1. Short title
This Act may be cited as the “Helping Students Successfully Overcome Adversity and Rise with Social Security Act” or the “Helping Students SOAR with Social Security Act”.
Helping Students Successfully Overcome Adversity and Rise with Social Security Act
A BILL
To amend title II of the Social Security Act to extend eligibility for child's benefits until age 26 for certain individuals who are at least half-time students at a post-secondary school, and for other purposes.
2. Extension of child’s benefit for certain students under age 26
In general— Section 202(d)(1)(B) of the Social Security Act (42 U.S.C. 402(d)(1)(B)) is amended to read as follows:
“(B) at the time such application was filed was unmarried and—
“(i) had not attained the age of 18,
“(ii) was a full-time elementary or secondary school student and had not attained the age of 19,
“(iii) was a qualifying post-secondary school student and had not attained the age of 26, but only in the case of the child of an individual who—
“(I) is entitled to disability insurance benefits or was entitled to such benefits until the month the individual attained retirement age,
“(II) died a fully or currently insured individual, or
“(III) is entitled to old-age insurance benefits, but only if the child is the child of the individual pursuant to clause (3) of section 216(e), or
“(iv) is under a disability (as defined in section 223(d)) which began before he attained the age of 22, and”
Definition of qualifying post-Secondary school student—
in subparagraph (A)—
in the first sentence—
by inserting “and a qualifying post-secondary school student is an individual who is in at least half-time attendance as a student at a post-secondary school or a comprehensive transition and postsecondary program” before “, as determined by the Commissioner of Social Security”;
by striking “if he is paid by his employer” and inserting “or a qualifying post-secondary school student if the individual is paid by the individual's employer”;
by striking “at the request, or pursuant to a requirement, of his employer” and inserting “or a post-secondary school at the request of, or pursuant to a requirement of, the individual's employer”; and
by inserting “(unless the individual is employed by such employer under a registered apprenticeship program)” before the period; and
in the third sentence, by striking “shall be deemed to be such a student” and inserting “, who is determined to be a student in at least half-time attendance at a post-secondary school, shall be deemed to be such a student”; and
in subparagraph (B)—
by inserting “or a qualifying post-secondary school student” before “during any period”;
by inserting “or, in the case of a qualifying post-secondary school student, any period of nonattendance at a post-secondary school at which the individual has been in at least half-time attendance” after “full-time attendance”; and
by inserting “or, in the case of a qualifying post-secondary school student, in at least half-time attendance at a post-secondary school” before “immediately following such period” each place it appears.
Transition from elementary or secondary school— Section 202(d)(7)(B) of such Act (42 U.S.C. 402(d)(7)(B)) is amended by adding at the end the following sentence: “An individual who has been in full-time attendance at an elementary or secondary school shall, during a succeeding period of nonattendance at such school, be deemed to be a qualifying post-secondary school student if (i) such period is 4 calendar months or less, and (ii) the individual shows to the satisfaction of the Commissioner that he intends to be in at least half-time attendance at a post-secondary school or a comprehensive transition and postsecondary program immediately following such period.”.
Definitions of post-Secondary school, registered apprenticeship program, and comprehensive transition and postsecondary program— Section 202(d)(7)(C) of such Act (42 U.S.C. 402(d)(7)(C)) is amended by adding at the end the following:
“(iii) A post-secondary school is an institution described in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
“(iv) A registered apprenticeship program is a program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”).
“(v) A comprehensive transition and postsecondary program is a program defined under paragraph (1) of section 760 of the Higher Education Opportunity Act of 2008 (20 U.S.C. 1140).”
Conforming amendments—
Section 202(d)(1)(E) of such Act (42 U.S.C. 402(d)(1)(E)) is amended by inserting “or (in the case of the child of an individual described in subparagraph (B)(iii)) a qualifying post-secondary school student” after “student”.
