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42 U.S.C. § 1318 — Alternative Federal payment with respect to public assistance expenditures

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1318 — Alternative Federal payment with respect to public assistance expenditures

In the case of any State which has in effect a plan approved under subchapter XIX for any calendar quarter, the total of the payments to which such State is entitled for such quarter, and for each succeeding quarter in the same fiscal year (which for purposes of this section means the 4 calendar quarters ending with September 30), under paragraphs (1) and (2) of sections 303(a),11 See References in Text note below. 1203(a),1 1353(a),1 and 1383(a) 1 of this title shall, at the option of the State, be determined by application of the Federal medical assistance percentage (as defined in [section 1396d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396d&num=0&edition=prelim)), instead of the percentages provided under each such section, to the expenditures under its State plans approved under subchapters I, X, XIV, and XVI, which would be included in determining the amounts of the Federal payments to which such State is entitled under such sections, but without regard to any maximum on the dollar amounts per recipient which may be counted under such sections. For purposes of the preceding sentence, the term “Federal medical assistance percentage” shall, in the case of Puerto Rico, the Virgin Islands, and Guam, mean 75 per centum.

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Source location: Title 42, Chapter 7, § 1318; chapter-007-social-security.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1383 — Attribution of sponsor’s income and resources to aliens

**(a) Attribution as unearned income** For purposes of determining eligibility for and the amount of benefits under this subchapter for an individual who is an alien, the income and resources of any person who (as a sponsor of such individual’s entry into the United States) executed an affidavit of support or similar agreement with respect to such individual, and the income and resources of the sponsor’s spouse, shall be deemed to be the income and resources of such individual (in accordance with subsections (b) and (c)) for a period of 3 years after the individual’s entry into the United States. Any such income deemed to be income of such individual shall be treated as unearned income of such individual. **(b) Determination of amount and resources** (1) The amount of income of a sponsor (and his spouse) which shall be deemed to be the unearned income of an alien for any year shall be determined as follows: (A) The total yearly rate of earned and unearned income (as determined under [section 1382a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382a/a&num=0&edition=prelim)) of such sponsor and such sponsor’s spouse (if such spouse is living with the sponsor) shall be determined for such year. (B) The amount determined under subparagraph (A) shall be reduced by an amount equal to (i) the maximum amount of the Federal benefit under this subchapter for such year which would be payable to an eligible individual who has no other income and who does not have an eligible spouse (as determined under [section 1382(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382/b/1&num=0&edition=prelim)), plus (ii) one-half of the amount determined under clause (i) multiplied by the numbe

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1301 — Definitions

**(a)** When used in this chapter— (1) The term “State”, except where otherwise provided, includes the District of Columbia and the Commonwealth of Puerto Rico, and when used in subchapters IV, V, VII, XI, XIX, and XXI includes the Virgin Islands and Guam. Such term when used in subchapters III, IX, and XII also includes the Virgin Islands. Such term when used in subchapter V and in part B of this subchapter also includes American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Such term when used in subchapters XIX and XXI also includes the Northern Mariana Islands and American Samoa. In the case of Puerto Rico, the Virgin Islands, and Guam, subchapters I, X, and XIV, and subchapter XVI (as in effect without regard to the amendment made by section 301 of the Social Security Amendments of 1972) shall continue to apply, and the term “State” when used in such subchapters (but not in subchapter XVI as in effect pursuant to such amendment after December 31, 1973) includes Puerto Rico, the Virgin Islands, and Guam. Such term when used in subchapter XX also includes the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. Such term when used in subchapter IV also includes American Samoa. (2) The term “United States” when used in a geographical sense means, except where otherwise provided, the States. (3) The term “person” means an individual, a trust or estate, a partnership, or a corporation. (4) The term “corporation” includes associations, joint-stock companies, and insurance companies. (5) The term “shareholder” includes a member in an association, joint-stock company, or insurance company. (6) The term “Secretary”, except when the context otherwise requires, means the Secretary of Health and Human Services. (

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 601 — Purpose

**(a) In general** The purpose of this part is to increase the flexibility of States in operating a program designed to— (1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; (2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; (3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and (4) encourage the formation and maintenance of two-parent families. **(b) No individual entitlement** This part shall not be interpreted to entitle any individual or family to assistance under any State program funded under this part.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1396d — Definitions

For purposes of this subchapter— **(a) Medical assistance** The term “medical assistance” means payment of part or all of the cost of the following care and services or the care and services themselves, or both (if provided in or after the third month before the month in which the recipient makes application for assistance or, in the case of medicare cost-sharing with respect to a qualified medicare beneficiary described in subsection (p)(1), if provided after the month in which the individual becomes such a beneficiary) for individuals, and, with respect to physicians’ or dentists’ services, at the option of the State, to individuals (other than individuals with respect to whom there is being paid, or who are eligible, or would be eligible if they were not in a medical institution, to have paid with respect to them a State supplementary payment and are eligible for medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals described in [section 1396a(a)(10)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/a/10/A&num=0&edition=prelim)) not receiving aid or assistance under any plan of the State approved under subchapter I, X, XIV, or XVI, or part A of subchapter IV, and with respect to whom supplemental security income benefits are not being paid under subchapter XVI, who are— (i) under the age of 21, or, at the option of the State, under the age of 20, 19, or 18 as the State may choose, (ii) relatives specified in section 606(b)(1) 11 See References in Text note below. of this title with whom a child is living if such child is (or would, if needy, be) a dependent child under part A of subchapter IV, (iii) 65 years of age or older, (iv) blind, with respect to Sta

