§ 1382g.
(a)
Eligibility; agreement with Commissioner
In order for any State which makes supplementary payments of the type described in
section 1382e(a) of this title (including payments pursuant to an agreement entered into under
[section 212(a) of Public Law 93–66]), on or after
June 30, 1977, to be eligible for payments pursuant to subchapter XIX with respect to expenditures for any calendar quarter which begins—
(1)
after June 30, 1977, or, if later,
(2)
after the calendar quarter in which it first makes such supplementary payments,
such State must have in effect an agreement with the Commissioner of Social Security whereby the State will—
(3)
continue to make such supplementary payments, and
(4)
maintain such supplementary payments at levels which are not lower than the levels of such payments in effect in December 1976, or, if no such payments were made in that month, the levels for the first subsequent month in which such payments were made.
(b)
Levels of supplementary payments
(1)
The Commissioner of Social Security shall not find that a State has failed to meet the requirements imposed by paragraph (4) of subsection (a) with respect to the levels of its supplementary payments for a particular month or months if the State’s expenditures for such payments in the twelve-month period (within which such month or months fall) beginning on the effective date of any increase in the level of supplemental security income benefits pursuant to
section 1382f of this title are not less than its expenditures for such payments in the preceding twelve-month period.
(2)
For purposes of determining under paragraph (1) whether a State’s expenditures for supplementary payments in the 12-month period beginning on the effective date of any increase in the level of supplemental security income benefits are not less than the State’s expenditures for such payments in the preceding 12-month period, the Commissioner of Social Security, in computing the State’s expenditures, shall disregard, pursuant to a 1-time election of the State, all expenditures by the State for retroactive supplementary payments that are required to be made in connection with the retroactive supplemental security income benefits referred to in section 5041 of the Omnibus Budget Reconciliation Act of 1990.
(c)
Election to apply subsection (a)(4)
Any State which satisfies the requirements of this section solely by reason of subsection (b) for a particular month or months in any 12-month period (described in such subsection) ending on or after June 30, 1982, may elect, with respect to any month in any subsequent 12-month period (so described), to apply subsection (a)(4) as though the reference to December 1976 in such subsection were a reference to the month of December which occurred in the 12-month period immediately preceding such subsequent period.
(d)
Determinations respecting any portion of period July 1, 1980, through June 30, 1981
The Commissioner of Social Security shall not find that a State has failed to meet the requirements imposed by paragraph (4) of subsection (a) with respect to the levels of its supplementary payments for any portion of the period July 1, 1980, through June 30, 1981, if the State’s expenditures for such payments in that twelve-month period were not less than its expenditures for such payments for the period July 1, 1976, through June 30, 1977 (or, if the State made no supplementary payments in the period July 1, 1976, through June 30, 1977, the expenditures for the first twelve-month period extending from July 1 through June 30 in which the State made such payments).
(f)
Passthrough relating to optional State supplementation
The Commissioner of Social Security shall not find that a State has failed to meet the requirements imposed by subsection (a) with respect to the levels of its supplementary payments for the period January 1, 1984, through December 31, 1985, if in the period January 1, 1986, through December 31, 1986, its supplementary payment levels (other than to recipients of benefits determined under section 1382(e)(1)(B) of this title) are not less than those in effect in December 1976, increased by a percentage equal to the percentage by which payments under section 1382(b) of this title and [section 211(a)(1)(A) of Public Law 93–66] have been increased as a result of all adjustments under section 1382f(a) and (c) of this title which have occurred after December 1976 and before February 1986.
(g)
Mandatory pass-through of increased personal needs allowance
In order for any State which makes supplementary payments of the type described in
section 1382e(a) of this title (including payments pursuant to an agreement entered into under
[section 212(a) of Public Law 93–66]) to recipients of benefits determined under
section 1382(e)(1)(B) of this title, on or after
October 1, 1987, to be eligible for payments pursuant to subchapter XIX with respect to any calendar quarter which begins—
(1)
after October 1, 1987, or, if later
(2)
after the calendar quarter in which it first makes such supplementary payments to recipients of benefits so determined,
such State must have in effect an agreement with the Commissioner of Social Security whereby the State will—
(3)
continue to make such supplementary payments to recipients of benefits so determined, and
(4)
maintain such supplementary payments to recipients of benefits so determined at levels which assure (with respect to any particular month beginning with July 1988) that—
(A)
the combined level of such supplementary payments and the amounts payable to or on behalf of such recipients under
section 1382(e)(1)(B) of this title for that particular month,
(B)
the combined level of such supplementary payments and the amounts payable to or on behalf of such recipients under
section 1382(e)(1)(B) of this title for October 1987 (or, if no such supplementary payments were made for that month, the combined level for the first subsequent month for which such payments were made), increased—
(i)
in a case to which clause (i) of such
section 1382(e)(1)(B) of this title applies or (with respect to the individual or spouse who is in the hospital, home, or facility involved) to which clause (ii) of such section applies, by $5, and
([Aug. 14, 1935, ch. 531], title XVI, § 1618, as added [Pub. L. 94–585, § 2(a)], Oct. 21, 1976, [90 Stat. 2901]; amended [Pub. L. 97–248, title I, § 186], Sept. 3, 1982, [96 Stat. 407]; [Pub. L. 97–377, title I, § 147], Dec. 21, 1982, [96 Stat. 1917]; [Pub. L. 98–21, title IV, § 402], Apr. 20, 1983, [97 Stat. 139]; [Pub. L. 98–369, div. B, title VI, § 2663(g)(9)], July 18, 1984, [98 Stat. 1169]; [Pub. L. 99–272, title XII, § 12201(a)], Apr. 7, 1986, [100 Stat. 289]; [Pub. L. 100–203, title IX, § 9119(b)], Dec. 22, 1987, [101 Stat. 1330–309]; [Pub. L. 103–296, title I, § 107(a)(4)], title II, § 209(a), Aug. 15, 1994, [108 Stat. 1478], 1517.)
