42 U.S.C. § 1355 — Definitions

submitted 91 years ago by ch. 531 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 530 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines aid to permanently and totally disabled people and allows certain payments made for them to another person. A State may adopt additional absence and rent-payment rules in its approved plan.

“Aid to the permanently and totally disabled” means money paid to needy people age 18 or older who are permanently and totally disabled. It excludes payments to, or care for, a person in a public institution, except as a medical patient, and a patient in an institution for tuberculosis or mental diseases. It also includes payments otherwise fitting the definition when paid for the needy person to someone concerned with that person's welfare, but only under a State plan containing: (1) a State-agency finding that the person's physical or mental condition makes managing money so difficult that paying the person would harm welfare; (2) payment only when the plan's need rules, together with income and resources, meet all need of the people covered; (3) continuing special efforts to protect welfare and improve self-care and money management; (4) periodic review, ending payments when conditions no longer exist and seeking a court-appointed guardian or representative when best for the person; and (5) a fair hearing before the agency. At a State's option if its plan says so, the term need not include payments to someone absent from the State for over 90 consecutive days until return for 30 consecutive days if the person kept State residence, or 90 consecutive days otherwise. It may include rent paid directly to a public housing agency for a recipient or group of recipients.

the actual law source: uscode.house.gov ↗public domain

For 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 section 1352 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 aid 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 aid to the permanently and totally disabled to be paid (and in conjunction with other income and resources), meet all the need 1 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) 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) 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.

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; amended Pub. L. 87–543, title I, § 156(d), July 25, 1962, 76 Stat. 207; Pub. L. 89–97, title II, § 221(c), title IV, § 402(d), July 30, 1965, 79 Stat. 358, 417; Pub. L. 92–603, title IV, §§ 408(c), 409(c), Oct. 30, 1972, 86 Stat. 1490, 1491; Pub. L. 97–35, title XXI, § 2184(c)(3), Aug. 13, 1981, 95 Stat. 817.)

history & why it existsrecord from the source credit

1935Enacted · Act of Aug. 14, 1935, ch. 531 · 64 Stat. 557
1962Amended · Pub. L. 87-543 · 76 Stat. 207
1965Amended · Pub. L. 89-97 · 79 Stat. 358, 417
1972Amended · Pub. L. 92-603 · 86 Stat. 1490, 1491
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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