reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-3 - Establishment of categories of public assistance; powers and duties in administration of article

(a)
The Department of Human Services is authorized to establish any of the following categories of public assistance and to adopt plans combining the administration of such categories of public assistance as the Department of Human Services may elect:
(1)
Old-age assistance;
(2)
Aid to the blind;
(3)
Aid to the disabled;
(4)
Temporary assistance for needy families; and
(5)
Aid to the aged, blind, and adult disabled persons under a combined plan adopted pursuant to Title XX of the federal Social Security Act.
(b)
This article shall be administered by the Department of Human Services, including the county departments of family and children services acting under the direction and supervision of the commissioner. In administering this article the department, including the county departments acting under the direction and supervision of the director of the Division of Family and Children Services, shall:
(1)
Provide for maximum cooperation with other agencies, public and private, of this state, of other states, and of the federal government in rendering services to maintain and strengthen family life and to help applicants for public assistance and recipients to attain self-support or self-care;
(2)
Establish and enforce such rules and regulations as may be necessary or desirable to carry out this article; provided, however, that the commissioner of the Department of Human Services may delegate to the director of the Division of Family and Children Services the responsibility for the development and issuance of procedural manuals;
(3)
Cooperate in all necessary respects with agencies of the United States government in the administration of this article, and accept any funds, goods, or services available to the department for public assistance and for other welfare programs and projects;
(4)
Enter into reciprocal and cooperative agreements with other agencies of this state and with agencies of any other state relative to the providing of assistance or service to residents and nonresidents; and
(5)
Make reports at such times and in such form as may be required by agencies of the United States government.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-4 - Residency requirements for public assistance

Public assistance shall be awarded to, or on behalf of, any individual who is a resident of this state and is otherwise eligible therefor under one of the categories established pursuant to this article, as determined in accordance with the regulations of the board; provided, however, that residence in this state in excess of one year may not be required with respect to any individual under any category; and provided, further, that with respect to "medical assistance" no residence requirement which excludes any individual who resides in this state may be imposed.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-5 - Determining amount of public assistance

The amount of public assistance which any person shall receive shall be determined in accordance with regulations approved by the board.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-6 - Reserves, income, and resources to be disregarded

(a)
In determining eligibility for and the amount and kind of public assistance to be provided, the board shall prescribe by regulations reasonable emergency reserves and the income and resources which may be exempt and disregarded. With respect to any category of assistance, the income and resources to be disregarded shall not be in excess of the amounts and kinds authorized under the federal Social Security Act and shall not be less than the amounts and kinds of income and resources required to be disregarded by the federal Social Security Act and any other act of Congress relating to the assistance programs in which federal financial participation is authorized under Titles IV, XVI, XIX, and XX of the federal Social Security Act.
(b)
Notwithstanding any other provision of this Code section, this chapter, or state law, to the extent that such disregard does not violate federal law or terminate or decrease the state's eligibility for federal funding for public assistance or for disabled persons, the Department of Human Services, the Department of Community Health, and their successors shall disregard for the purpose of eligibility for public assistance or assistance for disabled persons any funds or property held in trust for a disabled person by a community trust created and administered in accordance with Chapter 10 of Title 30, a trust for a person with one or more impairments with substantially similar provisions for distributions, or any noncash distributions from such trusts.
Amended by 2015 Ga. Laws 9,§ 49, eff. 3/13/2015.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-7 - Receipt of compensation for residence sold by government action not to affect eligibility

Notwithstanding any other law, rule, or regulation to the contrary, an individual who is otherwise qualified to receive any public assistance administered by the department shall not become ineligible to continue to receive such benefits because of the receipt of compensation by such individual from the sale or acquisition of any real estate used as the residence of such individual as the result of displacement through the necessity of governmental action which directly or indirectly causes the sale or acquisition of such property. Such individual may receive such compensation; hold, invest, and reinvest the proceeds thereof in any manner whatsoever; and continue to receive such benefits if he shall remain otherwise qualified; provided, however, this article shall not become effective until approved by the United States Department of Health and Human Services.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-8 - Application for public assistance

Applications for public assistance shall be submitted to and accepted by the county department of the county of the applicant's residence from or on behalf of any person who believes himself eligible for public assistance. Such applications shall be made in the manner and form prescribed by the Department of Human Services and shall contain such information as the department shall require.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-9 - Investigation and record concerning applicant

