§ 40-6-3.1 - Eligibility for general public assistance.
SECTION 40-6-3.1
§ 40-6-3.1 Eligibility for general publicassistance. – (a) The state, acting by and through the department, shall provide assistance(in the form specified in § 40-6-3.2) to residents of the state found bythe department in accordance with this chapter and rules and regulations of thedepartment to be eligible for general public assistance; provided further, thatbenefits under this program shall be provided only to residents who arecitizens of the United States or aliens lawfully admitted for permanentresidence or otherwise permanently residing in the United States under color oflaw, and benefits shall not be provided to illegal or undocumented aliens.
(1) General public assistance shall be provided to thefollowing individuals and families provided all other eligibility requirementsof this chapter are met:
(2) Individuals age eighteen (18) or older, provided thatthey do not have a dependent child who is living in his or her home, andprovided that they are determined by the department in accordance with thischapter and departmental regulations to be suffering from an illness, injury,or medical condition as determined by physical examination by a licensedphysician, that is reasonably expected to last for a period of at least thirty(30) days from the date the application for general public assistance is filedwith the department, and which precludes the individual from working. Theillness, injury, or medical condition may be based on a primary diagnosis ofalcoholism or substance abuse. The total physical or mental incapacity shall beverified by a medical practitioner and/or a qualified substance abuse counselordesignated by the department, within forty-five (45) days of the date theindividual is found by the department to be totally incapacitated. If totalphysical or mental incapacity cannot be reasonably verified then the individualshall not be eligible for general public assistance under this subsection.
(3) The department shall provide an application for medicalassistance (Medicaid) benefits to each applicant for general public assistanceand shall use a uniform medical form for both programs to secure informationfrom the applicant's treating physician. A decision on the application forgeneral public assistance shall be made within thirty (30) days of receipts ofa completed application.
(4) Individuals found eligible on the basis of illness,injury, or medical condition under this subsection (b) shall be eligible forassistance only in the forms specified in § 40-6-3.2(a)(2) and (a)(3), andonly for an initial period of up to six (6) months, renewable for a period ofup to an additional six (6) months. In order to receive assistance for a periodgreater than twelve (12) months, individuals must reapply for general publicassistance.
(c) Resources. Ownership of real or personal propertyshall disqualify individuals from receiving general public assistance;provided, however, that the following property or resources owned by suchindividuals shall be exempted:
(1) A home occupied by such individuals;
(2) One motor vehicle having an equity value not exceedingfour thousand six hundred fifty dollars ($4,650) or a vehicle necessary totransport a family member with a disability, where the vehicle is speciallyequipped to meet the specific needs of the person with a disability or if thevehicle is a special type of vehicle that makes it possible to transport theperson with the disability;
(3) Cash or liquid assets not exceeding four hundred dollars($400);
(4) Such tools of the trade not to exceed an aggregate valueof one thousand dollars ($1,000) and household furnishings and effects as thedirector shall determine by regulation.
(d) Income. Income shall not disqualify an individualfrom receiving general public assistance provided that the income as definedand determined by the department is within the income limitations establishedby the regulations of the department.
(ii) Pursuant to the purposes set forth in § 40-6-3 andnotwithstanding the provisions of § 40-6-3.3 [Repealed],individuals found ineligible for cash assistance under chapter 5.1 of thistitle due to provisions of the chapter regarding alien sponsors, the deeming ofalien sponsor income or the deeming of stepparent income, shall not be eligiblefor general public assistance.
(2) Notwithstanding the provisions of § 40-6-3.3[Repealed], the receipt of lump sum income shall disqualify anindividual from receiving general public assistance.
(3) The department shall promulgate rules and regulationsregarding the treatment of lump sum income.
(e) Postsecondary education. (1) An individual ageeighteen (18) or older, attending a school, college, or university as afull-time student or attending a full-time program of vocational or technicaltraining, all beyond the level of secondary education, shall not be eligiblefor general public assistance under this chapter, excepting however thoseindividuals active as students with the department's vocational rehabilitationprograms who have been certified as unemployable by the department.
(2) Notwithstanding the foregoing prohibition, an individual,age eighteen (18) or older, pursuing a course of study on a part-time basisbeyond the level of secondary education, may be eligible for general publicassistance, provided the student remains available for and is actively seekingemployment, and provided that the individual meets all other eligibilityrequirements for general public assistance pursuant to this chapter.
(f) Cooperation in applying for SSI and medicalassistance. All applicants and recipients of general public assistanceshall, within thirty (30) days of application for general public assistance ornotice from the department, be required to apply for and cooperate in thedetermination for benefits under the federal supplemental security income (SSI)program and/or medical assistance, as provided pursuant to title XIX of theSocial Security Act, 42 U.S.C. § 1396 et seq., provided the applicant orrecipient is determined by the department to be potentially eligible forbenefits.
(g) Report of income or resources by recipients. If,at any time during the receipt of general public assistance, the recipientthereof becomes possessed of income or resources in excess of the amountpreviously reported by him or her, it shall be his or her duty and a conditionof eligibility to notify the department of this fact immediately on the receiptor possession of additional income or resources.