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Internal Revenue Code, § 7527. Advance Payment Of Credit For Health Insurance Costs Of Eligible Individuals

I.R.C. § 7527(a) General Rule
Not later than the date that is 1 year after the date of the enactment of the Trade Adjustment Assistance Reauthorization Act of 2015, the Secretary shall establish a program for making payments on behalf of certified individuals to providers of qualified health insurance (as defined in section 35(e)) for such individuals.
I.R.C. § 7527(b) Limitation On Advance Payments During Any Taxable Year
The Secretary may make payments under subsection (a) only to the extent that the total amount of such payments made on behalf of any individual during the taxable year does not exceed 72.5 percent of the amount paid by the taxpayer for coverage of the taxpayer and qualifying family members under qualified health insurance for eligible coverage months beginning in the taxable year.
I.R.C. § 7527(c) Certified Individual
For purposes of this section, the term “certified individual” means any individual for whom a qualified health insurance costs credit eligibility certificate is in effect.
I.R.C. § 7527(d) Qualified Health Insurance Costs Eligibility Certificate
I.R.C. § 7527(d)(1) In General
For purposes of this section, the term “qualified health insurance costs eligibility certificate” means any written statement that an individual is an eligible individual (as defined in section 35(c)) if such statement provides such information as the Secretary may require for purposes of this section and—
I.R.C. § 7527(d)(1)(A)
in the case of an eligible TAA recipient (as defined in section 35(c)(2)) or an eligible alternative TAA recipient (as defined in section 35(c)(3)), is certified by the Secretary of Labor (or by any other person or entity designated by the Secretary), or
I.R.C. § 7527(d)(1)(B)
in the case of an eligible PBGC pension recipient (as defined in section 35(c)(4)), is certified by the Pension Benefit Guaranty Corporation (or by any other person or entity designated by the Secretary).
I.R.C. § 7527(d)(2) Inclusion Of Certain Information
In the case of any statement described in paragraph (1), such statement shall not be treated as a qualified health insurance costs credit eligibility certificate unless such statement includes—
I.R.C. § 7527(d)(2)(A)
the name, address, and telephone number of the State office or offices responsible for providing the individual with assistance with enrollment in qualified health insurance (as defined in section 35(e)),
I.R.C. § 7527(d)(2)(B)
a list of the coverage options that are treated as qualified health insurance (as so defined) by the State in which the individual resides, and
I.R.C. § 7527(d)(2)(C)
in the case of a TAA-eligible individual (as defined in section 4980B(f)(5)(C)(iv)(II)), a statement informing the individual that the individual has 63 days from the date that is 7 days after the date of the issuance of such certificate to enroll in such insurance without a lapse in creditable coverage (as defined in section 9801(c)).
I.R.C. § 7527(e) Payment For Premiums Due Prior To Commencement Of Advance Payments
I.R.C. § 7527(e)(1) In General
The program established under subsection (a) shall provide that the Secretary shall make 1 or more retroactive payments on behalf of a certified individual in an aggregate amount equal to 72.5 percent of the premiums for coverage of the taxpayer and qualifying family members under qualified health insurance for eligible coverage months (as defined in section 35(b)) occurring—
I.R.C. § 7527(e)(1)(A)
after the date that is 1 year after the date of the enactment of the Trade Adjustment Assistance Reauthorization Act of 2015; and
I.R.C. § 7527(e)(1)(B)
prior to the first month for which an advance payment is made on behalf of such individual under subsection (a).
I.R.C. § 7527(e)(2) Reduction Of Payment For Amounts Received Under National Emergency Grants
The amount of any payment determined under paragraph (1) shall be reduced by the amount of any payment made to the taxpayer for the purchase of qualified health insurance under a national emergency grant pursuant to section 173(f) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act) for a taxable year including the eligible coverage months described in paragraph (1).
(Added by Pub. L. 107-210, title II, Sec. 202(a), Aug. 6, 2002, 116 Stat. 933; and amended by Pub. L. 111-5, div. B, title I, Sec. 1899A, 1899B(a), 1899H(a), Feb. 17, 2009, 123 Stat. 115; Pub. L. 111-344, title I, Sec. 111, 112, 118, Dec. 29, 2010, 124 Stat. 3611; Pub. L. 112-40, title II, Sec. 241(b), Oct. 21, 2011, 125 Stat. 401; Pub. L. 113-128, title V, Sec. 512(r), July 22, 2014; Pub. L. 114-27, title IV, Sec. 407(c), June 29, 2015.)
BACKGROUND NOTES
AMENDMENTS
2015 - Subsec. (a). Pub. L. 114-27, Sec. 407(c)(1), amended subsec. (a) by substituting “the date that is 1 year after the date of the enactment of the Trade Adjustment Assistance Reauthorization Act of 2015” for “August 1, 2003”.