Whenever a county department shall receive an application for public assistance, the county department shall promptly make an investigation and record of the circumstances of the applicant in order to ascertain the facts supporting the application and to obtain such other information as may be required by the Department of Human Services.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-10 - Physical examination of applicant

With respect to applicants for any category of public assistance authorized under Code Section
49-4-3
, the department may require physical examinations of any applicant and may require the results thereof to be recorded by the examining physician on a form furnished by the department. Upon receipt of the form from the examining physician, the county department shall forward it to the department, whose duty it shall be to review the medical information contained thereon and determine therefrom whether the applicant meets the medical requirements for assistance under this article. When said decision has been made by the department, the county department will be notified and bound thereby.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-11 - Award and payment of public assistance

(a)
Upon the completion of the investigation under Code Section
49-4-9
, the county department shall decide whether the applicant is eligible for assistance under this article and determine, in accordance with the rules and regulations of the Board of Human Services, the amount and kind of such assistance and the date on which such assistance shall begin. After a determination has been made as to the eligibility for and the type and amount of assistance to be provided, such assistance shall be furnished with reasonable promptness to all eligible persons in accordance with regulations of the board.
(b)
Money payments of public assistance shall be made by check or electronic transfer in accordance with the regulations of the board.
Amended by 2009 Ga. Laws 102,§ 2-3, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-12 - Periodic redetermination of award; reporting changes in recipient's circumstances; review by department

(a)
All public assistance grants made under this article shall be reconsidered by the county departments of family and children services as frequently as may be required by rules of the Board of Human Services; but in every case the county department shall make such reconsideration at least once each year. After such further investigation as the commissioner may deem necessary, the amount of public assistance may be changed or may be entirely withdrawn if it is found by the department that any such grant has been made erroneously or if it is found that the recipient's circumstances have altered sufficiently to warrant such action.
(b)
If, at any time during the continuance of public assistance, the recipient thereof becomes possessed of income or resources in excess of the amount previously reported by him or if other changes shall occur in the circumstances previously reported by him which would alter either his need or his eligibility, it shall be his duty to notify the county department of such fact immediately on the receipt or possession of such additional income or resources or on the change of circumstances.
(c)
The department may also, upon its own motion, review any decision of a county department and may consider any application upon which a decision has not been made by the county department within a reasonable time. Where the department, on its own motion, reviews a decision of a county department or considers applications upon which a decision has not been made, it may make such additional investigation as it may deem necessary; and it shall determine whether the applicant shall be granted assistance and the amount of such assistance and whether assistance being paid to a recipient shall be modified or canceled. Any applicant or recipient affected by such a decision of the department shall, upon request, be given reasonable notice and opportunity for a hearing by the department.
Amended by 2009 Ga. Laws 102,§ 2-3, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-13 - Hearings; appeal

(a)
Except as provided in subsection (b) of this Code section, an applicant for or recipient of public assistance who is aggrieved by the action or inaction of the department, including any county department of family and children services, shall be entitled to a hearing. Each applicant or recipient shall be notified of his or her right to a hearing. Upon request for such hearing, reasonable notice of the time and place thereof shall be given to such applicant or recipient. Such hearing shall be conducted by the Office of State Administrative Hearings in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," the rules and regulations of the Office of State Administrative Hearings, and the rules and regulations prescribed by the board. The decision of the commissioner on any appeal shall be final, subject to the right to judicial review of contested cases under Chapter 13 of Title 50.
(b)
An applicant for or recipient of assistance under Article 9 of this chapter, the "Temporary Assistance for Needy Families Act," shall be authorized to request and receive a hearing to challenge any denial, reduction, or termination of assistance based upon any action by the department, including any county department of family and children services. Nothing contained in this subsection shall operate to create an entitlement to the receipt of assistance under the TANF program.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-14 - Regulations as to records; use or disclosure of information; penalty

