§ 40-6-27.1 - Supplementary cash assistance program for severely disabled and elderly residents.
SECTION 40-6-27.1
§ 40-6-27.1 Supplementary cash assistanceprogram for severely disabled and elderly residents. – (a) There is hereby established a cash assistance program for disabled andelderly legal immigrant residents of the state who received a statesupplementary assistance payment under § 40-6-27 on July 1, 1997, who arein need, and who become ineligible after July 1, 1997, for federally fundedassistance under the supplemental security income program, Title XVI of theSocial Security Act, 42 U.S.C. § 1381 et seq. due solely to the restrictedeligibility rules imposed by § 402(a)(1) of the Personal Responsibilityand Work Opportunity Reconciliation Act of 1996, (Public Laws 104-193) and assuch section may hereafter be amended.
(b) Benefits under this program shall be provided only tosuch residents specified in subsection (a) who are aliens lawfully admitted forpermanent residence or otherwise permanently residing in the United Statesunder color of law and benefits shall not be provided to illegal orundocumented aliens.
(c) The income and resource rules, methodologies and limitsshall be the same as those in the Supplemental Security Income Program, TitleXVI of the Social Security Act, 42 U.S.C. § 1381 et seq.
(d) The monthly amount of cash assistance shall be equal tothe appropriate payment standard as provided in subsection (e) minus thecountable income of the recipient in that month.
(e) The department is authorized and directed to make monthlypayments of cash assistance to eligible recipients in accordance with thefollowing standards of assistance:
(1) Institutionalized individuals, forty dollars ($40.00) permonth;
(2) All other individuals, two hundred dollars ($200) permonth.
(f) Individuals who are receiving a state supplementaryassistance payment under § 40-6-27 on July 1, 1997, and who becomeineligible for benefits under the supplemental security income program, TitleXVI of the Social Security Act 42 U.S.C., § 1381 et seq., due solely totheir immigrant status shall be deemed eligible for supplementary cashassistance under this section and shall begin to receive payment in the monthfollowing the last month in which supplemental security income benefits under§ 40-6-27 are received.
(g) The department is directed to promulgate regulations toimplement the supplementary cash assistance program including provisionsrelating to the determination of eligibility, and providing recipients withadvanced written notification of a decision to reduce or terminate suchbenefits. Any notice of a decision to reduce or terminate benefits shallinclude an explanation of the reasons therefore, and the notice shall advisethe recipient of a right to appeal under the Administrative Procedures Act,§ 42-35-1 et seq.