benefits under this subchapter

(10) (A) If an individual is eligible for past-due monthly benefits under this subchapter in an amount that (after any withholding for reimbursement to a State for interim assistance under subsection (g) and payment of attorney fees under subsection (d)(2)(B)) equals or exceeds the product of— (i) 3, and (ii) the maximum monthly benefit payable under this subchapter to an eligible individual (or, if appropriate, to an eligible individual and eligible spouse), then the payment of such past-due benefits (after any such reimbursement to a State and payment of attorney fees under subsection (d)(2)(B)) shall be made in installments as provided in subparagraph (B). (B) (i) The payment of past-due benefits subject to this subparagraph shall be made in not to exceed 3 installments that are made at 6-month intervals. (ii) Except as provided in clause (iii), the amount of each of the first and second installments may not exceed an amount equal to the product of clauses (i) and (ii) of subparagraph (A). (iii) In the case of an individual who has— (I) outstanding debt attributable to— (aa) food, (bb) clothing, (cc) shelter, or (dd) medically necessary services, supplies or equipment, or medicine; or (II) current expenses or expenses anticipated in the near term attributable to— (aa) medically necessary services, supplies or equipment, or medicine, or (bb) the purchase of a home, and such debt or expenses are not subject to reimbursement by a public assistance program, the Secretary under subchapter XVIII, a State plan approved under subchapter XIX, or any private entity legally liable to provide payment pursuant to an insurance policy, pre-paid plan, or other arrangement, the limitation specified in clause (ii) may be exceeded by an amount equal to the total of such debt and expenses. (C) This paragraph shall not apply to any individual who, at the time of the Commissioner’s determination that such individual is eligible for the payment of past-due monthly benefits under this subchapter— (i) is afflicted with a medically determinable impairment that is expected to result in death within 12 months; or (ii) is ineligible for benefits under this subchapter and the Commissioner determines that such individual is likely to remain ineligible for the next 12 months. (D) For purposes of this paragraph, the term “benefits under this subchapter” includes supplementary payments pursuant to an agreement for Federal administration under section 1382e(a) of this title , and payments pursuant to an agreement entered into under section 212(b) of Public Law 93–66 .

Source

42 USC § 1383(a)(10)


Scoping language

For purposes of this paragraph
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