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![handle is hein.crs/govehwk0001 and id is 1 raw text is: Congressional Research Service
Informing the legislative debate since 1914
June 22, 2022
Social Security: Are Benefits Paid to Incarcerated Individuals?
Background
Social Security is a work-related federal benefit program
that is funded primarily by dedicated payroll taxes paid by
covered workers and their employers. The program pays
monthly cash benefits to eligible workers when they retire
or become disabled and to the eligible family members of
retired, disabled, or deceased workers. In general, because
Social Security is a work-related contributory program,
there are few restrictions on the payment of benefits to
individuals who have established entitlement to benefits.
An individual becomes entitled to benefits when he or she
meets all of the eligibility requirements for benefits and
files an application for benefits with the Social Security
Administration (SSA). For background on Social Security,
see CRS Report R42035, Social Security Primer.
One exception is the payment of benefits to individuals who
are incarcerated. This In Focus explains what happens to an
individual's Social Security benefit payments during a
period of incarceration and to benefits paid to family
members on the basis of that individual's work record, as
well as other related issues.
The discussion focuses on benefits for individuals who are
incarcerated (prisoners and certain other inmates of public
institutions). Rules governing the nonpayment of benefits
for incarcerated individuals generally also apply to fugitive
felons and to individuals who are in violation of probation
or parole. However, this In Focus does not address these
individuals. Similarly, this In Focus does not address
Supplemental Security Income (SSI) benefits with respect
to incarcerated individuals. SSI is a separate need-based
program that is also administered by SSA.
Are Benefits Paid to an lndividual Who Is
Incarcerated?
Stated generally, Social Security benefits are suspended
when (1) a beneficiary is convicted of a criminal offense
and sentenced to a period of confinement in a correctional
facility or institution and (2) based on that conviction the
beneficiary remains confined in a U.S. correctional facility
or institution for more than 30 continuous days. See SSA's
Program Operations Manual System (POMS), Section GN
02607.160: Title II Prisoner Suspension Provisions, at
https://secure.ssa.gov/apps10/poms.nsf/lnx/0202607160.
Social Security benefits are not suspended if a beneficiary
is in custody at a correctional institution while awaiting
trial. Conviction must occur before an individual's benefits
are suspended. See SSA's POMS, Section GN 02607.200:
Special Legal Considerations for Prisoner Suspensions, at
https://secure.ssa.gov/apps10/poms.nsf/lnx/0202607200.
Specific circumstances of confinement resulting in the
suspension of benefits are outlined in the Social Security
Act. In part, Section 202(x)(1)(A) of the Social Security
Act states that, with respect to periods of confinement for
more than 30 continuous days, no monthly Social Security
benefits shall be paid to individuals who are:
confined in a jail, prison, or other penal institution or
correctional facility pursuant to his [or her] conviction of
a criminal offense,
confined by court order in an institution at public expense
in connection with-
a verdict or finding that the individual is guilty but
insane, with respect to a criminal offense,
a verdict or finding that the individual is not guilty
of such an offense by reason of insanity,
a finding that such individual is incompetent to stand
trial under an allegation of such an offense, or
a similar verdict or finding with respect to such an
offense based on similar factors (such as a mental
disease, a mental defect, or mental incompetence),
[or]
immediately upon completion of confinement as
described in [the first condition above] pursuant to
conviction of a criminal offense an element of which is
sexual activity, is confined by court order in an institution
at public expense pursuant to a finding that the individual
is a sexually dangerous person or a sexual predator or a
similar finding[.]
Section 202(x) of the Social Security Act (Limitation on
Payments to Prisoners, Certain Other Inmates of Publicly
Funded Institutions, Fugitives, Probationers, and Parolees)
is at https://www.ssa.gov/OP_Home/ssact/title02/0202.htm.
See also Title 42, Section 402(x), of the U.S. Code.
Section 204(a)(1)(B)(ii) of the Social Security Act prohibits
the payment of any retroactive Social Security benefits to
incarcerated individuals. Section 204 of the Social Security
Act (Overpayments and Underpayments) is at
https://www.ssa.gov/OP_Home/ssact/title02/0204.htm. See
also Title 42, Section 404, of the U.S. Code.
Are Benefits Paid to Eligible Family
Members?
Under Section 202(x)(2) of the Social Security Act, benefits
paid to eligible family members (e.g., a spouse or a
dependent child) on the basis of an incarcerated individual's
work record continue to be paid as though the incarcerated
individual were receiving benefits.](ViewImageLocal?handle=hein.crs/govehwk0001&div=1&collection=&method=preview&ext=.png&size=3)