SM 47

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A MEMORIAL

REQUESTING CONGRESS TO REMOVE THE PENALTY ASSOCIATED WITH

BEING A MARRIED INDIVIDUAL WITH A DISABILITY RECEIVING

SUPPLEMENTAL SECURITY INCOME BENEFITS.

WHEREAS, in the past, individuals with disabilities were

not expected to fully participate as equal members of their

communities; and

WHEREAS, in the past, individuals with disabilities were

not perceived as capable of developing loving relationships

with others; and

WHEREAS, individuals with disabilities have the same

need as people without disabilities to develop and maintain

permanent loving relationships; and

WHEREAS, many individuals with disabilities hold

religious and moral beliefs that preclude them from living

together as husband and wife without being married; and

WHEREAS, individuals with disabilities want to marry and

live as full members of their communities; and

WHEREAS, individuals with disabilities often depend on

supplemental security income from federal social security and

other governmental benefits for meeting their basic living

requirements; and

WHEREAS, social security law places strict limits on the

amount of resources that individuals with disabilities are

SM 47

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allowed to hold; and

WHEREAS, when two individuals with disabilities each

receiving supplemental security income get married, social

security laws require that one of those individuals receive a

reduced supplemental security income benefit as a marriage

penalty; and

WHEREAS, two unmarried individuals with disabilities

living in the same residence each receive the full federal

benefit rate; and

WHEREAS, of the three major public income assistance

programs, temporary assistance for needy families, food

stamps and supplemental security income, supplemental

security income is the only one to use marital status in

determining the amount of an individual's benefit;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE

STATE OF NEW MEXICO that the United States congress be

requested to remove the penalty associated with being a

married individual with a disability receiving supplemental

security income benefits; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to each member of New Mexico's congressional

delegation.