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sarily and reasonably related to provid- (2) As disclosure may be necessary to ing the same. Such arrangements shall carry out any functions of the Secreinclude the methods and procedures for tary under the Act; determining the amounts of the advances (3) As disclosure may be directed by or reimbursements, and for remittance the order of a court of competent and adjustment thereof.

jurisdiction; $ 211.13 Financial responsibility of the

(4) As disclosure may be necessary to eligible person; collections, compro

carry out any functions of any agency mise, or waiver of payment.

of the United States which are related to

the return of the individual from a for(a) For temporary care and treat

eign country, or his entry into the United ment. If an eligible person receiving

States; or temporary care, treatment, and assist

(5) As expressly authorized by the ance, pursuant to the Act, has financial

Commissioner of Welfare. resources available to pay all or part of the costs of such care, the Director shall

(b) An agreement made with an agenrequire him to pay for such costs, either

cy or hospital for care, treatment, and in advance or by way of reimbursement,

assistance pursuant to the Act shall pro

vide that no disclosure will be made of unless in his judgment it would be inequitable or impracticable to require

any information received by such agency such payment.

or hospital in the course of discharging

the duties under such agreement ex(b) For continuing care and treatment. Any eligible person receiving con

cept as is provided therein, or is other

wise specifically authorized by the Comtinuing care and treatment in a hospital,

missioner of Welfare. or his estate, shall be liable to pay or

(c) Nothing in this section shall precontribute toward the payment of the

clude disclosure, upon proper inquiry, of costs or charges therefor, to the same

information as to the presence of an extent as such person would, if a resident of the District of Columbia, be liable to

eligible person in a hospital, or as to his

general condition and progress. pay, under the laws of the District of Columbia, for his care and maintenance 8 211.15 Nondiscrimination. in a hospital for the mentally ill in that

(a) No eligible person shall, on the jurisdiction.

ground of race, color, or national origin, (c) Collections, compromise, or waiver

be excluded from participation, be denied of payment. The Director may, in his

any benefits, or otherwise be subjected discretion, where in his judgment sub

to discrimination of any nature or form stantial justice will be best served there- in the provision of any benefits, under by or the probable recovery will not war- the Act. rant the expense of collection, compro- (b) The prohibition in paragraph (a) mise, or waive the whole or any portion of this section precludes discrimination of, any claim for continuing care and either in the selection of individuals to treatment, and assistance, and in the

receive the benefits, in the scope of beneprocess of arriving at such decision, the

fits, or in the manner of providing them.

It extends to all facilities and services Director may make or cause to be made such investigations as may be necessary

provided by the Director or an agency

to an individual, and to the arrangeto determine the ability of the patient

ments and the procedures under this part to pay or contribute toward the cost

relating thereto, in connection with reof his continuing care and treatment in ception, temporary care, treatment, and a hospital.

assistance, and continuing hospitaliza$ 211.14 Disclosure of information.

tion under the Act. (a) No disclosure of any information

PART 212-ASSISTANCE FOR UNITED with respect to an individual obtained

STATES CITIZENS RETURNED FROM at any time by any person, organization, or institution in the course of discharg

FOREIGN COUNTRIES ing the duties of the Secretary under the Sec. Act shall be made except insofar:

212.1 General definitions.

212.2 General. (1) As the individual or his legal

212.3 Eligible person. guardian, if any (or, if he is a minor, his 212.4 Reception; initial determination, parent or legal guardian), shall consent;

provision of temporary assistance.

Sec. 212.5 Periodic review and redetermination;

termination of temporary assist

ance. 212.6 Duty to report. 212.7 Repayment to the United States. 212.8 Federal payments. 212.9 Disclosure of information. 212.10 Nondiscrimination.

AUTHORITY: The provisions of this Part 212 issued under sec. 302, 75 Stat. 142, sec. 1102, 49 Stat. 647; 42 U.S.C. 1313, 1302.

SOURCE: The provisions of this Part 212 appear at 29 F.R. 19254, Dec. 31, 1964, unless otherwise noted. 8 212.1 General definitions.