Subsec. (e)(1). Pub. L. 114-27, Sec. 407(c)(2), amended par. (1) by substituting “occurring—(A) after the date that is 1 year after the date of the enactment of the Trade Adjustment Assistance Reauthorization Act of 2015; and (B) prior to the first month for which an advance payment is made on behalf of such individual under subsection (a).” for “occurring prior to the first month for which an advance payment is made on behalf of such individual under subsection (a).”.
2014 - Subsec. (e)(2). Pub. L. 113-128, Sec. 512(r), amended par. (2) by adding “(as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act)” after “of 1998”.
2011 - Subsec. (b). Pub. L. 112-40, Sec. 241(b)(2)(A), amended subsec. (b) by substituting “72.5 percent” for “65 percent (80 percent in the case of eligible coverage months beginning before February 13, 2011)”.
Subsec. (d)(2). Pub. L. 112-40, Sec. 241(b)(2)(B), amended par. (2) by striking “which is issued before February 13, 2011” after “described in paragraph (1)”.
Subsec. (e). Pub. L. 112-40, Sec. 241(b)(2)(C), amended subsec. (e) by substituting “72.5 percent” for “80 percent”.
Subsec. (e). Pub. L. 112-40, Sec. 241(b)(2)(D), amended the introductory language of subsec. (e) by striking “In the case of eligible coverage months beginning before February 13, 2011—”.
2010 - Subsec. (b). Pub. L. 111-344, Sec. 111(b), amended subsec. (b) by substituting “February 13, 2011” for “January 1, 2011”.
Subsec. (d)(2). Pub. L. 111-344, Sec. 118(a), amended par. (2) by substituting “February 13, 2011” for “January 1, 2011”.
Subsec. (e). Pub. L. 111-344, Sec. 112(a), amended subsec. (e) by substituting “February 13, 2011” for “January 1, 2011”.
2009 - Subsec. (b). Pub. L. 111-5, Div. B, Sec. 1899A, amended subsec. (b) by inserting “(80 percent in the case of eligible coverage months beginning before January 1, 2011)”.
Subsec. (d). Pub. L. 111-5, Div. B, Sec. 1899H(a), amended subsec. (d). Before being amended, it read as follows:
“(d) Qualified Health Insurance Costs Credit Eligibility Certificate.-- For purposes of this section, the term “qualified health insurance costs credit eligibility certificate" means any written statement that an individual is an eligible individual (as defined in section 35(c)) if such statement provides such information as the Secretary may require for purposes of this section and--
“(1) in the case of an eligible TAA recipient (as defined in section 35(c)(2)) or an eligible alternative TAA recipient (as defined in section 35(c)(3)), is certified by the Secretary of Labor (or by any other person or entity designated by the Secretary), or
“(2) in the case of an eligible PBGC pension recipient (as defined in section 35(c)(4)), is certified by the Pension Benefit Guaranty Corporation (or by any other person or entity designated by the Secretary).”
Subsec. (e). Pub. L. 111-5, Div. B, Sec. 1899B(a), added subsec. (e).
EFFECTIVE DATE OF 2015 AMENDMENTS
Amendments by Sec. 407(c) of Pub. L. 114-27 effective for coverage months in taxable years beginning after December 31, 2013.
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Sec. 512(r) of Pub. L. 113-128 effective on the date of enactment of this Act [Enacted: July 22, 2014].
EFFECTIVE DATE OF 2011 AMENDMENTS
Amendments by Sec. 241(b)(2)(A) and (C) of Pub. L. 112-40 effective for coverage months beginning after February 12, 2011.
Amendment by Sec. 241(b)(2)(B) of Pub. L. 112-40 effective for certificates issued after the date which is 30 days after the date of the enactment of this Act [Enacted: Oct. 21, 2011].
Amendment by Sec. 241(b)(2)(D) of Pub. L. 112-40 effective for coverage months beginning after the date which is 30 days after the date of the enactment of this Act [Enacted: Oct. 21, 2011].
EFFECTIVE DATE OF 2010 AMENDMENTS
Amendment by Sec. 111(b) of Pub. L. 111-344 effective for coverage months beginning after December 31, 2010.
Amendment by Sec. 112(a) of Pub. L. 111-344 effective for coverage months beginning after December 31, 2010.
Amendment by Sec. 118(a) of Pub. L. 111-344 effective for certificates issued after December 31, 2010.
EFFECTIVE DATE OF 2009 AMENDMENTS
Amendment by Sec. 1899A(a)(2) of Pub. L. 111-5, Div. B, effective for coverage months beginning on or after the first day of the first month beginning 60 days after the date of the enactment of this Act [Enacted: Feb. 17, 2009].
Amendment by Sec. 1899B(a) of Pub. L. 111-5, Div. B, effective for coverage months beginning after December 31, 2008.
Amendment by Sec. 1899H(a) of Pub. L. 111-5, Div. B, effective for certificates issued after the date that is 6 months after the date of the enactment of this Act [Enacted: Feb. 17, 2009].
EFFECTIVE DATE
Effective on the date of the enactment of this Act [Enacted: Aug. 6, 2002].