(a)
The board is directed to prescribe regulations governing the custody, use, and preservation of the records, papers, files, and communications of the Department of Human Services, including the county departments, relating to public assistance. Except as otherwise provided in this Code section, such regulations shall provide safeguards restricting the use or disclosure of information concerning applicants for or recipients of public assistance to purposes directly connected with the administration of public assistance. The board is authorized in its discretion to include in such regulations provision for the public to have access to the records of disbursement or payment of public assistance made after March 30, 1965.
(b)
No person who obtains information by virtue of any regulation made pursuant to subsection (a) of this Code section shall use such information for commercial or political purposes.
(c)
Any person violating subsection (b) of this Code section shall be guilty of a misdemeanor.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-15.1 - Examination of financial records in instances of alleged fraud

The department may examine any books, papers, or memoranda reflecting the income of, or financial records bearing upon the determination of the eligibility of, recipients in instances of alleged fraud by recipients of food stamps and public assistance. This process may be implemented by means of a subpoena which may be issued by the commissioner of human services, upon the advice of the State Department of Law. In order to consider the issuance of such subpoenas, the director of the department's office of fraud and abuse must personally make application in writing to the commissioner of human services specifying why such information is necessary. If issued, such subpoenas shall compel the production of relevant documents. Subpoenas shall be served in the same manner as if issued by a superior court. If any person fails to obey a subpoena issued and served under this Code section with respect to any matter germane to the department's investigation, on application of the department, through the commissioner of human services or the commissioner's duly authorized representative, the superior court of the county in which the documents were required to be produced may issue an order requiring the person to comply with the subpoena and to produce the relevant documents.
Amended by 2009 Ga. Laws 102,§ 2-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-16 - Research, demonstration, and work experience programs; surplus food distribution

(a)
Except as modified by and pursuant to the provisions of this article the same provisions concerning eligibility for assistance as obtain with respect to old-age assistance, aid to the blind, temporary assistance for needy families, and aid to the totally and permanently disabled shall remain in force and effect.
(b)
The department is authorized to enter into agreements with departments and agencies of the government of the United States for the purposes of accepting grants, providing matching funds, and administering of such grants and funds, in accordance with regulations to be promulgated, for research and demonstration projects under Title XI, Section 1115, of the federal Social Security Act, without regard to the factor of state wideness and such other factors as may be required to be waived by the terms of the federal grant. The department also shall be authorized to participate in work experience or any other projects authorized under Title V of the Economic Opportunity Act of 1964, P.L. 88-452, 78 Stat. 508, and in the distribution of surplus food through a food stamp program under
7 U.S.C., Section 2013
.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-17 - Funding costs of assistance and administration; county participation not required

The cost of administration and the cost of public assistance provided under any of the categories of public assistance authorized under Code Section
49-4-3
shall be met from such funds as shall be made available therefor from state and federal appropriations. No county shall be required to participate in the cost of such public assistance or in the cost of the administration thereof.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-18 - Article construed with federal Social Security Act; adoption of rules to comply with federal act

It is the intention of the General Assembly that this article be construed consistent with the federal Social Security Act, and any provision of this article found to be in conflict with the federal Social Security Act shall be deemed to be void and of no effect. It is further the intention of the General Assembly, in view of the joint state and federal financial participation in the assistance programs, that the department shall be authorized to adopt such regulations as may be necessary to comply with the requirements of the federal Social Security Act.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-19 - Social assistance register

It shall be the duty of the department to establish and maintain a social assistance register and to provide for the listing in such register of groups, associations, organizations, and individuals who notify the department or any county department of family and children services that they are willing to assist citizens who are receiving public assistance or who need aid to improve or ensure the quality of their lives. The department shall provide for the dissemination of the names of such entities and individuals to those in need of assistance. It shall be the further duty of the department to publicize the existence of the social assistance register and to inform the public of the opportunities which members of the public have to enrich the lives of others.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-21 - Photo requirement on electronic benefits transfer cards for food stamps

The department shall require that all electronic benefits transfer cards which include food stamp benefits contain a photograph of one or more members of a household who are authorized to use such food stamp benefits. The department is authorized to promulgate regulations necessary to implement the provisions of this Code section.
Amended by 2023 Ga. Laws 353,§ 6, eff. 7/1/2023.
Added by 2014 Ga. Laws 664,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 1 - GENERAL PROVISIONS (§§ 49-4-1 — 49-4-22) › Section 49-4-22 - Eligibility for aid under federal Supplemental Nutrition Assistance Program

