[TITLE XIV-GRANTS TO STATES FOR AID TO THE PERMANENTLY AND TOTALLY DISABLED] 1

TABLE OF CONTENTS OF TITLE 2

Appropriation....

State plans for aid to the permanently and totally disabled

Sec. 1401.

Sec. 1402.

Sec. 1403.

Payment to States.....

Page

687

687

690

691

692

APPROPRIATION

SEC. 1401. [42 U.S.C. 1351] For the purpose of enabling each State to furnish financial assistance, as far as practicable under the conditions in such State, to needy individuals eighteen years of age and older who are permanently and totally disabled, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this title. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Administrator, State plans for aid to the permanently and totally disabled.

STATE PLANS FOR AID TO THE PERMANENTLY AND TOTALLY DISABLED SEC. 1402. [42 U.S.C. 1352] (a) A State plan for aid to the permanently and totally disabled must (1) except to the extent permitted by the Secretary with respect to services, provide that it shall be in effect in all political subdivisions of the State, and, if

IP.L. 92-603, $303, repealed Title XIV, effective January 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands. The Commonwealth of the Northern Marianas may elect to initiate a Title XIV social services program if it chooses; see Vol. II, P.L. 94-241, (Covenant to Establish a Commonwealth of the Northern Marianas].

Title XIV of the Social Security Act is administered by the Department of Health and Human Services. The Office of Family Assistance, Family Support Administration, administers benefit payments under Title XIV. The Office of Human Development Services administers social services under Title XIV.

Title XIV appears in the United States Code as §§1351-1355, subchapter XIV, chapter 7, Title 42.

Regulations of the Secretary of Health and Human Services relating to Title XIV are contained in chapter 1, Title 42, and subtitle A and chapter XIII, Title 45, Čode of Federal Regula

tions.

See Vol. II, 31 U.S.C. 6504-6505 with respect to intergovernmental cooperation.

See Vol. II, 31 U.S.C. 7501-7507 with respect to uniform audit requirements for State and local governments receiving Federal financial assistance.

See Vol. II, P.L. 82-183, §618, for the "Jenner Amendment", which prohibits denial of grantsin-aid under certain conditions.

See Vol. II, P.L. 88-352, §601, for prohibition against discrimination in Federally assisted programs.

See Vol. II, P.L. 89-97, §121(b), with respect to restrictions on payment to a State receiving payments under Title XIX

See Vol. II, P.L. 95-521, §102(i), with respect to reporting of benefits received under the Social Security Act.

2 This table of contents does not appear in the law.

administered by them, be mandatory upon them; (2) provide for financial participation by the State; (3) either provide for the establishment or designation of a single State agency to administer the plan, or provide for the establishment or designation of a single State agency to supervise the administration of the plan; (4) provide (A) for granting an opportunity for a fair hearing before the State agency to any individual whose claim for aid to the permanently and totally disabled is denied or is not acted upon with reasonable promptness, and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing; (5) provide (A) such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Secretary to be necessary for the proper and efficient operation of the plan3, and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or part-time employment of recipients and other persons of low income, as community service aides, in the administration of the plan and for the use of nonpaid or partially paid volunteers in a social service volunteer program in providing services to applicants and recipients and in assisting any advisory committees established by the State agency; (6) provide that the State agency will make such reports, in such form and containing such information, as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports; (7) provide that no aid will be furnished any individual under the plan with respect to any period with respect to which he is receiving old-age assistance under the State plan approved under section 2 of this Act, assistance under a State program funded under part A of title IV or aid to the blind under the State plan approved under section 1002 of this Act; (8) provide that the State agency shall, in determining need, take into consideration any other income and resources of an individual claiming aid to the permanently and totally disabled, as well as any expenses reasonably attributable to the earning of any such income; except that, in making such determination, (A) the State agency may disregard not more than $7.50 of any income, (B) of the first $80 per month of additional income which is earned the State agency may disregard not more than the first $20 thereof plus one-half of the remainder, and (C) the State agency may, for a period not in excess of 36 months, disregard such additional amounts of other income and resources, in the case of an individual who has a plan for achieving self-support approved by the State agency, as may be necessary for the fulfillment of such plan, but only with respect to the part or parts of such period during substantially all of which he is actually undergoing vocational rehabilitation; 4 (9) provide safeguards which permit the use or dis

3P.L. 91-648, §208(a)(3)(D), transferred to the U.S. Civil Service Commission, effective March 6, 1971, all powers, functions, and duties of the Secretary under subparagraph (A). 4 See Vol. II, 10 U.S.C. 2546 with respect to shelter for the homeless at military installations.

closure of information concerning applicants or recipients only (A) to public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly

See Vol. II, P.L. 81–171, §521(a)(1)(E), with respect to exclusion from income and resources of certain assistance rendered to provide occupant-owned, rental and cooperative housing.

See Vol. II, P.L. 87-543, §141(b), with respect to ineligibility to receive payments under Title XIV where payments have been made under Title XVI.

See Vol. II, P.L. 88-525, §8(b), with respect to exclusion from income and resources of the value of food stamps.

See Vol. II, P.L. 89-73, §210(b), with respect to exclusion from income of the costs of any project under that act.

See Vol. II, P.L. 89-329, §479B, with respect to exclusion from income or resources of certain student financial assistance.

See Vol. II, P.L. 90-248, §248(c), effective July 1, 1969, with respect to income disregards applicable to Guam, Puerto Rico, and the Virgin Islands.

See Vol. II, P.L. 91-646, §216, with respect to exclusion from income of payments made under that act.

See Vol. II, P.L. 93–112, §613(c), for the conditional exclusion from income of wages, allowances, transportation reimbursement, and attendant care provided to handicapped individuals under community service employment pilot programs.

