42 U.S.C. § 1355 : US Code - Section 1355: Definitions

Search 42 U.S.C. § 1355 : US Code - Section 1355: Definitions

For the purposes of this subchapter, the term "aid to the
permanently and totally disabled" means money payments to needy
individuals eighteen years of age or older who are permanently and
totally disabled, 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) or any
individual who is a patient in an institution for tuberculosis or
mental diseases. 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 1352 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 aid 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 aid to the permanently and
totally disabled to be paid (and in conjunction with other income
and resources), meet all the need (!1) 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) 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) 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 ninety 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 thirty consecutive days
in the case of such an individual who has maintained his residence
in such State during such period or ninety 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 aid under such
plan.