ministration of the plan of such State approved under title X was different from the State agency which administered or supervised the administration of the plan of such State approved under title I and the State agency which administered or supervised the administration of the plan of such State approved under title XIV, the State agency which administered or supervised the administration of such plan approved under title X may be designated to administer or supervise the administration of the portion of the State plan for aid to the aged, blind, or disabled which relates to blind individuals and a separate State agency may be established or designated to administer or supervise the administration of the rest of such plan; and in such case the part of the plan which each such agency administers, or the administration of which each such agency supervises, shall be regarded as a separate plan for purposes of this title. (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 or assistance under the plan (1) an age requirement of more than sixty-five years; or (2) 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 such aid and has resided therein continuously for one year immediately preceding the application, 5; or (3) 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. In the case of any State to which the provisions of section 344 of the Social Security Act Amendments of 19506 were applicable on January 1, 1962, and to which the sentence of section 1002(b) following paragraph (2) thereof is applicable on the date on which its State plan for aid to the aged, blind, or disabled was submitted for approval under this title, the Secretary shall approve the plan of such State for aid to the aged, blind, or disabled for purposes of this title, even though it does not meet the requirements of paragraph (14) of subsection (a), if it meets all other requirements of this title for an approved plan for aid to the aged, blind, or disabled; but payments under section 1603 shall be made, in the case of any such plan, only with respect to expenditures thereunder which would be included as expenditures for the purposes of section 1603 under a plan approved under this section without regard to the provisions of this sentence. (c) Subject to the last sentence of subsection (a), nothing in this title shall be construed to permit a State to have in effect with respect to any period more than one State plan approved under this title. "As in original. Comma should be stricken. "P.L. 87-543, §136(b), [76 Stat. 197], repealed §344, effective July 25, 1962. PAYMENTS TO STATES SEC. 1603. [42 U.S.C. 1383 note] (a) From the sums appropriated therefor, the Secretary shall pay to each State which has a plan approved under this title, for each quarter, beginning with the quarter commencing October 1, 1962 [ (1) Stricken. 7] (2) in the case of Puerto Rico, the Virgin Islands, and Guam, an amount equal to (A) one-half of the total of the sums expended during such quarter as aid to the aged, blind, or 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 aged, blind, or disabled for such month; plus (B) one-half of the amount by which such expenditures exceed the maximum which may be counted under clause 8 (A), not counting so much of any expenditure with respect to any month as exceeds the product of $45 multiplied by the total number of such recipients of aid to the aged, blind, or disabled for such month; and [ (3) Stricken. 9] (4) in the case of any State, an amount equal to 50 percent of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan. (b)(1) Prior to the beginning of each quarter, the Secretary shall estimate the amount to which a State will be entitled under subsection (a) for such quarter, such estimates to be based on (A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with the provisions of such subsection, and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than the State's proportionate share of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived, and (B) such other investigation as the Secretary may find necessary. (2) The Secretary shall then pay, in such installments as he may determine, to the State the amount so estimated, reduced or increased to the extent of any overpayment or underpayment which the Secretary determines was made under this section to such State for any prior quarter and with respect to which adjustment has not already been made under this subsection. (3) The pro rata share to which the United States is equitably entitled, as determined by the Secretary, of the net amount recovered during any quarter by the State or any political subdivision thereof with respect to aid or assistance furnished under the State plan, but excluding any amount of such aid or assistance recovered from the estate of a deceased recipient which is not in excess of the amount expended by the State or any political subdivision thereof for the funeral expenses of the deceased, shall be considered an overpayment to be adjusted under this subsection. 7P.L. 97-35, §2184(d)(5)A); 95 Stat. 818. 8 As in original. Possibly, should be "subparagraph”. 9P.L. 97-35, §2184(d)5XA); 95 Stat. 818. (4) Upon the making of any estimate by the Secretary under this subsection, any appropriations available for payments under this section shall be deemed obligated. OPERATION OF STATE PLANS SEC. 1604. [42 U.S.C. 1384 note] If the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the State plan approved under this title, finds— (1) that the plan has been so changed that it no longer complies with the provisions of section 1602; or (2) that in the administration of the plan there is a failure to comply substantially with any such provision; the Secretary shall notify such State agency that further payments will not be made to the State (or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure), until the Secretary is satisfied that there will no longer be any such failure to comply. Until he is so satisfied he shall make no further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure). DEFINITIONS SEC. 1605. [42 U.S.C. 1385 note] (a) 10 For purposes of this