42 USC 302 - State old-age plans

Repeal of Section

Puspan. L. 92–603, title III, § 303(a), (span), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands.

Editorial Notes

Amendments

1984—Subsec. (a)(11). Puspan. L. 98–369 added par. (11).

1981—Subsec. (a). Puspan. L. 97–35 struck out in provision preceding par. (1) “, or for medical assistance for the aged, or for old-age assistance and medical assistance for the aged” par. (11) which specified the contents the State plan must contain if it includes medical assistance for the aged, par. (12) which specified the contents the State plan must contain if it includes assistance to or in behalf of individuals who are patients in institutions for mental diseases, and par. (13) which provided that if the State plan includes assistance to or in behalf of patients in public institutions for mental diseases, it show that the State is making satisfactory progress towards developing and implementing a comprehensive mental health program.

1972—Subsec. (a)(1). Puspan. L. 92–603, § 410(a), inserted “except to the extent permitted by the Secretary with respect to services” before “provide”.

Subsec. (a)(4). Puspan. L. 92–603, § 407(a), designated existing provisions as cl. (A) and added cl. (B).

Subsec. (a)(7). Puspan. L. 92–603, § 413(a), substituted provisions permitting use or disclosure of information concerning applicants or recipients to public officials requiring such information in connection with their official duties and to other persons for purposes directly connected with administration of the State plan, for provisions restricting use or disclosure of such information to purposes directly connected with administration of the State plan.

Subsec. (a)(10)(C). Puspan. L. 92–603, § 405(a), inserted provision relating to use of whatever internal organizational arrangement found appropriate.

Subsec. (span). Puspan. L. 92–603, § 406(a), inserted provision relating to furnishing of manuals and other policy issuances to persons without charge and at option of the State.

1968—Subsec. (a)(5). Puspan. L. 90–248, § 210(a)(1), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (a)(10)(A)(i). Puspan. L. 90–248, § 213(a)(1), increased from $5 to $7.50 limitation on amount of any income which the State may disregard in making its determination of need.

1965—Subsec. (a)(10)(A). Puspan. L. 89–97, § 403(a), placed a ceiling of $5 on amount of any income which the State may disregard in making its determination of need and substituted “$80” and “$20” for “$50” and “$10” respectively.

Subsec. (a)(12), (13). Puspan. L. 89–97, § 221(a)(3), added pars. (12) and (13).

1962—Subsec. (a)(10)(A). Puspan. L. 87–543 inserted “as well as any expenses reasonably attributable to the earning of any such income” and exception provision.

1960—Subsec. (a). Puspan. L. 86–778 amended subsec. (a) generally, inserting provisions relating to plans for medical assistance, and required plans that include old-age assistance to include reasonable standards, consistent with objectives of this subchapter, for determining eligibility for and extent of such assistance.

Subsec. (span). Puspan. L. 86–778 amended subsec. (span) generally, substituting “eligibility for assistance under the plan” for “eligibility for old-age assistance under the plan” in opening provisions, struck out provisions from par. (1) which permitted plan to impose an age requirement of as much as 70 years until Jan. 1, 1940, and inserted provisions in par. (2) requiring the Secretary to disapprove any plan, in the case of applicants for medical assistance for the aged, which excludes any individual who resides in the State.

Subsec. (c). Puspan. L. 86–778 added subsec. (c).

1958—Subsec. (a)(11). Puspan. L. 85–840 inserted provisions in par. (11) requiring the State plan to include a description of the steps taken to assure, in provision of such services, maximum utilization of other agencies providing similar or related services.

1956—Subsec. (a)(11). Act Aug. 1, 1956, added par. (11).

1950—Subsec. (a). Act Aug. 28, 1950, substituted “provide for granting an opportunity for a fair hearing before the State agency to any individual whose claim for old-age assistance is denied or is not acted upon with reasonable promptness” for “provide for granting to any individual, whose claim for old-age assistance is denied, an opportunity for a fair hearing before such State agency” in par. (4), “Administrator” for “Board” wherever appearing, and “he”, “him”, or “his” for “it” or “its” wherever appearing, and added pars. (9) and (10).