See Vol. II, P.L. 93–113, §404(g), with respect to exclusion from income and resources of payments to volunteers under that act.

See Vol. II, P.L. 93-134, §§7 and 8, with respect to exclusion from income and resources of certain judgment funds to any Indian tribe.

See Vol. II, P.L. 93–288, §312(d), with respect to exclusion from income and resources of certain Federal major disaster and emergency assistance.

See Vol. II, P.L. 94-114, §6, with respect to exclusion from income and resources of property and receipts from submarginal land to certain Indians.

See Vol. II, P.L. 95-433, §2, with respect to exclusion from income and resources of certain judgment funds.

See Vol. II, P.L. 95-498, §6, with respect to an income and resources exclusion applicable to the Pueblo of Santa Ana Indians, New Mexico.

See Vol. II, P.L. 95-499, §6, with respect to an income and resources exclusion applicable to the Pueblo of Zia Indians, New Mexico.

See Vol. II, P.L. 95-557, 8410(b), with respect to exclusion from income of services (but not of wages) provided to a public housing resident or to a resident of a housing project assisted under the "Housing Act of 1959" (see Vol. II, P.L. 86-372, §202).

See Vol. II, P.L. 97-35, §2605(f), with respect to exclusion from income and resources of home energy assistance payments or allowances.

See Vol. II, P.L. 98–64, §2(a), with respect to exclusion from income and resources of per capita payments to Indians.

See Vol. II, P.L. 98-432, §5(e), with respect to exclusion from income and resources of certain judgment funds.

See Vol. II, P.L. 98–500, §8, with respect to exclusion from income and resources of certain judgment funds.

See Vol. II, P.L. 98-602, §106(d), with respect to exclusion from income and resources of certain funds distributed per capita.

See Vol. II, P.L. 99-130, §8, with respect to exclusion from income and resources of certain funds.

See Vol. II, P.L. 99–146, §6(b), with respect to exclusion from income and resources of certain funds.

See Vol. II, P.L. 99–264, §16, with respect to exclusion from income and resources of certain judgment funds.

See Vol. II, P.L. 99–346, §6(b), with respect to exclusion from income and resources of certain judgment funds.

See Vol. II, P.L. 99-377, §4(b), with respect to exclusion from income and resources of certain judgment funds.

See Vol. II, P.L. 100-139, §4(hX6), with respect to exclusion of benefits as basis for denial of eligibility.

See Vol. II, P.L. 100-407, §105(g), with respect to the effect of financial assistance under that

Act.

See Vol. II, P.L. 100409, §5, with respect to the effect of this Act on P.L. 92-203 or P.L. 96487.

See Vol. II, P.L. 100-411, §2(d)(3)(B), with respect to the effect of per capita payments.

See Vol. II, P.L. 100-581, §§501, 502(b)(1), and 503, with respect to exclusion from income and resources of certain judgment funds.

See Vol. II, P.L. 101-41, §10(b)-(d), with respect to eligibility for Federal programs and treatment of funds, assets, and income.

See Vol. II, P.L. 101-42, §3, with respect to the restoration of Federal recognition, rights, and privileges.

See Vol. II, P.L. 101-201, with respect to Agent Orange settlement payments.

See Vol. II, P.L. 101-239, §10405, with respect to Agent Orange settlement payments excluded from countable income and resources under Federal means-tested programs.

See Vol. II, P.L. 101-277, 88(b), with respect to exclusion, from income or resources, of funds held in trust or distributed to Seminole Indians.

connected with the administration of the State plan;5 (10) provide that all individuals wishing to make application for aid to the permanently and totally disabled shall have opportunity to do so, and that aid to the permanently and totally disabled shall be furnished with reasonable promptness to all eligible individuals; (11) effective July 1, 1953, provide, if the plan includes payments to individuals in private or public institutions, for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for such institutions; (12) provide a description of the services (if any) which the State agency makes available (using whatever internal organizational arrangement it finds appropriate for this purpose) to applicants for and recipients of aid to the permanently and totally disabled to help them attain self-support or self-care, including a description of the steps taken to assure, in the provision of such services, maximum utilization of other agencies providing similar or related services; and (13) provide that information is requested and exchanged for purposes of income and eligibility verification in accordance with a State system which meets the requirements of section 1137 of this Act.

(b) The Secretary shall approve any plan which fulfills the conditions specified in subsection (a), except that he shall not approve any plan which imposes, as a condition of eligibility for aid to the permanently and totally disabled under the plan

(1) Any residence requirement which excludes any resident of the State who has resided therein five years during the nine years immediately preceding the application for aid to the permanently and totally disabled and has resided therein continuously for one year immediately preceding the application;

(2) Any citizenship requirement which excludes any citizen of the United States.

At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this title.

PAYMENT TO STATES

SEC. 1403. [42 U.S.C. 1353] (a) From the sums appropriated therefor, the Secretary of the Treasury shall pay to each State which has an approved plan for aid to the permanently and totally disabled, for each quarter, beginning with the quarter commencing October 1, 1958

[ (1) Stricken. 6 ]

(2) in the case of Puerto Rico, the Virgin Islands, and Guam, an amount equal to one-half of the total of the sums expended during such quarter as aid to the permanently and totally disabled under the State plan, not counting so much of any expenditure with respect to any month as exceeds $37.50 multiplied by the total number of recipients of aid to the permanently and totally disabled for such month; and

5 See Vol. II, P.L. 82-183, §618, for the "Jenner Amendment", with respect to denial of grantsin-aid under certain conditions.

"P.L. 97-35, §2184(c)2XA); 95 Stat. 817.