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42 U.S.C. § 306 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purposes of this subchapter, the term “old-age assistance” means money payments to, or (if provided 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 302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section302&num=0&edition=prelim) 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 of the individuals with respect to whom such payments are made;
(3) undertaking a
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Source location: Title 42, Chapter 7, § 306; chapter-007-social-security.md
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**(a)** For the purposes of this subchapter, the term “old-age assistance” means money payments to, or (if provided 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 302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section302&num=0&edition=prelim) 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 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) of this subsection 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 1311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1311&num=0&edition=prelim), 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) of this subsection for any individual with respect to whom it is made.
At the option of a State (if its plan approved under this subchapter 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.
**(b)** , (c) Repealed. Pub. L. 97–35, title XXI, § 2184(a)(5), Aug. 13, 1981, 95 Stat. 817.
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of subchapters I, X, XIV, and XVI, and part A of subchapter IV, payments on behalf of an individual, made to another person who has been judicially appointed, under the law of the State in which such individual resides, as legal representative of such individual for the purpose of receiving and managing such payments (whether or not he is such individual’s legal representative for other purposes), shall be regarded as money payments to such individual.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than May 30 of each year, the Commissioner of Social Security shall prepare and deliver a report annually to the President and the Congress regarding the program under this subchapter, including—
(1) a comprehensive description of the program;
(2) historical and current data on allowances and denials, including number of applications and allowance rates for initial determinations, reconsideration determinations, administrative law judge hearings, appeals council reviews, and Federal court decisions;
(3) historical and current data on characteristics of recipients and program costs, by recipient group (aged, blind, disabled adults, and disabled children);
(4) historical and current data on prior enrollment by recipients in public benefit programs, including State programs funded under part A of subchapter IV of this chapter and State general assistance programs;
(5) projections of future number of recipients and program costs, through at least 25 years;
(6) number of redeterminations and continuing disability reviews, and the outcomes of such redeterminations and reviews;
(7) data on the utilization of work incentives;
(8) detailed information on administrative and other program operation costs;
(9) summaries of relevant research undertaken by the Social Security Administration, or by other researchers;
(10) State supplementation program operations;
(11) a historical summary of statutory changes to this subchapter; and
(12) such other information as the Commissioner deems useful.
**(b) Views of individual members of Social Security Advisory Board** Each member of the Social Security Advisory Board shall be permitted to provide an individual report, or a joint report if agreed, of views of the program under this subchapter, to be
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1385
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contents** A State plan for old-age assistance 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 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 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, 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 f
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 302
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of enabling each State, as far as practicable under the conditions in such State, to furnish financial assistance to aged needy individuals, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this subchapter. 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 and Human Services (hereinafter referred to as the “Secretary”), State plans for old-age assistance.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter, the term “aid to the blind” means money payments to blind individuals who are needy, 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) or any individual 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 1202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1202&num=0&edition=prelim) 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 aid 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 aid to the blind to be paid (and in conjunction with other income and resources), meet all the need 11 So in original. Probably should be “needs”. 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1206
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter, the term “aid to the permanently and totally disabled” means money payments to needy individuals eighteen years of age or older who are permanently and totally disabled, 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) or any individual 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 1352 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1352&num=0&edition=prelim) 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 aid 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 aid to the permanently and totally disabled to be paid (and in conjunction with other income and resources), meet all the need 11 So in original. Probably should be “needs”. of the individuals with respect to whom such payments are made;
(3) undertaking and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1355
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Federal law — U.S. Code and appendices · legal_authorities
Page 1798
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 305
64 Stat. 558; 1953 Reorg. Plan No. 1, §§ 5, 8, eff.
Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L.
86–778, title VI, § 601(e), Sept. 13, 1960, 74 Stat.
991; Pub. L. 90–248, title II, § 245, Jan. 2, 1968, 81
Stat. 918; Pub. L. 96–88, title V, § 509(b), Oct. 17,
1979, 93 Stat. 695.)
REPEAL OF SECTION
Pub. L. 92–603, title III, § 303(a), (b), Oct. 30,
1972, 86 Stat. 1484, provided that this section is
repealed effective Jan. 1, 1974, except with re-
spect to Puerto Rico, Guam, and the Virgin Is-
lands.
Editorial Notes
AMENDMENTS
1968—Pub. L. 90–248 inserted ‘‘(or, in his discretion,
that payments will be limited to categories under or
parts of the State plan not affected by such failure)’’
after ‘‘further payments will not be made to the State’’
and substituted in last sentence ‘‘further payments to
such State (or shall limit payments to categories under
or parts of the State plan not affected by such failure)’’
for ‘‘further certification to the Secretary of the Treas-
ury with respect to such State’’.
1960—Pub. L. 86–778 substituted ‘‘State plan which
has been approved under this subchapter’’ for ‘‘State
plan for old-age assistance which has been approved’’.
1950—Act Aug. 28, 1950, substituted ‘‘Administrator’’
for ‘‘Board’’, and ‘‘he’’, ‘‘him’’, or ‘‘his’’ for ‘‘it’’, or
‘‘its’’, wherever appearing.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ sub-
stituted in text for ‘‘Secretary of Health, Education,
and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88,
which is classified to section 3508(b) of Title 20, Edu-
cation.
EFFECTIVE DATE OF 1960 AMENDMENT
Amendment by Pub. L. 86–778 effective Oct. 1, 1960,
see section 604 of Pu
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 306
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