mining need, take into consideration any other income and resources of an individual claiming aid to the permanently and totally disabled, as well as any expenses reasonably attributable to the earning of such income; except that, in making such determination, (A) the State agency may disregard not more than $7.50 of any income, (B) of the first $80 per month of additional income which is earned the State agency may disregard not more than the first $20 thereof plus one-half of the remainder, and (C) the State agency may, for a period not in excess of 36 months, disregard such additional amounts of other income and resources, in the case of an individual who has a plan for achieving self-support approved by the State agency, as may be necessary for the fulfillment of such plan, but only with respect to the part or parts of such period during substantially all of which he is actually undergoing vocational rehabilitation; (9) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) to public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan; (10) provide that all individuals wishing to make application for aid to the permanently and totally disabled shall have opportunity to do so, and that aid to the permanently and totally disabled shall be furnished with reasonable promptness to all eligible individuals; (11) effective July 1, 1953, provide, if the plan includes payments to individuals in private or public institutions, for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for such institutions; and (12) provide a description of the services (if any) which the State agency makes available (using whatever internal organizational arrangement it finds appropriate for this purpose) to applicants for and recipients of aid to the permanently and totally disabled to help them attain self-support or self-care, including a description of the steps taken to assure, in the provision of such services, maximum utilization of other agencies providing similar or related services. (b) The Secretary shall approve any plan which fufills the conditions specified in subsection (a) of this section, except that he shall not approve any plan which imposes, as a condition of eligibility for aid to the permanently and totally disabled under the plan At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this subchapter. (As amended Oct. 30, 1972, Pub. L. 92-603, title IV, §§ 405 (c), 406(c), 407(c), 410 (c), 413(c), 86 Stat. 1488, 1489, 1491, 1492.) REPEAL OF SECTION EFFECTIVE JANUARY 1, 1974 Pub. L. 92-603, title III, § 303 (a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective January 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands. AMENDMENTS 1972-Subsec. (a)(1). Pub. L. 92-603, § 410(c), added "except to the extent permitted by the Secretary with respect to services" preceding "provide". Subsec. (a) (4). Pub. L. 92-603, § 407 (c), designated existing provisions as cl. (A) and added cl. (B). Subsec. (a) (9). Pub. L. 92-603, § 413(c), substituted provisions permitting the use or disclosure of information concerning applicants or recipients to public officials requiring such information in connection with their official duties and to other persons for purposes directly connected with the administration of the State plan, for provisions restricting the use or disclosure of such information to purposes directly connected with the administration of aid to the permanently and totally disabled. Subsec. (a) (12). Pub. L. 92-603, § 405(c), added provision relating to the use of whatever internal organizational arrangement found appropriate. Subsec. (b). Pub. L. 92-603, § 406(c), added provision relating to the furnishing of manuals and other policy issuances to persons without charge and at the option of the State. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1382a of this title. § 1353. Payments to States; computation of amounts. (a) From the sums appropriated therefor, the Secretary of the Treasury shall (subject to section 1320b of this title) 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— (3) in the case of any State whose State plan approved under section 1352 of this title meets the requirements of subsection (c) (1) of this section, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health, Education, and Welfare for the proper and efficient administration of the State plan The service referred to in subparagraphs (A) and (B) shall, except to the extent specified by the Secretary, include only (E) under conditions which shall be prescribed by the Secretary, services which in the judgment of the State agency cannot be as economically or as effectively provided by the staff of such State or local agency and are not otherwise reasonably available to individuals in need of them, and which are provided, pursuant to agreement with the State agency, by the State health authority or the State agencies administering or supervising the administration of the State plan