1939—Subsec. (a). Act Aug. 10, 1939, amended subsec. (a) generally commencing with par. (5).

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–369 effective Apr. 1, 1985, except as otherwise provided, see section 2651(l)(2) of Puspan. L. 98–369, set out as an Effective Date note under section 1320span–7 of this title.

Effective Date of 1968 Amendment

Puspan. L. 90–248, title II, § 210(span), Jan. 2, 1968, 81 Stat. 896, provided that:

“Each of the amendments made by subsection (a) [amending this section and sections 602, 1202, 1352, 1382, and 1396a of this title] shall become effective July 1, 1969, or, if earlier (with respect to a State’s plan approved under title I, X, XIV, XVI, or XIX, or part A of title IV [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq., 1396 et seq., 601 et seq.]) on the date as of which the modification of the State plan to comply with such amendment is approved.”

Effective Date of 1965 Amendment

Puspan. L. 89–97, title II, § 221(e), July 30, 1965, 79 Stat. 359, provided that:

“The amendments made by this section [amending this section and sections 303, 306, 1206, 1355, 1382, 1383, and 1385 of this title] shall apply in the case of expenditures made after December 31, 1965, under a State plan approved under title I, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.].”

Puspan. L. 89–97, title IV, § 403(a), July 30, 1965, 79 Stat. 418, provided that the amendment made by that section is effective Oct. 1, 1965.

Effective Date of 1962 Amendment

Puspan. L. 87–543, title II, § 202(a), July 25, 1962, 76 Stat. 208, provided that:

“The amendments made by sections 102(span)(1), 103, 106, and 134 [amending this section and sections 602, 607, 723, 1202, and 1352 of this title] shall become effective July 1, 1963.”

Effective Date of 1960 Amendment

Amendment by Puspan. L. 86–778 effective Oct. 1, 1960, see section 604 of Puspan. L. 86–778, set out as a note under section 301 of this title.

Effective Date of 1958 Amendment

Amendment by Puspan. L. 85–840 effective Oct. 1, 1958, see section 512 of Puspan. L. 85–840, set out as a note under section 303 of this title.

Effective Date of 1956 Amendment

Act Aug. 1, 1956, ch. 836, title III, § 314 [315], 70 Stat. 850, provided that:

“The amendments made by sections 311(span), 312(span), 313(span), and 314(span) [amending this section and sections 602, 1202, and 1352 of this title] shall become effective July 1, 1957.”

Effective Date of 1950 Amendment

Act Aug. 28, 1950, ch. 809, title III, § 301(c), 64 Stat. 548, provided that:

“The amendments made by subsections (a) and (span) [amending this section] shall take effect July 1, 1951.”

Transfer of Functions

Functions, powers, and duties of Secretary under subsec. (a)(5)(A) of this section, insofar as relates to the prescription of personnel standards on a merit basis, transferred to Office of Personnel Management, see section 4728(a)(3)(D) of this title.

Disregarding of Income of OASDI Recipients in Determining Need for Public Assistance

Puspan. L. 92–603, title III, § 306, Oct. 30, 1972, 86 Stat. 1485, provided that:

“In addition to the requirements imposed by law as a condition of approval of a State plan to provide aid or assistance in the form of money payments to individuals under title I, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.], there is hereby imposed the requirement (and the plan shall be deemed to require) that, in the case of any individual receiving aid or assistance for any month after October 1972, or, at the option of the State, September 1972, and before January 1974 who also receives in such month a monthly insurance benefit under title II of such Act [42 U.S.C. 401 et seq.] which was increased as a result of the enactment of Public Law 92–336, the sum of the aid or assistance received by him for such month, plus the monthly insurance benefit received by him in such month (not including any part of such benefit which is disregarded under such plan), shall exceed the sum of the aid or assistance which would have been received by him for such month under such plan as in effect for October 1972, plus the monthly insurance benefit which would have been received by him in such month, by an amount equal to $4 or (if less) to such increase in his monthly insurance benefit under such title II (whether such excess is brought about by disregarding a portion of such monthly insurance benefit or otherwise).”