
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: 42USC1352]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER XIV--GRANTS TO STATES FOR AID TO PERMANENTLY AND TOTALLY 
                                DISABLED
 
Sec. 1352. State plans for aid to permanently and totally 
        disabled
        
    (a) A State plan for aid to the permanently and totally disabled 
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 
permanently and totally disabled 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 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; 
(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, assistance under a State program funded under part A of 
subchapter IV of this chapter, or aid to the blind under the State plan 
approved under section 1202 of this title; (8) provide that the State 
agency shall, in determining need, take into consideration any other 
income and resources of an individual claiming aid to the permanently 
and totally disabled, as well as any expenses reasonably attributable to 
the earning of any such income; except that, in making such 
determination, (A) the State agency may disregard not more than $7.50 of 
any income, (B) of the first $80 per month of additional income which is 
earned the State agency may disregard not more than the first $20 
thereof plus one-half of the remainder, and (C) the State agency may, 
for a period not in excess of 36 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, but only with respect 
to the part or parts of such period during substantially all of which he 
is actually undergoing vocational rehabilitation; (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 all individuals wishing to make application for aid to 
the permanently and totally disabled shall have opportunity to do so, 
and that aid to the permanently and totally disabled shall be furnished 
with reasonable promptness to all eligible individuals; (11) 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; (12) 
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 permanently and totally disabled 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 (13) 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.
    (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 permanently and totally disabled 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 to the permanently and 
    totally disabled and has resided therein continuously for one year 
    immediately preceding the application;
        (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.

(Aug. 14, 1935, ch. 531, title XIV, Sec. 1402, as added Aug. 28, 1950, 
ch. 809, title III, pt. 5, Sec. 351, 64 Stat. 555; amended 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. 314(b), 70 Stat. 850; Pub. L. 87-
543, title I, Secs. 104(a)(3)(I), 106(a)(3), July 25, 1962, 76 Stat. 
185, 188; Pub. L. 89-97, title IV, Sec. 403(d) July 30, 1965, 79 Stat. 
418; Pub. L. 90-248, title II, Secs. 210(a)(4), 213(a)(3), Jan. 2, 1968, 
81 Stat. 896, 898; Pub. L. 92-603, title IV, Secs. 405(c), 406(c), 
407(c), 410(c), 413(c), Oct. 30, 1972, 86 Stat. 1488, 1489, 1491, 1492; 
Pub. L. 98-369, div. B, title VI, Sec. 2651(g), July 18, 1984, 98 Stat. 
1150; Pub. L. 104-193, title I, Sec. 108(h), Aug. 22, 1996, 110 Stat. 
2169.)

                            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)(13). Pub. L. 98-369 added cl. (13).
    1972--Subsec. (a)(1). Pub. L. 92-603, Sec. 410(c), inserted ``except 
to the extent permitted by the Secretary with respect to services'' 
before ``provide''.
    Subsec. (a)(4). Pub. L. 92-603, Sec. 407(c), designated existing 
provisions as subcl. (A) and added subcl. (B).
    Subsec. (a)(9). Pub. L. 92-603, Sec. 413(c), 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 permanently and 
totally disabled.
    Subsec. (a)(12). Pub. L. 92-603, Sec. 405(c), inserted provision 
relating to the use of whatever internal organizational arrangement 
found appropriate.
    Subsec. (b). Pub. L. 92-603, Sec. 406(c), 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)(4), designated 
existing provisions as subcl. (A) and added subcl. (B).
    Subsec. (a)(8)(A). Pub. L. 90-248 Sec. 213(a)(3), 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). Pub. L. 89-97 inserted exception prohibiting 
disregard by State in making its determination of need of more than $5 
of any income or of more than the first $20 of the first $80 per month 
of additional income which is earned and allowing disregard, for a 
period not in excess of 36 months, of such additional amounts of other 
income and resources as may be necessary to the fulfillment of approved 
plan for achieving self-support but only as to the part or parts of such 
period during substantially all of which he is actually undergoing 
vocational rehabilitation.
    1962--Subsec. (a)(7). Pub. L. 87-543, Sec. 104(a)(3)(I), substituted 
``aid to families with dependent children'' for ``aid to dependent 
children''.
    Subsec. (a)(8). Pub. L. 87-543, Sec. 106(a)(3), inserted ``, as well 
as any expenses reasonably attributable to the earning of any such 
income''.
    1956--Subsec. (a)(12). Act Aug. 1, 1956, added cl. (12).


                    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)(4) 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(d) 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)(3) 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.


                    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.

                          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 all 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 1315, 1354, 1355, 1382a, 
4728 of this title; title 25 section 996.
