[Code of Federal Regulations]

[Title 20, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR416.121]



[Page 834-835]

 

                      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.



[[Page 835]]



    (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 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]