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1382g — Supplementary assistance by State or subdivision to needy individuals

**(a) Exclusion of cash payments in determination of income of individuals for purposes of eligibility for benefits; agreement by Commissioner and State for Commissioner to make supplementary payments on behalf of State or subdivision** Any cash payments which are made by a State (or political subdivision thereof) on a regular basis to individuals who are receiving benefits under this subchapter or who would but for their income be eligible to receive benefits under this subchapter, as assistance based on need in supplementation of such benefits (as determined by the Commissioner of Social Security), shall be excluded under [section 1382a(b)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382a/b/6&num=0&edition=prelim) in determining the income of such individuals for purposes of this subchapter and the Commissioner of Social Security and such State may enter into an agreement which satisfies subsection (b) under which the Commissioner of Social Security will, on behalf of such State (or subdivision) make such supplementary payments to all such individuals. **(b) Agreement between Commissioner and State; contents** Any agreement between the Commissioner of Social Security and a State entered into under subsection (a) shall provide— (1) that such payments will be made (subject to subsection (c)) to all individuals residing in such State (or subdivision) who are receiving benefits under this subchapter, and (2) such other rules with respect to eligibility for or amount of the supplementary payments, and such procedural or other general administrative provisions, as the Commissioner of Social Security finds necessary (subject to subsection (c)) to achieve efficient and effective administration of both the program which the

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 657 — Distribution of collected support

**(a) In general** Subject to subsections (d) and (e), the amounts collected on behalf of a family as support by a State pursuant to a plan approved under this part shall be distributed as follows: (1) **Families receiving assistance** — In the case of a family receiving assistance from the State, the State shall— (A) pay to the Federal Government the Federal share of the amount collected, subject to paragraph (3)(A); (B) retain, or pay to the family, the State share of the amount collected, subject to paragraph (3)(B); and (C) pay to the family any remaining amount. (2) **Families that formerly received assistance** — In the case of a family that formerly received assistance from the State: (A) *Current support* — To the extent that the amount collected does not exceed the current support amount, the State shall pay the amount to the family. (B) *Arrearages* — Except as otherwise provided in an election made under [section 654(34) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654/34&num=0&edition=prelim), to the extent that the amount collected exceeds the current support amount, the State— (i) shall first pay to the family the excess amount, to the extent necessary to satisfy support arrearages not assigned pursuant to [section 608(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section608/a/3&num=0&edition=prelim); (ii) if the amount collected exceeds the amount required to be paid to the family under clause (i), shall— (I) pay to the Federal Government the Federal share of the excess amount described in this clause, subject to paragraph (3)(A); and (II) retain, or pay to the family, the State share of the excess amount described in this cla

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1318 — Alternative Federal payment with respect

Page 2597 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1319 1 See References in Text note below. 1984, 98 Stat. 1088; amended Pub. L. 105–33, title IV, § 4643, Aug. 5, 1997, 111 Stat. 487; Pub. L. 108–173, title IX, § 900(c), (e)(1)(A), Dec. 8, 2003, 117 Stat. 2370.) Editorial Notes PRIOR PROVISIONS A prior section 1317, act Aug. 14, 1935, ch. 531, title XI, § 1117, as added July 30, 1965, Pub. L. 89–97, title IV, § 405, 79 Stat. 420; amended Jan. 2, 1968, Pub. L. 90–248, title II, §§ 221(a)–(c), 241(c)(6), 81 Stat. 899, 917, related to maintenance of State public assistance expenditures, prior to repeal by Pub. L. 90–248, title II, § 221(d), Jan. 2, 1968, 81 Stat. 900, eff. July 1, 1968. AMENDMENTS 2003—Pub. L. 108–173, § 900(e)(1)(A)(i), substituted ‘‘Ap- pointment of the Administrator and Chief Actuary of the Centers for Medicare & Medicaid Services’’ for ‘‘Ap- pointment of Administrator and Chief Actuary of Health Care Financing Administration’’ in section catchline. Subsec. (a). Pub. L. 108–173, § 900(e)(1)(A)(ii), sub- stituted ‘‘Centers for Medicare & Medicaid Services’’ for ‘‘Health Care Financing Administration’’. Subsec. (b)(1). Pub. L. 108–173, § 900(e)(1)(A)(iii), sub- stituted ‘‘Centers for Medicare & Medicaid Services’’ for ‘‘Health Care Financing Administration’’ and ‘‘such Centers’’ for ‘‘such Administration’’. Subsec. (b)(3). Pub. L. 108–173, § 900(c), added par. (3). 1997—Pub. L. 105–33 amended section catchline, des- ignated existing provisions as subsec. (a), and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 98–369, div. B, title III, § 2332(c), July 18, 1984, 98 Stat. 1089, provided that: ‘‘The amendments made by this section [enacting this section and amending sec- tion 5315 of Title 5,

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