2016 US Code
Title 42 - The Public Health and Welfare
Chapter 7 - Social Security
Subchapter VIII - Special Benefits for Certain World War II Veterans
Sec. 1004 - Disqualifications
| 42 U.S.C. § 1004 (2016) |
| §1004. Disqualifications |
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(a) In general
Notwithstanding section 1002 of this title, an individual may not be a qualified individual for any month— (1) that begins after the month in which the Commissioner of Social Security is notified by the Attorney General that the individual has been removed from the United States pursuant to section 1227(a) or 1182(a)(6)(A) of title 8 and before the month in which the individual is lawfully admitted to the United States for permanent residence; (2) during any part of which the individual is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the United States or the jurisdiction within the United States from which the person has fled, for a crime, or an attempt to commit a crime, that is a felony under the laws of the place from which the individual has fled, or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed; (3) during any part of which the individual violates a condition of probation or parole imposed under Federal or State law; or (4) during which the individual resides in a foreign country and is not a citizen or national of the United States if payments for such month to individuals residing in such country are withheld by the Treasury Department under section 3329 of title 31. For the purpose of carrying out subsection (a)(1), the Attorney General shall notify the Commissioner of Social Security as soon as practicable after the removal of any individual under section 1227(a) or 1182(a)(6)(A) of title 8. |
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(Aug. 14, 1935, ch. 531, title VIII, §804, as added Pub. L. 106–169, title II, §251(a), Dec. 14, 1999, 113 Stat. 1845; amended Pub. L. 108–203, title II, §203(c), Mar. 2, 2004, 118 Stat. 511.) |
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PRIOR PROVISIONS
For prior provisions, see note set out under section 1001 of this title. AMENDMENTS2004—Subsec. (a)(2). Pub. L. 108–203 substituted "or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed" for "or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State". EFFECTIVE DATE OF 2004 AMENDMENTAmendment by Pub. L. 108–203 effective on the first day of the first month that begins on or after the date that is 9 months after Mar. 2, 2004, see section 203(d) of Pub. L. 108–203, set out as a note under section 402 of this title. |
| United States Code, 2012 Edition, Supplement 4, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 7 - SOCIAL SECURITY SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS Sec. 1004 - Disqualifications |
| section 1004 |
| 2016 |
| January 6, 2017 |
| No |
| standard |
| 113 Stat. 1845 118 Stat. 511 |
| Public Law 106-169, Public Law 108-203 |
