42 USC 1202 - State plans for aid to blind

1 So in original. The word “and” probably should not appear.

(7) provide that no aid will be furnished any individual under the plan with respect to any period with respect to which he is receiving old-age assistance under the State plan approved under

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 L. 92–603, title III, § 303(a), (span), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands.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

1996—Subsec. (a)(7). Puspan. L. 104–193 substituted “assistance under a State program funded under part A of subchapter IV” for “aid to families with dependent children under the State plan approved under section 602 of this title”.

1984—Subsec. (a)(14). Puspan. L. 98–369 added cl. (14).

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

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

Subsec. (a)(9). Puspan. L. 92–603, § 413(span), substituted provisions permitting the 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 the administration of the State plan, for provisions restricting the use or disclosure of such information to purposes directly connected with the administration of aid to the blind.

Subsec. (a)(13). Puspan. L. 92–603, § 405(span), inserted provision relating to the use of whatever internal organizational arrangement found appropriate.

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

1968—Subsec. (a)(5). Puspan. L. 90–248, § 210(a)(3), designated existing provisions as subcl. (A) and added subcl. (B).

Subsec. (a)(8)(C). Puspan. L. 90–248, § 213(a)(2), 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)(8)(C). Puspan. L. 89–97 added subcl. (C).

1964—Subsec. (a)(8). Puspan. L. 88–650 permitted the State agency, for a period not in excess of thirty-six months to disregard such additional amounts of other income and resources.

1962—Subsec. (a)(7). Puspan. L. 87–543, § 104(a)(3)(H), substituted “aid to families with dependent children” for “aid to dependent children”.

Subsec. (a)(8). Puspan. L. 87–543, §§ 106(a)(2), 154, inserted “, as well as any expenses reasonably attributable to the earning of any such income”, and amended the exception provision by striking out “either (i) the first $50 per month of earned income, or” after “disregard”, redesignating subcl. (ii) as (A) and adding subcl. (B).

Subsec. (span). Puspan. L. 87–543, § 136(a), provided for approval of certain plans of States, without an approved plan on Jan. 1, 1949, meeting all but income and resources requirements, and payment of certain expenditures under such plans.

1960—Subsec. (a)(8). Puspan. L. 86–778, § 710(span), struck out provision that required the State agency to disregard, alternatively, the first $50 per month of earned income in considering claimant’s income and resources in determining need.

Puspan. L. 86–778, § 710(a), inserted provision that required the State agency to disregard, alternatively, the first $85 per month of earned income plus one-half of earned income in excess of $85 per month in considering claimant’s income and resources in determining need.

1956—Subsec. (a)(13). Act Aug. 1, 1956, added cl. (13).

1950—Subsec. (a)(4). Act Aug. 28, 1950, § 341(a), substituted “provide for granting an opportunity for a fair hearing before the State agency to any individual whose claim for aid to the blind is denied or is not acted upon with reasonable promptness” for “provide for granting to any individual, whose claim for aid is denied, an opportunity for a fair hearing before such State agency”.

Subsec. (a)(7). Act Aug. 28, 1950, § 341(span), inserted “or aid to dependent children under the State plan approved under section 302 of this title”.

Subsec. (a)(8). Act Aug. 28, 1950, § 341(c)(2), (d), amended cl. (8) generally, effective July 1, 1952, and struck out “and” preceding cl. (9).

Act Aug. 28, 1950, § 341(c)(1), amended cl. (8) generally for period beginning Oct. 1, 1950, and ending June 30, 1952.

Subsec. (a)(9). Act Aug. 28, 1950, § 341(d), substituted comma for period at end.

Subsec. (a)(10). Act Aug. 28, 1950, § 341(e), amended cl. (10) generally. Prior to amendment, cl. (10) read as follows: “provide that, in determining whether an individual is blind, there shall be an examination by a physician skilled in diseases of the eye or by an optometrist;”.

Act Aug. 28, 1950, § 341(d), added cl. (10).

Subsec. (a)(11), (12). Act Aug. 28, 1950, § 341(d), added cls. (11) and (12).

Subsec. (span). Act Aug. 28, 1950, § 361(c), (d), substituted “Administrator” for “Board” and “he” for “it”.

1939—Subsec. (a)(5). Act Aug. 10, 1939, § 701(a), inserted “(including after January 1, 1940, methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Board shall exercise no authority with respect)” after “methods of administration” and “proper” before “and efficient operation of the plan”.

Subsec. (a)(8), (9). Act Aug. 10, 1939, § 701(span), added cls. (8) and (9).

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to section 509(span) of Puspan. L. 96–88, which is classified to section 3508(span) of Title 20, Education.

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Puspan. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title.

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

Amendment by section 210(a)(3) of Puspan. L. 90–248 effective July 1, 1969, or, if earlier (with respect to a State’s plan approved under this subchapter) on the date as of which the modification of the State plan to comply with such amendment is approved, see section 210(span) of Puspan. L. 90–248, set out as a note under section 302 of this title.

Effective Date of 1965 Amendment

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

Effective Date of 1962 Amendment

Amendment by section 106(a)(2) of Puspan. L. 87–543 effective July 1, 1963, see section 202(a) of Puspan. L. 87–543, set out as a note under section 302 of this title.

Puspan. L. 87–543, title I, § 154, July 25, 1962, 76 Stat. 206, provided that the amendment made by that section is effective July 1, 1963.

Effective Date of 1960 Amendment

Puspan. L. 86–778, title VII, § 710(a), Sept. 13, 1960, 74 Stat. 997, provided that the amendment made by that section is effective for the period beginning with first day of calendar quarter which begins after Sept. 13, 1960, and ending with close of June 30, 1962.

Puspan. L. 86–778, title VII, § 710(span), Sept. 13, 1960, 74 Stat. 997, provided that the amendment made by that section is effective July 1, 1962.

Effective Date of 1956 Amendment

Amendment by act Aug. 1, 1956, effective July 1, 1957, see section 314 [315] of act Aug. 1, 1956, set out as a note under section 302 of this title.

Effective and Termination Dates of 1950 Amendment

Act Aug. 28, 1950, ch. 809, title III, § 341(c)(1), 64 Stat. 553, provided that the amendment made by that section is effective for the period beginning Oct. 1, 1950, and ending June 30, 1952.

Act Aug. 28, 1950, ch. 809, title III, § 341(c)(2), 64 Stat. 553, provided that the amendment made by that section is effective July 1, 1952.

Act Aug. 28, 1950, ch. 809, title III, § 341(e), 64 Stat. 553, provided that the amendment made by that section is effective July 1, 1952.

Act Aug. 28, 1950, ch. 809, title III, § 341(f), 64 Stat. 553, provided that:

“The amendments made by subsections (span) and (d) [amending this section] shall take effect October 1, 1950; and the amendment made by subsection (a) [amending this section] shall take effect July 1, 1951.”

Effective Date of 1939 Amendment

Act Aug. 10, 1939, ch. 666, title VII, § 701(span), 53 Stat. 1397, provided that the amendment made by that section is effective July 1, 1941.

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.

Public Access to State Disbursement Records

Public access to State records of disbursements of funds and payments under this subchapter, see note set out under section 302 of this title.

Executive Documents

Transfer of Functions

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.