§ 1355. Definitions

Footnotes

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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Pub. L. 81–531 · 64 Stat. 404

   Enacted · 42 U.S.C. § 1355

   Aug. 14, 1935, ch. 531, title XIV, § 1405, as added Aug. 28, 1950, ch. 809, title III, pt. 5, § 351, 64 Stat. 557

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title XIV, § 1405, as added Aug. 28, 1950, ch. 809, title III, pt. 5, § 351, 64 Stat. 557

2. 1962

   Pub. L. 87–543 title I § 156(d) · 76 Stat. 172

   Inserted · 42 U.S.C. § 1355

   Pub. L. 87–543 inserted “(if provided in or after the third month before the month in which the recipient makes application for aid)” before “medical care”

   Source evidence

   Code amendment note
   Pub. L. 87–543 inserted “(if provided in or after the third month before the month in which the recipient makes application for aid)” before “medical care”.

   Enacted provision · exact public law section
   (d) Section 1405 of such Act is amended by inserting “(if provided 42 USC 1355. in or after the third month before the month in which the recipient makes application for aid)” before “medical care”.

3. 1965

   Social Security Amendments of 1965

   Pub. L. 89–97 title II § 221(c) · 79 Stat. 288

   Struck · 42 U.S.C. § 1355

   Pub. L. 89–97 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

   Source evidence

   Code amendment note
   Pub. L. 89–97 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.

   Enacted provision · exact public law section
   (c) Section 1405 of such Act is amended by striking out clauses (a) and (b) and inserting in lieu thereof the following: “who is a patient in an institution for tuberculosis or mental diseases”.

   Effective date note
   Amendment by section 221(c) of Pub. L. 89–97 applicable in the case of expenditures made after Dec. 31, 1965, under a State plan approved under this subchapter, see section 221(e) of Pub. L. 89–97, set out as a note under section 303 of this title. Amendment by section 402(d) of Pub. L. 89–97 applicable in the case of expenditures made after Dec. 31, 1965, under a state plan approved under subchapter I, X, XIV, or XVI of this chapter, see section 402(e) of Pub. L. 89–97, set out as a note under section 306 of this title.

4. 1972

   Social Security Amendments of 1972

   Pub. L. 92–603 title IV · 86 Stat. 1329

   Changed · 42 U.S.C. § 1355

   Pub. L. 92–603 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

   Source evidence

   Code amendment note
   Pub. L. 92–603 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.

