
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1202]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
             SUBCHAPTER X--GRANTS TO STATES FOR AID TO BLIND
 
Sec. 1202. State plans for aid to blind

    (a) A State plan for aid to the blind must (1) except to the extent 
permitted by the Secretary with respect to services, provide that it 
shall be in effect in all political subdivisions of the State, and, if 
administered by them, be mandatory upon them; (2) provide for financial 
participation by the State; (3) either provide for the establishment or 
designation of a single State agency to administer the plan, or provide 
for the establishment or designation of a single State agency to 
supervise the administration of the plan; (4) provide (A) 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, and (B) that if the State plan is 
administered in each of the political subdivisions of the State by a 
local agency and such local agency provides a hearing at which evidence 
may be presented prior to a hearing before the State agency, such local 
agency may put into effect immediately upon issuance its decision upon 
the matter considered at such hearing; (5) provide (A) such methods of 
administration (including after January 1, 1940, methods relating to the 
establishment and maintenance of personnel standards on a merit basis, 
except that the Secretary shall exercise no authority with respect to 
the selection, tenure of office, and compensation of any individual 
employed in accordance with such methods) as are found by the Secretary 
to be necessary for the proper and efficient operation of the plan, and 
(B) for the training and effective use of paid subprofessional staff, 
with particular emphasis on the full-time or part-time employment of 
recipients and other persons of low-income, as community service aides, 
in the administration of the plan and for the use of nonpaid or 
partially paid volunteers in a social service volunteer program in 
providing services to applicants and recipients and in assisting any 
advisory committees established by the State agency; (6) provide that 
the State agency will make such reports, in such form and containing 
such information, as the Secretary may from time to time require, and 
comply with such provisions as the Secretary may from time to time find 
necessary to assure the correctness and verification of such reports; 
and \1\ (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 section 
302 of this title or assistance under a State program funded under part 
A of subchapter IV of this chapter; (8) provide that the State agency 
shall, in determining need, take into consideration any other income and 
resources of the individual claiming aid to the blind, as well as any 
expenses reasonably attributable to the earning of any such income, 
except that, in making such determination, the State agency (A) shall 
disregard the first $85 per month of earned income, plus one-half of 
earned income in excess of $85 per month, (B) shall, for a period not in 
excess of twelve months, and may, for a period not in excess of thirty-
six months, disregard such additional amounts of other income and 
resources, in the case of an individual who has a plan for achieving 
self-support approved by the State agency, as may be necessary for the 
fulfillment of such plan, and (C) may, before disregarding the amounts 
referred to in clauses (A) and (B), disregard not more than $7.50 of any 
income; (9) provide safeguards which permit the use or disclosure of 
information concerning applicants or recipients only (A) to public 
officials who require such information in connection with their official 
duties, or (B) to other persons for purposes directly connected with the 
administration of the State plan; (10) 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, whichever 
the individual may select; (11) effective July 1, 1951, provide that all 
individuals wishing to make application for aid to the blind shall have 
opportunity to do so, and that aid to the blind shall be furnished with 
reasonable promptness to all eligible individuals; (12) effective July 
1, 1953, provide, if the plan includes payments to individuals in 
private or public institutions, for the establishment or designation of 
a State authority or authorities which shall be responsible for 
establishing and maintaining standards for such institutions; (13) 
provide a description of the services (if any) which the State agency 
makes available (using whatever internal organizational arrangement it 
finds appropriate for this purpose) to applicants for and recipients of 
aid to the blind to help them attain self-support or self-care, 
including a description of the steps taken to assure, in the provision 
of such services, maximum utilization of other agencies providing 
similar or related services; and (14) provide that information is 
requested and exchanged for purposes of income and eligibility 
verification in accordance with a State system which meets the 
requirements of section 1320b-7 of this title.
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    \1\ So in original. The word ``and'' probably should not appear.
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    (b) The Secretary shall approve any plan which fulfills the 
conditions specified in subsection (a) of this section, except that he 
shall not approve any plan which imposes, as a condition of eligibility 
for aid to the blind under the plan--
        (1) Any residence requirement which excludes any resident of the 
    State who has resided therein five years during the nine years 
    immediately preceding the application for aid and has resided 
    therein continuously for one year immediately preceding the 
    application; or
        (2) Any citizenship requirement which excludes any citizen of 
    the United States.

At the option of the State, the plan may provide that manuals and other 
policy issuances will be furnished to persons without charge for the 
reasonable cost of such materials, but such provision shall not be 
required by the Secretary as a condition for the approval of such plan 
under this subchapter. In the case of any State (other than Puerto Rico 
and the Virgin Islands) which did not have on January 1, 1949, a State 
plan for aid to the blind approved under this subchapter, the Secretary 
shall approve a plan of such State for aid to the blind for purposes of 
this subchapter, even though it does not meet the requirements of clause 
(8) of subsection (a) of this section, if it meets all other 
requirements of this subchapter for an approved plan for aid to the 
blind; but payments under section 1203 of this title shall be made, in 
the case of any such plan, only with respect to expenditures thereunder 
which would be included as expenditures for the purposes of section 1203 
of this title under a plan approved under this section without regard to 
the provisions of this sentence.

