Title 49, Chapter 4, Section 6
( 49-4-6)
(a) In determining eligibility for and the amount and kind of public
assistance to be provided, the board shall prescribe by regulations
reasonable emergency reserves and the income and resources which may
be exempt and disregarded. With respect to any category of
assistance, the income and resources to be disregarded shall not be
in excess of the amounts and kinds authorized under the federal
Social Security Act and shall not be less than the amounts and kinds
of income and resources required to be disregarded by the federal
Social Security Act and any other act of Congress relating to the
assistance programs in which federal financial participation is
authorized under Titles IV, XVI, XIX, and XX of the federal Social
Security Act. (b) For purposes of applying the $50.00 child support disregard
provided for in Title IV of the federal Social Security Act, amounts
paid by the Social Security Administration under the Old Age
Survivors and Disability Insurance (OASDI) program, payments made by
the United States Department of Veterans Affairs to the family, and
any other benefits not assignable to the state pursuant to Title IV
of the federal Social Security Act shall not be considered child
support. (c) Notwithstanding any other provision of this Code section, this
chapter, or state law, to the extent that such disregard does not
violate federal law or terminate or decrease the state's eligibility
for federal funding for public assistance or for disabled persons,
the Department of Human Resources, the Department of Community
Health, and their successors shall disregard for the purpose of
eligibility for public assistance or assistance for disabled persons
any funds or property held in trust for a disabled person by a
community trust created and administered in accordance with Chapter
10 of Title 30, a trust for a person with one or more impairments
with substantially similar provisions for distributions, or any
noncash distributions from such trusts. |