   Enacted provision · exact public law
   TITLE IV— MISCELLANEOUS Sec. 401. limitation on fiscal liability of states for optional state supplementation (a) (1) The amount payable to the Secretary by a State for any fiscal year pursuant to its agreement or agreements under Ante, p. 1474. section 1616 of the Social Security Act shall not exceed the non-Federal share of expenditures as aid or assistance for quarters in the calendar year 1972 under the plans of the State approved under 42 USC 301, 1201, 1351. Ante, p. 1465. titles I, X, XIV, and XVI of the Social Security Act (as defined in subsection (c) of this section). (2) Paragraph (1) of this subsection shall only apply with respect to that portion of the supplementary payments made by the Secretary on behalf of the State under such agreements in any fiscal year which does not exceed in the case of any individual the difference between— (A) the adjusted payment level under the appropriate approved plan of such State as in effect for January 1972 (as defined in subsection (b) of this section), and (B) the benefits under title XVI of the Social Security Act, plus income not excluded under section 1612(b) of such Act in determining such benefits, paid to such individual in such fiscal year, and shall not apply with respect to supplementary payments to any individual who (i) is not required by section 1616 of such Act to be included in any such agreement administered by the Secretary and (ii) would have been ineligible (for reasons other than income) for payments under the appropriate approved State plan as in effect for January 1972. (b) (1) For purposes of subsection (a), the term “adjusted payment level under the appropriate approved plan of a State as in effect for January 1972” means the amount of the money payment which an individual with no other income would have received under the plan of such State approved under title I, X, XIV, or XVI of the Social Security Act, as may be appropriate, and in effect for January 1972; except that the State may, at its option, increase such payment level with respect to any such plan by an amount which does not exceed the sum of— (A) a payment level modification (as defined in paragraph (2) of this subsection) with respect to such plan, and (B) the bonus value of food stamps in such State for January 1972 (as defined in paragraph (3) of this subsection). (2) For purposes of paragraph (1), the term “payment level modification” with respect to any State plan means that amount by which a State which for January 1972 made money payments under such plan to individuals with no other income which were less than 100 per centum of its standard of need could have increased such money payments without increasing (if it reduced its standard of need under such plan so that such increased money payments equaled 100 per centum of such standard of need) the non-Federal share of expenditures as aid or assistance for quarters in calendar year 1972 under the plans of such State approved under titles I, X, XIV, and XVI of the Social Security Act. (3) For purposes of paragraph (1), the term “bonus value of food stamps in a State for January 1972” (with respect to an individual) means— (A) the face value of the coupon allotment which would have been provided to such an individual under the Food Stamp Act of 1964 for January 1972, reduced by (B) the charge which such an individual would have paid for such coupon allotment, if the income of such individual, for purposes of determining the charge it would have paid for its coupon allotment, had been equal to the adjusted payment level under the State plan (including any payment level modification with respect to the plan adopted pursuant to paragraph (2) (but not including any amount under this paragraph)). The total face value of food stamps and the cost thereof in January 1972 shall be determined in accordance with rules prescribed by the Secretary of Agriculture in effect in such month. (c) For purposes of this section, the term “non-Federal share Definition. of expenditures as aid or assistance for quarters in the calendar year 1972 under the plans of a State approved under titles I, X, XIV, and XVI of the Social Security Act’” means the difference between— 42 USC 301, 1201, 1351. Ante, p. 1465. (1) the total expenditures in such quarters under such plans for aid or assistance (expenditures authorized under section 1119 of such Act for repairing the home of an individual who was 81 Stat. 894. 42 USC 1319. receiving aid or assistance under one of such plans (as such section was in effect prior to the enactment of this Act)), and (2) the total of the amounts determined under sections 3, 1003, 1403, and 1603 of the Social Security Act, under section 1118 of 42 USC 303, 1203, 1353, 1383. 79 Stat. 423. 42 USC 1318. Ante, p. 1484. such Act, and under section 9 of the Act of April 19, 1950, for such State with respect to such expenditures in such quarters. Sec. 402. transitional administrative provisions In order for a State to be eligible for any payments pursuant to title IV, V, XVI, or XIX of the Social Security Act with 42 USC 601, 701, 1396. respect to expenditures for any quarter in the fiscal year ending June 30, 1975, and for the purpose of providing an orderly transition from State to Federal administration of the Supplemental Security Income Program, such State shall enter into an agreement with the Secretary of Health, Education, and Welfare under which the State agencies responsible for administering or for supervising the administration of the plans approved under titles I, X, XIV, and XVI of the Social Security Act will, on behalf of the Secretary, administer all or such part or parts of the program established by section 301 of this Act, during such portion of the fiscal year ending June 30, 1975, as may be provided in such agreement. Sec. 403. savings provision regarding certain expenditures for social services In the administration of section 1130 of the Social Security Act, the allotment of each State (as determined under subsection (b) Ante, p. 945. of such section) for the fiscal year ending June 30, 1973, shall (notwithstanding any provision of such section 1130) be adjusted so that the amount of such allotment for such year consists of the sum of the following: (1) the amount, not to exceed $50,000,000, payable to the State (as determined without regard to such section 1130) with respect to the total expenditures incurred by the State for services (of the type, and under the programs to which the allotment, as determined under such subsection (b), is applicable) for the calendar quarter commencing July 1, 1972, plus (2) an amount equal to three-fourths of the amount of the allotment of such State (as determined under such subsection (b), but without application of the provisions of this section): Provided, however, That no State shall receive less under this section than the amount to which it would have been entitled otherwise under section 1130 of the Social Security Act. Sec. 404. change in executive schedule—commissioner of social security (a) Section 5316 of title 5, United States Code (relating to positions at level V of the Executive Schedule), is amended by striking out: “(51) Commissioner of Social Security, Department of Health, Education, and Welfare.”