2021 Georgia Code
Title 49 - Social Services
Chapter 4 - Public Assistance
Article 2 - Old-Age Assistance
§ 49-4-32. Eligibility for Assistance Under This Article

1. Assistance shall be granted under this article to any person who:
   1. Is 65 years of age or older;
   2. Does not have sufficient income or other resources to provide a reasonable subsistence compatible with decency and health;
   3. Has not made an assignment or transfer of property for the purpose of attaining eligibility for assistance under this article at any time within two years immediately prior to the filing of application for assistance pursuant to this article;
   4. Has been a bona fide resident of this state for not less than one year; and
   5. Is not receiving assistance under Article 3 of this chapter.
2. No applicant shall be required to subscribe to a pauper's oath in order to be eligible for assistance under this article.
3. 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. 311, § 2; Ga. L. 2018, p. 550, § 3-4/SB 407.)

The 2018 amendment, effective July 1, 2018, deleted former paragraph (a)(3), which read: "Is not, at the time of receiving assistance, an inmate or patient of any public institution, except as a patient in a medical institution. An inmate or patient of such an institution may, however, make application for such assistance but the assistance, if granted, shall not begin until after he ceases to be an inmate;"; redesignated former paragraphs (a)(4) through (a)(6) as present paragraphs (a)(3) through (a)(5), respectively; substituted "attaining eligibility" for "rendering himself eligible" in present paragraph (a)(3); and substituted the present provisions of subsection (c) for the former provisions, which read: "Final conviction of a crime or criminal offense and detention of one so convicted either by this state or by any subdivision thereof shall constitute a forfeiture or suspension of all rights to assistance under this article but only during the period of actual confinement."

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

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.

- If an applicant for old age assistance is otherwise qualified, the fact that such applicant is employed by the state would not disqualify the applicant from receiving old age assistance to provide the applicant with a reasonable subsistence compatible with decency and health. 1945-47 Op. Att'y Gen. p. 645.

RESEARCH REFERENCES

C.J.S.

- 81 C.J.S., Social Security and Public Welfare, §§ 77, 85.

- Requisite residence for purposes of old age assistance, 43 A.L.R.2d 1427.

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

Unemployment compensation: eligibility of employee laid off according to employer's mandatory retirement plan, 50 A.L.R.3d 880.