Eligibility for Assistance Under This Article

  1. Law
  2. Georgia Code
  3. Social Services
  4. Public Assistance
  5. Aid to the Blind
  6. Eligibility for Assistance Under This Article

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  1. 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.
  2. 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. 1937, p. 568, § 3; Ga. L. 1952, p. 233, §§ 4, 6; Ga. L. 1961, p. 415, § 1; Ga. L. 1965, p. 385, § 19; Ga. L. 2018, p. 550, § 3-6/SB 407.)

The 2018 amendment, effective July 1, 2018, substituted the present provisions of subsection (b) for the former provisions, which read: "All assistance under this article shall be suspended in the event of and during the period of confinement in any public penal institution after final conviction of a crime against the laws of this state or any political subdivision thereof."

Law reviews.

- For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 45 (2018).

JUDICIAL DECISIONS

Cited in Bryson v. Burson, 308 F. Supp. 1170 (N.D. Ga. 1969).

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, § 188.

ALR.

- Status of one as poor person for purposes of statutes entitling him to relief or providing for compensation of persons who render services or aid, as affected by extent of his financial resources, 98 A.L.R. 870.

Social Security Acts: requisite of employment as affected by family relationship between alleged employer and employee, 8 A.L.R.3d 696.

Laws regulating begging, panhandling, or similar activity by poor or homeless persons, 7 A.L.R.5th 455.


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