. (b) Section 5315 of title 5, United States Code (relating to positions at level IV of the Executive Schedule), is amended by adding at the end thereof the following: “(97) Commissioner of Social Security, Department of Health, Education, and Welfare.”. (c) The amendments made by the preceding provisions of this section shall take effect on the first day of the first pay period of the Commissioner of Social Security, Department of Health, Education, and Welfare, which commences on or after the first day of the month which follows the month in which this Act is enacted. Sec. 405. separation of social services not required (a) Section 2(a) (10) (C) of the Social Security Act is amended by inserting “(using whatever internal organizational arrangement it finds appropriate for this purpose)” immediately after “provide a description of the services (if any) which the State agency makes available”. (b) Section 1002(a) (13) of such Act is amended by inserting “(using whatever internal organizational arrangement it finds appropriate for this purpose)” immediately after “provide a description of the services (if any) which the State agency makes available”. (c) Section 1402(a) (12) of such Act is amended by inserting “(using whatever internal organizational arrangement it finds appropriate for this purpose)” immediately after “provide a description of the services (if any) which the State agency makes available”. (d) Section 1602(a) (10) of such Act is amended by inserting “(using whatever internal organizational arrangement it finds appropriate for this purpose)” immediately after “provide a description of the services (if any) which the State agency makes available”. Sec. 406. manuals and policy issuances not required without charge (a) Section 2(b) of the Social Security Act is amended by adding at the end thereof the following new sentence: “At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this title.” (b) Section 1002(b) of such Act is amended by adding immediately after the first sentence thereof the following new sentence: “At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this title.” (c) Section 1402(b) of such Act is amended by adding at the end thereof the following new sentence: “At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this title.” (d) Section 1602(b) of such Act is amended by adding immediately 42 USC 1382. after the first sentence thereof the following new sentence: “At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this title.” Sec. 407. effective date of fair hearing decision (a) Section 2 (a) (4) is amended by— 42 USC 302. (1) deleting “provide” and inserting in lieu thereof “provide (A)”, and (2) inserting immediately before, the semicolon at the end thereof the following: “, and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing”. (b) Section 1002 (a) (4) is amended by— 42 USC 1202. (1) deleting “provide” and inserting in lieu thereof “provide (A)”, and (2) inserting immediately before the semicolon at the end thereof the following: “, and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing”. (c) Section 1402(a)(4) is amended by— 42 USC 1352. (1) deleting “provide” and inserting in lieu thereof “provide (A)”, and (2) inserting immediately before the semicolon at the end thereof the following: “, and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing”. (d) Section 1602(a) (4) is amended by— (1) deleting “provide” and inserting in lieu thereof “provide (A)”, and (2) inserting immediately before the semicolon at the end thereof the following: “, and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing”. Sec. 408. absence from state for more than 90 days (a) Section 6(a) of the Social Security Act is amended 42 USC 306. by adding at the end thereof the following new sentence: “At the option of a State (if its plan approved under this title so provides), such term 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,” (b) Section 1006 of such Act is amended by adding at the end thereof the following new sentence: “At the option of a State (if its plan approved under this title so provides), such term 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.” (c) Section 1405 of such Act is amended by adding at the end thereof the following new sentence: “At the option of a State (if its plan approved under this title so provides), such term 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.” (d) Section 1605(a) of such Act is amended by adding at the end thereof the following new sentence: “At the option of a State if its plan approved under this title so provides, such term 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.” Sec. 409. rent payments to public housing agency (a) Section 6(a) of the Social Security Act (as amended by section 554(a) of this Act) is further amended by— (1) striking out “such term” in the last sentence thereof and inserting in lieu thereof “such term (i)”, and (2) adding immediately before the period at the end of such sentence the following: “”, 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”. (b) Section 1006 of such Act (as amended by section 554(b) of this Act) is further amended by— (1) striking out “such term” in the last, sentence thereof and inserting in lieu thereof “such term (i)”, and (2) adding immediately before the period at the end of such sentence the following: “, 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”. (c) Section 1405 of such Act (as amended by section 554(c) of this Ante, p. 1490. Act) is further amended by— (1) striking out “such term” in the last sentence thereof and inserting in