42 U.S.C. § 1353 — Payments to States

Page 2796 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1353 PUBLIC ACCESS TO STATE DISBURSEMENT RECORDS Public access to State records of disbursements of funds and payments under this subchapter, see note set out under section 302 of this title. 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. § 1353. Payments to States (a) From the sums appropriated therefor, the Secretary of the Treasury shall pay to each State which has an approved plan for aid to the permanently and totally disabled, for each quar- ter, beginning with the quarter commencing Oc- tober 1, 1958— (1) Repealed. Pub. L. 97–35, title XXI, § 2184(c)(2)(A), Aug. 13, 1981, 95 Stat. 817. (2) in the case of Puerto Rico, the Virgin Is- lands, and Guam, an amount equal to one-half of the total of the sums expended during such quarter as aid to the permanently and totally disabled under the State plan, not counting so much of any expenditure with respect to any month as exceeds $37.50 multiplied by the total number of recipients of aid to the perma- nently and totally disabled for such month; and (3) in the case of any State, an amount equal to 50 percent of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient adminis- tration of the State plan. (b) The method of computing and paying such amounts shall be as follows: (1) The Secretary of Health and Human Services shall, prior to the beginning of each quarter, estimate the amount to be paid to the State for such quarter under the provisions of subsection (a), such estimate to be based on (A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with the provisions of subsection (a), and stating the amount ap- propriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than the State’s proportionate share of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived, (B) records showing the number of permanently and totally disabled individuals in the State, and (C) such other in- vestigation as the Secretary of Health and Human Services may find necessary. (2) The Secretary of Health and Human Services shall then certify to the Secretary of the Treasury the amount so estimated by the Secretary of Health and Human Services, (A) reduced or increased, as the case may be, by any sum by which he finds that his estimate for any prior quarter was greater or less than the amount which should have been paid to the State under subsection (a) for such quar- ter, and (B) reduced by a sum equivalent to the pro rata share to which the United States is equitably entitled, as determined by the Secretary of Health and Human Services, of the net amount recovered during a prior quar- ter by the State or any political subdivision thereof with respect to aid to the permanently and totally disabled 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 of Health and Human Services for such prior quarter: Provided, That any part of the amount recovered from the estate of a deceased recipi- ent which is not in excess of the amount ex- pended by the State or any political subdivi- sion thereof for the funeral expenses of the de- ceased shall not be considered as a basis for re- duction under clause (B) of this paragraph. (3) The Secretary of the Treasury shall thereupon, through the Fiscal Service of the Treasury Department, and prior to audit or settlement by the Government Accountability Office, pay to the State, at the time or times fixed by the Secretary of Health and Human Services, the amount so certified. (Aug. 14, 1935, ch. 531, title XIV, § 1403, as added Aug. 28, 1950, ch. 809, title III, pt. 5, § 351, 64 Stat. 556; amended July 18, 1952, ch. 945, § 8(d), 66 Stat. 779; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1956, ch. 836, title III, §§ 304, 314(c), 344, 70 Stat. 847, 850, 854; Pub. L. 85–840, title V, § 504, Aug. 28, 1958, 72 Stat. 1049; Pub. L. 87–64, title III, § 303(c), June 30, 1961, 75 Stat. 143; Pub. L. 87–543, title I, §§ 101(a)(4), (b)(4), 132(c), July 25, 1962, 76 Stat. 178, 181, 195; Pub. L. 89–97, title I, § 122, title IV, § 401(e), July 30, 1965, 79 Stat. 353, 415; Pub. L. 90–248, title II, § 212(c), Jan. 2, 1968, 81 Stat. 897; Pub. L. 92–512, title III, § 301(b), (d), Oct. 20, 1972, 86 Stat. 946, 947; Pub. L. 93–647, §§ 3(e)(2), 5(d), Jan. 4, 1975, 88 Stat. 2349, 2350; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–35, title XXI, § 2184(c)(2), title XXV, § 2353(l), Aug. 13, 1981, 95 Stat. 817, 873; Pub. L. 99–603, title I, § 121(b)(4), Nov. 6, 1986, 100 Stat. 3391; Pub. L. 103–66, title XIII, § 13741(b), Aug. 10, 1993, 107 Stat. 663; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) 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 2004—Subsec. (b)(3). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’. 