l)(A) of the Social Security Act, as amended by subsection (a)) on account of wages paid on or after July 1, 1980. (c) The provisions of section 7 of Public Law 94-202 shall not be applicable to any regulation which becomes effective on or after July 1, 1980, and which is designed to carry out the purposes of subsection (a) of this section.

94 STAT. 471 26 USC 3101, 3111. 26 USC 3121. Effective date. 42 USC 418 note. Ante, p. 470. 42 USC 405a. 42 USC 405a note.

ELIGIBILITY OF ALIENS FOR SSI BENEFITS

SEC. 504. (a) Section 1614(f) of the Social Security Act is amended by 42 USC I382c. adding at the end thereof the following new paragraph: "(3) For purposes of determining eligibility for and the amount of benefits for any individual who is an £dien, such individual's income and resources shall be deemed to include the income and resources of his sponsor and such sponsor's spouse (if such alien has a sponsor) as provided in section 1621. Any such income deemed to be income of Wra. such individual shall be treated as unearned income of such individual.". (b) Part A of title XVI of such Act is amended by adding at the end thereof (after the new section added by section 201(c) of this Act) the Ante, p. 445. following new section: 'ATTRIBUTION OF S P O N S O R ' S INCOME AND RESOURCES TO ALIENS

"SEC. 1621. (a) For purposes of determining eligibility for and the Eligibility amount of benefits under this title for an individual who is an alien, determination the income and resources of any person who (as a sponsor of such for ubenefits. 42 s e 1382J. individual's entry into the United States) executed an affidavit of support or similar agreement with respect to such individual, and the income and resources of the sponsor's spouse, shall be deemed to be the income and resources of such individual (in accordance with subsections (b) and (c)) for a period of three years after the individual's entry into the United States. Any such income deemed to be income of such individual shall be treated as unearned income of such individual. "(b)(1) The amount of income of a sponsor (and his spouse) which shall be deemed to be the unearned income of an alien for any year shall be determined as follows: "(A) The total yearly rate of earned and unearned income (as determined under section 1612(a)) of such sponsor and such Ante, p. 449. sponsor's spouse (if such spouse is living with the sponsor) shall be determined for such year. "(B) The amount determined under subparagraph (A) shall be reduced by an amount equal to (i) the maximum amount of the Federal benefit under tms title for such year which woidd be payable to an eligible individual who has no other income and who does not have an eligible spouse (as determined under section 1611(b)(l)), plus (ii) one-half of the amount determined 42 USC 1382 under clause (i) multiplied by the number of individuate who are dependents of such sponsor (or such sponsor's spouse if such