(a)
An individual who was convicted under any state or federal law of an offense which has as an element the possession, use, or distribution of a controlled substance, as such term is defined in Code Section
16-13-21
, and which is or would be classified as a felony under the laws of this state shall not be eligible for the federal Supplemental Nutrition Assistance Program while he or she is serving any term of imprisonment. If such individual was not sentenced to imprisonment, he or she shall be eligible for such program, provided that he or she remains compliant with the applicable general and special conditions of probation imposed. If such individual is sentenced to a term of imprisonment, after release from confinement, he or she shall be eligible for such program, provided that he or she remains compliant with the applicable general and special conditions of probation or parole imposed. If such individual violates the terms of probation as determined by court order or violates the terms of parole as determined by an order of the State Board of Pardons and Paroles, he or she shall lose eligibility for such program. If such individual successfully completes the original sentence imposed, he or she shall remain eligible for such program.
(b)
Any individual eligible for aid pursuant to this Code section shall be required to meet all other requirements for eligibility for such program.
Added by 2016 Ga. Laws 460,§ 11-1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 2 - OLD-AGE ASSISTANCE (§§ 49-4-30 — 49-4-38) › Section 49-4-30 - Short title

This article shall be known and may be cited as the "Old-Age Assistance Act."
Amended by 2023 Ga. Laws 353,§ 6, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 2 - OLD-AGE ASSISTANCE (§§ 49-4-30 — 49-4-38) › Section 49-4-31 - Definitions

As used in this article, the term:
(1)
"Applicant" means a person who has applied for assistance under this article.
(2)
"Assistance" means money payments to, medical care in behalf of, or any type of remedial care recognized under state law in behalf of needy individuals who are 65 years of age or older but shall not include any such payments to or care in behalf of any individual who is a patient in an institution for tuberculosis or mental health or developmental disability services.
(3)
"Medical institution" means an institution that is organized to provide medical, nursing, or convalescent care.
(4)
"Public institution" means an institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control.
(5)
"Recipient" means a person who has received assistance under this article.
Amended by 2018 Ga. Laws 416,§ 3-3, eff. 7/1/2018.
Amended by 2009 Ga. Laws 102,§ 3-6, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 2 - OLD-AGE ASSISTANCE (§§ 49-4-30 — 49-4-38) › Section 49-4-32 - Eligibility for assistance under this article

(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.
Amended by 2018 Ga. Laws 416,§ 3-4, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 2 - OLD-AGE ASSISTANCE (§§ 49-4-30 — 49-4-38) › Section 49-4-33 - Duties of department under this article

The department shall:
(1)
Supervise the administration of assistance under this article by the county departments;
(2)
Take such action as may be necessary or desirable for carrying out this article;
(3)
Prescribe the form of and print and supply to the county departments such forms as it may deem necessary and advisable; and
(4)
Publish in print or electronically an annual report and such interim reports as may be necessary.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 2 - OLD-AGE ASSISTANCE (§§ 49-4-30 — 49-4-38) › Section 49-4-34 - Duties of county departments under this article

The county departments shall:
(1)
Administer this article in their respective counties, subject to the rules and regulations prescribed by the board pursuant to this article;
(2)
Report to the department at such times and in such manner and form as the department may from time to time direct; and
(3)
Submit to the county commissioner or board of commissioners or the legally constituted fiscal or financial agent of the county, after approval by the department, a budget containing an estimate and supporting data setting forth the amount of money needed to carry out this article.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 2 - OLD-AGE ASSISTANCE (§§ 49-4-30 — 49-4-38) › Section 49-4-35 - Assistance is neither assignable nor subject to legal process or bankruptcy law; payment of assistance check after death of recipient

(a)
Assistance granted under this article shall not be transferable or assignable at law or in equity; and none of the money paid or payable under this article shall be subject to execution, levy, attachment, garnishment, or other legal process or to the operation of any bankruptcy or insolvency law.
(b)
Where a recipient dies after authorization of his assistance grant but before negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the department to the spouse or nearest living relative of the recipient shall be sufficient authorization to the drawee bank to pay such check.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 2 - OLD-AGE ASSISTANCE (§§ 49-4-30 — 49-4-38) › Section 49-4-36 - Payment of assistance after recipient moves to another county

