418
PUBLIC LAW 89-97-JULY 30, 1965
[79 STAT.
such determination still exist, with provision for termination of such payments if they do not and for seeking judicial appointment 72 Stat 10 52 ^^ ^ guardiau or other legal representative, as described in sec42 USC 1311.* tion 1111, if and when it appears that such action will best serve the interests of such needy mdividual; and "(5) opportunity for a fair hearing before the State agency on the determination referred to in paragraph (1) for any individual with respect to whom it is made." (e) The amendments made by this section shall apply in the case of expenditures made after December 31, 1965, under a State plan i2ol"f35i^°i38i. approved under title I, X, X IV, or X VI of the Social Security Act. DISREGARDING CERTAIN E A R N I N G S I N DETERMINING N E E D U N D E R ASSISTA N C E PROGRAMS FOR THE AGED, B L I N D, A N D DISABLED
42 us^c* 30^2'
Post, p. 423.
42 USC n^l*
64 Stat. 5|5.
III'ic'SI!:
SEC, 403. (a) Effective October 1, 1965, section 2(a) (10)(A) of the Social Security Act is amended by striking out "; except that, in making such determination, of the first $50 per month of earned income the State agency may disregard, after December 31, 1962, not more than the first $10 thereof plus one-half of the remainder" and inserting in lieu thereof the following: "; except that, in making such determination, (i) the State agency may disregard not more than $5 per month of any income and (li) of the first $80 per month of additional income which is earned the State agency may disregard not more than the first $20 thereof plus one-half of the remainder". (b) Effective October 1, 1965, section 402(a)(7) of the Social Security Act (as amended by section 410 of this Act) is further amended by inserting before the semicolon at the end thereof the following: ", and (C) the State agency may, before disregarding the amounts referred to in clauses (A) and (B), disregard not more than $5 of any income". (c) Effective October 1, 1965, section 1002(a)(8) of the Social Security Act is amended by inserting before the semicolon at the end thereof the following: ", and (C) may, before disregarding the amounts referred to in clauses (A) and (B), disregard not more than $5 of any income". ((J) Effective October 1, 1965, section 1402(a)(8) of such Act is amended by inserting after the semicolon at the end thereof the following: "except that, in making such determination, (A) the State agency may disregard not more than $5 of any income, (B) of the first $80 per month of additional income which is earned the State agency may disregard not more than the first $20 thereof plus one-half of the remainder, and (C) 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 an 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;". (e) Effective October 1, 1965, section 1602(a) (14) of such Act is amended to read as follows: " (14) provide that the State agency shall, in determining need for aid to the aged, blind, or disabled, take into consideration any other income and resources of an individual claiming such aid, as well as any expenses reasonably attributable to the earning of any such income; except that, in making such determination with respect to any individual—
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