When used in this part:

(a) "Act” means section 1113 of the Social Security Act, as amended;

(b) The term "Secretary" means the Secretary of Health, Education, and Welfare;

(c) The term “Department" means the Department of Health, Education, and Welfare;

(d) The term "Bureau" means the Bureau of Family Services of the Welfare Administration, Department of Health, Education, and Welfare;

(e) The term "Director" means the Director of the Bureau of Family Services;

(f) The term “eligible person" means an individual with respect to whom the conditions in § 212.3 are met;

(g) The term “State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam;

(h) The term “United States" when used in a geographical sense means the States;

(1) The term "agency" means State or local public agency or organization or national or local private agency or organization with which the Director has entered into agreement for the provision of temporary assistance pursuant to the Act;

(j) The term “temporary assistance" means money payments, medical care, temporary billeting, transportation, and other goods and services necessary for the health, or welfare of individuals, including guidance, counseling, and other welfare services. § 212.2 General.

The Director shall develop plans and make arrangements for provision of temporary assistance within the United

States to any eligible person, after consultation with appropriate offices of the Department of State, the Department of Justice, and the Department of Defense. Temporary assistance shall be provided, to the extent feasible, in accordance with such plans, as modified from time to time by the Director. The Director shall enter into agreements with agencies whose services and facilities are to be utilized for the purpose of providing temporary assistance pursuant to the Act, specifying the conditions governing the provision of such assistance and the manner of payment of the cost of providing therefor. 8 212.3 Eligible person.

In order to establish that an individual is an eligible person, it must be found that:

(a) He is a citizen of the United States or a dependent of a citizen of the United States;

(b) A written statement has been transmitted to the Bureau by an author. ized official of the Department of State containing information which identifies him as having returned, or been brought from a foreign country to the United States because of the destitution of the citizen of the United States, or the illness of such citizen or any of his dependents, or because of war, threat of war, invasion, or similar crisis. Such statement shall, if possible, incorporate or have attached thereto, all available pertinent informa. tion concerning the individual. In case of war, threat of war, invasion, or similar crisis, a determination by the Department of State that such a condition is the general cause for the return of citizens of the United States and their dependents from a particular foreign country, and evidence that an individual has returned, or been brought, from such country to the United States shall be considered suficient identification of the reason for his return to, or entry into, the United States; and

(c) He is without resources immedi. ately accessible to meet his needs. 8 212.4 Reception; initial determina

tion, provision of temporary

sistance. (a) The Bureau, or the agency upon notification by the Bureau, will meet individuals, identified as provided in $ 212.3(b), at the port of entry or debarkation.

(b) The Bureau or agency will make findings, setting forth the pertinent facts and conclusions, and an initial determination, according to standards established by the Bureau, as to whether an individual is an eligible person.

(c) The Bureau or agency will provide temporary assistance within the United States to an eligible person, according to standards of need established by the Bureau, upon arrival at the port of entry or debarkation, during transportation to his intermediate and ultimate destinations, and after arrival at such destinations.

(d) Temporary assistance may be furnished only for twelve months from the month of arrival of the eligible person in the United States unless he is handicapped in attaining self-support or self-care for such reasons as age, disability, or lack of vocational preparation. In such cases temporary assistance may be extended upon prior authorization by the Bureau for six additional months. $ 212.5 Periodic review and redetermi

nation; termination of temporary

assistance, (a) The Bureau or agency will review the situation of each recipient of temporary assistance at frequent intervals to consider whether or not circumstances have changed that would require a different plan for him.

(b) Upon a finding by the Bureau or agency that a recipient of temporary assistance has sufficient resources available to meet his needs, temporary assistance shall be terminated. 8 212.6 Duty to report.

The eligible person who receives temporary assistance, or the person who is caring for or otherwise acting on behalf of such eligible person, shall report promptly to the Bureau or agency any event or circumstance which would cause such assistance to be changed in amount or terminated. $ 212.7 Repayment to the United States.

(a) An individual who has received temporary assistance shall be required to repay, in accordance with his ability, any or all of the cost of such assistance to the United States, except insofar as it is determined that:

(1) The cost is not readily allocable to such individual;

(2) The probable recovery would be uneconomical or otherwise impractical;

(3) He does not have, and is not expected within a reasonable time to have, income and financial resources suficient for more than ordinary needs; or

(4) Recovery would be against equity and good conscience.

(b) In determining an individual's resources, any claim which he has against any individual, trust or estate, partnership, corporation, or government shall be considered, and assignment to the United States of such claims shall be taken in appropriate cases.

(c) A determination that an individual is not required to repay the cost of temporary assistance shall be final and binding, unless such determination was procured by fraud or misrepresentation of the individual or some other person, or the individual voluntarily offers to repay.