for vocational rehabilitation services approved under the Vocational Rehabilitation Act or by any other State agency which the Secretary may determine to be appropriate (whether provided by its staff or by contract with public (local) or nonprofit agencies); (As amended Oct. 20, 1972, Pub. L. 92-512, title III, § 301 (b), (d), 86 Stat. 946, 947.) REPEAL OF SECTION EFFECTIVE JANUARY 1, 1974 Pub. L. 92-603, title III, § 303 (a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective January 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands. REFERENCES IN TEXT The Vocational Rehabilitation Act, referred to in subsec. (a) (3) (D), (E), which was classified to section 31 et seq. of title 29, was repealed by section 500 (a) of the Rehabilitation Act of 1973, Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 357. Such section 500, classified to section 790 of title 29, provides in part that references to the Vocational Rehabilitation Act in any other provision of law shall be deemed to be references to the Rehabilitation Act of 1973, section 701 et seq. of title 29. AMENDMENTS 1972 Subsec. (a). Pub. L. 92-512, § 301 (d), substituted "shall (subject to section 1320b of this title) pay" for "shall pay" in the provisions preceding par. (1). Subsec. (a) (3) (E). Pub. L. 92-512, § 301(b), substituted "under conditions which shall be" for "subject to limitations". EFFECTIVE DATE OF 1972 AMENDMENT Amendment of text prec. par. (1) of subsec. (a) and subsec. (a) (3) (E) of this section by Pub. L. 92-512 effective July 1, 1972, and Jan. 1, 1973, respectively, see section 301(e) of Pub. L. 92-512, set out as a note under section 1320b of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1320b of this title. § 1354. Operation of State plans. REPEAL OF SECTION EFFECTIVE JANUARY 1, 1974 Pub. L. 92-603, title III, § 303 (a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective January 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands. § 1355. Definitions. For the purposes of this subchapter, the term "aid to the permanently and totally disabled" means money payments to, or (if provided in or after the third month before the month in which the recipient makes application for aid) medical care in behalf of, or any type of remedial care recognized under State law in behalf of, 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 instituton 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 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. (As amended Oct. 30, 1972, Pub. L. 92-603, title IV, §§ 408 (c), 409 (c), 86 Stat. 1490, 1491.) REPEAL OF SECTION EFFECTIVE JANUARY 1, 1974 Pub. L. 92-603, title III, § 303 (a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective January 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands. AMENDMENTS 1972-Pub. L. 92-603 authorized the State, at its option, to include within the term "aid to the permanently and totally disabled" provisions relating to money payments to an individual absent from such State for more than 90 consecutive days, and provisions relating to rent payments made directly to a public housing agency. SUBCHAPTER XVI-SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED [NEW] SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 401, 602, 802, E03, 1306a, 1382, 1382c, 1395z of this title; title 7 sections 1431, 2012; title 29 section 981. § 1381. Statement of purpose; authorization of appropriations. For the purpose of establishing a national program to provide supplemental security income to individuals who have attained age 65 or are blind or disabled, there are authorized to be appropriated sums sufficient to carry out this subchapter. (Aug. 14, 1935, ch. 531, title XVI, § 1601, as added Oct. 30, 1972, Pub. L. 92-603, title III, § 301, 86 Stat. 1465.) CODIFICATION A prior section 1381, act Aug. 14, 1935, ch. 531, title XVI, § 1601, as added July 25, 1962, Pub. L. 87-543, title I, § 141(a), 76 Stat. 197, authorized appropriations for grants to States for aid to the aged, blind, or disabled, and for medical assistance for the aged. See section 801 of this title. EFFECTIVE DATE Section 301 of Pub. L. 92-603 provided in part that this section is to take effect Jan. 1, 1974. CONTINUATION OF FEDERAL FINANCIAL PARTICIPATION IN EXPERIMENTAL, PILOT, Or DemonstrATION PROJECTS APPROVED BEFORE OCT. 1973, FOR PERIOD ON-AND-AFTER DEC. 31, 1973, WITHOUT DENIAL OR REDUCTION ON ACCOUNT OF SUBCHAPTER XVI PROVISIONS; WAIVER OF SUBCHAPTER XVI RESTRICTIONS FOR INDIVIDUALS; FEDERAL PAYMENTS OF NON-FEDERAL SHARE AS SUPPLEMENTARY PAYMENTS Subchapter provisions without effect on Federal Financial Participation in Experimental, Pilot or Demonstration Projects approved before Oct. 1, 1973, for period on-and-after Dec. 31, 1973, see section 11 of Pub. L. 92-233, Dec. 31, 1973, 87 Stat. 958, set out as a note under section 1315 of this title. PUERTO RICO, GUAM, AND THE VIRGIN ISLANDS Enactment of provisions of Pub. L. 92-603, eff. Jan. 1. 