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42 U.S.C. § 306 — Definitions

submitted 91 years ago by ch. 531 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 565 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines 'old-age assistance' for a program helping needy people 65 and older. It covers cash payments and, sometimes, medical or remedial care, but usually not for people living in public institutions. States can pay a caretaker on the needy person's behalf if strict safeguards are followed. Two older parts of this section have been repealed.

(a) "Old-age assistance" means money paid to, or (starting up to three months before someone applies) medical care or state-recognized remedial care given on behalf of, needy people who are 65 or older. It does not include payments or care for someone living in a public institution -- unless that person is a patient in a medical institution. The term also covers a special kind of payment: money paid to a third person instead of the needy individual, when that third person is concerned with the needy individual's welfare (as the Secretary's standards define). This only counts if the state's approved plan under section 302 includes all of these safeguards: (1) The state agency must find that the needy individual's physical or mental condition makes them unable to manage money, so paying someone else is necessary for the individual's welfare. (2) The state can only make these third-party payments when they still meet the individual's full need under the state's normal rules -- combined with the person's other income and resources. (3) The state must keep making real efforts to protect the individual's welfare and help the individual manage money and care for themselves again. (4) The state agency must periodically re-check the finding from (1), to see if it still holds. If it doesn't, the state must stop the third-party payments and, when it would serve the individual's interests, seek a court-appointed guardian or other legal representative under section 1311. (5) The individual must get a chance for a fair hearing before the state agency on the finding made under (1). If a state's approved plan allows it, the state has two choices: (i) the state doesn't have to count money payments to someone who has been away from the state for more than 90 days in a row, until that person is back in the state for 30 days straight (if they kept their residence there) or 90 days straight (if not); and (ii) the state may count rent paid directly to a public housing agency on behalf of one or more recipients. (b), (c) These two subsections are repealed. Congress removed them in 1981 through Public Law 97-35.
the actual law source: uscode.house.gov ↗public domain
(a)

For the purposes of this subchapter, the term “old-age assistance” means money payments to, or (if provided in or after the third month before the month in which the recipient makes application for assistance) medical care in behalf of or any type of remedial care recognized under State law in behalf of, needy individuals who are 65 years of age or older, 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). 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 302 of this title 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 assistance through payments described in this sentence;

(2)

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 old-age assistance 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)

periodic review by such State agency of the determination under paragraph (1) of this subsection 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 section 1311 of this title, 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) of this subsection 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 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, 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)

, (c) Repealed. Pub. L. 97–35, title XXI, § 2184(a)(5), Aug. 13, 1981, 95 Stat. 817.

Source credit: (Aug. 14, 1935, ch. 531, title I, § 6, 49 Stat. 622; Aug. 10, 1939, ch. 666, title I, § 103, 53 Stat. 1362; Aug. 28, 1950, ch. 809, title III, pt. 1, § 303(a), 64 Stat. 549; Pub. L. 86–778, title VI, § 601(f), Sept. 13, 1960, 74 Stat. 991; Pub. L. 87–543, title I, § 156(a), July 25, 1962, 76 Stat. 207; Pub. L. 89–97, title II, §§ 221(a)(1), (2), 222(a), title IV, § 402(a), July 30, 1965, 79 Stat. 356, 360, 415; Pub. L. 92–603, title IV, §§ 408(a), 409(a), Oct. 30, 1972, 86 Stat. 1489, 1490; Pub. L. 97–35, title XXI, § 2184(a)(5), Aug. 13, 1981, 95 Stat. 817.)

history & why it existsrecord from the source credit
  • 1935Enacted · Act of Aug. 14, 1935, ch. 531 · 49 Stat. 622
  • 1939Amended · Act of Aug. 10, 1939, ch. 666 · 53 Stat. 1362
  • 1950Amended · Act of Aug. 28, 1950, ch. 809 · 64 Stat. 549
  • 1960Amended · Pub. L. 86-778 · 74 Stat. 991
  • 1962Amended · Pub. L. 87-543 · 76 Stat. 207
  • 1965Amended · Pub. L. 89-97 · 79 Stat. 356, 360, 415
  • 1972Amended · Pub. L. 92-603 · 86 Stat. 1489, 1490
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 817

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

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