subdivision thereof with respect to assistance furnished under the State plan; except that such increases or reductions shall not be made to the extent that such sums have been applied to make the amount certified for any prior quarter greater or less than the amount estimated by the Secretary for such prior quarter: Provided, That any part of the amount 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 not be considered as a basis for reduction under clause (B) of this paragraph. (3) The Secretary of the Treasury shall thereupon, through the Division of Disbursement of the Treasury Department and prior to audit or settlement by the General Accounting Office, pay to the State, at the time or times fixed by the Secretary of Health, Education, and Welfare, the amount so certified. OPERATION OF STATE PLANS SEC. 4. [42 U.S.C. 304] In the case of any State plan which has been approved under this title by the Secretary of Health, Education, and Welfare, if the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan, finds (1) that the plan has been so changed as to impose any age, residence, or citizenship requirement prohibited by section 2(b), or that in the administration of the plan any such prohibited requirement is imposed, with the knowledge of such State agency, in a substantial number of cases; or (2) that in the administration of the plan there is a failure to comply substantially with any provision required by section 2(a) to be included in the plan; 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 such prohibited requirement is no longer so imposed, and that there is no longer 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). SEC. 5. [Repealed. 10] DEFINITION 11 SEC. 6. [42 U.S.C. 306] (a) 12 For the purposes of this title, the term "old-age assistance" means money payments to, or (if provided As in original. The Division of Disbursement was consolidated in the Fiscal Service of the Treasury Department by Reorganization Plan No. III, §1(a), effective June 30, 1940 (54 State. 1231). 10 P.L. 92-603, §303(a); 86 Stat. 1484. The P.L. 92-603, §303(b), repeal exception is deemed not applicable to §5 because it was executed with expenditure of the appropriation for the fiscal year ending June 30, 1936, and never became applicable to Puerto Rico, Guam, or the Virgin Islands. 11 As in original. P.L. 86-778, §601(fX2), [74 Stat. 991], did not amend the catchline. 12 As in original; "(a)" should be stricken. in or after the third month before the month in which the recipient makes application for assistance) medical care in behalf of or any type of remedial care recognized under State law in behalf of, needy individuals who are 65 years of age or older, but does not include 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). 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 2 includes provision for— (1) 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 assistance through payments described in this sentence; (2) 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 old-age assistance to be paid (and in conjunction with other income and resources), meet all the need 13 of the individuals with respect to whom such payments are made; (3) 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; (4) periodic review by such State agency of the determination under paragraph (1) 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 (5) opportunity for a fair hearing before the State agency on the determination referred to in paragraph (1) 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 90 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 30 consecutive days in the case of such an individual who has maintained his residence in such State during such period or 90 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 assistance under such plan. 13 As in original. Should be "needs". Sec. 201. Sec. 202. Old-age and survivors insurance benefit payments TITLE II-FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS 1 TABLE OF CONTENTS OF TITLE 2 Federal old-age and survivors insurance trust fund and federal Overpayments and underpayments Evidence, procedure, and certification for payment Assignment 114 Sec. 214. Insured status for purposes of old-age and survivors insurance 151 Title II of the Social Security Act is administered by the Social Security Administration. Title II appears in the United States Code as $8401-433, subchapter II, chapter 7, Title 42. Regulations relating to Title II are contained in chapter III, Title 20, Code of Federal RegulaSee Vol. II, 31 U.S.C. 3720 and 3720A with respect to collection of payments due to Federal agencies; and $3803(c)(2)(C) with respect to benefits not affected by P.L. 100-383 tions. See Vol. II, P.L. 94-566, §503, with respect to preservation of medicaid eligibility for individuals who cease to be eligible for supplemental security income benefits on account of cost-ofliving increases in social security benefits. 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. 95-608, §§201-204, with respect to Indian child and family programs. See Vol. II, P.L. 98-21, §101(e), with respect to the effect of amendments made by that law on benefits under the Federal Retirement System. See Vol. II, P.L. 99–177, §255, with respect to exemption of certain benefits from budget reductions. 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. 100–383, §§105(f)(2) and 206(d)(2), with respect to exclusion from income and resources of certain payments to certain individuals. See Vol. II, P.L. 100-690, 85301(aX1XC) and (d)(1)(B), with respect to benefits of drug traffickers and possessors. See Vol. II, P.L. 101-508, 8813301 and 13302, with respect to OASDI Trust Funds. See Vol. II, P.L. 103-387, §3(d), with respect to a study on rising costs of disability benefits. See Vol II, P.L. 106-170, §303(c) and (e), with respect to studies by the General Accounting Office of the impact of the substantial gainful activity limit on return to work and of SSA's disability insurance program demonstration authority. 2 This table of contents does not appear in the law. Sec. 225. Additional rules relating to benefits based on disability 225 226 Sec. 226A. Special provisions relating to coverage under medicare program 230 FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST FUND AND FEDERAL DISABILITY INSURANCE TRUST FUND 3 SEC. 201. [42 U.S.C. 401] (a) There is hereby created on the books of the Treasury of the United States a trust fund to be known as the "Federal Old-Age and Survivors Insurance Trust Fund". The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of (1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 19394 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and 3 See Vol. II, 14 U.S.C. 707(eX3) with respect to the requirement for certification to the Secretary of Labor of an individual's insured status. See Vol. II, P.L. 95-250, §201(19), with respect to trust fund contributions and §204(b)(4), with respect to Title XVIII ineligibility. See Vol. II, P.L. 98-21, §121(e), with respect to transfers of funds from the Secretary of the Treasury to the Trust Fund. See Vol. II, P.L. 98-168, §§201-208, with respect to certain Federal employees covered under both the Social Security Act and a Federal retirement system. See Vol. II, P.L. 106-170, §302 with respect to demonstration projects providing for reductions in disability insurance benefits based on earnings; §303 with respect to a GAO study of the impact of the substantial gainful activity limit on return to work; and §303(e), with respect to a GAO study of SSA's disability insurance program demonstration authority. 4 P.L. 76-1. |