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Section 38-5-1
Section 38-5-1Amount of assistance.
Any applicant who qualifies under the provisions of this chapter shall be entitled to an amount of assistance, which, when added to the income of the applicant from all other sources, equals $125.00 per month; provided, that any income or resources permitted to be disregarded by the laws of the United States or regulations issued pursuant thereto in calculating aid to blind persons shall not be considered as income of the applicant and shall not reduce the amount of assistance herein provided. In any case where it is found that the needs of an applicant exceed the minimum provided by this section, an additional amount of assistance shall be paid.
(Acts 1963, No. 574, p. 1195, §3; Acts 1966, Ex. Sess., No. 262, p. 405; Acts 1971, No. 2429, p. 3879.)Section 38-5-2
Section 38-5-2To whom assistance payable.
Assistance to the blind shall be payable under this chapter to or on behalf of any person:
(1) Who shall comply with the other requirements of this chapter; and
(2) Has not sufficient income and resources to provide a reasonable subsistence compatible with decency and health, as further provided in this chapter; provided, that any income or resources required or permitted by the Federal Social Security Act or regulations made thereunder to be disregarded are hereby excepted; and
(3) Who qualifies for blind assistance under subsection (b) of section 38-4-1.
(Acts 1963, No. 574, p. 1195, §2.)Section 38-5-3
Section 38-5-3Purpose of chapter.
The purpose of the provisions of this chapter is to relieve blind persons from the distress of poverty, to promote self-care, to enlarge the economic opportunities of the blind and to stimulate the blind to greater efforts in striving to render themselves self-supporting.
(Acts 1963, No. 574, p. 1195, §1.)Section 38-5-4
Section 38-5-4Property which may be retained by applicant.
An applicant may retain personal or real property owned by him or in combination with any other person without reference to its value if it serves to provide the applicant with a home. Real property owned by the applicant or in combination with his spouse which is producing income, reasonably consistent with its value, which is used for the support of the applicant, may be retained in an amount not to exceed an assessed valuation of $5,000.00 as assessed by the county assessor, less any encumbrances thereon of record. The applicant may retain as a reserve for future contingencies any combination of personal or real property not to exceed a total net value of $1,200.00. The value of the following property shall be excluded in determining eligibility under this chapter:
(1) Personal jewelry, personal effects, home furnishings and other property used to provide, equip and maintain a home for the applicant;
(2) Such additional income and resources by those recipients who have a plan for self-support as may be found necessary to carry out such plan for up to a period of 12 months, or so long as may be permitted under the regulations of the Federal Department of Health, Education and Welfare;
(3) Motor vehicles needed for transportation;
(4) Any property right which is essential to land use or which is not available for the use of or expenditure by or in behalf of the applicant to meet a current or future need of said applicant.
(Acts 1963, No. 574, p. 1195, §4.)Section 38-5-5
Section 38-5-5Aid inalienable; cost of hospitalization, medical care, etc., not to constitute a lien on property of recipient.
All aid given as public assistance for the blind shall be absolutely inalienable by any assignment, sale, attachment, execution or otherwise; and, in case of bankruptcy, the assistance shall not pass through any trustee or other person acting on behalf of creditors. The cost of hospitalization or other medical care or other service furnished by the state or by a county to a recipient of assistance under this chapter shall not constitute a lien upon any real or personal property or personal effects of such recipient.
(Acts 1963, No. 574, p. 1195, §5.)Section 38-5-6
Section 38-5-6Relatives not legally liable for support, hospital and medical care, etc.
No relative shall be held legally liable to support or to contribute to the support of any applicant for or recipient of assistance under this chapter. No relative shall be held liable to defray in whole or in part the cost of any medical care or hospital care or other service rendered to said recipient pursuant to any provision of this chapter if he is an applicant for or a recipient of assistance under this chapter at the time such medical care or hospital care or other service is rendered.
(Acts 1963, No. 574, p. 1195, §6.)Section 38-5-7
Section 38-5-7Conflicts with Social Security Act.
Should any portion, section or clause of this chapter be declared or adjudicated to be contrary to or inconsistent with the provisions of the Social Security Act, as amended, that portion, section or clause of this chapter shall have no further force or effect.
(Acts 1963, No. 574, p. 1195, §8.)
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