For purposes of this chapter, in determining the number of qualifying quarters of coverage under title II of the Social Security Act [42 U.S.C. 401 et seq.] an alien shall be credited with—
(1)all of the qualifying quarters of coverage as defined under title II of the Social Security Act worked by a parent of such alien before the date on which the alien attains age 18, and
(2)all of the qualifying quarters worked by a spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased.
No such qualifying quarter of coverage that is creditable under title II of the Social Security Act for any period beginning after December 31, 1996, may be credited to an alien under paragraph (1) or (2) if the parent or spouse (as the case may be) of such alien received any Federal means-tested public benefit (as provided under section
1613 of this title) during the period for which such qualifying quarter of coverage is so credited. Notwithstanding section
6103 of title
26, the Commissioner of Social Security is authorized to disclose quarters of coverage information concerning an alien and an alien’s spouse or parents to a government agency for the purposes of this chapter.
This chapter, referred to in text, was in the original “this title” meaning title IV of Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2260, which enacted this chapter, section
1183a of this title, and sections
1437y of Title
42, The Public Health and Welfare, amended section
1383 of this title, sections
6213 of Title
26, Internal Revenue Code, and sections
1471 of Title
42, and enacted provisions set out as notes under section
1183a of this title and section
32 of Title
26. For complete classification of title IV to the Code, see Tables.
The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter
7 of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see section
1305 of Title
42 and Tables.
1997—Pub. L. 105–33, § 5573(a), inserted at end “Notwithstanding section
6103 of title
26, the Commissioner of Social Security is authorized to disclose quarters of coverage information concerning an alien and an alien’s spouse or parents to a government agency for the purposes of this chapter.”
Par. (1). Pub. L. 105–33, § 5573(b), substituted “before the date on which the alien attains age 18,” for “while the alien was under age 18,”.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105–33effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5582 ofPub. L. 105–33, set out as a note under section
1367 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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