Any recipient who moves to another county in this state shall be entitled, with the approval of the Department of Human Services, to receive assistance in the county to which he has moved; and the county department of the county from which he has moved shall transfer all necessary records relating to the recipient to the county department of the county to which he has moved. The county from which the recipient has moved shall pay the assistance for a period of two months, after which time the county to which he has moved shall pay the assistance, if he remains otherwise eligible.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 2 - OLD-AGE ASSISTANCE (§§ 49-4-30 — 49-4-38) › Section 49-4-37 - Claims to assistance subject to amendments or repeals

All assistance granted under this article shall be deemed to be granted and to be held subject to any amending or repealing Act that may hereafter be passed; and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by any amending or repealing Act.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 2 - OLD-AGE ASSISTANCE (§§ 49-4-30 — 49-4-38) › Section 49-4-38 - Roll book of employees

Each county board shall maintain for public information a roll book giving the name and address of and salary paid each employee of the county board in the county.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 3 - AID TO THE BLIND (§§ 49-4-50 — 49-4-61) › Section 49-4-50 - Short title

This article shall be known and may be cited as the "Aid to the Blind Act."
Amended by 2023 Ga. Laws 353,§ 6, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 3 - AID TO THE BLIND (§§ 49-4-50 — 49-4-61) › Section 49-4-51 - Definitions; when person considered blind

(a)
As used in this article, the term:
(1)
"Applicant" means a person who has applied for assistance under this article.
(2)
"Assistance" means money payments to or hospital care in behalf of needy blind individuals but shall not include any such payments to or care in behalf of any such individual who:
(A)
Is a patient in an institution for tuberculosis or mental illness or developmental disability; or
(B)
Has been diagnosed as having tuberculosis or being mentally ill or developmentally disabled and is a patient in a medical institution as a result thereof.
(3)
"Medical institution" means an institution that is organized to provide medical, nursing, or convalescent care.
(4)
"Ophthalmologist" means a physician who is licensed to practice medicine in this state and who is actively engaged in the treatment of diseases of the human eye.
(5)
"Optometrist" means an individual who is licensed and registered to practice optometry in this state and who is actively engaged in the measurement of the powers of vision of the human eye.
(6)
"Public institution" means an institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control.
(7)
"Recipient" means a person who has received assistance under this article.
(8)
"Supplementary services" means services other than money payments to blind persons in need.
(b)
A person shall be considered blind for the purposes of this article if his vision, with correcting glasses, is so defective as to prevent the performance of activities for which eyesight is essential. The department shall promulgate rules and regulations stating, in terms of ophthalmic measurements, the amount of visual acuity which an applicant may have and still be eligible for assistance under this article.
Amended by 2018 Ga. Laws 416,§ 3-5, eff. 7/1/2018.
Amended by 2009 Ga. Laws 102,§ 3-6, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 3 - AID TO THE BLIND (§§ 49-4-50 — 49-4-61) › Section 49-4-52 - Eligibility for assistance under this article

(a)
Assistance shall be granted under this article to any blind person who:
(1)
Does not have sufficient income or other resources to provide a reasonable subsistence compatible with decency and health, except that, after March 1, 1961, in making such determination, the first $85.00 per month of earned income plus one-half of earned income in excess of $85.00 per month shall be disregarded;
(2)
Has been a bona fide resident of the state for not less than one year;
(3)
Is not receiving old-age assistance; and
(4)
Is not publicly soliciting alms in any part of this state by the wearing, carrying, or exhibiting of signs denoting blindness, by the carrying of receptacles for the reception of alms, by the doing of such acts by proxy, or by begging from house to house.
(b)
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.
Amended by 2018 Ga. Laws 416,§ 3-6, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 3 - AID TO THE BLIND (§§ 49-4-50 — 49-4-61) › Section 49-4-53 - Duties of department under this article

