42 U.S. Code § 303

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42 U.S. Code § 303 - Payments to States and certain territories; computation of amount; eligibility of State to receive payment | U.S. Co…

42 U.S. Code § 303 - Payments to States and certain
territories; computation of amount; eligibility of State to
receive payment
U.S. Code

Notes

(a) C
From the sums appropriated therefor, the Secretary of the Treasury
shall pay to each State which has a plan approved under this
subchapter, for each quarter, beginning with the quarter commencing
October 1, 1960—
(1) Repealed. Pub. L. 97–35, title XXI, § 2184(a)(4)(A), Aug. 13, 1981,
95 Stat. 816.
(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 old-age assistance 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 old-age assistance for
such month; plus
(3) Repealed. Pub. L. 97–35, title XXI, § 2184(a)(4)(A), Aug. 13, 1981,
95 Stat. 816.
(4) 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) M
The method of computing and paying such amounts shall be as
follows:

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42 U.S. Code § 303 - Payments to States and certain territories; computation of amount; eligibility of State to receive payment | U.S. Co…

(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), 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 such subsection, 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 aged
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) 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 any
prior quarter by the State or any political subdivision thereof with
respect to assistance 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.

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42 U.S. Code § 303 - Payments to States and certain territories; computation of amount; eligibility of State to receive payment | U.S. Co…

(Aug. 14, 1935, ch. 531, title I, § 3, 49 Stat. 621; Aug. 10, 1939, ch. 666,
title I, § 102, 53 Stat. 1361; 1940 Reorg. Plan No. III, § 1(a)(1), eff. June 30,
1940, 5 F.R. 2107, 54 Stat. 1231; Aug. 10, 1946, ch. 951, title V, § 501, 60
Stat. 991; June 14, 1948, ch. 468, § 3(a), 62 Stat. 439; Aug. 28, 1950, ch.
809, title III, pt. 1, § 302(a), pt. 6, § 361(c), (d), 64 Stat. 548, 558; July 18,
1952, ch. 945, § 8(a), 66 Stat. 778; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr.
11, 1953, 18 F.R. 2053, 67 Stat. 631; Sept. 1, 1954, ch. 1206, title III, § 303,
68 Stat. 1097; Aug. 1, 1956, ch. 836, title III, §§ 301, 311(c), 341, 70 Stat.
846, 848, 852; Pub. L. 85–840, title V, § 501, Aug. 28, 1958, 72 Stat. 1047;
Pub. L. 86–778, title VI, § 601(c), (d), Sept. 13, 1960, 74 Stat. 989, 990;
Pub. L. 87–31, § 5(a), (b), May 8, 1961, 75 Stat. 77; Pub. L. 87–64, title III,
§ 303(a), June 30, 1961, 75 Stat. 143; Pub. L. 87–543, title I, §§ 101(a)(1),
(b)(1), 132(a), July 25, 1962, 76 Stat. 173, 179, 193; Pub. L. 89–97, title I,
§ 122, title II, § 221(a)(4), title IV, § 401(a), July 30, 1965, 79 Stat. 353, 357,
414; Pub. L. 90–248, title II, § 212(a), Jan. 2, 1968, 81 Stat. 897; Pub. L. 92–
512, title III, § 301(b), (d), Oct. 20, 1972, 86 Stat. 946, 947; Pub. L. 93–647,
§§ 3(e)(2), 5(a), Jan. 4, 1975, 88 Stat. 2349, 2350; Pub. L. 96–88, title V,
§ 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–35, title XXI, § 2184(a)(4),
title XXIII, § 2353(a), Aug. 13, 1981, 95 Stat. 816, 871; Pub. L. 99–603, title
I, § 121(b)(4), Nov. 6, 1986, 100 Stat. 3391; Pub. L. 103–66, title XIII,
§ 13741(b), Aug. 10, 1993, 107 Stat. 663; Pub. L. 108–271, § 8(b), July 7,
2004, 118 Stat. 814.)

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