(d) A determination that an individual is required to repay any or all of the cost of temporary assistance may be reconsidered at any time prior to repayment of the required amount. A further determination shall be made with respect to his liability to repay the balance of such amount on the basis of new evidence as to whether (1) he has, or is expected within a reasonable time to have, income and financial resources sufficient for more than ordinary needs, or (2) recovery would be against equity and good conscience. & 212.8 Federal payments.

The agreement made by the Director with an agency for carrying out the purposes of the Act shall provide for payment to such agency, either in advance or by way of reimbursement, of the cost of temporary assistance provided pursuant to the Act, and payment of the cost of other expeditures necessarily and reasonably related to providing the same. Such agreement shall include the method for determining such costs, as well as the methods and procedures for determining the amounts of advances or reimbursement and for remittance and adjustment thereof. § 212.9 Disclosure of information.

(a) No disclosures of any information with respect to an individual obtained at any time by any person, organization, or institution in the course of discharging the duties of the Secretary under the Act shall be made except insofar:

(1) As the individual or his legal guardian, if any (or, if he is a minor, his parent or legal guardian), shall consent;

(2) As disclosure may be necessary to carry out any functions of the Secretary under the Act;

(3) As disclosure may be necessary to carry out any functions of any agency of the United States which are related to the return of the individual from a foreign country, or his entry into the United States; or

(4) As expressly authorized by the Commissioner of Welfare.

(b) An agreement made with an agency for the provision of temporary assistance pursuant to the Act shall provide that no disclosure will be made of any information received by such agency in the course of discharging the duties under such agreement except as is pro

vided therein, or is otherwise specifically authorized by the Commissioner of Welfare. & 212.10 Nondiscrimination.

(a) No eligible person shall, on the ground of race, color, or national origin, be excluded from participation, be denied any benefits, or otherwise be subjected to discrimination of any nature or form in the provision of any benefits, under the Act.

(b) The prohibition in paragraph (a) of this section precludes discrimination either in the selection of individuals to receive the benefits, in the scope of benefits, or in the manner of providing them. It extends to all facilities and services provided by the Bureau or an agency to an individual, and to the arrangements and the procedures under this part relating thereto, in connection with reception and temporary assistance under the Act.

CHAPTER III-BUREAU OF FEDERAL CREDIT UNIONS

SOCIAL SECURITY ADMINISTRATION
DEPARTMENT OF HEALTH, EDUCATION,

AND WELFARE

Part 300 -301 302 306 307 308 309 310 311 315 320 350

Definitions.
Organization and operation of Federal credit unions.
Reserves.
Conversion from Federal to State.
Conversion from State to Federal.
Mergers of Federal credit unions.
Voluntary partial liquidation for division of assets and liabilities.
Voluntary liquidation of Federal credit unions.
Scaledown of shares.
Involuntary liquidation of Federal credit unions.
Disclosure of official records and information.
Credit unions chartered by the District of Columbia.

lumbia, any of the several Territories
and possessions of the United States, the
Panama Canal Zone, and the Common-
wealth of Puerto Rico.
(Sec. 16, 48 Stat. 1221, as amended; 12 U.S.C.
1766) (25 F.R. 5286, June 14, 1960)

PART 300-DEFINITIONS $ 300.1 Definitions.

As used in this chapter:

(a) The term, “Bureau," means the Bureau of Federal Credit Unions, Social Security Administration, Department of Health, Education, and Welfare.

(b) The term, “Director," means the Director of the Bureau of Federal Credit Unions.

(c) The term, “Regional Representative," means the representative of the Bureau in the designated geographical area in which the office of the Federal credit union is located.

(d) The term "Regional Office,” means the office of the Bureau located in the designated geographical area in which the office of the Federal credit union is located.

(e) The term, "Act" means the Federal Credit Union Act (73 Stat. 628, 12 U.S.C., 1751-1772).

(f) The term, "State," means a State of the United States, the District of Co

PART 301 — ORGANIZATION AND

OPERATION OF FEDERAL CREDIT

UNIONS Sec. 301.1 Organization of Federal credit

unions. 301.3 Standard form of bylaws. 301.4 Amendment of bylaws and charters. 301.5 Other applications. 301.6 Fee for supervision. 301.7 Fee for examination. 301.8 Fee for examination of Federal credit

unions in liquidation. 301.9 Loans by Federal credit unions to

other credit unions.
301.10 Establishment of cash funds for

making change.
301.11 Election report.
301.12 Supervisory committee audits.

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