42 U.S.C. § 1366 — Untitled legal text

Page 2800 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 1361 to 1364 section 1311 of this title, 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 re- spect 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 indi- vidual who has been absent from such State for a period in excess of ninety consecutive days (re- gardless of whether he has maintained his resi- dence in such State during such period) until he has been present in such State for thirty con- secutive 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. (Aug. 14, 1935, ch. 531, title XIV, § 1405, as added Aug. 28, 1950, ch. 809, title III, pt. 5, § 351, 64 Stat. 557; amended Pub. L. 87–543, title I, § 156(d), July 25, 1962, 76 Stat. 207; Pub. L. 89–97, title II, § 221(c), title IV, § 402(d), July 30, 1965, 79 Stat. 358, 417; Pub. L. 92–603, title IV, §§ 408(c), 409(c), Oct. 30, 1972, 86 Stat. 1490, 1491; Pub. L. 97–35, title XXI, § 2184(c)(3), Aug. 13, 1981, 95 Stat. 817.) 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 L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with re- spect to Puerto Rico, Guam, and the Virgin Is- lands.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 1981—Pub. L. 97–35 struck out in provision preceding par. (1) ‘‘, or (if provided on or after the third month before the month in which the recipient makes applica- tion for aid) medical care in behalf of, or any type of remedial care recognized under State law in behalf of,’’ after ‘‘money payments to’’. 1972—Pub. L. 92–603 authorized the State, at its op- tion, to include within ‘‘aid to the permanently and to- tally disabled’’ provisions relating to money payments to an individual absent from such State for more than 90 consecutive days, and provisions relating to rent payments made directly to a public housing agency. 1965—Pub. L. 89–97 struck out from definition of ‘‘aid to the permanently and totally disabled’’ the exclusion of payments to or medical care in behalf of any indi- vidual who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof; and extended definition of ‘‘aid to the permanently and totally disabled’’ to include payments made on behalf of the needy individual to another indi- vidual who (as determined in accordance with stand- ards determined by the Secretary) is interested in or concerned with the welfare of such needy individual and enumerated the five characteristics required of state plans under which such payments can be made, including provision for finding of inability to manage funds, payment to meet all needs of the individual, spe- cial efforts to protect welfare, periodic review, and op- portunity for fair hearing, respectively. 1962—Pub. L. 87–543 inserted ‘‘(if provided in or after the third month before the month in which the recipi- ent makes application for aid)’’ before ‘‘medical care’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1965 AMENDMENT Amendment by section 221(c) of Pub. L. 89–97 applica- ble in the case of expenditures made after Dec. 31, 1965, under a State plan approved under this subchapter, see section 221(e) of Pub. L. 89–97, set out as a note under section 303 of this title. Amendment by section 402(d) of Pub. L. 89–97 applica- ble in the case of expenditures made after Dec. 31, 1965, under a state plan approved under subchapter I, X, XIV, or XVI of this chapter, see section 402(e) of Pub. L. 89–97, set out as a note under section 306 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–543 applicable in the case of applications made after Sept. 30, 1962, under a State plan approved under subchapter I, IV, X, or XIV of this chapter, see section 156(e) of Pub. L. 87–543, set out as a note under section 306 of this title. SUBCHAPTER XV—UNEMPLOYMENT COM- PENSATION FOR FEDERAL EMPLOYEES §§ 1361 to 1364. