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