1974, not applicable to Puerto Rico, Guam, and the Virgin Islands, see section 303 (b) of Pub. L. 92-603, set out as a note under section 301 of this title. PAYMENTS UNDER CHAPTER PROVISIONS IN EFFECT BEFORE JAN. 1, 1974, FOR: ACTIVITIES CARRIED OUT THROUGH DEC. 31, 1973, UNDER STATE PLANS APPROVED UNDER SUBCHAPTER I, X, XIV, OR XVI PROVISIONS; AND FOR ADMINISTRATIVE ACTIVITIES AFTER JAN. 1, 1974, CLOSING OUT SUCH ACTIVITIES Pub. L. 93-233, § 19 (b), Dec. 31, 1973, 87 Stat. 974, provided that: "Notwithstanding the provisions of section 301 of the Social Security Amendments of 1972 [enacting this subchapter], the Secretary of Health, Education, and Welfare shall make payments to the 50 States and the District of Columbia after December 31, 1973, in accordance with the provisions of the Social Security Act [this chapter] as in effect prior to January 1, 1974, for (1) activities carried out through the close of December 31, 1973, under State plans approved under title [subchapter] I, X, XIV, or XVI, of such Act [this chapter], and (2) administrative activities carried out after December 31, 1973, which such Secretary determines are necessary to bring to a close activities carried out under such State plans." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 401 of this title. § 1381a. Basic entitlement to benefits. Every aged, blind, or disabled individual who is determined under part A to be eligible on the basis of his income and resources shall, in accordance with and subject to the provisions of this subchapter, be paid benefits by the Secretary of Health, Education, and Welfare. (Aug. 14, 1935, ch. 531, title XVI, § 1602, as added Oct. 30, 1972, Pub. L. 92-603, title III, § 301, 86 Stat. 1465.) CODIFICATION A prior section 1602 of act Aug. 14, 1935, ch. 531, title XVI, as added July 25, 1962, Pub. L. 87-543, title I, § 141(a), 76 Stat. 198, and amended Oct. 13, 1964, Pub. L. 88-650, § 5(b), 78 Stat. 1078; July 30, 1965, Pub. L. 89-97, title II, § 221(d) (3), title IV, § 403 (e), 79 Stat. 358, 418; Jan. 2, 1968, Pub. L. 90-248, title II, §§ 210(a) (5), 213(a) (4), 241(d), 81 Stat. 896, 898, 917, formerly classified to section 1382 of this title, set forth the required contents of state plans for aid to the aged, blind, or disabled, and for medical assistance for the aged. See section 802 of this title. EFFECTIVE Date Section 301 of Pub. L. 92-603 provided in part that this section is to take effect Jan. 1, 1974. PUERTO RICO, GUAM, AND THE VIRGIN ISLANDS Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not applicable to Puerto Rico, Guam, and the Virgin Islands, see section 303(b) of Pub. L. 92-603, set out as a note under section 301 of this title. PART A.-DETERMINATION OF BENEFITS PART REFERRED TO IN OTHER SECTIONS This part is referred to in section 1381a of this title. § 1382. Eligibility for benefits. (a) Definition of eligible individual. (1) Each aged, blind, or disabled individual who does not have an eligible spouse and (A) whose income, other than income excluded pursuant to section 1382a (b) of this title, is at a rate of not more than $1,752 for the calendar year 1974 or any calendar year thereafter, and (B) whose resources, other than resources excluded pursuant to section 1382b(a) of this title, are not more than (i) in case such individual has a spouse with whom he is living, $2,250, or (ii) in case such individual has no spouse with whom he is living, $1,500, shall be an eligible individual for purposes of this subchapter. (2) Each aged, blind, or disabled individual who has an eligible spouse and— (A) whose income (together with the income of such spouse), other than income excluded pursuant to section 1382a(b) of this title, is at a rate of not more than $2,628 for the calendar year 1974, or any calendar year thereafter, and (B) whose resources (together with the resources of such spouse), other than resources excluded pursuant to section 1382b (a) of this title, are not more than $2,250, shall be an eligible individual for purposes of this subchapter. (b) Amount of benefits. (1) The benefit under this subchapter for an individual who does not have an eligible spouse shall be payable at the rate of $1,752 for the calendar year 1974 and any calendar year thereafter, reduced by the amount of income, not excluded pursuant to section 1382a (b) of this title, of such individual. (2) The benefit under this subchapter for an individual who has an eligible spouse shall be payable at the rate of $2,628 for the calendar year 1974 and any calendar year thereafter, reduced by the amount of income, not excluded pursuant to section 1382a (b) of this title, of such individual and spouse. (c) Period for determination of benefits; redetermination of eligibility and amount of benefits; effective date of application. (1) An individual's eligibility for benefits under this subchapter and the amount of such benefits shall be determined for each