title, the term "aid to the aged, blind, or disabled" means money payments to needy individuals who are 65 years of age or older, are blind, or are 18 years of age or over and permanently and totally disabled, but such term does not include (1) any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution); or (2) any such payments to or care in behalf of any individual who has not attained 65 years of age and who is a patient in an institution for tuberculosis or mental diseases. Such term also includes payments which are not included within the meaning of such term under the preceding sentence, but which would be so included except that they are made on behalf of such a needy individual to another individual who (as determined in accordance with standards prescribed by the Secretary) is interested in or concerned with the welfare of such needy individual, but only with respect to a State whose State plan approved under section 1602 includes provision for (A) determination by the State agency that such needy individual has, by reason of his physical or mental condition, such inability to manage funds that making payments to him would be contrary to his welfare and, therefore, it is necessary to provide such aid through payments described in this sentence; (B) making such payments only in cases in which such payments will, under the rules otherwise applicable under the State plan for determining need and the amount of aid to the aged, blind, or disabled to be paid (and in conjunction with 10 As in original; “(a)" should be stricken. other income and resources), meet all the need 11 of the individuals with respect to whom such payments are made; (C) undertaking and continuing special efforts to protect the welfare of such individual and to improve, to the extent possible, his capacity for self-care and to manage funds; (D) periodic review by such State agency of the determination under clause 12 (A) to ascertain whether conditions justifying such determination still exist, with provision for termination of such payments if they do not and for seeking judicial appointment of a guardian or other legal representative, as described in section 1111, if and when it appears that such action will best serve the interests of such needy individual; and (E) opportunity for a fair hearing before the State agency on the determination referred to in clause 13 (A) for any individual with respect to whom it is made. At the option of a State (if its plan approved under this title so provides), such term (i) need not include money payments to an individual who has been absent from such State for a period in excess of ninety consecutive days (regardless of whether he has maintained his residence in such State during such period) until he has been present in such State for thirty consecutive days in the case of such an individual who has maintained his residence in such State during such period or ninety consecutive days in the case of any other such individual, and (ii) may include rent payments made directly to a public housing agency on behalf of a recipient or a group or groups of recipients of aid under such plan. 11 As in original. Should be "needs". 12 As in original. Possibly, should be "subparagraph". 13 As in original. Possibly, should be "subparagraph". TITLE XVI-SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED 1 Sec. 1615. Sec. 1616. Rehabilitation services for blind and disabled individuals 736 737 Sec. 1617. Cost-of-living adjustments in benefits 740 1 This Title XVI of the Social Security Act is administered by the Social Security Administration. This Title XVI appears in the United States Code as §§1381-1383d, subchapter XVI, chapter 7, Title 42. Regulations with respect to this Title XVI are contained in chapter III, Title 20, Code of Federal Regulations. See Vol. II, 31 U.S.C. 3720 and 3720A, with respect to collection of payments due to Federal agencies. See Vol. II, P.L. 88-525, §11(i), with respect to the acceptance by social security offices of applications for participation in the food stamp program from recipients of supplemental security income. P.L. 94-241, §1 (§502 of Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America), approved March 24, 1976, provides that this Title XVI is applicable to the Northern Mariana Islands. See Vol. II, P.L. 95–521, §102(i), with respect to reporting of benefits received under the Social Security Act. See Vol. II, P.L. 96-223, §102, with respect to allocation of funds for programs to assist SSI recipients. See Vol. II, P.L. 97-300, §106(e), with respect to performance standards; and §§501-505, with respect to the payment of a bonus for the successful job placement of certain employable dependent individuals. See Vol. II, P.L. 100-203, §9117, with respect to the demonstration program to assist homeless individuals. See Vol. II, P.L. 100-204, §724(d), with respect to furnishing information to the United States Commission on Improving the Effectiveness of the United Nations; and §725(b), with respect to the detailing of Government personnel. See Vol. II, P.L. 100-235, §§5-8, with respect to responsibilities of each Federal agency for computer systems security and privacy. See Vol. II, P.L. 100-690, §5301(a)(1)(C) and (d)(1)(B), with respect to benefits of drug traffickers and possessors. 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. 101-508, §5041(2)-(4), with respect to notification of certain individuals eligible to receive retroactive benefits. See Vol. II, P.L. 103-296, §201(c) with respect to demonstration projects designed to explore innovative referral, monitoring, and treatment approaches in disability determinations in which alcoholism or drug addiction is a contributing factor; §202, with respect to the establishment of a Commission on the Evaluation of Disability in children; §207, with respect to disability review for recipients who are 18 years of age; and §208, with respect to continuing disability reviews. See Vol. II, P.L. 106-169, §261, with respect to a study of denial of SSI benefits for family farmers. 2 This table of contents does not appear in the law. |