42 U.S.C. § 304 — Stopping 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
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.
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—
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
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.)
- 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.
all 0 arguments · sorted by: best
no arguments yet — make the first case