quarter of a calendar year except that, if the initial application for benefits is filed in the second or third month of a calendar quarter, such determinations shall be made for each month in such quarter. Eligibility for and the amount of such benefits for any quarter shall be redetermined at such time or times as may be provided by the Secretary. (2) For purposs of this subsection an application shall be considered to be effective as of the first day of the month in which it was actually filed. (d) Limitation on amount of gross income earned; definition of gross income. The Secretary may prescribe the circumstances under which, consistently with the purposes of this subchapter, the gross income from a trade or business (including farming) will be considered sufficiently large to make an individual ineligible for benefits under this subchapter. For purposes of this subsection, the term "gross income" has the same meaning as when used in chapter 1 of Title 26, Internal Revenue Code of 1954. (e) Limitation on eligibility of certain individuals. (1) (A) Except as provided in subparagraph (B), no person shall be an eligible individual or eligible spouse for purposes of this subchapter with respect to any month if throughout such month he is an inmate of a public institution. (B) In any case where an eligible individual or his eligible spouse (if any) is, throughout any month, in a hospital, extended care facility, nursing home, or intermediate care facility receiving payments (with respect to such individual or spouse) under a State plan approved under subchapter XIX of this chapter, the benefit under this subchapter for such individual for such month shall be payable— (i) at a rate not in excess of $300 per year (reduced by the amount of any income not excluded pursuant to section 1382a (b) of this title) in the case of an individual who does not have an eligible spouse; (ii) at a rate not in excess of the sum of the applicable rate specified in subsection (b)(1) of this section and the rate of $300 per year (reduced by the amount of any income not excluded pursuant to section 1382a (b) of this title) in the case of an individual who has an eligible spouse, if only one of them is in such a hospital, home, or facility throughout such month; and (iii) at a rate not in excess of $600 per year (reduced by the amount of any income not excluded pursuant to section 1382a (b) of this title) in the case of an individual who has an eligible spouse, if both of them are in such a hospital, home, or facility throughout such month. (2) No person shall be an eligible individual or eligible spouse for purposes of this subchapter if, after notice to such person by the Secretary that it is likely that such person is eligible for any payments of the type enumerated in section 1382a (a) (2) (B) of this title, such person fails within 30 days to take all appropriate steps to apply for and (if eligible) obtain any such payments. (3) (A) No person who is an aged, blind, or disabled individual solely by reason of disability (as determined under section 1382c (a) (3) of this title) shall be an eligible individual or eligible spouse for purposes of this subchapter with respect to any month if such individual is medically determined to be a drug addict or an alcoholic unless such individual is undergoing any treatment that may be appropriate for his condition as a drug addict or alcoholic (as the case may be) at an institution or facility approved for purposes of this paragraph by the Secretary (so long as such treatment is available) and demonstrates that he is complying with the terms, conditions, and requirements of such treatment and with requirements imposed by the Secretary under subparagraph (B). (B) The Secretary shall provide for the monitoring and testing of all individuals who are receiving benefits under this subchapter and who as a condition of such benefits are required to be undergoing treatment and complying with the terms, conditions, and requirements thereof as described in subparagraph (A), in order to assure such compliance and to determine the extent to which the imposition of such requirement is contributing to the achievement of the purposes of this subchapter. The Secretary shall annually submit to the Congress a full and complete report on his activities under this paragraph. (f) Individuals outside the United States; determination of status. Notwithstanding any other provision of this subchapter, no individual shall be considered an eligible individual for purposes of this subchapter for any month during all of which such individual is outside the United States (and no person shall be considered the eligible spouse of an individual for purposes of this subchapter with respect to any month during all of which such person is outside the United States). For purposes of the preceding sentence, after an individual has been outside the United States for any period of 30 consecutive