38 U.S.C. § 1322 | Certifications with respect to social security entitlement

(a)

section 1312(a) of this title section 1312(a)(2) of this title section 1312(a)(3) of this title 42 U.S.C. 402 Determinations required by (other than a determination required by ) as to whether any survivor described in of a deceased individual would be entitled to benefits under section 202 of the Social Security Act () for any month and as to the amount of the benefits which would be paid for such month, if the deceased veteran had been a fully and currently insured individual at the time of such veteran’s death, shall be made by the Commissioner of Social Security, and shall be certified by the Commissioner to the Secretary upon request of the Secretary.

(b)

The Secretary shall pay to the Commissioner of Social Security an amount equal to the costs which will be incurred in making determinations and certifications under subsection (a). Such payments shall be made with respect to the costs incurred during such period (but not shorter than a calendar quarter) as the Secretary and the Commissioner may prescribe, with the amount of such payments to be made on the basis of estimates made by the Commissioner after consultation with the Secretary. The amount payable for any period shall be increased or reduced to compensate for any underpayment or overpayment, as the case may be, of the costs incurred in any preceding period.

(c)

section 1312(a) of this title Except with respect to determinations made under subsection (a) of this section, the Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section and .

Pub. L. 85–857Sept. 2, 195872 Stat. 1132 Pub. L. 87–268, § 1(b)Sept. 21, 196175 Stat. 566 Pub. L. 94–433, title IV, § 405(18)Sept. 30, 197690 Stat. 1380 Pub. L. 97–295, § 4(12)Oct. 12, 198296 Stat. 1305 Pub. L. 102–83Aug. 6, 1991105 Stat. 404–406 Pub. L. 108–183, title VII, § 708(c)(1)Dec. 16, 2003117 Stat. 2673(, , , § 422; , (c), , ; , , ; , (95)(A), , , 1313; renumbered § 1322 and amended , §§ 4(b)(1), (2)(A), (E), 5(a), (c)(1), , ; , , .)

Editorial Notes

Amendments

Pub. L. 108–183, § 708(c)(1)(A)2003—Subsec. (a). , substituted “Commissioner of Social Security, and shall be certified by the Commissioner to the Secretary upon request of the Secretary.” for “Secretary of Health and Human Services, and shall be certified by such Secretary to the Secretary of Veterans Affairs upon request of the Secretary of Veterans Affairs.”

Pub. L. 108–183, § 708(c)(1)(B)Subsec. (b). , substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” in first sentence and substituted “the Secretary and the Commissioner” for “the two Secretaries” and “Commissioner” for “Secretary of Health and Human Services” in second sentence.

Pub. L. 102–83, § 5(a)section 422 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (a). , substituted “1312(a)” for “412(a)”, “1312(a)(2)” for “412(a)(2)”, “1312(a)(3)” for “412(a)(3)”.

Pub. L. 102–83, § 4(b)(2)(A)(i), substituted “Secretary of Veterans Affairs” for “Administrator” in two places.

Pub. L. 102–83, § 4(b)(2)(A)(ii)Subsec. (b). , substituted “The Secretary shall pay to the Secretary of Health and Human Services” for “Upon the basis of estimates made by the Secretary of Health and Human Services after consultation with the Administrator, the Administrator shall pay to the Secretary” and “as the two Secretaries may prescribe, with the amount of such payments to be made on the basis of estimates made by the Secretary of Health and Human Services after consultation with the Secretary” for “as the Secretary and the Administrator may prescribe”.

Pub. L. 102–83, § 5(c)(1)Subsec. (c). , substituted “1312(a)” for “412(a)”.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Pub. L. 97–295, § 4(12)42 U.S.C. 402 section 402 of title 421982—Subsec. (a). , (95)(A), substituted “section 202 of the Social Security Act ()” for “”, and “Health and Human Services” for “Health, Education, and Welfare”.

Pub. L. 97–295, § 4(95)(A)Subsec. (b). , substituted “Health and Human Services” for “Health, Education, and Welfare”.

Pub. L. 94–4331976—Subsec. (a). substituted “such veteran’s” and “such Secretary” for “his” and “him”, respectively.

Pub. L. 87–2681961—Subsec. (a). § 1(c), substituted “section 412(a)” for “section 412”, “section 412(a)(2)” for “section 412(2)”, and “section 412(a)(3)” for “section 412(3)”.

Pub. L. 87–268, § 1(b)Subsec. (c). , substituted “section 412(a)” for “section 412”.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Pub. L. 94–433Oct. 1, 1976section 406 of Pub. L. 94–433 section 1101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1961 Amendment

Pub. L. 87–268Oct. 1, 1961section 3 of Pub. L. 87–268 section 1312 of this titleAmendment by effective , see , set out as a note under .