H.R.1757 - Eliminating the Marriage Penalty in SSI Act; EMPSA Act (119th Congress)
Summary
H.R.1757, also known as the Eliminating the Marriage Penalty in SSI Act or EMPSA Act, aims to amend Title XVI of the Social Security Act. The bill seeks to ensure that Supplemental Security Income (SSI) benefits for adults with intellectual or developmental disabilities are not reduced due to marriage. This would be achieved by disregarding spousal income and resources when determining SSI eligibility and benefit amounts for this specific population.
The bill modifies sections 1611(a), 1611(b), and 1614(f) of the Social Security Act. These changes would allow eligible individuals with intellectual or developmental disabilities to receive SSI benefits at the individual rate, regardless of their marital status or their spouse's income and resources.
The bill was introduced in the House of Representatives on February 27, 2025, and referred to the Committee on Ways and Means.
Expected Effects
The primary effect of this bill, if enacted, would be to eliminate the 'marriage penalty' for SSI recipients with intellectual or developmental disabilities. This means that these individuals would not lose or have their SSI benefits reduced if they choose to marry.
This change would provide financial stability and greater autonomy for affected individuals. It would also remove a disincentive to marriage, allowing them to make personal decisions without fear of losing essential benefits.
Potential Benefits
- Financial Stability: Ensures that individuals with intellectual or developmental disabilities can maintain their SSI benefits even after marriage.
- Promotes Autonomy: Removes a financial disincentive to marriage, allowing individuals to make personal choices freely.
- Reduces Inequality: Addresses a specific disparity in the SSI system that penalizes marriage for a vulnerable population.
- Simplifies Benefit Calculation: Streamlines the process of determining SSI eligibility and benefit amounts for affected individuals by disregarding spousal income and resources.
- Supports Families: Strengthens families by removing financial barriers to marriage for individuals with disabilities.
Potential Disadvantages
- Potential Increased Costs: Expanding SSI eligibility could lead to increased costs for the Social Security Administration.
- Complexity in Implementation: Implementing the changes may require adjustments to existing SSI systems and procedures.
- Risk of Fraud: Disregarding spousal income could create opportunities for fraud or abuse, requiring careful monitoring.
- Limited Scope: The bill only addresses the marriage penalty for a specific subset of SSI recipients (those with intellectual or developmental disabilities), potentially creating a perception of unfairness among other SSI recipients.
- Potential for Unintended Consequences: Changes to SSI eligibility rules could have unforeseen impacts on other related programs or benefits.
Most Disadvantaged Areas:
Constitutional Alignment
The bill appears to align with the general welfare clause of the Constitution (Preamble). By providing additional support to a vulnerable population, it promotes the general welfare.
Congress has the power to legislate regarding Social Security under Article I, Section 8, Clause 1, which grants the power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States.
There are no apparent constitutional conflicts, as the bill does not infringe upon individual rights or freedoms.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).