42 U.S.C. § 1355 | Definitions

section 1352 of this titleFor 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 permanently 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 institution (except as a patient in a medical institution) or any individual 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 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 aid through payments described in this sentence;

(2)

1 So in original. Probably should be “needs”.

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 permanently and totally 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;

(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)

section 1311 of this title 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 , 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 subchapter 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.

Aug. 14, 1935, ch. 531 Aug. 28, 1950, ch. 809 64 Stat. 557 Pub. L. 87–543, title I, § 156(d)July 25, 196276 Stat. 207 Pub. L. 89–97, title II, § 221(c)July 30, 196579 Stat. 358 Pub. L. 92–603, title IVOct. 30, 197286 Stat. 1490 Pub. L. 97–35, title XXI, § 2184(c)(3)Aug. 13, 198195 Stat. 817(, title XIV, § 1405, as added , title III, pt. 5, § 351, ; amended , , ; , title IV, § 402(d), , , 417; , §§ 408(c), 409(c), , , 1491; , , .)

Repeal of Section

Pub. L. 92–603, title III, § 303(a)Oct. 30, 197286 Stat. 1484Jan. 1, 1974, (b), , , provided that this section is repealed effective , except with respect to Puerto Rico, Guam, and the Virgin Islands.

Editorial Notes

Amendments

Pub. L. 97–351981— struck out in provision preceding par. (1) “, or (if provided on or after the third month before the month in which the recipient makes application for aid) medical care in behalf of, or any type of remedial care recognized under State law in behalf of,” after “money payments to”.

Pub. L. 92–6031972— authorized the State, at its option, to include within “aid to the permanently and totally 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.

Pub. L. 89–971965— struck out from definition of “aid to the permanently and totally disabled” the exclusion of payments to or medical care in behalf of any individual 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 individual who (as determined in accordance with standards 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, special efforts to protect welfare, periodic review, and opportunity for fair hearing, respectively.

Pub. L. 87–5431962— inserted “(if provided in or after the third month before the month in which the recipient makes application for aid)” before “medical care”.

Statutory Notes and Related Subsidiaries

Effective Date of 1965 Amendment

section 221(c) of Pub. L. 89–97Dec. 31, 1965section 221(e) of Pub. L. 89–97 section 303 of this titleAmendment by applicable in the case of expenditures made after , under a State plan approved under this subchapter, see , set out as a note under .

section 402(d) of Pub. L. 89–97Dec. 31, 1965section 402(e) of Pub. L. 89–97 section 306 of this titleAmendment by applicable in the case of expenditures made after , under a state plan approved under subchapter I, X, XIV, or XVI of this chapter, see , set out as a note under .

Effective Date of 1962 Amendment

Pub. L. 87–543Sept. 30, 1962section 156(e) of Pub. L. 87–543 section 306 of this titleAmendment by applicable in the case of applications made after , under a State plan approved under subchapter I, IV, X, or XIV of this chapter, see , set out as a note under .