Section 202(d)(1)(F) of such Act (42 U.S.C. 402(d)(1)(F)) is amended by striking “the earlier of—” and all that follows through “the age of 19,” and inserting the following:
“(i) the first month during no part of which the child is a full-time elementary or secondary school student or (in the case of the child of an individual described in subparagraph (B)(iii)) a qualifying post-secondary school student,
“(ii) the month in which the child attains the age of 19, but (in the case of the child of an individual described in subparagraph (B)(iii)) only if the child is not a qualifying post-secondary school student during any part of such month, or
“(iii) the month in which the child attains the age of 26,”
Section 202(d)(1)(G) of such Act (42 U.S.C. 402(d)(1)(G)) is amended by striking “(if later)” and all that follows through the “the age of 19,” and inserting the following:
“(ii) the first month during no part of which the child is a full-time elementary or secondary school student or (in the case of the child of an individual who is described in subparagraph (B)(iii)) a qualifying post-secondary school student,
“(iii) the month in which the child attains the age of 19, but (in the case of the child of an individual who is described in subparagraph (B)(iii)) only if the child is not a qualifying post-secondary school student during any part of such month, or
“(iv) the month in which the child attains the age of 26,”
Section 202(d)(6)(A) of such Act (42 U.S.C. 402(d)(6)(A)) is amended to read as follows:
“(A)
“(i) is a full-time elementary or secondary school student and has not attained the age of 19,
“(ii) in the case of the child of an individual who is described in paragraph (1)(B)(iii), is a qualifying post-secondary school student and has not attained the age of 26, or
“(iii) is under a disability (as defined in section 223(d)) and has not attained the age of 22, or”
Section 202(d)(6)(D) of such Act (42 U.S.C. 402(d)(6)(D)) is amended to read as follows:
“(D) the earlier of—
“(i) the first month during no part of which the child is—
“(I) under a disability (as so defined),
“(II) a full-time elementary or secondary school student, or
“(III) in the case of the child of an individual who is described in paragraph (1)(B)(iii), a qualifying post-secondary school student,
“(ii) the month in which the child attains the age of 19, but only if—
“(I) the child is not under a disability (as so defined) in such month,
“(II) in the case of the child of an individual who is described in paragraph (1)(B)(iii), the child is not a qualifying post-secondary school student during any part of such month, or
“(iii) the month in which the child attains the age of 26, but only if the child is not under a disability (as so defined) in such month; or”
Section 202(d)(6)(E) of such Act (42 U.S.C. 402(d)(6)(E)) is amended by striking “(if later)” and all that follows to the end and inserting the following:
“(i) the first month during no part of which the child is a full-time elementary or secondary school student or (in the case of the child of an individual who is described in paragraph (1)(B)(iii)) a qualifying post-secondary school student,
“(ii) the month in which the child attains the age of 19, but (in the case of the child of an individual who is described in paragraph (1)(B)(iii)) only if the child is not a qualifying post-secondary school student during any part of such month, or
“(iii) the month in which the child attains the age of 26.”
Section 202(d)(7)(D) of such Act (42 U.S.C. 402(d)(7)(D)) is amended—
by striking “A child who” and inserting “(i) A child who”;
by striking “clause (i) of paragraph (1)(B)” and inserting “clause (ii) of paragraph (1)(B)”; and
by adding at the end the following:
“(ii) If the child of an individual who is described in paragraph (1)(B)(iii) attains age 26 at a time when the child is a qualifying post-secondary school student (as defined in subparagraph (A) of this paragraph and without application of subparagraph (B) of this paragraph) on the basis of the child's attendance at a post-secondary school or a comprehensive transition and postsecondary program (as such terms are defined in subparagraph (C)) but has not (at such time) completed the requirements for, or received, a diploma or equivalent certificate from such school or program shall be deemed (for purposes of determining whether the child's entitlement to benefits under this subsection has terminated under paragraph (1)(F) and for purposes of determining the child's initial entitlement to such benefits under clause (iii) of paragraph (1)(B)) not to have attained such age until the first day of the first month following the end of the quarter or semester in which the child is enrolled at such time (or, if the post-secondary school or comprehensive transition and postsecondary program (as so defined) in which the child is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the courses in which the child is so enrolled on the date the child attains age 26 or until the first day of the third month beginning after such time, whichever first occurs).”
Effective date— The amendments made by this section shall take effect on the date of enactment of this Act, and shall apply to applications for child's insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) filed on or after such date.