The department shall:
(1)
Supervise the administration of assistance under this article by the county departments;
(2)
Make such rules and regulations and take such action as may be necessary or desirable for carrying out this article;
(3)
Establish the procedure to be followed in securing a competent medical examination for the purpose of determining blindness in the individual applicant for assistance;
(4)
Prescribe the form of and print and supply to the county departments such forms as it may deem necessary and advisable;
(5)
Publish in print or electronically an annual report and such interim reports as may be necessary;
(6)
Designate a suitable number of ophthalmologists and optometrists to examine applicants and recipients of assistance to the blind;
(7)
Fix the fees to be paid to ophthalmologists and optometrists for examinations of applicants, such fees to be paid out of funds allocated to the department or to the county departments; and
(8)
Initiate or cooperate with other agencies in developing measures for the prevention of blindness; the restoration of eyesight; the vocational adjustment of blind persons, including employment in regular industries, independent business, sheltered workshops, or home industry; and the instruction of the adult blind in their homes.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 3 - AID TO THE BLIND (§§ 49-4-50 — 49-4-61) › Section 49-4-54 - Duties of county departments under this article

The county departments shall:
(1)
Administer this article in their respective counties, subject to the rules and regulations prescribed by the Board of Human Services pursuant to this article;
(2)
Report to the Department of Human Services at such times and in such manner and form as the department may from time to time direct; and
(3)
Submit to the county commissioner or board of commissioners or the legally constituted fiscal or financial agent of the county, after approval by the department, a budget containing an estimate and supporting data setting forth the amount of money needed to carry out this article.
Amended by 2009 Ga. Laws 102,§ 2-3, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 3 - AID TO THE BLIND (§§ 49-4-50 — 49-4-61) › Section 49-4-55 - Examination of applicant by ophthalmologist or optometrist

No application for assistance under this article shall be approved until the applicant has been examined by an ophthalmologist or optometrist designated or approved by the department to make such examinations. The examining ophthalmologist or optometrist shall certify the findings of the examination in writing upon forms provided by the department.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 3 - AID TO THE BLIND (§§ 49-4-50 — 49-4-61) › Section 49-4-56 - Reexamination of recipient's eyesight; furnishing information

A recipient shall submit to a reexamination as to his eyesight when required to do so by the county department or the Department of Human Services. He shall also furnish any information required by the county department or the Department of Human Services.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 3 - AID TO THE BLIND (§§ 49-4-50 — 49-4-61) › Section 49-4-57 - Providing supplementary treatment services

Supplementary services may be provided by a county department to any applicant or recipient who is in need of treatment either to prevent blindness or to restore his eyesight, whether or not he is blind as defined in subsection (b) of Code Section
49-4-51
, if he is otherwise qualified for assistance under this article. The supplementary services may include necessary traveling and other expenses to receive treatment from a hospital or clinic designated by the department.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 3 - AID TO THE BLIND (§§ 49-4-50 — 49-4-61) › Section 49-4-58 - Assistance is neither assignable nor subject to legal process or bankruptcy law; payment of assistance check after death of recipient

(a)
Assistance granted under this article shall not be transferable or assignable at law or in equity; and none of the money paid or payable under this article shall be subject to execution, levy, attachment, garnishment, or other legal process or to the operation of any bankruptcy or insolvency law.
(b)
Where a recipient dies after authorization of his assistance grant but before negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the department to the spouse or nearest living relative of the recipient shall be sufficient authorization to the drawee bank to pay such check.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 3 - AID TO THE BLIND (§§ 49-4-50 — 49-4-61) › Section 49-4-59 - Recovery of assistance payments from recipient's estate; federal share of amounts recovered

(a)
The total amount of assistance paid under this article shall be allowed as a claim against the estate of a deceased recipient after funeral expenses, not to exceed $75.00, and the expense of administering the estate have been paid; provided, however, that no claim shall be enforced against any real estate of a recipient while it is occupied by his or her surviving spouse or dependent.
(b)
The federal government shall be entitled to a share of any amounts collected under subsection (a) of this Code section from recipients or from their estates, if required as a condition to federal financial participation in assistance under this article, equal to not more than one-half of the amount collected; and this amount shall be specified by the department. The amount due the United States shall be paid promptly to it by the department.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 3 - AID TO THE BLIND (§§ 49-4-50 — 49-4-61) › Section 49-4-60 - Payment of assistance after recipient moves to another county

