(3) [Repealed.] (4) in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health and Human Services for the proper and efficient 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 financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus (B) one-half of the remainder of such expenditures. (b) (1) Prior to the beginning of each quarter, the Secretary shall estimate the amount to which a State will be entitled under subsection (a) for such quarter, such estimates 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 such subsection, and stating the amount appropriated 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, and (B) such other investigation as the Secretary may find necessary. (2) The Secretary shall then pay, in such installments as he may determine, to the State the amount so estimated, reduced or increased to the extent of any overpayment or underpayment which the Secretary determines was made under this section to such State for any prior quarter and with respect to which adjustment has not already been made under this subsection. (3) The pro rata share to which the United States is equitably entitled, as determined by the Secretary, of the net amount recovered during any quarter by the State or any political subdivision thereof with respect to aid or assistance furnished under the State plan, but excluding any amount of such aid or assistance recovered from the estate of a deceased recipient which is not in excess of the amount expended by the State or any political subdivision thereof for the funeral expenses of the deceased, shall be considered an overpayment to be adjusted under this subsection. (4) Upon the making of any estimate by the Secretary under this subsection, any appropriations available for payments under this section shall be deemed obligated. (Page 373 follows) Operation of State Plans Sec. 1604. If the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the State plan approved under this title, finds (1) that the plan has been so changed that it no longer complies with the provisions of section 1602; or (2) that in the administration of the plan there is a failure to comply substantially with any such provision; 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 the Secretary is satisfied that there will no longer be any such failure to comply. Until he is so satisfied 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). Definitions 1 Sec. 1605. (a) For purposes of this title, the term "aid to the aged, blind, or disabled" means money payments to needy individuals who are 65 years of age or older, are blind, or are 18 years of age or over and permanently and totally disabled, but such term does not include (1) 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 (2) any such payments to or care in behalf of any individual who has not attained 65 years of age and 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 1602 includes provision for (A) 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; 1 Sec. 1605 (a) was amended by sec. 2184 of P.L. 97-35. The same section repealed sec. 1605(b). (B) 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 aged, blind, or disabled 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; (C) 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; (D) periodic review by such State agency of the determination under clause (A) to ascertain whether conditions justify 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 (E) opportunity for a fair hearing before the State agency on the determination referred to in clause (A) 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 ninety 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 thirty consecutive 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. (Page 377 follows) TITLE XVI-SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Sec. 1601. Purpose; appropriations-- Sec. 1602. Basic eligibility for benefits....... PART A-DETERMINATION OF BENEFITS Sec. 1611. Eligibility for and amount of benefits.. Page: 377 378 378 378 378 (c) Period for determination of benefits.... (d) Special limits on gross income__ 379 379 the United States- Sec. 1612. Income (e) Limitation on eligibility of certain individuals......- (g) Certain individuals deemed to meet resources test--- (a) Meaning of income.... 379-A 381 381 881-A 382 382 (c) Disposal of resources for less than fair market value. 386-A (f) Income and resources of individuals other than eli- 390 Sec. 1815. Rehabilitation services for blind and disabled individuals. Sec. 1619. Benefits for individuals Who Perform Substantial Gainful Sec. 1620. Medical and Social Services for Certain Handicapped Persons__ (d) Procedures; prohibitions of assignments; representa- 398 (e) Applications and furnishing of information__ 399 400 (g) Reimbursement to States for interim assistance pay- 400 (h) Payment of Certain Travel Expenses....... 401 (i) Payment to States with respect to certain unauthorized 401 401-A Sec. 1633. Administration 402 402 Sec. 1632. Penalties for fraud. Sec. 1634. Determinations of medicaid eligibility-. Purpose; Appropriations Section 1601. For the purpose of establishing a national program to provide supplemental security income to individuals who have attained age 65 or are blind or disabled, there are authorized to be appropriated sums sufficient to carry out this title. This table of contents does not appear in the law. Basic Eligibility for Benefits Section 1602. 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 accordance with and subject to the provisions of this title, be paid benefits by the Secretary of Health, Education, and Welfare. Part A-Determination of Benefits Eligibility for and Amount of Benefits Definition of Eligible Individual Sec. 1611. (a) (1) Each aged, blind, or disabled individual who does not have an eligible spouse and— (A) whose income, other than income excluded pursuant to section 1612(b), is at a rate of not more than $1,752 (or, if greater, the amount determined under section 1617)1 for the calendar year 1974 or any calendar year thereafter, and (B) whose resources, other than resources excluded pursuant to section 1613(a), are not more than (i) in case such individual has a spouse with whom he is living, $2,250, or (ii) in case such individual has no spouse with whom he is living, $1,500, shall be an eligible individual for purposes of this title. (2) Each aged, blind, or disabled individual who has an eligible spouse and (A) whose income (together with the income of such spouse), other than income excluded pursuant to section 1612(b), is at a rate of not more than $2,628 (or, if greater, the amount determined under section 1617)1 for the calendar year 1974, or any calendar year thereafter, and (B) whose resources (together with the resources of such spouse), other than resources excluded pursuant to section 1613 (a), are not more than $2,250, shall be an eligible individual for purposes of this title. Amounts of Benefits (b) (1) The benefit under this title for an individual who does not have an eligible spouse shall be payable at the rate of $1,752 (or, if greater, the amount determined under section 1617)1 for the calendar year 1974 and any calendar year thereafter, reduced by the amount of income, not excluded pursuant to section 1612(b), of such individual. (2) The benefit under this title for an individual who has an eligible spouse shall be payable at the rate of $2,628 (or, if greater, the amount determined under section 1617)1 for the calendar year 1974 and 1 See Appendix E. |