Laws: Cases and Codes : U.S. Code : Title 42 : Section 303


   
U.S. Code as of: 01/19/04
Section 303. Payments to States and certain territories; computation of amount; eligibility of State to receive payment

    (a) Computation of amounts
      From the sums appropriated therefor, the Secretary of the
    Treasury shall pay to each State which has a plan approved under
    this subchapter, for each quarter, beginning with the quarter
    commencing October 1, 1960 - 
        (1) Repealed. Pub. L. 97-35, title XXI, Sec. 2184(a)(4)(A),
      Aug. 13, 1981, 95 Stat. 816.
        (2) in the case of Puerto Rico, the Virgin Islands, and Guam,
      an amount equal to one-half of the total of the sums expended
      during such quarter as old-age assistance under the State plan,
      not counting so much of any expenditure with respect to any month
      as exceeds $37.50 multiplied by the total number of recipients of
      old-age assistance for such month; plus
        (3) Repealed. Pub. L. 97-35, title XXI, Sec. 2184(a)(4)(A),
      Aug. 13, 1981, 95 Stat. 816.
        (4) in the case of any State, an amount equal to 50 percent of
      the total amounts expended during such quarter as found necessary
      by the Secretary for the proper and efficient administration of
      the State plan.
    (b) Method of computing and paying amounts
      The method of computing and paying such amounts shall be as
    follows:
        (1) The Secretary of Health and Human Services shall, prior to
      the beginning of each quarter, estimate the amount to be paid to
      the State for such quarter under the provisions of subsection (a)
      of this section, such estimate to be based on (A) a report filed
      by the State containing its estimate of the total sum to be
      expended in such quarter in accordance with the provisions of
      such subsection, and stating the amount appropriated or made
      available by the State and its political subdivisions for such
      expenditures in such quarter, and if such amount is less than the
      State's proportionate share of the total sum of such estimated
      expenditures, the source or sources from which the difference is
      expected to be derived, (B) records showing the number of aged
      individuals in the State, and (C) such other investigation as the
      Secretary of Health and Human Services may find necessary.
        (2) The Secretary of Health and Human Services shall then
      certify to the Secretary of the Treasury the amount so estimated
      by the Secretary of Health and Human Services, (A) reduced or
      increased, as the case may be, by any sum by which he finds that
      his estimate for any prior quarter was greater or less than the
      amount which should have been paid to the State under subsection
      (a) of this section for such quarter, and (B) reduced by a sum
      equivalent to the pro rata share to which the United States is
      equitably entitled, as determined by the Secretary of Health and
      Human Services, of the net amount recovered during any prior
      quarter by the State or any political subdivision thereof with
      respect to assistance furnished under the State plan; except that
      such increases or reductions shall not be made to the extent that
      such sums have been applied to make the amount certified for any
      prior quarter greater or less than the amount estimated by the
      Secretary of Health and Human Services for such prior quarter:
      Provided, That any part of the amount recovered from the estate
      of a deceased recipient which is not in excess of the amount
      expended by the State or any political subdivision thereof for
      the funeral expenses of the deceased shall not be considered as a
      basis for reduction under clause (B) of this paragraph.
        (3) The Secretary of the Treasury shall thereupon, through the
      Fiscal Service of the Treasury Department and prior to audit or
      settlement by the General Accounting Office, pay to the State, at
      the time or times fixed by the Secretary of Health and Human
      Services, the amount so certified.



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