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 2 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 on 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) 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 1111, 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 respect to whom it is made. At the option of a State (if its plan approved under this title 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. (Page 15 follows) TITLE II-FEDERAL OLD-AGE, SURVIVORS, AND DIS ABILITY INSURANCE BENEFITS SEC. 201. Federal Old-Age and Survivors Insurance Trust Fund and Page1 Federal Disability Insurance Trust Fund_-- (j) Application for Monthly Insurance Benefits; Retroactive Effect (k) Simultaneous Entitlement to More Than One Type of Insurance (1) Effect of Entitlement to Survivor Benefits Under Railroad Re- (m) Minimum Survivor's Benefit--. (n) Termination of Benefits Upon Deportation of Primary Bene- (0) Application for Benefits by Survivors of Members and Former (p) Extension of Period for Filing Proof of Support and Applica- (q) Reduction of Benefit Amounts for Certain Beneficiaries---- (a) Creation of Federal Old-Age and Survivors Insurance Trust Fund (b) Creation of Federal Disability Insurance Trust Fund.. (c) Board of Trustees.... (d) Investment of Funds_. (e) Sale of Obligations...___. (f) Crediting of Interest on and Proceeds From Sales of Obligations_ (h) Trust Funds Used for Payments of Benefits (i) Acceptance of Gifts___ SEC. 202. Old-Age and Survivors Insurance Benefit Payments (a) Old-Age Insurance Benefits__ (b) Wife's Insurance Benefits_-_. (c) Husband's Insurance Benefits- (d) Child's Insurance Benefits__ (e) Widow's Insurance Benefits. 30-A 52 54 (s) Child Aged 18 or Över Attending School- (t) Suspension of Benefits of Aliens Who Are Outside the United (u) Effect of Conviction of Subversive Activities, etc-- (v) Waiver of Benefits__. (w) Increase in Old-Age Insurance Benefit Amounts on Account of SEC. 203. Reduction of Insurance Benefits. (a) Maximum Benefits Payable- (b) Deductions on Account of Work_ (c) Deductions on Account of Noncovered Work Outside the U.S.; (d) Deductions From Dependents' Benefits on Account of Old-Age (e) Occurrence of More Than One Event--. 1 This table of contents does not appear in the law. 73 74 71 SEC. 203. Reduction of Insurance Benefits-Continued Page (f) Months to Which Earnings Are Charged__. 74 (g) Penalty for Failure To Report Certain Events--(h) Report of Earnings to Secretary-- 79 79-A (i) Circumstances Under Which Deductions and Reductions Not Required 79-C (j) Attainment of Age Seventy. 79-C (k) Noncovered Remunerative Activity Outside the United States. 79-C (1) Good Cause for Failure To Make Reports Required__ 79-D SEC. 204. Overpayments and Underpayments__ 79-D (a) Adjustment of Errors in Payments___ 79-D (b) When Adjustment or Recovery of Overpayment Not Made__. (c) Nonliability of Certifying or Disbursing Officer 79-E 79-E (d) Special Rules Regarding Underpayments.. 79-E SEC. 205. Evidence, Procedure, and Certification for Payment_-. 79-F (a) Authority of Secretary To Make Rules and Regulations To Carry Out Provisions of Title II. 79-F (b) Decisions by Secretary Regarding Rights of Claimants--- 79-F 79-G (d) Authority of Secretary To Issue Subpenas_. (e) Contumacy or Failure To Obey Subpena--(f) [Repealed.] (g) Review of Secretary's Decision by Court.. (h) Finality of Secretary's Decision__. (i) Certification by Secretary for Payment-- (j) Authority of Secretary To Certify Payment of Benefits to Some- (k) Settlement of Claims of Incompetents--- (1) Authority of Secretary To Delegate Powers-- (m) [Repealed.] (n) Joint Payment of Benefits_. (0) Crediting of Compensation Under the Railroad Retirement Act__ (a) False Statements To Obtain Increase in Benefits. (c) False Statements Made for Use in Determining Rights to (d) (e) Fraudulent Concealment or Failure To Disclose Events Affecting