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 658, 660, 661 Section 1361, act Aug. 14, 1935, ch. 531, title XV, § 1501, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1130; amended Aug. 28, 1958, Pub. L. 85–848, § 2, 72 Stat. 1087; July 12, 1960, Pub. L. 86–624, § 30(g), 74 Stat. 420; Sept. 13, 1960, Pub. L. 86–778, title V, §§ 531(e), 542(d), 74 Stat. 984, 986, defined terms used in this subchapter. See section 8501 of Title 5, Government Organization and Employ- ees. Pub. L. 90–248, title IV, § 403(f), Jan. 2, 1968, 81 Stat. 932, amended section 1361(a)(6), (9), without reference to repeal of such section by Pub. L. 89–554, § 8(a). Section 1362, act Aug. 14, 1935, ch. 531, title XV, § 1502, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1131; amended Sept. 13, 1960, Pub. L. 86–778, title V, § 543(b)(1)(A), 74 Stat. 985, provided for compensation of Federal employees under State agreements. See section 8502 of Title 5. Section 1363, act Aug. 14, 1935, ch. 531, title XV, § 1503, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1132; amended Sept. 13, 1960, Pub. L. 86–778, title V, § 543(b)(1)(B), (C), (c)(1), 74 Stat. 986, provided for com- pensation of Federal employees in absence of State agreement. See section 8503 of Title 5. Section 1364, act Aug. 14, 1935, ch. 531, title XV, § 1504, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1133; amended Sept. 13, 1960, Pub. L. 86–778, title V, § 542(b)(2), 74 Stat. 986, related to assignment to State of Federal service and wages. See section 8504 of Title 5. § 1365. Repealed. Pub. L. 86–442, § 1, Apr. 22, 1960, 74 Stat. 81 Section, act Aug. 14, 1935, ch. 531, title XV, § 1505, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1133, related to status of a Federal employee who was performing Federal service at time of separation from employment by the United States. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective only with respect to benefit years which began more than thirty days after Apr. 22, 1960, see Pub. L. 86–442, § 1, Apr. 22, 1960, 74 Stat. 81. §§ 1366 to 1371. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 658, 660, 661 Section 1366, act Aug. 14, 1935, ch. 531, title XV, § 1506, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1133, pro- vided for payments to States. See section 8505 of Title 5, Government Organization and Employees. Page 2801 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1381a Section 1367, act Aug. 14, 1935, ch. 531, title XV, § 1507, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1134; amended Aug. 28, 1958, Pub. L. 85–848, § 4, 72 Stat. 1089; Sept. 13, 1960, Pub. L. 86–778, title V, § 531(f), 74 Stat. 984, provided for dissemination of information by both Fed- eral and State agencies. See section 8506 of Title 5. Section 1368, act Aug. 14, 1935, ch. 531, title XV, § 1508, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1135, re- lated to penalties. See section 8507 of Title 5 and sec- tion 1919 of Title 18, Crimes and Criminal Procedure. Section 1369, act Aug. 14, 1935, ch. 531, title XV, § 1509, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1135, re- lated to rules and regulations. See section 8508 of Title 5. Section 1370, act Aug. 14, 1935, ch. 531, title XV, § 1510, as added Sept. 1, 1954, ch. 1212, § 4(a), 68 Stat. 1135, re- lated to authorization of appropriations. See section 5509 of Title 5. Section 1371, act Aug. 14, 1935, ch. 531, title XV, § 1511, as added Aug. 28, 1958, Pub. L. 85–848, § 3, 72 Stat. 1087; amended Sept. 2, 1958, Pub. L. 85–857, § 13(i)(3), 72 Stat. 1265; Apr. 22, 1960, Pub. L. 86–442, § 2, 74 Stat. 82; Sept. 13, 1960, Pub. L. 86–778, title V, § 542(c), 74 Stat. 986, pro- vided an ex-servicemen’s unemployment compensation program. See sections 8521 to 8525 of Title 5. SUBCHAPTER XVI—SUPPLEMENTAL SECU- RITY INCOME FOR AGED, BLIND, AND DISABLED § 1381. Statement of purpose; authorization of ap- propriations For the purpose of establishing a national pro- gram to provide supplemental security income to individuals who have attained age 65 or are blind or disabled, there are authorized to be ap- propriated sums sufficient to carry out this sub- chapter. (Aug. 14, 1935, ch. 531, title XVI, § 1601, as added Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1465.) Editorial Notes PRIOR PROVISIONS A prior section 1381, act Aug. 14, 1935, ch. 531, title XVI, § 1601, as added July 25, 1962, Pub. L. 87–543, title I, § 141(a), 76 Stat. 197, authorized appropriations for grants to States for aid to aged, blind, or disabled, and for medical assistance for aged, prior to the general amendment of title XVI of the Social Security Act by Pub. L. 92–603, § 301, but is set out as a note below in view of its continued applicability to Puerto Rico, Guam, and the Virgin Islands. