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42 U.S.C. § 1320b–3Applicants or recipients under public assistance programs not to be required to make election respecting certain veterans’ benefits

submitted 91 years ago by Pub. L. 96-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 280 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person applying for or receiving specified public assistance or SSI cannot be forced to choose a veterans’ pension option as a condition of eligibility. This protection applies only while the specified State medical-assistance plan condition is in effect.

(a) Supplemental Security Income program. Despite any other law, and subject to subsection (b), a person who applies for or receives aid or assistance under a State plan approved under subchapter I, X, XIV, or XVI, or benefits under the Supplemental Security Income program established by subchapter XVI, may not— (1) be required, as a condition of becoming eligible for or continuing to receive that aid, assistance, or benefits, to make an election under section 306 of the Veterans’ and Survivors’ Pension Improvement Act of 1978 about a pension paid by the Secretary of Veterans Affairs; or (2) be denied that aid, assistance, or benefits, or have its amount reduced, because the person failed or refused to make that election. (b) Period of effectiveness. Subsection (a) applies only to a person who is an applicant for or recipient of the aid, assistance, or benefits described in subsection (a), and only during a period when— (1) if the person applies for or receives aid or assistance under a State plan mentioned in subsection (a), the State with that plan has a medical-assistance plan approved under subchapter XIX under which medical assistance is available to that person only for periods when the person receives the aid, assistance, or benefits described in subsection (a); or (2) if the person applies for or receives benefits under the Supplemental Security Income program established by subchapter XVI, the State where the person applies for or receives those benefits has such a medical-assistance plan.
the actual law source: uscode.house.gov ↗public domain
(a) Supplemental Security Income program

Notwithstanding any other provision of law (but subject to subsection (b)), no individual who is an applicant for or recipient of aid or assistance under a State plan approved under subchapter I, X, XIV, or XVI, or of benefits under the Supplemental Security Income program established by subchapter XVI shall—

(1)

be required, as a condition of eligibility for (or of continuing to receive) such aid, assistance, or benefits, to make an election under section 306 of the Veterans’ and Survivors’ Pension Improvement Act of 1978 with respect to pension paid by the Secretary of Veterans Affairs, or

(2)

by reason of failure or refusal to make such an election, be denied (or suffer a reduction in the amount of) such aid, assistance, or benefits.

(b) Period of effectiveness

The provisions of subsection (a) shall be applicable only with respect to an individual, who is an applicant for or recipient of aid, assistance, or benefits described in subsection (a), during a period with respect to which there is in effect—

(1)

in case such individual is an applicant for or recipient of aid or assistance under a State plan referred to in subsection (a), in the State having such plan, or

(2)

in case such individual is an applicant for or recipient of benefits under the Supplemental Security Income program established by subchapter XVI, in the State in which the individual applies for or receives such benefits,

a State plan for medical assistance, approved under subchapter XIX, under which medical assistance is available to such individual only for periods for which such individual is a recipient of aid, assistance, or benefits described in subsection (a).

Source credit: (Aug. 14, 1935, ch. 531, title XI, § 1133, as added Pub. L. 96–272, title III, § 310(a)(1), June 17, 1980, 94 Stat. 532; amended Pub. L. 102–54, § 13(q)(3)(B)(iii), June 13, 1991, 105 Stat. 279; Pub. L. 104–193, title I, § 108(g)(6), Aug. 22, 1996, 110 Stat. 2168.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 96-272 · 94 Stat. 532
  • 1991Amended · Pub. L. 102-54 · 105 Stat. 279
  • 1996Amended · Pub. L. 104-193 · 110 Stat. 2168

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-272 on 1935-08-14.

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