Willful Conversion of Benefits by Representative Payee_- (f) Furnishing False Information To Obtain Social Security Account (g) Penalty for Furnishing False Social Security Number With In tent To Deceive_____ (h) Penalty for Misuse of Social Security Number_. SEC. 209. Definition of Wages.. Payments to or by Trust Exempt From Tax Under Internal Payment of Employee Tax by Employer Excluded (g) Payments in Kind and Certain Cash Payments for Domestic (h) (i) Remuneration for Agricultural Labor-When Excluded. Remuneration Paid After Retirement Age-When Excluded__. (j) Remuneration Paid to Homeworkers-When Excluded_____. 95 95 95 SEC. 209. Definition of Wages-Continued (k) Moving Expenses of Employees-- (1) Tips (m) Payments by Employer Upon or After Termination of Employment (n) Payments by Employer to Survivor of Estate of Former Employee Page (p) (p) (0) Payments to Employee Entitled to Disability Insurance Benefits- 96 Remuneration Paid by Tax Exempt Organizations.. Payments Under Legal Services Plans. 96-A SEC. 210. (a) Employment Employment; Excluded Employment Defined- ** * ****** 96 96 96 96 96 98 98 (b) Included and Excluded Service Performed During Pay Period__ Covered Transportation Service Defined__ (m) Member of a Uniformed Service Defined_. Peace Corps Volunteer Service.. SEC. 211. Self-Employment (a) Net Earnings From Self-Employment Defined.. Self-Employment Income Defined_ 108 110 111 112 112 112 112 116 (c) Trade or Business Defined.. 117 (d) Partnership and Partner Defined.... 119 (e) Taxable Year Defined_ 119 (g) (f) Computing Deceased's Net Earnings From Self-Employment When Partnership Taxable Year Ends Because of Death__. Regular Basis....... 119 119 (a) SEC. 212. Crediting of Self-Employment Income to Calendar Quarters_ 120 120 120 SEC. 213. Quarter and Quarter of Coverage_-_ (b) Crediting of Wages Paid in 1937___ 120 120 123 (c) Alternative Method for Determining Quarters of Coverage for 1937 to 1950.. 123 (d) Amount Required for a Quarter of Coverage.. 123 SEC. 214. Insured Status for Purposes of Old-Age and Survivors Insurance (b) Average Indexed Monthly Earnings; Average Monthly Wage__ 129 131 131 (e) Certain Wages and Self-Employment Income Not To Be Counted Exclusion Under Certain Circumstances of Remuneration Paid 136 (a) [Repealed.] SEC. 216. Other Definitions. (b) Wife (c) Widow - (d) Divorced Wives, Divorce- (e) Child (f) Husband (g) Widower -- 136 SEC. 216. Other Definitions-Continued Page 142 145 -- 148 (h) Determination of Status as Wife, Husband, Widow, Widower, (i) Disability: Period of Disability. (j) When Periods of Limitation End on Nonwork Days--- SEC. 217. Benefits in Case of Veterans.. (a) Wage Credits for World War II Service----. (b) Insured Status of World War II Veterans Dying Within 3 Years After Separation From Active Service...-- (c) Time for Parent of Deceased Veteran To File Proof of Support__. 148 149 149 150 151 152 152 154 154 (h) Wage Credits for American Citizen's World War II Service in 155 SEC. 218. Voluntary Agreements for Coverage of State and Local Em (i) Purpose of Regulations Issued Under This Section___. 168 (j) Result of State Failure To Make Payments Required Under (n) Modification of Agreement To Apply to Certain Positions No 171 (0) Modification of Agreement To Apply to Certain Employees of the 171 (p) Modification of Agreement To Apply to Policemen and Firemen 172 (q) Time Limitation on Assessments 173 (r) Time Limitation on Credits and Refunds_ 175 (s) Review by Secretary of Assessment; Allowance or Disallowance SEC. 220. Disability Provisions Inapplicable if Benefit Rights Impaired___ 177 177 (a) Disability Determination To Be Made by State Agency. (b) Federal-State Agreements--. 177 178 (c) Review by Secretary on His Own Motion of Disability Deter- 179 (d) Individual Dissatisfied by Determination Entitled to Hearing___. (d) Costs of Rehabilitation Services From Trust Funds_-_. 181 |