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42 U.S.C. § 304Stopping payment on deviation from required provisions of plan or failure to comply therewith

submitted 91 years ago by ch. 531 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 221 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a State changes its approved welfare plan to add an age, residence, or citizenship requirement the law forbids — or applies such a requirement in many cases — the Secretary can stop paying that State. The same happens if the State substantially fails to follow required plan provisions. The Secretary gives notice and a hearing first, and payments resume only once the Secretary is satisfied the problem is fixed.

This section has no lettered subsections; it describes one process in numbered steps. It lets the Secretary cut off federal funding to a State whose approved welfare plan breaks certain rules. If a State's plan has been approved under this subchapter, the Secretary can act after giving the State agency that administers or supervises the plan reasonable notice and a chance for a hearing. The Secretary can act if the Secretary finds either: (1) that the plan has been changed to add an age, residence, or citizenship requirement that section 302(b) of this title forbids, or that such a forbidden requirement is being applied in a substantial number of cases with the State agency's knowledge; or (2) that, in administering the plan, there is a substantial failure to follow a provision that section 302(a) of this title requires the plan to include. If the Secretary finds either problem, the Secretary must notify the State agency that no further payments will be made to the State — or, at the Secretary's discretion, that payments will be limited to categories or parts of the plan not affected by the failure. Payments stay cut off, or limited, until the Secretary is satisfied that the forbidden requirement is no longer being imposed, and that the compliance failure no longer exists.
the actual law source: uscode.house.gov ↗public domain

In the case of any State plan which has been approved under this subchapter by the Secretary, if the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of such plan, finds—

(1)

that the plan has been so changed as to impose any age, residence, or citizenship requirement prohibited by section 302(b) of this title, or that in the administration of the plan any such prohibited requirement is imposed, with the knowledge of such State agency, in a substantial number of cases; or

(2)

that in the administration of the plan there is a failure to comply substantially with any provision required by section 302(a) of this title to be included in the plan;

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 such prohibited requirement is no longer so imposed, and that there is no longer 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).

Source credit: (Aug. 14, 1935, ch. 531, title I, § 4, 49 Stat. 622; Aug. 28, 1950, ch. 809, title III, pt. 6, § 361(c), (d), 64 Stat. 558; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 86–778, title VI, § 601(e), Sept. 13, 1960, 74 Stat. 991; Pub. L. 90–248, title II, § 245, Jan. 2, 1968, 81 Stat. 918; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)

history & why it existsrecord from the source credit
  • 1935Enacted · Act of Aug. 14, 1935, ch. 531 · 49 Stat. 622
  • 1950Amended · Act of Aug. 28, 1950, ch. 809 · 64 Stat. 558
  • 1960Amended · Pub. L. 86-778 · 74 Stat. 991
  • 1968Amended · Pub. L. 90-248 · 81 Stat. 918
  • 1979Amended · Pub. L. 96-88 · 93 Stat. 695

A history note hasn’t been published yet. The record shows enactment by ch. 531 on 1935-08-14.

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