1993—Subsec. (a)(3). Pub. L. 103–66 substituted ‘‘50 per- cent of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan.’’ for ‘‘the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Page 2797 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1353 Secretary of Health and Human Services for the proper and official administration of the State plan— ‘‘(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct fi- nancial assistance to students enrolled in such insti- tutions) of personnel employed or preparing for em- ployment by the State agency or by the local agency administering the plan in the political subdivision; plus ‘‘(B) 100 percent of so much of such expenditures as are for the costs of the implementation and operation of the immigration status verification system de- scribed in section 1320b–7(d) of this title; plus ‘‘(C) one-half of the remainder of such expendi- tures.’’ 1986—Subsec. (a)(3)(B), (C). Pub. L. 99–603 added sub- par. (B) and redesignated former subpar. (B) as (C). 1981—Subsec. (a)(1). Pub. L. 97–35, § 2184(c)(2)(A), struck out par. (1) which provided for computation of the amount of payments in the case of any State other than Puerto Rico, the Virgin Islands, and Guam. Subsec. (a)(2). Pub. L. 97–35, § 2184(c)(2)(B), struck out ‘‘(including expenditures for premiums under part B of subchapter XVIII of this chapter for individuals who are recipients of money payments under such plan and other insurance premiums for medical or any other type of remedial care or the cost thereof)’’. Subsec. (a)(3). Pub. L. 97–35, § 2353(l)(1)(A), redesig- nated subpar. (A)(iv) as subpar. (A), struck out former subpars. (A)(i), which included services prescribed pur- suant to subsec. (c)(1) of this section and provided to applicants for or recipients of aid to the permanently and totally disabled to help them attain self-support, (A)(ii), which included other services, specified by the Secretary as likely to prevent or reduce dependency, and (A)(iii), which included any of the services in sub- pars. (A)(i) and (ii) deemed appropriate for individuals likely to become applicants for or recipients of aid to the permanently and totally disabled, redesignated former subpar. (C) as (B), and struck out former subpar. (B), which included one-half of so much of the expendi- tures, not included in subpar. (A), as are for services for applicants for or recipients of aid to the permanently and totally disabled or individuals likely to become ap- plicants or recipients, and subpars. (D) and (E) and pro- vision following subpar. (E), which specified what serv- ices were includible. Subsec. (a)(4). Pub. L. 97–35, § 2353(l)(1)(B), struck out par. (4), which provided payment, in the case of any State whose plan approved under section 1352 of this title did not meet the requirements of subsec. (c)(1) of this section, of an amount equal to one-half of the total of the sums expended during the quarter as found nec- essary by the Secretary for the proper and efficient ad- ministration of the State plan. Subsec. (c). Pub. L. 97–35, § 2353(l)(2), struck out sub- sec. (c) which prescribed eligibility requirements for payments. 1975—Subsec. (a). Pub. L. 93–647, § 3(e)(2), struck out ‘‘(subject to section 1320b of this title)’’ after ‘‘the Sec- retary of the Treasury shall’’. Subsec. (a)(3)(A)(iv). Pub. L. 93–647, § 5(d), inserted ‘‘(including both short- and long-term training at edu- cational institutions through grants to such institu- tions or by direct financial assistance to students en- rolled in such institutions)’’ after ‘‘training’’. 1972—Subsec. (a). Pub. L. 92–512, § 301(d), substituted ‘‘shall (subject to section 1320b of this title) pay’’ for ‘‘shall pay’’ in provisions preceding par. (1). Subsec. (a)(3)(E). Pub. L. 92–512, § 301(b), substituted ‘‘under conditions which shall be’’ for ‘‘subject to limi- tations’’. 1968—Subsec. (a)(3)(D). Pub. L. 90–248 inserted, ‘‘ex- cept to the extent specified by the Secretary’’ after ‘‘shall’’ in introductory text to subpar. (D). 1965—Subsec. (a)(1). Pub. L. 89–97, §§ 122, 401(e), in- serted ‘‘premiums under part B of subchapter XVIII of this chapter for individuals who are recipients of money payments under such plan and other’’ after ‘‘ex- penditures for’’ in parenthetical phrase appearing in so much of par. (1) as precedes clause (A); and substituted ‘‘31/37’’ and ‘‘$37’’ for ‘‘29/35’’ and ‘‘$35’’ in subpar. (A) and ‘‘$75’’ for ‘‘$70’’ in subpar. (B), respectively. Subsec. (a)(2). Pub. L. 89–97, § 122, inserted ‘‘premiums under part B of subchapter XVIII of this chapter for in- dividuals who are recipients of money payments under such plan and other’’ after ‘‘expenditures for’’ in par- enthetical phrase. 