Page:United States Statutes at Large Volume 87.djvu/188

 156

PUBLIC LAW 93-66-JULY 9, 1973

[87 STAT.

shall (except as provided in subparagraph (D)) be an amount equal to (i) the amount by which such individual's "December 1973 income" (as determined under subparagraph (B)) exceeds the amount of such individual's "title X VI benefit plus other income" (as determined under subparagraph (C)) for such month, or (ii) if greater, such amount as the State may specify. (B) For purposes of subparagraph (A), an individual's "December 1973 income" means an amount equal to the aggregate of— (i) the amount of the aid or assistance (in the form of money payments) which such individual would have received (including any part of such amount which is attributable to meeting the needs of any other person whose presence in such individual's home is essential to such individual's well-being) for the month of December 1973 under a plan (approved under title I, X, X IV, or X VI, ^^86 Stat. 1484, ^f ^j^g Social Security Act) of the State entering into an agree42 USC 301, ment under this subsection, if the terms and conditions of such 1201, 1351, 1381. plan (relating to eligibility for and amount of such aid or assistance payable thereunder) were, for the month of December 1973, the same as those in effect, under such plan, for the month of June 1973, and (ii) the amount of the income of such individual (other than the aid or assistance described in clause (i)) received by such individual in December 1973, minus any such income which did not result, but which if properly reported would have resulted in a reduction in the amount of such aid or assistance. (C) For purposes of subparagraph (A), the amount of an individual's "title X VI benefit plus other income" for any month means an amount equal to the aggregate of— (i) the amount (if any) of the supplemental security income benefit to which such individual is entitled for such month under title X VI of the Social Security Act, and (ii) the amount of any income of such individual for such month (other than income in the form of a benefit described in clause (i)). (D) If the amount determined under subparagraph (B)(i) includes, in the case of any individual, an amount which was payable to such individual solely because of— (i) a special need of such individual (including any special allowance for housing, or the rental value of housing furnished in kind to such individual in lieu of a rental allowance) which existed in December 1973, or (ii) any special circumstance (such as the recognition of the needs of a person whose presence in such individual's home, in December 1973, was essential to such individual's well-being), and, if for any month after December 1973 there is a change with respect to such special need or circumstance which, if such change had existed in December 1973, the amount described in subparagraph (B)(i) with respect to such individual would have been reduced on account of such change, then, for such month and for each month thereafter the amount of the supplementary payment payable under the agreement entered into under this subsection to such individual shall (unless the State, at its option, otherwise specifies) be reduced by an amount equal to the amount by which the amount (described in subparagraph (B)(i)) would have been so reduced. (b)(1) Any State having an agreement with the Secretary under subsection (a) may enter into an administration agreement with the Secretary whereby the Secretary will, on behalf of such State, make the supplementary payments required under the agreement entered into under subsection (a).

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