H.R. 1104 would ensure that foster children are able to use their social security and supplemental security income benefits to address their needs and improve their lives.
Detailed Summary
Foster Children Self-Support Act - Amends titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to ban the use of Social Security or SSI benefits, paid to representative payees on behalf of foster children, to reimburse foster care maintenance payments by states.
Amends SSA title IV part E (Federal Payments for Foster Care and Adoption Assistance) to require the state plan for foster care and adoption assistance to provide for screening of foster children for eligibility for Social Security and SSI benefits and assistance.
Requires written notice to the attorney or guardian ad litem appointed to represent a foster child of the Commissioner of Social Security's initial determination to certify payment of such benefits to a representative payee.
Requires a state plan to require the appropriate state agency to develop a plan for each foster care child receiving Social Security or SSI benefits which is designed to best meet the individual's current and future needs and enable the child to achieve self-support after leaving foster care.
Requires a representative payee to manage the benefits paid on behalf of such a foster child in accordance with the plan developed for the child.
Excludes from the calculation of an individual's resources under the SSI program any assets managed on the individual's behalf in accordance with such plan.
Disregards support and maintenance furnished in cash or in kind in determining the income of foster children under the SSI program.
Status of the Legislation
Latest Major Action: 2/15/2007: Referred to House committee. Status: Referred to the House Committee on Ways and Means.
Points in Favor
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Points Against
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Visitor Comments
wendy
December 12, 2008, 12:15pm (report abuse)Children in Fostor care have the right to recieve social security benefits that they recieve for there individual disability.taking their benefits and putting the benifits back into the sysyem just because they are in fostor care is wrong unjust,inhumaine, incensitive to these children. we are adults and have no right to take advantage of these innocent childen in fostor care have they not suffered enough already? Give them their benefits in fostor care it is just and right.