TITLE 40
Human services

CHAPTER 40-6
Public Assistance Act

SECTION 40-6-27.1


§ 40-6-27.1 Supplementary cash assistance program for severely disabled and elderly residents.

(a) There is hereby established a cash assistance program for disabled and elderly legal immigrant residents of the state who received a state supplementary assistance payment under § 40-6-27 on July 1, 1997, who are in need, and who become ineligible after July 1, 1997, for federally funded assistance under the supplemental security income program, Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq. due solely to the restricted eligibility rules imposed by § 402(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (Public Laws 104-193) and as such section may hereafter be amended.

(b) Benefits under this program shall be provided only to such residents specified in subsection (a) who are aliens lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law and benefits shall not be provided to illegal or undocumented aliens.

(c) The income and resource rules, methodologies and limits shall be the same as those in the Supplemental Security Income Program, Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.

(d) The monthly amount of cash assistance shall be equal to the appropriate payment standard as provided in subsection (e) minus the countable income of the recipient in that month.

(e) The department is authorized and directed to make monthly payments of cash assistance to eligible recipients in accordance with the following standards of assistance:

(1) Institutionalized individuals, forty dollars ($40.00) per month;

(2) All other individuals, two hundred dollars ($200) per month.

(f) Individuals who are receiving a state supplementary assistance payment under § 40-6-27 on July 1, 1997, and who become ineligible for benefits under the supplemental security income program, Title XVI of the Social Security Act 42 U.S.C., § 1381 et seq., due solely to their immigrant status shall be deemed eligible for supplementary cash assistance under this section and shall begin to receive payment in the month following the last month in which supplemental security income benefits under § 40-6-27 are received.

(g) The department is directed to promulgate regulations to implement the supplementary cash assistance program including provisions relating to the determination of eligibility, and providing recipients with advanced written notification of a decision to reduce or terminate such benefits. Any notice of a decision to reduce or terminate benefits shall include an explanation of the reasons therefore, and the notice shall advise the recipient of a right to appeal under the Administrative Procedures Act, § 42-35-1 et seq.

History of Section.
(P.L. 1997, ch. 30, art. 34, § 3; P.L. 2006, ch. 216, § 17.)