ARTICLE 4
AID TO THE DISABLED
49-4-81. Eligibility for assistance under this article.
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Assistance is to be granted under this article to any person who:
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Is not less than 18 nor more than 65 years of age;
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Is totally and permanently disabled as that term is defined in Code Section 49-4-80;
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Does not have sufficient income or other resources to provide a subsistence compatible with decency and health;
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Has not made an assignment or transfer of property for the purpose of rendering himself eligible for assistance under this article at any time within two years immediately prior to the filing of application for assistance pursuant to this article;
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Has been a bona fide resident of the state for not less than one year; and
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Is not receiving old-age assistance, aid to the blind, or aid to dependent children.
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No applicant shall be required to subscribe to a pauper's oath in order to be eligible for assistance under this article.
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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.
(Ga. L. 1952, p. 15, § 2; Ga. L. 1964, p. 665, § 1; Ga. L. 2018, p. 550, § 3-8/SB 407.)
The 2018 amendment,
effective July 1, 2018, added subsection (c).
Code Commission notes.
- Pursuant to Code Section 28-9-5, in 1990, the subsection (a) designation was added.
Law reviews.
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For article, "Special Needs Trusts:
A Planning Tool with Promises," see 16 (No. 2) Ga. St. B.J. 18 (2010).
JUDICIAL DECISIONS
Cited in
Bryson v. Burson, 308 F. Supp. 1170 (N.D. Ga. 1969); Holloway v. Parham, 340 F. Supp. 336 (N.D. Ga. 1972); James v. Harden, 136 Ga. App. 207, 221 S.E.2d 67 (1975); Turner v. Harden, 136 Ga. App. 842, 222 S.E.2d 621 (1975).
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.
RESEARCH REFERENCES
C.J.S.
- 81 C.J.S., Social Security and Public Welfare,
§§
195, 197.
ALR.
- Social Security Acts: requisite of employment as affected by family relationship between alleged employer and employee, 8 A.L.R.3d 696.
Necessity and sufficiency of showing that "substantial and gainful activity" is available to disability claimant under Federal Social Security Act, 22 A.L.R.3d 440.