lieu thereof “such term (i)”, and (2) adding immediately before the period at the end of such sentence the following: “, 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”. (d) Section 1605(a) of such Act (as amended by section 554(d) of this Act) is further amended by— (1) striking out “such term” in the last sentence thereof and inserting in lieu thereof “such term (i)”, and (2) adding immediately before the period at the end of such sentence the following: “, 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”. Sec. 410. statewideness not required for services (a) Section 2(a) of the Social Security Act is amended 42 USC 302. by inserting “except to the extent permitted by the Secretary with respect to services,” before “provide” at the beginning of paragraph (1). (b) Section 1002(a) of such Act is amended by inserting “except to 42 USC 1202. the extent permitted by the Secretary with respect to services,” before “provide” at the beginning of clause (1). (c) Section 1402(a) of such Act is amended by inserting “except 42 USC 1352. to the extent permitted by the Secretary with respect to services,” before “provide” at the beginning of clause (1). (d) Section 1602(a) of such Act is amended by inserting “except 42 USC 1382. to the extent permitted by the Secretary with respect to services,” before “provide” at the beginning of paragraph (1). Sec. 411. prohibition against participation in food stamp or surplus commodities program by persons eligible to participate in employment or assistance programs (a) Effective January 1, 1974, section 3(e) of the Food Effective date. Stamp Act of 1964 is amended by adding at the end thereof the following 84 Stat. 2048. 7 USC 2012. new sentence: “No person who is eligible (or upon application would be eligible) to receive supplemental security income benefits under title XVI of such Act shall be considered to be a member of a household or an elderly person for purposes of this Act.” (b) Section 3(h) of such Act is amended to read as follows: 78 Stat. 703. “(h) The term ‘State agency’, with respect to any State, means the agency of State government which is designated by the Secretary for purposes of carrying out this Act in such State.” (c) Section 10(c) of such Act is amended by striking out the first 84 Stat. 2051. 7 USC 2019. sentence. (d) Clause (2) of the second sentence of section 10(e) of such Act is amended by striking out “used by them in the certification of applicants for benefits under the federally aided public assistance programs” and inserting in lieu thereof the following: “prescribed by the Secretary in the regulations issued pursuant to this Act”. (e) Section 10(e) of such Act is further amended by striking out the third sentence. (f) Section 14 of such Act is amended by striking out subsection (e). (g) Effective January 1, 1974, section 416 of the Act of October 31, 68 Stat. 458; 84 Stat. 199. 7 USC 1431. 1949, is amended by adding at the end thereof the following new sentence: “No person who is eligible (or upon application would be eligible) to receive supplemental security income under title XVI of such Act shall be eligible to participate in any program conducted under this section (other than nonprofit child feeding programs or programs under which commodities are distributed on an emergency or temporary basis and eligibility for participation therein is not based upon the income or resources of the individual or family).” (h) Except as otherwise provided in this section, the amendments made by this section shall take effect on January 1, 1973. Sec. 412. child welfare services Effective with respect to fiscal years beginning after June 30, 1972, section 420 of the Social Security Act is amended by striking out “$55,000,000 for the fiscal year ending June 30, 1968, $100,000,000 for the fiscal year ending June 30, 1969, and $110,000,000 for each fiscal year thereafter” and inserting in lieu thereof “$196,000,000 for the fiscal year ending June 30, 1973, $211,000,000 for the fiscal year ending June 30, 1974, $226,000,000 for the fiscal year ending June 30, 1975, $246,000,000 for the fiscal year ending June 30, 1976, and $266,000,000 for each fiscal year thereafter”. Sec. 413. safeguarding information (a) Section 2 (a) (7) of the Social Security Act is amended to read as follows: “(7) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) to public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan;”. (b) Section 1002(a) (9) of such Act is amended to read as follows: “(9) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) in public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan;”. (c) Section 1402(a) (9) of such Act is amended to read as follows: “(9) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) to public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan;”. (d) Section 1602 (a) (7) of such Act is amended to read as follows: “(7) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) to public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan;”. Sec. 414. recipients of assistance for the aged, blind, and disabled ineligible (a) Section 402(a) of the Social Security Act is amended (1) by striking out the period at the end thereof and inserting in lieu of such period “; and”, and (2) by adding at the end thereof the following new clause: “(24) if an individual is receiving benefits under title XVI, then, for the period for which such benefits are Ante, p. 1465. received, such individual shall not be regarded as a member of a family for purposes of determining the amount of the benefits of the family under this title and his income and resources shall not be counted as income and resources of a family under this title.” (b) The amendments made by subsection (a) shall be effective on Effective date. and after January 1, 1973.

5. 1981

   Medicare and Medicaid Amendments of 1981

   Pub. L. 97–35 title XXI § 2184(c)(3) · 95 Stat. 357

   Struck · 42 U.S.C. § 1355

   Pub. L. 97–35 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”

   Source evidence

   Code amendment note
   Pub. L. 97–35 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”.

   Enacted provision · exact public law section
   (3) Sections 1006 and 1405 of such Act are each amended by striking 42 USC 1206, 1355. out “, or (if provided” and all that follows through “under State law in behalf of,” in the matter before paragraph (1).

3 of 5 references resolved to an enrolled provision · 2 partial