; (C) by striking was under a disability and inserting is under a disability ; (D) by striking living at the time and all that follows through , or (B) and inserting , (B) ; and (E) by inserting , or (C) a court of competent jurisdiction has issued an order granting custody of such person to the individual or the individual’s spouse before the first period. (b) Conforming amendments Section 202(d)(1) of the Social Security Act ( 42 U.S.C. 402(d)(1) ) is amended— (1) by striking subparagraphs (A), (B), and (C) and inserting subparagraphs (A) and (B) and subparagraph (C) or paragraph (9) (as applicable)