[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR416.121]

[Page 718-719]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED--Table of Contents
 
       Subpart A--Introduction, General Provisions and Definitions
 
Sec. 416.121  Receipt of aid or assistance for December 1973 under an approved State plan under title I, X, XIV, or XVI of the Social Security Act.

    (a) Recipient of aid or assistance defined. As used in this part 
416, the term individual who was a recipient of aid or assistance for 
December 1973 under a State plan approved under title I, X, XIV, or XVI 
of the Social Security Act means an individual who correctly received 
aid or assistance under such plan for December 1973 even though such aid 
or assistance may have been received subsequent to December 1973. It 
also includes an individual who filed an application prior to January 
1974 and was otherwise eligible for aid or assistance for December 1973 
under the provisions of such State plan but did not in fact receive such 
aid or assistance. It does not include an individual who received aid or 
assistance because of the provisions of 45 CFR 205.10(a) (pertaining to 
continuation of assistance until a fair hearing decision is rendered), 
as in effect in December 1973, and with respect to whom it is 
subsequently determined that such aid or assistance would not have been 
received without application of the provisions of such 45 CFR 205.10(a).
    (b) Aid or assistance defined. As used in this part 416, the term 
aid or assistance means aid or assistance as defined in titles I, X, 
XIV, and XVI of the Social Security Act, as in effect in December 1973, 
and such aid or assistance is eligible for Federal financial 
participation in accordance with those titles and the provisions of 45 
CFR chapter II as in effect in December 1973.
    (c) Determinations of receipt of aid or assistance for December 
1973. For the purpose of application of the provisions of this part 416, 
the determination as to whether an individual was a recipient of aid or 
assistance for December 1973 under a State plan approved under title I, 
X, XIV, or XVI of the Social Security Act will be made by the Social 
Security Administration. In making such determination, the Social 
Security Administration may take into consideration a prior 
determination by the appropriate State agency as to whether the 
individual was eligible for aid or assistance for December 1973 under 
such State plan. Such prior determination, however, shall not be 
considered as conclusive in determining whether an individual was a 
recipient of aid or assistance for December 1973 under a State plan 
approved under title I, X, XIV, or XVI of the Social Security Act for 
purposes of application of the provisions of this part 416.
    (d) Special provision for disabled recipients. For purposes of 
Sec. 416.907, the criteria and definitions enumerated in paragraphs (a) 
through (c) of this section are applicable in determining

[[Page 719]]

whether an individual was a recipient of aid or assistance (on the basis 
of disability) under a State plan approved under title XIV or XVI of the 
Act for a month prior to July 1973. It is not necessary that the aid or 
assistance for December 1973 and for a month prior to July 1973 have 
been paid under the State plan of the same State.

[39 FR 32024, Sept. 4, 1974; 39 FR 33207, Sept. 16, 1974, as amended at 
51 FR 11719, Apr. 7, 1986]