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Title 42, The Public Health and WelfareRelease 119-110

§1004 Disqualifications

Title 42 › CHAPTER 7 — SOCIAL SECURITY › SUBCHAPTER VIII — SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS › § 1004

Last updated Sep 22, 2026|Official source

Summary

People cannot get the benefit for any month in certain situations. They are ineligible starting the month after the Attorney General tells the Social Security Commissioner they were removed from the United States under 8 U.S.C. 1227(a) or 1182(a)(6)(A) until they are lawfully admitted as a permanent resident. They are also ineligible for any month they are fleeing to avoid arrest or punishment for a serious crime, for any month they violate probation or parole, or for any month they live in a foreign country and are not a U.S. citizen or national when the Treasury is withholding payments under 31 U.S.C. 3329. The Attorney General must notify the Social Security Commissioner as soon as possible after removing someone under 8 U.S.C. 1227(a) or 1182(a)(6)(A).

Full Legal Text

Title 42, §1004

The Public Health and Welfare, Source: USLM XML via OLRC

(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.
(b)Requirement for Attorney General
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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

For

Prior Provisions

, see note set out under section 1001 of this title.

Amendments

2004—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”.

Statutory Notes and Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1004

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110