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1465, provided that this section is effective Jan. 1, 1974. CONTINUATION OF FEDERAL FINANCIAL PARTICIPATION IN EXPERIMENTAL, PILOT, OR DEMONSTRATION PROJECTS APPROVED BEFORE OCTOBER 1973, FOR PE- RIOD ON-AND-AFTER DECEMBER 31, 1973, WITHOUT DE- NIAL OR REDUCTION ON ACCOUNT OF SUBCHAPTER XVI PROVISIONS; WAIVER OF SUBCHAPTER XVI RE- STRICTIONS FOR INDIVIDUALS; FEDERAL PAYMENTS OF NON-FEDERAL SHARE AS SUPPLEMENTARY PAYMENTS Subchapter provisions without effect on Federal Fi- nancial Participation in Experimental, Pilot or Dem- onstration Projects approved before Oct. 1, 1973, for pe- riod on-and-after Dec. 31, 1973, see section 11 of Pub. L. 93–233, Dec. 31, 1973, 87 Stat. 958, set out as a note under section 1315 of this title. APPLICATION TO NORTHERN MARIANA ISLANDS For applicability of this section to the Northern Mar- iana Islands, see section 502(a)(1) of the Covenant to Es- tablish a Commonwealth of the Northern Mariana Is- lands in Political Union with the United States of America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 6593, set out as notes under section 1801 of Title 48, Terri- tories and Insular Possessions. PUERTO RICO, GUAM, AND VIRGIN ISLANDS Enactment of section 1601 of the Social Security Act by Pub. L. 92–603, eff. Jan. 1, 1974 (42 U.S.C. 1381), was not applicable to Puerto Rico, Guam, and the Virgin Is- lands. See section 303(b) of Pub. L. 92–603, set out as a note under section 301 of this title. Therefore, as to Puerto Rico, Guam, and the Virgin Islands, section 1601 of the Social Security Act as it existed prior to reen- actment by Pub. L. 92–603 (former 42 U.S.C. 1381), and as amended, continues to apply and reads as follows: § 1381. Authorization of appropriations For the purpose of enabling each State, as far as practicable under the conditions in such State, to fur- nish 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 subchapter. The sums made available under this sec- tion shall be used for making payments to States which have submitted, and had approved by the Commissioner of Social Security, State plans for aid to the aged, blind, or disabled. (Aug. 14, 1935, ch. 531, title XVI, § 1601, as added July 25, 1962, Pub. L. 87–543, title I, § 141(a), 76 Stat. 197; amend- ed Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 Stat. 695; Aug. 13, 1981, Pub. L. 97–35, title XXI, § 2184(d)(3), title XXIII, § 2353(m)(1), 95 Stat. 817, 873; Aug. 15, 1994, Pub. L. 103–296, title I, § 107(a)(1), 108 Stat. 1477.) [Amendment by section 107(a)(1) of Pub. L. 103–296 ef- fective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as an Effective Date of 1994 Amendment note under section 401 of this title.] PAYMENTS UNDER CHAPTER PROVISIONS IN EFFECT BE- FORE JANUARY 1, 1974, FOR: ACTIVITIES CARRIED OUT THROUGH DECEMBER 31, 1973, UNDER STATE PLANS APPROVED UNDER SUBCHAPTER I, X, XIV, OR XVI PROVISIONS; AND FOR ADMINISTRATIVE ACTIVITIES AFTER JANUARY 1, 1974, CLOSING OUT SUCH ACTIVI- TIES Pub. L. 93–233, § 19(b), Dec. 31, 1973, 87 Stat. 974, pro- vided that: ‘‘Notwithstanding the provisions of section 301 of the Social Security Amendments of 1972 [enact- ing this subchapter], the Secretary of Health, Edu- cation, and Welfare [now Health and Human Services] shall make payments to the 50 States and the District of Columbia after December 31, 1973, in accordance with the provisions of the Social Security Act [42 U.S.C. 301 et seq.] as in effect prior to January 1, 1974, for (1) ac- tivities carried out through the close of December 31, 1973, under State plans approved under title I, X, XIV, or XVI, of such Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.], and (2) administrative activi- ties carried out after December 31, 1973, which such Secretary determines are necessary to bring to a close activities carried out under such State plans.’’ § 1381a. Basic entitlement to benefits Every aged, blind, or disabled individual who is determined under part A to be eligible on the basis of his income and resources shall, in ac- cordance with and subject to the provisions of this subchapter, be paid benefits by the Commis- sioner of Social Security. (Aug. 14, 1935, ch. 531, title XVI, § 1602, as added Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86