---
kind: "section"
citation: "42 C.F.R. § 435.134"
title: "42"
number: "435.134"
heading: "Individuals who would be eligible except for the increase in OASDI benefits under Pub. L. 92-336 (July 1, 1972)."
url: "https://uscodex.org/cfr/42/435.134"
---

# §435.134. Individuals who would be eligible except for the increase in OASDI benefits under Pub. L. 92-336 (July 1, 1972).


The agency must provide Medicaid to individuals who meet the following conditions:

- (a) **In August 1972, the individual was entitled to OASDI and—**
  - (1) He was receiving OAA, AB, APTD, or AABD; or
  - (2) He would have been eligible for one of those programs except that he had not applied, and the Medicaid plan covered this optional group; or
  - (3) He would have been eligible for one of those programs if he were not in a medical institution or intermediate care facility, and the Medicaid plan covered this optional group.
- (b) The individual would currently be eligible for SSI or a State supplement except that the increase in OASDI under Pub. L. 92-336 raised his income over the limit allowed under SSI. This includes an individual who—
  - (1) Meets all current SSI requirements except for the requirement to file an application; or
  - (2) Would meet all current SSI requirements if he were not in a medical institution or intermediate care facility, and the State's Medicaid plan covers this optional group.

## Notes

### Amendments

[43 FR 45204, Sept. 29, 1978, as amended at 45 FR 24883, Apr. 11, 1980]

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45204, Sept. 29, 1978, unless otherwise noted.

### Amendments

[43 FR 45204, Sept. 29, 1978, as amended at 45 FR 24883, Apr. 11, 1980]