days, he shall be treated as remaining outside the United States until he has been in the United States for a period of 30 consecutive days. (g) Individuals deemed to meet resources test. In the case of any individual or any individual and his spouse (as the case may be) who (1) received aid or assistance for December 1973 under a plan of a State approved under subchapter I, X, XIV, or XVI of this chapter, (2) has, since December 31, 1973, continuously resided in the State under the plan of which he or they received such aid or assistance for December 1973, and (3) has, since December 31, 1973, continuously been (except for periods not in excess of six consecutive months) an eligible individual or eligible spouse with respect to whom supplemental security income benefits are payable, the resources of such individual or such individual and his spouse (as the case may be) shall be deemed not to exceed the amount specified in subsections (a) (1) (B) and (a) (2) (B) of this section during any period that the resources of such individual or individuals and his spouse (as the case may be) does not exceed the maximum amount of resources specified in the State plan, as in effect for October 1972, under which he or they received such aid or assistance for December 1973. (h) Individuals deemed to meet income test. In determining eligibility for, and the amount of, benefits payable under this section in the case of any individual or any individual and his spouse (as the case may be) who (1) received aid or assistance for December 1973 under a plan of a State approved under subchapter X or XVI of this chapter, (2) is blind under the definition of that term in the plan, as in effect for October 1972, under which he or they received such aid or assistance for December 1973, (3) has, since December 31, 1973, continuously resided in the State under the plan of which he or they received such aid or assistance for December 1973, and (4) has, since December 31, 1973, continuously been (except for periods not in excess of six consecutive months) an eligible individual or an eligible spouse with respect to whom supplemental security income benefits are payable, there shall be disregarded an amount equal to the greater of (A) the maximum amount of any earned or unearned income which could have been disregarded under the State plan, as in effect for Octo ber 1972, under which he or they received such aid or assistance for December 1973, and (B) the amount which would be required to be disregarded under section 1382a of this title without application of this subsection. (Aug. 14, 1935, ch. 531, title XVI, § 1611, as added Oct. 30, 1972, Pub. L. 92-603, title III, § 301, 86 Stat. 1466, and amended July 9, 1973, Pub. L. 9366, title II, § 210(a), (b), 87 Stat. 154; Dec. 31, 1973, Pub. L. 93-233, §§ 4(b) (1), (2), 18(d), (e), 87 Stat. 953, 968.) CODIFICATION A prior section 1382, act Aug. 14, 1935, ch. 531, title XVI, § 1602, as added July 25, 1962, Pub. L. 87-543, title I, § 141(a), 76 Stat. 198, and amended Oct. 13, 1964, Pub. L. 88-650, § 5(b), 78 Stat. 1078; July 30, 1965, Pub. L. 89-97, title II, § 221(d) (3), title IV, § 403 (e), 79 Stat. 358, 418; Jan. 2, 1968, Pub. L. 90-248, title II, §§ 210(a) (5), 213 (a) (4), 241 (d), 81 Stat. 896, 898, 917; Oct. 30, 1972, Pub. L. 92-603, title IV, §§ 405 (d), 406(d), 407 (d), 410(d), 413(d), 86 Stat. 1488, 1489, 1491, 1492, set forth the required contents of state plans for aid to the aged, blind, or disabled, and for medical assistance for the aged. See section 802 of this title. AMENDMENTS 1973 Subsec. (a) (1) (A). Pub. L. 93-233, § 4(b) (1), substituted "$1,752" for "$1,680". Pub. L. 93-66, § 210(a), substituted "$1,680" for "$1,560". Subsec. (a) (2) (A). Pub. L. 93-233, § 4(b)(2), substituted "$2,628" for "$2,520". Pub. L. 93-66, § 210(b), substituted "$2,520" for "$2,340". Subsec. (b)(1). Pub. L. 93-233, § 4(b) (1), substituted "$1,752" for "$1,680". Pub. L. 93-66, § 210(a), substituted "$1,680" for "$1,560". Subsec. (b)(2). Pub. L. 93-233, § 4(b)(2), substituted "$2,628" for "$2,520". Pub. L. 93-66, § 210(b), substituted “$2,520" for "$2,340". Subsec. (g). Pub. L. 93-233, § 18(d), incorporated existing provisions in text designated as cl. (1), added cls. (2) and (3), and substituted final December "1973" for "1972". Subsec. (h). Pub. L. 93-233, § 18(e), incorporated existing text in provisions designated as cls. (1) and (2), added cls. (3) and (4), redesignated former cls. (1) and (2) as items (A) and (B), and in item (A) inserted phrase "under which he or they received such aid or assistance for December 1973" EFFECTIVE DATE OF 1973 AMENDMENTS Section 4(b) of Pub. L. 93-233 provided that amendment of subsecs. (a) (1) (A) and (b) (1) by section 4(b) (1), of subsecs. (a) (2) (A) and (b)(2) by section 4(b) (2), and of provisions set out as a note hereunder by section 4(b) (3) of Pub. L. 93-233, shall be effective with respect to payments for months