EMPSA (Eliminating the Marriage Penalty in SSI Act) would change how Supplemental Security Income (SSI) benefits are calculated for adults with intellectual or developmental disabilities (IDD). It creates a new eligibility pathway for adults 18 and older with IDD who meet specified income and resource limits, ensuring they are treated as eligible regardless of marriage. For those individuals, the SSI benefit would be calculated at the single-person rate, with the individual’s own non-excluded income deducted, even if they are married. The act also adds a deeming provision so that, for these married individuals, the spouse’s income and resources are not counted for eligibility or benefit amount. The changes apply to months beginning more than 180 days after enactment (i.e., prospective, not retroactive).
Key Points
- 1Creates a new category of SSI eligibility for adults 18+ with IDD who meet set income and resource limits, allowing eligibility notwithstanding marriage.
- 2Benefit amount for these individuals is calculated at the single-person rate, reduced only by the individual’s own non-excluded income, not by their spouse’s income.
- 3Adds a deeming rule: for married individuals in this category, the spouse’s income and resources are not considered when determining eligibility or benefit amount.
- 4Effective date: changes apply to SSI benefits for months beginning more than 180 days after enactment (prospective effect).
- 5Sponsored and referred in the Senate by Senators Moran and Van Hollen; introduced January 13, 2025 and referred to the Committee on Finance.