Definitions

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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:
    1. Who is a patient in an institution for tuberculosis or mental illness or developmental disability; or
    2. 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.

(Ga. L. 1952, p. 15, § 1; Ga. L. 1957, p. 368, § 6; Ga. L. 2009, p. 453, §§ 3-5, 3-6/HB 228; Ga. L. 2018, p. 550, § 3-7/SB 407.)

The 2018 amendment, effective July 1, 2018, substituted the present provisions of paragraph (2) for the former provisions, which read: "'Assistance' means money payments to, or hospital care in behalf of, needy individuals who are totally and permanently disabled but does not include any such payments to or care in behalf of any such individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual:"; added paragraphs (3) and (4); and redesignated former paragraphs (3) and (4) as present paragraphs (5) and (6), respectively.

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 Holloway v. Parham, 340 F. Supp. 336 (N.D. Ga. 1972); Howell v. Harden, 129 Ga. App. 200, 198 S.E.2d 890 (1973); Pugh v. Department of Human Resources, 132 Ga. App. 60, 207 S.E.2d 542 (1974); Turner v. Harden, 136 Ga. App. 842, 222 S.E.2d 621 (1975).

RESEARCH REFERENCES

ALR.

- Admissibility of opinion evidence as to employability on issue of disability in health and accident insurance and workers' compensation cases, 154 A.L.R. 427; 89 A.L.R.3d 783.


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