Assistance shall be granted under this part to any permanently and totally disabled
(1) Is eighteen (18) years of age or older;
(2) Is living within this state voluntarily and not for a temporary purpose, that
is, with no intention of presently removing from the state; provided, that temporary
absence from the state, with subsequent returns to the state or intent to return when
the purposes of the absence have been accomplished, shall not, for the purpose of
this part, interrupt continuity of residence;
(3) Has not sufficient income or other resources to provide a reasonable subsistence
compatible with decency and health, and whose spouse is not able to meet the person's
needs as determined by the department's standards;
(4)(A) Is not an inmate of a public institution and:
(i) Is not a patient in an institution for tuberculosis or mental diseases; or
(ii) Is not a patient in a medical institution as a result of a diagnosis of tuberculosis
(B) An inmate of any public institution ineligible under subdivision (4)(A) may, however,
make application for such assistance, but the assistance, if granted, shall not begin
until after such person ceases to be an inmate;
(5) Within five (5) years immediately preceding application or during receipt of assistance,
has not in order to evade any provision of this part made an assignment or transfer
of property, the proceeds from which at the fair market value, irrespective of the
actual consideration received, would under the state standards of need still be available
to meet the needs of the individual. Any transfer of property to a husband, wife, son, daughter, son-in-law, daughter-in-law,
brother, sister, brother-in-law, sister-in-law, nephew or niece, within the period
above mentioned, shall be prima facie evidence that the transfer was made with the
intent to evade the provisions of this part;
(6) Is not receiving for the same month old-age assistance, aid to the blind, or aid
to dependent children;
(7) Was receiving aid to the permanently and totally disabled benefits during the
month of December 1973, and is now qualified under Public Law 93-66 to continue to receive a state money payment as a supplement to the federally-provided
supplemental security income benefits.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.