42 U.S.C. § 1355 — Definitions

Page 2799 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1355 1 So in original. Probably should be ‘‘needs’’. Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and Office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 1354. Operation of State plans In the case of any State plan for aid to the permanently and totally disabled which has been approved by the Secretary of Health and Human Services, if the Secretary after reason- able 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 residence or citizenship require- ment prohibited by section 1352(b) of this title, or that in the administration of the plan any such prohibited requirement is imposed, with the knowledge of such State agency, in a sub- stantial 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 1352(a) of this title 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 he 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 satis- fied 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). (Aug. 14, 1935, ch. 531, title XIV, § 1404, as added Aug. 28, 1950, ch. 809, title III, pt. 5, § 351, 64 Stat. 557; amended 1953 Reorg. Plan No. 1, §§ 5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; 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 L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with re- spect to Puerto Rico, Guam, and the Virgin Is- lands.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’’. 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. Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 1355. Definitions 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 perma- nently 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 institu- tion (except as a patient in a medical institu- tion) or any individual who is a patient in an in- stitution 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 stand- ards 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 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, there- fore, 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 oth- erwise applicable under the State plan for de- termining need and the amount of aid to the permanently and totally disabled to be paid (and in conjunction with other income and re- sources), meet all the need 1 of the individuals with respect to whom such payments are made; (3) undertaking and continuing special ef- forts to protect the welfare of such individual and to improve, to the extent possible, his ca- pacity for self-care and to manage funds; (4) periodic review by such State agency of the determination under paragraph (1) to as- certain whether conditions justifying such de- termination still exist, with provision for ter- mination of such payments if they do not and for seeking judicial appointment of a guardian or other legal representative, as described in 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.