(1) Aged, blind and disabled persons residing in Montana who were, for December, 1973, recipients of assistance or had filed an application and were otherwise eligible for assistance under a state plan approved by the federal government for Title I, X, XIV or XVI of the Social Security Act, are eligible for mandatory state supplemental payments as required by sections 211 and 212 of P.L. 93-66 and by P.L. 93-233.

(a) Eligibility for mandatory state supplemental payments is subject to the limitations of 20 CFR 416.2040 which describes limitations on eligibility. The department hereby adopts and incorporates by reference 20 CFR 416.2040. A copy of the incorporated regulation may be obtained from the Department of Public Health and Human Services, Senior and Long Term Care Division, P.O. Box 4210, Helena, Montana 59604-4210.

(b) The amount of mandatory state supplement to be provided is determined in accordance with 20 CFR 416.2050, 416.2055, 416.2060, 416.2065, 416.2070, 416.2085 and 416.2097 which are federal regulations governing payments under state supplemental programs. The department hereby adopts and incorporates by reference the above cited sections. A copy of the above cited regulations may be obtained from the Department of Public Health and Human Services, Senior and Long Term Care Division, P.O. Box 4210, Helena, Montana 59604-4210.

(2) Persons eligible for optional state supplemental payments are those persons who:

(a) are recipients of federal supplemental security income or who would be eligible to receive federal supplemental security income except for the amount of their income;

(b) reside in one of the facilities described in ARM 37.43.103;

(c) are not ineligible under the provisions of 20 CFR 411.2040 governing limitations on participation in state supplementation programs. The department hereby adopts and incorporates by reference the above cited section. Copies of 20 CFR 411.2040 can be obtained from the Department of Public Health and Human Services, Senior and Long Term Care Division, P.O. Box 4210, Helena, Montana 59604-4210;

(d) are financially eligible as provided for in 20 CFR 416.2001, 416.2025 and 416.2047, the federal regulations governing financial eligibility for state supplemental payments. The department hereby adopts and incorporates by reference the above cited sections. Copies of the above cited sections can be obtained from the Department of Public Health and Human Services, Senior and Long Term Care Division, P.O. Box 4210, Helena, Montana 59604-4210.

(3) The amount of optional state supplement to be provided is determined in accordance with 20 CFR 416.2025, 416.2030, 416.2045, 416.2095 and 416.2097, which are federal regulations governing state supplement benefit calculations. The department hereby adopts and incorporates by reference the above cited sections. Copies of the above cited sections can be obtained from the Department of Public Health and Human Services, Senior and Long Term Care Division, P.O. Box 4210, Helena, Montana 59604-4210.

(4) Applications for optional state supplemental payments are made to the county welfare department. Determination of eligibility is made by the social worker based on residential status. Eligibility shall be redetermined annually.

(5) Financial eligibility and actual payment amount for each individual based on all resources available is determined by the social security administration.