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Official Code of Georgia Annotated

Title 49. SOCIAL SERVICES · Chapter 4. PUBLIC ASSISTANCE · Article 1. GENERAL PROVISIONS

49-4-6. Reserves, income, and resources to be disregarded.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (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.#

  2. (b)

    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 Services, 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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1965, p. 385, § 14; Ga. L. 1967, p. 878, § 5; Ga. L. 1982, p. 3, § 49; Ga. L. 1987, p. 1435, § 1; Ga. L. 1990, p. 45, § 1; Ga. L. 1996, p. 804, § 3; Ga. L. 1999, p. 296, § 24; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2015, p. 5, § 49/HB 90.

Editor's notes

Ga. L. 1987, p. 1435, § 5(b), not codified by the General Assembly, provided: “Subsection (b) of Code Section 49-4-6, as amended by Section 1 of this Act, is repealed effective on the date on which the federal acts referenced herein or any federal regulations or interpretations of such act or regulations by the federal agency or a judicial decision binding on the State of Georgia are amended or changed to allow federal financial participation in AFDC payments which treat social security disability benefits or veterans’ benefits in the same manner as other child support payments.” Those provisions of Title IV of the federal Social Security Act relating to the child support disregard (42 U.S.C. § 602(a)(8)(A)(vi) ) were repealed by § 103 of P.L. 104-193, the “Personal Responsibility & Work Opportunity Reconciliation Act of 1996.”

Code Commission notes

Pursuant to Code Section 28-9-5, in 1996, “community trust” was substituted for “Community Trust” in subsection (c) (now (b)).

Law reviews

For article, “Special Needs Trusts: A Planning Tool with Promises,” see 16 (No. 2) Ga. St. B.J. 18 (2010).

Other notes

U.S. Code.
Titles IV, XVI, XIX, and XX of the federal Social Security Act, referred to in this Code section, are codified at 42 U.S.C. §§ 601 et seq., 1381 et seq., 1396 et seq., 1397 et seq., respectively.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t49-t50-ch1-12-(v38)-2023-pdf.pdf, Volume V38, 2023 edition, pages 73 to 74; merge action: carried; file SHA-256 b1a50b0e3917.