(Aug. 14, 1935, ch. 531, title X, Sec. 1002, 49 Stat. 645; Aug. 10, 
1939, ch. 666, title VII, Sec. 701, 53 Stat. 1397; Aug. 28, 1950, ch. 
809, title III, pt. 4, Sec. 341(a)-(e), pt. 6, Sec. 361(c), (d), 64 
Stat. 553, 558; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 
18 F.R. 2053, 67 Stat. 631; Aug. 1, 1956, ch. 836, title III, 
Sec. 313(b), 70 Stat. 849; Pub. L. 86-778, title VII, Sec. 710, Sept. 
13, 1960, 74 Stat. 997; Pub. L. 87-543, title I, Secs. 104(a)(3)(H), 
106(a)(2), 136(a), 154, July 25, 1962, 76 Stat. 185, 188, 197, 206; Pub. 
L. 88-650, Sec. 5(a), Oct. 13, 1964, 78 Stat. 1078; Pub. L. 89-97, title 
IV, Sec. 403(c), July 30, 1965, 79 Stat. 418; Pub. L. 90-248, title II, 
Secs. 210(a)(3), 213(a)(2), Jan. 2, 1968, 81 Stat. 895, 898; Pub. L. 92-
603, title IV, Secs. 405(b), 406(b), 407(b), 410(b), 413(b), Oct. 30, 
1972, 86 Stat. 1488, 1489, 1491, 1492; Pub. L. 98-369, div. B, title VI, 
Sec. 2651(f), July 18, 1984, 98 Stat. 1149; Pub. L. 104-193, title I, 
Sec. 108(f), Aug. 22, 1996, 110 Stat. 2168.)

                            Repeal of Section

        Pub. L. 92-603, title III, Sec. 303(a), (b), 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.

                       References in Text

    Part A of subchapter IV of this chapter, referred to in subsec. 
(a)(7), is classified to section 601 et seq. of this title.


                               Amendments

    1996--Subsec. (a)(7). Pub. L. 104-193 substituted ``assistance under 
a State program funded under part A of subchapter IV of this chapter'' 
for ``aid to families with dependent children under the State plan 
approved under section 602 of this title''.
    1984--Subsec. (a)(14). Pub. L. 98-369 added cl. (14).
    1972--Subsec. (a)(1). Pub. L. 92-603, Sec. 410(b), inserted ``except 
to the extent permitted by the Secretary with respect to services,'' 
before ``provide''.
    Subsec. (a)(4). Pub. L. 92-603, Sec. 407(b), designated existing 
provisions as subcl. (A) and added subcl. (B).
    Subsec. (a)(9). Pub. L. 92-603, Sec. 413(b), 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). Pub. L. 92-603, Sec. 405(b), inserted provision 
relating to the use of whatever internal organizational arrangement 
found appropriate.
    Subsec. (b). Pub. L. 92-603, Sec. 406(b), 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). Pub. L. 90-248, Sec. 210(a)(3), designated 
existing provisions as subcl. (A) and added subcl. (B).
    Subsec. (a)(8)(C). Pub. L. 90-248, Sec. 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). Pub. L. 89-97 added subcl. (C).
    1964--Subsec. (a)(8). Pub. 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). Pub. L. 87-543, Sec. 104(a)(3)(H), substituted 
``aid to families with dependent children'' for ``aid to dependent 
children''.
    Subsec. (a)(8). Pub. L. 87-543, Secs. 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. (b). Pub. L. 87-543, Sec. 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). Pub. L. 86-778, Sec. 710(b), 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.
    Pub. L. 86-778, Sec. 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, Sec. 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, Sec. 341(b), inserted ``or aid to 
dependent children under the State plan approved under section 302 of 
this title''.
    Subsec. (a)(8). Act Aug. 28, 1950, Sec. 341(c)(2), (d), amended cl. 
(8) generally, effective July 1, 1952, and struck out ``and'' preceding 
cl. (9).
    Act Aug. 28, 1950, Sec. 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, Sec. 341(d), substituted comma 
for period at end.
    Subsec. (a)(10). Act Aug. 28, 1950, Sec. 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, Sec. 341(d), added cl. (10).
    Subsec. (a)(11), (12). Act Aug. 28, 1950, Sec. 341(d), added cls. 
(11) and (12).
    Subsec. (b). Act Aug. 28, 1950, Sec. 361(c), (d), substituted 
``Administrator'' for ``Board'' and ``he'' for ``it''.
    1939--Subsec. (a)(5). Act Aug. 10, 1939, Sec. 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, Sec. 701(b), added cls. (8) 
and (9).


                    Effective Date of 1996 Amendment

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


                    Effective Date of 1968 Amendment

    Amendment by section 210(a)(3) of Pub. 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(b) of Pub. L. 
90-248, set out as a note under section 302 of this title.


                    Effective Date of 1965 Amendment

    Section 403(c) of Pub. L. 89-97 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 Pub. L. 87-543 effective July 1, 
1963, see section 202(a) of Pub. L. 87-543, set out as a note under 
section 302 of this title.
    Section 154 of Pub. L. 87-543 provided that the amendment made by 
that section is effective July 1, 1963.


                    Effective Date of 1960 Amendment

    Section 710(a) of Pub. L. 86-778 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.
    Section 710(b) of Pub. L. 86-778 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

    Section 341(c)(1) of act Aug. 28, 1950, provided that the amendment 
made by that section is effective for the period beginning Oct. 1, 1950, 
and ending June 30, 1952.
    Section 341(c)(2) of act Aug. 28, 1950, provided that the amendment 
made by that section is effective July 1, 1952.
    Section 341(e) of act Aug. 28, 1950, provided that the amendment 
made by that section is effective July 1, 1952.
    Section 341(f) of act Aug. 28, 1950, provided that: ``The amendments 
made by subsections (b) 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

    Section 701(b) of act Aug. 10, 1939, 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.
    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. Secretary and 
Department of Health, Education, and Welfare redesignated Secretary and 
Department of Health and Human Services by section 509(b) of Pub. L. 96-
88 which is classified to section 3508(b) of Title 20, Education.


               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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1204, 1206, 1315, 1352, 
1382a, 4728 of this title; title 25 sections 683, 686, 689, 996.
