
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: 42USC306]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
          SUBCHAPTER I--GRANTS TO STATES FOR OLD-AGE ASSISTANCE
 
Sec. 306. Definitions

    (a) For the purposes of this subchapter, the term ``old-age 
assistance'' means money payments to, or (if provided in or after the 
third month before the month in which the recipient makes application 
for assistance) medical care in behalf of or any type of remedial care 
recognized under State law in behalf of, needy individuals who are 65 
years of age or older, 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). 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 
302 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 assistance 
    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 old-age assistance to be paid 
    (and in conjunction with other income and resources), meet all the 
    need of the individuals with respect to whom such payments are made;
        (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 assistance under 
such plan.
    (b), (c) Repealed. Pub. L. 97-35, title XXI, Sec. 2184(a)(5), Aug. 
13, 1981, 95 Stat. 817.

(Aug. 14, 1935, ch. 531, title I, Sec. 6, 49 Stat. 622; Aug. 10, 1939, 
ch. 666, title I, Sec. 103, 53 Stat. 1362; Aug. 28, 1950, ch. 809, title 
III, pt. 1, Sec. 303(a), 64 Stat. 549; Pub. L. 86-778, title VI, 
Sec. 601(f), Sept. 13, 1960, 74 Stat. 991; Pub. L. 87-543, title I, 
Sec. 156(a), July 25, 1962, 76 Stat. 207; Pub. L. 89-97, title II, 
Secs. 221(a)(1), (2), 222(a), title IV, Sec. 402(a), July 30, 1965, 79 
Stat. 356, 360, 415; Pub. L. 92-603, title IV, Secs. 408(a), 409(a), 
Oct. 30, 1972, 86 Stat. 1489, 1490; Pub. L. 97-35, title XXI, 
Sec. 2184(a)(5), 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--Subsecs. (b), (c). Pub. L. 97-35 struck out subsecs. (b) and 
(c) which defined ``medical assistance for the aged'' and ``Federal 
medical percentage'', respectively.
    1972--Subsec. (a). Pub. L. 92-603 authorized the State, at its 
option, to include within term ``old-age assistance'' 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--Subsec. (a). Pub. L. 89-97, Sec. 221(a)(1), struck out from 
definition of ``old-age assistance'' the exclusion of (1) payments to or 
medical care in behalf of any individual who is a patient in an 
institution for tuberculosis or mental diseases, or (2) payments to any 
individual who has been diagnosed as having tuberculosis or psychosis 
and is a patient in a medical institution as a result thereof, or (3) 
medical care in behalf of any individual, who is a patient in a medical 
institution as a result of a diagnosis that he has tuberculosis or 
psychosis, with respect to any period after the individual has been a 
patient in such an institution, as a result of such diagnosis, for 
forty-two days.
    Pub. L. 89-97, Sec. 402(a), extended definition of ``old-age 
assistance'' to include payments made on behalf of the recipient to an 
individual who (as determined in accordance with the standards 
prescribed by the Secretary) is interested in or concerned with the 
welfare of the recipient and inserted an enumeration of 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, special efforts to protect welfare, periodic 
review, and opportunity for fair hearing.
    Subsec. (b). Pub. L. 89-97, Secs. 221(a)(2), 222(a), struck out from 
provision at end of cl. (12) excluding certain payments from definition 
of ``medical assistance for the aged'' payments with respect to care or 
services for any individual who is a patient in an institution for 
tuberculosis or mental diseases or for any individual who is a patient 
in a medical institution as a result of a diagnosis of tuberculosis or 
psychosis, with respect to any period after the individual has been a 
patient in such an institution, for forty-two days and inserted in text 
preceding cl. (1) ``(except, for any month, for recipients of old-age 
assistance who are admitted to or discharged from a medical institution 
during such month)'' after ``who are not recipients of old-age 
assistance'', respectively.
    1962--Subsec. (a). Pub. L. 87-543, Sec. 156(a)(1), inserted ``(if 
provided in or after the third month before the month in which the 
recipient makes application for assistance)'' before ``medical care''.
    Subsec. (b). Pub. L. 87-543, Sec. 156(a)(2), inserted ``(if provided 
in or after the third month before the month in which the recipient 
makes application for assistance)'' after ``care and services''.
    1960--Subsec. (a). Pub. L. 86-778, Sec. 601(f)(1), (2), designated 
existing provisions as subsec. (a) and inserted provisions excluding 
from definition of ``old-age assistance'' any care in behalf of any 
individual, who is a patient in a medical institution as a result of a 
diagnosis that he has tuberculosis or psychosis, with respect to any 
period after the individual has been a patient in an institution, as a 
result of such diagnosis, for forty-two days.
    Subsecs. (b), (c). Pub. L. 86-778, Sec. 601(f)(2), added subsecs. 
(b) and (c).
    1950--Act Aug. 28, 1950, redefined ``old-age assistance''.
    1939--Act Aug. 10, 1939, inserted ``needy'' before ``individuals 
who''.


                    Effective Date of 1965 Amendment

    Amendment by section 221 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.
    Section 222(c) of Pub. L. 89-97 provided that: ``The amendments made 
by this section [amending this section and section 1385 of this title] 
shall apply in the case of expenditures under a State plan approved 
under title I or XVI of the Social Security Act [subchapter I or XVI of 
this chapter] with respect to care and services provided under such plan 
after June 1965.''
    Section 402(e) of Pub. L. 89-97 provided that: ``The amendments made 
by this section [amending this section and sections 1206, 1355, 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].''


                    Effective Date of 1962 Amendment

    Section 156(e) of Pub. L. 87-543 provided that: ``The amendments 
made by this section [amending this section and sections 606, 1206, and 
1355 of this title] shall apply in the case of applications made after 
September 30, 1962, under a State plan approved under title I, IV, X, or 
XIV of the Social Security Act [subchapter I, IV, X, or XIV of this 
chapter].''


                    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 1950 Amendment

    Section 303(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 6 of the Social 
Security Act as so amended [clauses (a) or (b) of this section] shall, 
in the case of any of such individuals who are not patients in a public 
institution, be effective July 1, 1952.''