Any recipient who moves to another county in this state shall be entitled, with the approval of the Department of Human Services, to receive assistance in the county to which he has moved; and the county department of the county from which he has moved shall transfer all necessary records relating to the recipient to the county department of the county to which he has moved. The county from which the recipient has moved shall pay the assistance for a period of two months, after which time the county to which he has moved shall pay the assistance, if he remains otherwise eligible.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 3 - AID TO THE BLIND (§§ 49-4-50 — 49-4-61) › Section 49-4-61 - Claims to assistance subject to amendments or repeals

All assistance granted under this article shall be deemed to be granted and to be held subject to any amending or repealing Act that may hereafter be passed; and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by any amending or repealing Act.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 4 - AID TO THE DISABLED (§§ 49-4-80 — 49-4-86) › Section 49-4-80 - Definitions

As used in this article, the term:
(1)
"Applicant" means a person who has applied for assistance under this article.
(2)
"Assistance" means money payments to, or hospital care in behalf of, needy individuals who are totally and permanently disabled but does not include any individual:
(A)
Who is a patient in an institution for tuberculosis or mental illness or developmental disability; or
(B)
Who has been diagnosed as having tuberculosis or being mentally ill or developmentally disabled and is a patient in a medical institution as a result thereof.
(3)
"Medical institution" means an institution that is organized to provide medical, nursing, or convalescent care.
(4)
"Public institution" means an institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control.
(5)
"Recipient" means a person who has received assistance.
(6)
"Totally and permanently disabled" means any person not less than 18 nor more than 65 years of age who has a medically demonstrable disability which is permanent and which renders him incapable of performing any gainful occupation within his competence.
Amended by 2018 Ga. Laws 416,§ 3-7, eff. 7/1/2018.
Amended by 2009 Ga. Laws 102,§ 3-6, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 4 - AID TO THE DISABLED (§§ 49-4-80 — 49-4-86) › Section 49-4-81 - Eligibility for assistance under this article

(a)
Assistance is to be granted under this article to any person who:
(1)
Is not less than 18 nor more than 65 years of age;
(2)
Is totally and permanently disabled as that term is defined in Code Section
49-4-80
;
(3)
Does not have sufficient income or other resources to provide a subsistence compatible with decency and health;
(4)
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;
(5)
Has been a bona fide resident of the state for not less than one year; and
(6)
Is not receiving old-age assistance, aid to the blind, or aid to dependent children.
(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.
Amended by 2018 Ga. Laws 416,§ 3-8, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 4 - AID TO THE DISABLED (§§ 49-4-80 — 49-4-86) › Section 49-4-82 - Duties of department under this article

The department shall:
(1)
Supervise the administration by the county departments of assistance to the needy totally and permanently disabled under this article;
(2)
Make such rules and regulations and take such action as may be necessary or desirable for carrying out this article;
(3)
Prescribe the form of and print and supply to the county department such forms as it may deem necessary and advisable; and
(4)
Publish in print or electronically an annual report and such interim reports as may be necessary.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 4 - AID TO THE DISABLED (§§ 49-4-80 — 49-4-86) › Section 49-4-83 - Duties of county departments under this article

The county departments shall:
(1)
Administer this article in their respective counties, subject to the rules and regulations prescribed by the board pursuant to this article;
(2)
Report to the department at such times and in such manner and form as the department may from time to time direct; and
(3)
Submit to the county commissioner or board of commissioners or the legally constituted fiscal or financial agent of the county, after approval by the department, a budget containing an estimate and supporting data setting forth the amount of money needed to carry out this article.
2023 CODE OF GEORGIA › Title 49 - SOCIAL SERVICES (§§ 49-1-1 — 49-10-7) › Chapter 4 - PUBLIC ASSISTANCE (§§ 49-4-1 — 49-4-193) › Article 4 - AID TO THE DISABLED (§§ 49-4-80 — 49-4-86) › Section 49-4-84 - Assistance is neither assignable nor subject to legal process or bankruptcy law; payment of assistance check after death of recipient

(a)
Assistance granted under this article shall not be transferable or assignable at law or in equity; and none of the money paid or payable under this article shall be subject to execution, levy, attachment, garnishment, or other legal process or to the operation of any bankruptcy or insolvency law.
(b)
Where a recipient dies after authorization of his assistance grant but before negotiation of his assistance check for the month in which his death occurs, endorsement of such check without recourse by the department to the spouse or nearest living relative of the recipient shall be sufficient authorization to the drawee bank to pay such check.