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HHS reports 35 states eliminate 'orphan tax' on Social Security benefits

The Department of Health and Human Services announced that 35 states have ceased intercepting Social Security benefits intended for orphans in foster care, known as the "orphan tax." This change ensuโ€ฆ

HHS touts 35 states that have scaled back โ€˜orphan taxโ€™ on Social Security benefits
The Hill โ€” 11 August 2026
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Officials from the Department of Health and Human Services (HHS) announced on Tuesday that 35 states have stopped the practice of intercepting federal Social Security benefits meant for orphans in foster care. This change comes after years of advocacy and scrutiny over the so-called "orphan tax," which allowed state agencies to take survivor benefits intended for children whose parents have died.

The issue gained national attention as advocates highlighted the financial burden placed on vulnerable children. For decades, funds that should have supported these orphans were redirected to state coffers, leaving many children in foster care with less financial support. The HHSโ€™s announcement marks a significant step toward ensuring that the benefits intended for these children are delivered directly to them, providing much-needed resources during a challenging time.

The decision to end this practice is part of a broader movement aimed at reforming how states handle orphaned children's benefits. Advocates argue that the funds are essential for covering basic needs, including education and healthcare. According to HHS, the change could affect thousands of children, ensuring they receive full access to the benefits they deserve. The shift reflects growing recognition of the importance of financial security for children in foster care, who often face instability and uncertainty.

Looking ahead, it remains to be seen how quickly the remaining states will implement these changes and what additional reforms may follow. The Biden administration has indicated that it will continue to push for policies that prioritize the welfare of children, particularly those in foster care. This development matters not only for the financial well-being of orphans but also for the broader conversation about support systems for vulnerable populations in the U.S.

Read Full Story at The Hill โ†’
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