1962—Subsec. (a)(1). Pub. L. 87–543, § 132(c), sub- stituted ‘‘29/35’’ and ‘‘$35’’ for ‘‘four-fifths’’ and ‘‘$31’’, respectively, in subpar. (A) and ‘‘$70’’ for ‘‘$66’’ in sub- par. (B). Subsec. (a)(2). Pub. L. 87–543, § 132(c), substituted ‘‘$37.50’’ for ‘‘$35.50’’. Subsec. (a)(3). Pub. L. 87–543, § 101(a)(4), (b)(4)(A), in- serted in opening provisions ‘‘whose State plan ap- proved under section 1352 of this title meets the re- quirements of subsection (c)(1) of this section’’ after ‘‘any State’’, and substituted provisions which in- creased the Federal share of expenses of administration of State public assistance plans by providing quarterly payments of the sum of 75 per centum of the quarterly expenses for certain prescribed services to help attain and retain capability for self-support or self-care, serv- ices likely to prevent or reduce dependency, and serv- ices appropriate for individuals who were or are likely to become applicants for or recipients of aid to the per- manently and totally disabled and request such serv- ices, and training of State or local public assistance personnel administering such plans and one-half of other administrative expenses for other services, per- mitted State health or vocational rehabilitation or other appropriate State agencies to furnish such serv- ices, except vocational rehabilitation services, and re- quired the determination of the portion of expenses covered by the 75 and 50 per centum provisions in ac- cordance with methods and procedures permitted by the Secretary, for former provisions requiring quar- terly payments of one-half of quarterly expenses of ad- ministration of State plans, including staff services of State or local public assistance agencies to applicants for and recipients of aid to the permanently and totally disabled to help them attain self-support or self-care. Subsec. (a)(4). Pub. L. 87–543, § 101(b)(4)(B), added par. (4). Subsec. (c). Pub. L. 87–543, § 101(b)(4)(C), added subsec. (c). 1961—Subsec. (a). Pub. L. 87–64 substituted ‘‘$31’’ for ‘‘$30’’ and ‘‘$66’’ for ‘‘$65’’ in cl. (1), and ‘‘$35.50’’ for ‘‘$35’’ in cl. (2). 1958—Subsec. (a). Pub. L. 85–840 increased the pay- ments to the States to four-fifths of the first $30 of the average monthly payment per recipient, including as- sistance in the form of money payments and in the form of medical or any other type of remedial care, plus the Federal percentage of the amount by which the expenditures exceed the maximum which may be counted under cl. (A), but excluding that part of the av- erage monthly payment per recipient in excess of $65, increased the average monthly payment to Puerto Rico and the Virgin Islands from $30 to $35, excluded Guam from the provisions which authorize an average month- ly payment of $65 and included Guam within the provi- sions which authorize an average monthly payment of $35, and permitted the counting of individuals with re- spect to whom expenditures were made as old-age as- sistance in the form of medical or any other type of re- medial care in determining the total number of recipi- ents. 1956—Subsec. (a). Act Aug. 1, 1956, § 304, substituted ‘‘during such quarter as aid to the permanently and to- tally disabled in the form of money payments under the State plan’’ for ‘‘during such quarter as aid to the per- manently and totally disabled under the State plan’’ in cls. (1) and (2), ‘‘who received aid to the permanently and totally disabled in the form of money payments for each month’’ for ‘‘who received aid to the permanently and totally disabled for such month’’ in par. (A) of cl. (1), and inserted cl. (4). Page 2798 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1353 Act Aug. 1, 1956, § 314(c), struck out ‘‘, which shall be used exclusively as aid to the permanently and totally disabled,’’ after ‘‘the Virgin Islands, an amount’’ in cls. (1) and (2), and substituted ‘‘including services which are provided by the staff of the State agency (or of the local agency administering the State plan in the polit- ical subdivision) to applicants for and recipients of such aid to help them attain self-support or self-care’’ for ‘‘which amount shall be used for paying the costs of administering the State plan or for aid to the perma- nently and totally disabled or both, and for no other purpose’’ in cl. (3). Act Aug. 1, 1956, § 344, substituted ‘‘October 1, 1956’’ for ‘‘October 1, 1952’’, struck out ‘‘, which shall be used exclusively as aid to the permanently and totally dis- abled,’’ after ‘‘the Virgin Islands, an amount’’ in cls. (1) and (2), and substituted ‘‘$60’’ for ‘‘$55’’, ‘‘the product of $30’’ for ‘‘the product of $25’’, ‘‘Secretary of Health, Education, and Welfare’’ for ‘‘Secretary’’, and ‘‘includ- ing services which are provided by the staff of the State agency (or of the local agency administering the State plan in the political subdivision) to applicants for and recipients of such aid to help them attain self-support or self-care’’ for ‘‘which amount shall be used for pay- ing the costs of administering the State plan or for aid to the permanently and totally disabled, or both, and for no other purpose’’. 