42 USC 1320b-21 - State grants for work incentives assistance to disabled beneficiaries

U.S Code last checked for updates: May 01, 2024

§ 1320b–21.

State grants for work incentives assistance to disabled beneficiaries

(a)

In general

(b)

Services provided

Services provided to disabled beneficiaries pursuant to a payment made under this section may include—

(1)

information and advice about obtaining vocational rehabilitation and employment services; and

(2)

advocacy or other services that a disabled beneficiary may need to secure, maintain, or regain gainful employment.

(c)

Application

(d)

Amount of payments

(1)

In general

Subject to the amount appropriated for a fiscal year for making payments under this section, a protection and advocacy system shall not be paid an amount that is less than—

(A)

in the case of a protection and advocacy system located in a State (including the District of Columbia and Puerto Rico) other than Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, the greater of—

(i)

$100,000; or

(ii)

⅓ of 1 percent of the amount available for payments under this section; and

(B)

in the case of a protection and advocacy system located in Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, $50,000.

(2)

Inflation adjustment

(e)

Annual report

(f)

Funding

(1)

Allocation of payments

(2)

Carryover

(g)

Definitions

In this section:

(1)

Commissioner

(2)

Disabled beneficiary

The term “disabled beneficiary” means an individual—

(A)

who is a disabled beneficiary as defined in section 1320b–19(k)(2) of this title;

(B)

who is receiving a cash payment described in section 1382e(a) of this title or a supplementary payment described in section 212(a)(3) of Public Law 93–66 (without regard to whether such payment is paid by the Commissioner pursuant to an agreement under section 1382e(a) of this title or under section 212(b) of Public Law 93–66);

(C)

who, pursuant to section 1382h(b) of this title, is considered to be receiving benefits under subchapter XVI of this chapter; or

(D)

who is entitled to benefits under part A of subchapter XVIII of this chapter by reason of the penultimate sentence of section 426(b) of this title.

(3)

Protection and advocacy system

(h)

Authorization of appropriations

(Aug. 14, 1935, ch. 531, title XI, § 1150, as added Pub. L. 106–170, title I, § 122, Dec. 17, 1999, 113 Stat. 1890; amended Pub. L. 108–203, title IV, §§ 404(b)(1), (2), 407(b), Mar. 2, 2004, 118 Stat. 526, 527; Pub. L. 111–63, § 3, Sept. 18, 2009, 123 Stat. 2001; Pub. L. 111–280, § 2(b), Oct. 13, 2010, 124 Stat. 2903.)

cite as: 42 USC 1320b-21