
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1206]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
             SUBCHAPTER X--GRANTS TO STATES FOR AID TO BLIND
 
Sec. 1206. ``Aid to the blind'' defined

    For the purposes of this subchapter, the term ``aid to the blind'' 
means money payments to blind individuals who are needy, 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 
1202 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 blind 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;
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    \1\ So in original. Probably should be ``needs''.
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        (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) of this subsection 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) of this subsection 
    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 
90 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 30 consecutive days in the case of such an individual who 
has maintained his residence in such State during such period or 90 
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.

(Aug. 14, 1935, ch. 531, title X, Sec. 1006, 49 Stat. 647; Aug. 10, 
1939, ch. 666, title VII, Sec. 703, 53 Stat. 1398; Aug. 28, 1950, ch. 
809, title III, pt. 4, Sec. 343(a), 64 Stat. 554; Pub. L. 87-543, title 
I, Sec. 156(c), July 25, 1962, 76 Stat. 207; Pub. L. 89-97, title II, 
Sec. 221(b), title IV, Sec. 402(c), July 30, 1965, 79 Stat. 358, 416; 
Pub. L. 92-603, title IV, Secs.  408(b), 409(b), Oct. 30, 1972, 86 Stat. 
1490; Pub. L. 97-35, title XXI, Sec. 2184(c)(3), Aug. 13, 1981, 95 Stat. 
817.)

                            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.


                               Amendments

    1981--Pub. L. 97-35 struck out in provision preceding par. (1) ``, 
or (if provided in or after the third month before the month in which 
the recipient makes application for aid) medical care in behalf of or 
any type of remedial care recognized under State law in behalf of,'' 
after ``money payments to''.
    1972--Pub. L. 92-603 authorized the State, at its option, to include 
within term ``aid to the blind'' provisions relating to money payments 
to an individual absent from such State for more than 90 consecutive 
days, and provisions relating to rent payments made directly to a public 
housing agency.
    1965--Pub. L. 89-97 struck out from definition of ``aid to the 
blind'' the exclusion of payments to or medical care in behalf of any 
individual who has been diagnosed as having tuberculosis or psychosis 
and is a patient in a medical institution as a result thereof; and 
extended definition of ``aid to the blind'' to include payments made on 
behalf of the needy individual to another individual who (as determined 
in accordance with standards determined by the Secretary) is interested 
in or concerned with the welfare of such needy individual and enumerated 
the five characteristics required of State plans under which such 
payments can be made, including provision for finding of inability to 
manage funds, payment to meet all needs of the individual, special 
efforts to protect welfare, periodic review, and opportunity for fair 
hearing, respectively.
    1962--Pub. L. 87-543 inserted ``(if provided in or after the third 
month before the month in which the recipient makes application for 
aid)'' before ``medical care''.
    1950--Act Aug. 28, 1950, redefined ``aid to the blind''.
    1939--Act Aug. 10, 1939, redefined ``aid to the blind'' to include 
those individuals who are needy.


                    Effective Date of 1965 Amendment

    Amendment by section 221(b) of Pub. L. 89-97 applicable in the case 
of expenditures made after Dec. 31, 1965, under a State plan approved 
under this subchapter, see section 221(e) of Pub. L. 89-97, set out as a 
note under section 302 of this title.
    Amendment by section 402(c) of Pub. L. 89-97 applicable in the case 
of expenditures made after December 31, 1965, under a State plan 
approved under subchapters I, X, XIV, or XVI of this chapter, see 
section 402(e) of Pub. L. 89-97, set out as a note under section 306 of 
this title.


                    Effective Date of 1962 Amendment

    Amendment by section 156(c) of Pub. L. 87-543 applicable in the case 
of applications made after Sept. 30, 1962, under a State plan approved 
under subchapter I, IV, X, or XIV of this chapter, see section 156(e) of 
Pub. L. 87-543, set out as a note under section 306 of this title.


                    Effective Date of 1950 Amendment

    Section 343(b) of act Aug. 28, 1950, provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect October 
1, 1950, except that the exclusion of money payments to needy 
individuals described in clause (a) or (b) of section 1006 of the Social 
Security Act [this section] as so amended shall, in the case of any of 
such individuals who are not patients in a public institution, be 
effective July 1, 1952.''
