Section 1. Short title
This Act may be cited as the Eliminating the Marriage Penalty in SSI Act or the EMPSA Act.
(a) Eligibility for benefits
Section 1611(a) of the Social Security Act (42 U.S.C. 1382(a)) is amended by adding at the end the following:
(4) Notwithstanding paragraphs (1) and (2), each individual—
(A) who has attained 18 years of age,
(B) who is diagnosed with an intellectual or developmental disability,
(C) whose income, other than income excluded pursuant to section 1612(b), is at a rate of not more than the applicable amount determined under paragraph (1)(A), and
(D) whose resources, other than resources excluded pursuant to section 1613(a), are not more than the applicable amount determined under paragraph (3)(B),
(4) shall be an eligible individual for purposes of this title.
(b) Amount of benefit
Section 1611(b) of such Act (42 U.S.C. 1382(b)) is amended by adding at the end the following:
(3) Notwithstanding paragraphs (1) and (2), the benefit under this title for an individual described in subsection (a)(4), whether or not the individual has an eligible spouse, shall be payable at the rate in effect for purposes of paragraph (1), reduced by the amount of income, not excluded pursuant to section 1612(b), of such individual.
(c) Income and resource deeming rules
Section 1614(f) of such Act (42 U.S.C. 1382c(f)) is amended by adding at the end the following:
(5) Notwithstanding paragraph (1), for purposes of determining eligibility for, and the amount of, benefits for an individual described in section 1611(a)(4) who is married, such individual's income and resources shall be deemed to not include any income or resources of such spouse.
(d) Effective date
The amendments made by this section shall apply to benefits payable for months that begin more than 180 days after the date of enactment of this Act.