Page:United States Statutes at Large Volume 79.djvu/459

 79 STAT. ]

PUBLIC LAW 89-97-JULY 30, 1965

419

" (A) if such individual is blind, the State agency (i) shall disregard the first $85 per month of earned income plus one-half of earned income in excess of $85 per month, and (ii) shall, for a period not in excess of 12 months, and may, for a period not m excess of 36 months, disregard such additional amounts of other income and resources, in the case of any such individual who has a plan for achieving selfsupport approved by the State agency, as may be necessary for the fulfillment of such plan, " (B) if such individual is not blind but is permanently and totally disabled, (i) of the first $80 per month of earned income, the State agency may disregard not more than the first $20 thereof plus one-half of the remainder, and (ii) 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 any such 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, " (C) if such individual has attained age 65 and is neither blind nor permanently and totally disabled, of the first $80 per month of earned income the State agency may disregard not more than the first $20 thereof plus one-half of the remainder, and " (D) the State agency may, before disregarding the amounts referred to above in this paragraph (14), disregard not more than $5 of any income; and". ADMINISTRATIVE AND JUDICIAL REVIEW OF PUBLIC ASSISTANCE DETERMINATIONS

SEC. 404. (a) Title X I of the Social Security Act is amended by adding at the end thereof the following new section:

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" ADMINISTRATIVE AND JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE DETERMINATIONS

"SEC. 1116. (a)(1) Whenever a State plan is submitted to the Secretary by a State for approval under title I, IV, X, X IV, X VI, or X IX, he shall, not later than 90 days after the date the plan is sub- ^^^ "s^^^ soi, mitted to him, make a determination as to whether it conforms to the lasi. requirements for approval under such title. The 90-day period pro- ^"^^' P- 343. vided herein may be extended by written agreement of the Secretary and the affected State. "(2) Any State dissatisfied with a determination of the Secretary under paragraph (1) with respect to any plan may, within 60 days after it has been notified of such determination, file a petition with the Secretary for reconsideration of the issue of whether such plan conforms to the requirements for approval under such title. Within 30 days after receipt of such a petition, the Secretary shall notify the State of the time and place at which a hearing will be held for the purpose of reconsidering such issue. Such hearing shall be held not less than 20 days nor more than 60 days after the date notice of such hearing is furnished to such State, unless the Secretary and such

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