§ 208 — Definitions

§ 208. Definitions. When used in this title:\n 1. "Supplemental security income benefits" shall mean payments made by\nthe secretary of the federal department of health, education and welfare\nto aged, blind and disabled persons pursuant to title sixteen of the\nfederal social security act.\n 2. "Additional state payments" shall mean payments made to aged, blind\nand disabled persons who are receiving, or who would but for their\nincome be eligible to receive, federal supplemental security income\nbenefits, whether made by the office of temporary and disability\nassistance in accordance with the provisions of this title and with\ntitle sixteen of the federal social security act, or by the commissioner\nof the United States social security administration, pursuant to and in\naccordance with the provisions of this title, title sixteen of the\nfederal social security act, and provisions of any agreement entered\ninto between the state and such commissioner by which the commissioner\nagrees to administer such additional state payments on behalf of the\nstate. Such payments are equal to the standard of need, less the greater\nof the federal benefit rate or countable income. For purposes of this\ntitle, the "federal benefit rate" shall mean the maximum payment of\nsupplemental security income payable to a person or couple with no\ncountable income.\n 3. The "secretary" shall mean the secretary of the federal department\nof health, education and welfare.\n 4. A "blind person" shall mean a person who has central visual acuity\nof 20/200 or less in the better eye with the use of a correcting lens.\nAn eye which is accompanied by a limitation in the fields of vision such\nthat the widest diameter of the visual field subtends an angle no\ngreater than twenty degrees shall be considered, for the purposes of the\nfirst sentence of this subdivision, as having a central visual acuity of\n20/200 or less.\n 5. A "disabled person" shall mean a person who is unable to engage in\nany substantial gainful activities by reason of any medically\ndeterminable physical or mental impairment which can be expected to\nresult in death or which has lasted or can be expected to last for a\ncontinuous period of not less than twelve months; or who, in the case of\na child under the age of eighteen, suffers from any medically\ndeterminable physical or mental impairment of comparable severity.\n 6. "Countable income" shall mean all of a person's income, in cash or\nin kind, both earned and unearned, which is not excluded by federal law\nor regulations or by regulations of the department in determining the\nneed of an individual for supplemental security income benefits or\nadditional state payments, including the income of an individual's\neligible spouse, and, if the individual is a child, certain income of\nsuch individual's parent or parents with whom he resides.\n 7. "Earned income" shall mean wages and earnings from self-employment\nin accordance with the regulations of the department.\n 8. "Unearned income" shall mean all other income, in accordance with\nthe regulations of the department.\n 9. "Countable resources" shall mean cash or other liquid assets or any\nreal or personal property that an individual or couple owns and could\nconvert to cash to be used for his or their support and maintenance,\nwhich is not excluded by federal law or regulations or by regulations of\nthe department in the determination of the need of an individual for\nsupplemental security income benefits or additional state payments.\n 10. An "eligible individual" shall mean a person who is eligible to\nreceive additional state payments pursuant to section two hundred nine\nof this title.\n 11. An "eligible couple" shall mean an eligible individual and his or\nher aged, blind or disabled spouse, who are living together or who are\nliving apart but have been living apart for less than six months.\n 12. The term "standard of need" shall refer solely to the maximum\nlevel of income a person or couple may have and remain eligible for\nadditional state payments under this title. The term applies solely to\nthe program of additional state payments and has no application to any\nother program or benefit.\n