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U.S. Code as of:
01/19/04
Section 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.
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