
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: 42USC302]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
          SUBCHAPTER I--GRANTS TO STATES FOR OLD-AGE ASSISTANCE
 
Sec. 302. State old-age plans


(a) Contents

    A State plan for old-age assistance 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 assistance 
    under the plan 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 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;
        (8) provide that all individuals wishing to make application for 
    assistance under the plan shall have opportunity to do so, and that 
    such assistance shall be furnished with reasonable promptness to all 
    eligible individuals;
        (9) provide, if the plan includes assistance for or on behalf of 
    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;
        (10) if the State plan includes old-age assistance--
            (A) provide that the State agency shall, in determining need 
        for such assistance, take into consideration any other income 
        and resources of an individual claiming old-age assistance, as 
        well as any expenses reasonably attributable to the earning of 
        any such income; except that, in making such determination, (i) 
        the State agency may disregard not more than $7.50 per month of 
        any income and (ii) 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;
            (B) include reasonable standards, consistent with the 
        objectives of this subchapter, for determining eligibility for 
        and the extent of such assistance; and
            (C) 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 such assistance to 
        help them attain 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

        (11) 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) Approval by Secretary

    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 
assistance under the plan--
        (1) an age requirement of more than sixty-five years; or
        (2) any residence requirement which (A) in the case of 
    applicants for old-age assistance, excludes any resident of the 
    State who has resided therein five years during the nine years 
    immediately preceding the application for old-age assistance and has 
    resided therein continuously for one year immediately preceding the 
    application, and (B) in the case of applicants for medical 
    assistance for the aged, excludes any individual who resides in the 
    State; or
        (3) 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.

(c) Limitation on number of plans

    Nothing in this subchapter shall be construed to permit a State to 
have in effect with respect to any period more than one State plan 
approved under this subchapter.

(Aug. 14, 1935, ch. 531, title I, Sec. 2, 49 Stat. 620; Aug. 10, 1939, 
ch. 666, title I, Sec. 101, 53 Stat. 1360; Aug. 28, 1950, ch. 809, title 
III, pt. 1, Sec. 301(a), (b), pt. 6, Sec. 361(c), (d), 64 Stat. 548, 
558; Aug. 1, 1956, ch. 836, title III, Sec. 311(b), 70 Stat. 848; Pub. 
L. 85-840, title V, Sec. 510, Aug. 28, 1958, 72 Stat. 1051; Pub. L. 86-
778, title VI, Sec. 601(b), Sept. 13, 1960, 74 Stat. 987; Pub. L. 87-
543, title I, Secs. 106(a)(1), 157, July 25, 1962, 76 Stat. 188, 207; 
Pub. L. 89-97, title II, Sec. 221(a)(3), title IV, Sec. 403(a), July 30, 
1965, 79 Stat. 357, 418; Pub. L. 90-248, title II, Secs. 210(a)(1), 
213(a)(1), Jan. 2, 1968, 81 Stat. 895, 898; Pub. L. 92-603, title IV, 
Secs. 405(a), 406(a), 407(a), 410(a), 413(a), Oct. 30, 1972, 86 Stat. 
1488, 1489, 1491, 1492; Pub. L. 97-35, title XXI, Sec. 2184(a)(3), Aug. 
13, 1981, 95 Stat. 816; Pub. L. 98-369, div. B, title VI, Sec. 2651(e), 
July 18, 1984, 98 Stat. 1149.)

                            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

    1984--Subsec. (a)(11). Pub. L. 98-369 added par. (11).
    1981--Subsec. (a). Pub. 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). Pub. L. 92-603, Sec. 410(a), inserted ``except 
to the extent permitted by the Secretary with respect to services'' 
before ``provide''.
    Subsec. (a)(4). Pub. L. 92-603, Sec. 407(a), designated existing 
provisions as cl. (A) and added cl. (B).
    Subsec. (a)(7). Pub. L. 92-603, Sec. 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). Pub. L. 92-603, Sec. 405(a), inserted provision 
relating to use of whatever internal organizational arrangement found 
appropriate.
    Subsec. (b). Pub. L. 92-603, Sec. 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). Pub. L. 90-248, Sec. 210(a)(1), designated 
existing provisions as subpar. (A) and added subpar. (B).
    Subsec. (a)(10)(A)(i). Pub. L. 90-248, Sec. 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). Pub. L. 89-97, Sec. 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). Pub. L. 89-97, Sec. 221(a)(3), added pars. 
(12) and (13).
    1962--Subsec. (a)(10)(A). Pub. L. 87-543 inserted ``as well as any 
expenses reasonably attributable to the earning of any such income'' and 
exception provision.
    1960--Subsec. (a). Pub. 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. (b). Pub. L. 86-778 amended subsec. (b) 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). Pub. L. 86-778 added subsec. (c).
    1958--Subsec. (a)(11). Pub. 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).


                    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

    Section 210(b) of Pub. L. 90-248 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 [subchapter] I, X, XIV, XVI, or XIX, or part A of title IV 
[of this chapter]) on the date as of which the modification of the State 
plan to comply with such amendment is approved.''


                    Effective Date of 1965 Amendment

    Section 221(e) of Pub. L. 89-97 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 [subchapter I, 
X, XIV, or XVI of this chapter].''
    Section 403(a) of Pub. L. 89-97 provided that the amendment made by 
that section is effective Oct. 1, 1965.


                    Effective Date of 1962 Amendment

    Section 202(a) of Pub. L. 87-543 provided that: ``The amendments 
made by sections 102(b)(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 Pub. L. 86-778 effective Oct. 1, 1960, see section 604 
of Pub. L. 86-778, set out as a note under section 301 of this title.


                    Effective Date of 1958 Amendment

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


                    Effective Date of 1956 Amendment

    Section 314 [315] of act Aug. 1, 1956, provided that: ``The 
amendments made by sections 311(b), 312(b), 313(b), and 314(b) [amending 
this section and sections 602, 1202, and 1352 of this title] shall 
become effective July 1, 1957.''


                    Effective Date of 1950 Amendment

    Section 301(c) of act Aug. 28, 1950, provided that: ``The amendments 
made by subsections (a) and (b) [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

    Section 306 of Pub. L. 92-603 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 
[subchapter I, X, XIV, or XVI of this chapter], 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 [subchapter II of this chapter] 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).''

                  Section Referred to in Other Sections

    This section is referred to in sections 304, 306, 1202, 1315, 1352, 
4728 of this title; title 25 sections 683, 686, 689, 996.
