42 U.S.C. § 1353 : US Code - Section 1353: Payments to States

Search 42 U.S.C. § 1353 : US Code - Section 1353: Payments to States

(a) From the sums appropriated therefor, the Secretary of the
Treasury shall pay to each State which has an approved plan for aid
to the permanently and totally disabled, for each quarter,
beginning with the quarter commencing October 1, 1958 -
(1) Repealed. Pub. L. 97-35, title XXI, Sec. 2184(c)(2)(A),
Aug. 13, 1981, 95 Stat. 817.
(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 aid to the permanently and totally
disabled 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 aid to the
permanently and totally disabled for such month; and
(3) 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) 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
subsection (a) of this section, 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 permanently and totally disabled
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 a prior
quarter by the State or any political subdivision thereof with
respect to aid to the permanently and totally disabled 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 Government Accountability Office, pay to the
State, at the time or times fixed by the Secretary of Health and
Human Services, the amount so certified.