[TITLE XVI-GRANTS TO STATES FOR AID TO THE

AGED, BLIND, OR DISABLED] 1

SEC. 1601. [42 U.S.C. 1381 note] For the purpose of enabling each State, as far as practicable under the conditions in such State, to furnish financial assistance to needy individuals who are 65 years of age or over, are blind, or are 18 years of age or over and 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 Secretary of Health, Education, and Welfare, State plans for aid to the aged, blind, or disabled.

STATE PLANS FOR AID TO THE AGED, BLIND, OR DISABLED

SEC. 1602. [42 U.S.C. 1382 note] (a) A State plan for aid to the aged, blind, or disabled, must

(1) except to the extent permitted by the Secretary with respect to services, provide that it shall be in effect in all politi

This Title XVI 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 this Title XVI. The Office of Human Development Services administers social services under this Title XVI.

This Title XVI appears in the United States Code as §§1381 note-1385 note, subchapter XVI, chapter 7, Title 42.

Regulations of the Secretary of Health and Human Services with respect to this Title XVI are contained in subtitle A and chapter XIII, Title 45, Code of Federal Regulations.

P.L. 92-603, 88301 and 303, repealed this title effective January 1, 1974, except with respect to Guam, Puerto Rico, and the Virgin Islands. The Commonwealth of the Northern Marianas may elect to initiate a Title XVI social services program if it chooses.

See Vol. II, 31 U.S.C. 6504-6505 with respect to intergovernmental cooperation and 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", with respect to prohibition against denial of grants-in-aid under certain conditions.

See Vol. II, P.L. 88–352, §601, with respect to 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.

cal subdivisions of the State, and, if 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 or assistance under the plan 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 plan 3, and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or parttime 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 safeguards which permit the use or disclosure 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 connected with the administration of the State plan;

(8) provide that all individuals wishing to make application for aid or assistance under the plan shall have opportunity to do so, and that such aid or assistance shall be furnished with reasonable promptness to all eligible individuals;

(9) provide, if the plan includes aid or assistance to or on behalf of 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;

(10) provide a description of the services (if any) which the State agency makes available (using whatever internal organi

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).

zational arrangement it finds appropriate for this purpose) to applicants for or recipients of aid or assistance under the plan 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;

(11) provide that no aid or assistance will be furnished any individual under the plan with respect to any period with respect to which he is receiving assistance under the State plan approved under title I or aid under a State program funded under part A of title IV or under title X or XIV;

(12) provide that, in determining whether an individual is blind, there shall be an examination by a physician skilled in the diseases of the eye or by an optometrist, whichever the individual may select;

(13) include reasonable standards, consistent with the objectives of this title, for determining eligibility for and the extent of aid or assistance under the plan;

(14) provide that the State agency shall, in determining need for aid to the aged, blind, or disabled, take into consideration any other income and resources of an individual claiming such aid, as well as any expenses reasonably attributable to the earning of any such income; except that, in making such determination with respect to any individual

(A) if such individual is blind, the State agency (i) shall disregard the first $85 per month of earned income plus one-half of earned income in excess of $85 per month, and (ii) shall, for a period not in excess of 12 months, and may, for a period not in excess of 36 months, disregard such additional amounts of other income and resources, in the case of any such individual who has a plan for achieving self-support approved by the State agency, as may be necessary for the fulfillment of such plan,

(B) if such individual is not blind but is permanently and totally disabled, (i) of the first $80 per month of earned income, the State agency may disregard not more than the first $20 thereof plus one-half of the remainder, and (ii) 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 any such 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,

(C) if such individual has attained age 65 and is neither blind nor permanently and totally disabled, of the first $80 per month of earned income the State agency may disregard not more than the first $20 thereof plus one-half of the remainder, and

(D) the State agency may, before disregarding the amounts referred to above in this paragraph (14), disregard not more than $7.50 of any income; 4 and

4 See Vol. II, 10 U.S.C. 2546 with respect to shelter for the homeless at military installations. Continued

(15) 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. Notwithstanding paragraph (3), if on January 1, 1962, and on the date on which a State submits its plan for approval under this title, the State agency which administered or supervised the ad

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. 88-525, §8(b), with respect to the 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.

See Vol. II, P.L. 93-112, §613(c), with respect to conditional exclusion of wages, allowances, transportation reimbursement, and attendant care costs.

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

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, §410(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(h)(6), 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. 100-409, §5, with respect to the effect of this Act on P.L. 92-203 or P.L. 96-487.

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, §8(b), with respect to exclusion, from income or resources, of funds held in trust or distributed to Seminole Indians.