O.C.G.A.

O.C.G.A. § 49-4-32 (2019)

Eligibility for assistance under this article

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) Assistance shall be granted under this article to any person who:

(1) Is 65 years of age or older;

(2) Does not have sufficient income or other resources to provide a reasonable subsistence compatible with decency and health;

(3) Has not made an assignment or transfer of property for the purpose of attaining eligibility for assistance under this article at any time within two years immediately prior to the filing of application for assistance pursuant to this article;

(4) Has been a bona fide resident of this state for not less than one year; and

(5) Is not receiving assistance under Article 3 of this chapter.

(b) No applicant shall be required to subscribe to a pauper’s oath in order to be eligible for assistance under this article.

(c) Inmates of any public institution meeting the requirements of subsection (a) of this Code section may be granted assistance, provided such public institution has entered into an agreement with the Department of Community Health to determine an inmate’s eligibility for assistance and services. Such agreement shall require the public institution or medical institution providing services to such inmate to provide the Department of Community Health with the required monetary payment to match the federal matching funds as set forth in federal law for the services received.

History

Ga. L. 1937, p. 311, § 2; Ga. L. 2018, p. 550, § 3-4/SB 407.

Annotations

Law reviews. For article on the 2018 amendment of

this Code section, see 35 Ga. St. U. L. Rev. 45 (2018).

OPINIONS OF THE ATTORNEY GENERAL United States Supreme Court decisions control validity of residency statutes. - Validity of the residency statutes concerning eligibility for public assistance would be held invalid by a court on the basis of United States Supreme Court decisions. 1969 Op. Att’y Gen. No. 69-238. State employees not disqualified from receiving assistance. - If an ap-

plicant for old age assistance is otherwise qualified, the fact that such applicant is employed by the state would not disqualify the applicant from receiving old age assistance to provide the applicant with a reasonable subsistence compatible with decency and health. 1945-47 Ga. Op. Att’y Gen. 645.

RESEARCH REFERENCES C.J.S. 81 C.J.S., Social Security and Public Welfare, §§ 77, 85. ALR. Requisite residence for purposes of old age assistance, 43 A.L.R.2d 1427. Social Security Acts: requisite of em-

ployment as affected by family relationship between alleged employer and employee, 8 A.L.R.3d 696. Unemployment compensation: eligibility of employee laid off according to employer’s mandatory retirement plan, 50 A.L.R.3d 880.