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U.S. Code as of:
01/19/04
Section 1320b-3. Applicants or recipients under public assistance programs not to be required to make election respecting certain veterans' benefits
(a) Supplemental Security Income program
Notwithstanding any other provision of law (but subject to
subsection (b) of this section), no individual who is an applicant
for or recipient of aid or assistance under a State plan approved
under subchapter I, X, XIV, or XVI of this chapter, or of benefits
under the Supplemental Security Income program established by
subchapter XVI of this chapter shall -
(1) be required, as a condition of eligibility for (or of
continuing to receive) such aid, assistance, or benefits, to make
an election under section 306 of the Veterans' and Survivors'
Pension Improvement Act of 1978 with respect to pension paid by
the Secretary of Veterans Affairs, or
(2) by reason of failure or refusal to make such an election,
be denied (or suffer a reduction in the amount of) such aid,
assistance, or benefits.
(b) Period of effectiveness
The provisions of subsection (a) of this section shall be
applicable only with respect to an individual, who is an applicant
for or recipient of aid, assistance, or benefits described in
subsection (a) of this section, during a period with respect to
which there is in effect -
(1) in case such individual is an applicant for or recipient of
aid or assistance under a State plan referred to in subsection
(a) of this section, in the State having such plan, or
(2) in case such individual is an applicant for or recipient of
benefits under the Supplemental Security Income program
established by subchapter XVI of this chapter, in the State in
which the individual applies for or receives such benefits,
a State plan for medical assistance, approved under subchapter XIX
of this chapter, under which medical assistance is available to
such individual only for periods for which such individual is a
recipient of aid, assistance, or benefits described in subsection
(a) of this section.
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