after June 1974. Section 210(c) of Pub. L. 93-66, as amended Pub. L. 93-233, § 4(a) (1), Dec. 31, 1973, 87 Stat. 953 provided "The amendments [of subsecs. (a) (1) (A), (2) (A) and (b) (1), of this section] made by this section shall apply with respect to payments for months after December 1973." EFFECTIVE DATE Section 301 of Pub. L. 92-603 provided in part that this section is to take effect Jan. 1, 1974. FEDERAL PROGRAM OF SUPPLEMENTAL SECURITY INCOME; SupPLEMENTAL SECURITY INCOME BENEFITS FOR ESSENTIAL PERSONS; DEFINITIONS OF QUALIFIED INDIVIDUAL AND ESSENTIAL PERSON Section 211 of Pub. L. 93-66, as amended Pub. L. 93-233, § 4(a)(2), (b) (3), Dec. 31, 1973, 87 Stat. 953, provided that: "(a) (1) In determining (for purposes of title XVI of the Social Security Act [this subchapter], as in effect after December 1973) the eligibility for and the amount of the supplemental security income benefit payable to any qualified individual (as defined in subsection (b)), with respect to any period for which such individual has in his home an essential person (as defined in subsection (c))— "(A) the dollar amounts specified in subsection (a) (1)(A) and (2)(A), and subsection b(1) and (2), of section 1611 of such Act [this section], shall each be increased by $840 for each such essential person, and "(B) the income and resources of such individual shall (for purposes of such title XVI [this subchapter]) be deemed to include the income and resourses of such essential person; except that the provisions of this subsection shall not, in the case of any individual, be applicable for any period which begins in or after the first month that such individual "(C) does not but would (except for the provisions of subparagraph (B)) meet "(i) the criteria established with respect to income in section 1611(a) of such Act [subsec. (a) of this section], or "(ii) the criteria established with respect to resources by such section 1611(a) [subsec. (a) of this section] (or, if applicable, by section 1611(g) of such Act [subsec. (g) of this section]). "(2) The provisions of section 1611(g) of the Social Security Act [subsec. (g) of this section] (as in effect after December 1973) shall, in the case of any qualified individual (as defined in subsection (b)), be applied so as to include, in the resources of such individual, the resources of any person (described in subsection (b) (2)) whose needs were taken into account in determining the need of such individual for the aid or assistance referred to in subsection (b) (1). "(b) For purposes of this section, an individual shall be a 'qualified individual' only if "(1) for the month of December 1973 such individual was a recipient of aid or assistance under a State plan approved under title [subchapter] I, X, XIV, or XVI of the Social Security Act [this chapter], and "(2) in determining the need of such individual for such aid or assistance for such month under such State plan, there were taken into account the needs of a person (other than such individual) who "(A) was living in the home of such individual, and "(B) was not eligible (in his or her own right) for aid or assistance under such State plan for such month. "(c) The term 'essential person', when used in connection with any qualified individual, means a person who"(1) for the month of December 1973 was a person (described in subsection (b)(2)) whose needs were taken into account in determining the need of such individual for aid or assistance under a State plan referred to in subsection (b)(1) as such State plan was in effect for June 1973, "(2) lives in the home of such individual, "(3) is not eligible (in his or her own right) for supplemental security income benefits under title XVI of the Social Security Act [this subchapter] (as in effect after December 1973), and "(4) is not the eligible spouse (as that term is used in such title XVI [this subchapter]) of such individual or any other individual. If for any month after December 1973 any person fails to meet the criteria specified in paragraph (2), (3), or (4) of the preceding sentence, such person shall not, for such month or any month thereafter be considered to be an essential person." MANDATORY MINIMUM STATE SUPPLEMENTATION OF SUP PLEMENTAL SECURITY INCOME BENEFITS PROGRAM; STITUTIONAL RESTRICTION Section 212 of Pub. L. 93-66, as amended Pub. L. 93-233, § 10, Dec. 31, 1973, 87 Stat. 957 provided that: "(a) (1) In order for any State (other than the Commonwealth of Puerto Rico, Guam, or the Virgin Islands) to be eligible for payments pursuant to title XIX [subchapter XIX of this chapter], with respect to expenditures for any quarter beginning after December 1973, such State must have in effect an agreement with the Secretary of Health, Education, and Welfare (hereinafter in this section referred to as the 'Secretary') whereby the State will provide to individuals residing in the State supplementary payments as required under paragraph (2). |