46-251. Mandatory state supplemental payments program

A. The mandatory state supplemental payments program provided for in this section may be administered directly by the department, or by the federal government under agreement with the department whereby the department pays to the federal government the cost of supplemental payments made under this section and the federal government administers the program pursuant to the agreement and title XVI of the social security act, as amended.

B. Mandatory state supplemental payments shall be granted for January 1974 and thereafter under this section to any person who meets and maintains the following requirements:

1. Was qualified for and received a state public assistance payment under the federally assisted program of old age assistance or aid to the blind or aid to persons with permanent and total disability for the month of December 1973, and

2. Is eligible for and receives, or who, but for his income, would be eligible to receive, a payment under title XVI of the social security act, as amended.

C. The amount of mandatory state supplemental payment to a recipient for a month shall be an amount equal to the amount by which such individual's December 1973 minimum income level as defined in title XVI of the social security act as amended, exceeds the amount of such individual's title XVI benefit plus other income.