1952—Subsec. (a). Act July 18, 1952, increased the Fed- eral share of the State’s average monthly payment to four-fifths of the first $25 plus one-half of the remainder within individual maximums of $55, and changed for- mulas for computing the Federal share of public assist- ance for Puerto Rico and the Virgin Islands. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsec. (b) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–66 effective with respect to calendar quarters beginning on or after Apr. 1, 1994, with special rule for States whose legislature meets bi- ennially, and does not have regular session scheduled in calendar year 1994, see section 13741(c) of Pub. L. 103–66, set out as a note under section 303 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–603 effective Oct. 1, 1987, see section 121(c)(2) of Pub. L. 99–603, set out as a note under section 502 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by section 2353(l) of Pub. L. 97–35 effec- tive Oct. 1, 1981, except as otherwise explicitly pro- vided, see section 2354 of Pub. L. 97–35, set out as an Ef- fective Date note under section 1397 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by section 3(e)(2) of Pub. L. 93–647 effec- tive with respect to payments under sections 603 and 803 of this title for quarters commencing after Sept. 30, 1975, and amendment by section 5(d) of Pub. L. 93–647 effective with respect to payments for quarters com- mencing after Sept. 30, 1975, see section 7(a), (b) of Pub. L. 93–647, set out as a note under section 303 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Amendments by Pub. L. 92–512 effective July 1, 1972, and Jan. 1, 1973, respectively, see section 301(e) of Pub. L. 92–512, set out as a note under section 303 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–248 effective Jan. 1, 1968, see section 212(e) of Pub. L. 90–248, set out as a note under section 303 of this title. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by section 401(e) of Pub. L. 89–97 applica- ble in the case of expenditures made after December 31, 1965, under a State plan approved under subchapter I, IV, X, XIV, or XVI of this chapter, see section 401(f) of Pub. L. 89–97, set out as a note under section 303 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by section 101(a)(4) of Pub. L. 87–543 ap- plicable in the case of expenditures, under a State plan approved under subchapter I, IV, X, or XIV of this chap- ter, as the case may be, made after Aug. 31, 1962, amendment by section 101(b)(4) of Pub. L. 87–543 appli- cable in the case of expenditures, under a State plan approved under subchapter I, IV, X, or XIV of this chap- ter, as the case may be, made after June 30, 1963, and amendment by section 132(c) of Pub. L. 87–543 applica- ble in the case of expenditures, under a State plan ap- proved under subchapter I, IV, X, or XIV of this chap- ter, as the case may be, made after Sept. 30, 1962, see section 202(d), (f) of Pub. L. 87–543, set out as a note under section 303 of this title. EFFECTIVE DATE OF 1961 AMENDMENT Amendment by Pub. L. 87–64 applicable only in the case of expenditures made after Sept. 30, 1961, and be- fore July 1, 1962, under a State plan approved under subchapters I, X, or XIV of this chapter, see section 303(e) of Pub. L. 87–64, set out as a note under section 303 of this title. EFFECTIVE DATE OF 1958 AMENDMENT For effective date of amendment by Pub. L. 85–840, see section 512 of Pub. L. 85–840, set out as a note under section 303 of this title. EFFECTIVE AND TERMINATION DATE OF 1956 AMENDMENT Amendment by section 304 of act Aug. 1, 1956, effec- tive July 1, 1957, see section 305 of act Aug. 1, 1956, set out as a note under section 303 of this title. Amendment by section 344 of act Aug. 1, 1956, effec- tive only for period beginning Oct. 1, 1956, and ending with close of June 30, 1959, see section 345 of such act Aug. 1, 1956, set out as a note under section 303 of this title. EFFECTIVE AND TERMINATION DATE OF 1952 AMENDMENT Amendment by act July 18, 1952, effective for period beginning Oct. 1, 1952, and ending Sept. 30, 1956, see sec- tion 8(e) of act July 18, 1952, set out as a note set out under section 303 of this title. NONDUPLICATION OF PAYMENTS TO STATES: PROHIBITION OF PAYMENTS AFTER DECEMBER 31, 1969 Prohibition of payments under this subchapter to States with respect to aid or assistance in form of med- ical or other type of remedial care for any period for which States received payments under subchapter XIX of this chapter or for any period after Dec. 31, 1969, see section 121(b) of Pub. L. 89–97, set out as a note under section 1396b of this title. ELECTION OF PAYMENTS UNDER COMBINED STATE PLAN RATHER THAN SEPARATE PLANS Payments to States under combined State plan under subchapter XVI or this chapter as precluding payment under State plan conforming to this subchapter, see section 141(b) of Pub. L. 87–543, set out as a note under section 1382e of this title. 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