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U.S. Code as of:
01/19/04
Section 1320a-6. Adjustments in SSI benefits on account of retroactive benefits under subchapter II
(a) Reduction in benefits
Notwithstanding any other provision of this chapter, in any case
where an individual -
(1) is entitled to benefits under subchapter II of this chapter
that were not paid in the months in which they were regularly
due; and
(2) is an individual or eligible spouse eligible for
supplemental security income benefits for one or more months in
which the benefits referred to in clause (1) were regularly due,
then any benefits under subchapter II of this chapter that were
regularly due in such month or months, or supplemental security
income benefits for such month or months, which are due but have
not been paid to such individual or eligible spouse shall be
reduced by an amount equal to so much of the supplemental security
income benefits, whether or not paid retroactively, as would not
have been paid or would not be paid with respect to such individual
or spouse if he had received such benefits under subchapter II of
this chapter in the month or months in which they were regularly
due. A benefit under subchapter II of this chapter shall not be
reduced pursuant to the preceding sentence to the extent that any
amount of such benefit would not otherwise be available for payment
in full of the maximum fee which may be recovered from such benefit
by an attorney pursuant to subsection (a)(4) or (b) of section 406
of this title.
(b) "Supplemental security income benefits" defined
For purposes of this section, the term "supplemental security
income benefits" means benefits paid or payable by the Commissioner
of Social Security under subchapter XVI of this chapter, including
State supplementary payments under an agreement pursuant to section
1382e(a) of this title or an administration agreement under section
212(b) of Public Law 93-66.
(c) Reimbursement of the State
From the amount of the reduction made under subsection (a) of
this section, the Commissioner of Social Security shall reimburse
the State on behalf of which supplementary payments were made for
the amount (if any) by which such State's expenditures on account
of such supplementary payments for the month or months involved
exceeded the expenditures which the State would have made (for such
month or months) if the individual had received the benefits under
subchapter II of this chapter at the times they were regularly due.
An amount equal to the portion of such reduction remaining after
reimbursement of the State under the preceding sentence shall be
covered into the general fund of the Treasury.
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