Tenn. Code § 71-4-104

Current through Acts 2023-2024, ch. 1069

Section 71-4-104 - Eligibility for assistance

Assistance shall be granted under this part to any blind person who:

(1) Is living within this state voluntarily and not for a temporary purpose, that is, with no intention of presently removing from the state; provided, that temporary absence from the state, with subsequent returns to the state or intent to return when the purposes of the absence have been accomplished, shall not, for the purpose of this part, interrupt continuity of residence;

(2) Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health, and whose spouse is not able to meet the person's needs as determined by the department's standards;

(3) Is not an inmate of any public institution at the time of receiving assistance, nor of any private institution at the time of receiving assistance, except such private institution as has been approved by the department. An inmate of any institution may, however, make application for such assistance;

(4) Within five (5) years immediately preceding application or during receipt of assistance, has not in order to evade any provision of this part made an assignment or transfer of property, the proceeds from which at the fair market value, irrespective of the actual consideration received, would under the state standards of need still be available to meet the needs of the individual. Any transfer of property to a husband, wife, son, daughter, son-in-law, daughter-in-law, brother, sister, brother-in-law, sister-in-law, nephew or niece, within the period above mentioned, shall be prima facie evidence that the transfer was made with the intent to evade the provisions of this part;

(5) Is not receiving at the same time old-age assistance;

(6) Shall not during the period of assistance refuse treatment if the examining ophthalmologist certifies that such treatment will restore, or partially restore, eyesight; or

(7) Was receiving aid to the blind benefits during the month of December, 1973, and is now qualified under Public Law 93-66 to continue to receive a state money payment as a supplement to the federally-provided supplemental security income benefits.

T.C.A. § 71-4-104

Acts 1937, ch. 51, § 3; 1939, ch. 166, § 2; 1949, ch. 134, § 1; 1949, ch. 171, § 1; C. Supp. 1950, § 4765.60 (Williams, § 4765.59); Acts 1951, ch. 233, § 1; 1955, ch. 32, § 1; 1955, ch. 168, § 1; 1957, ch. 81, § 4; 1957, ch. 116, § 3; 1965, ch. 16, § 2; 1967, ch. 63, §§ 1, 2; 1970, ch. 370, § 1; 1972, ch. 506, § 3; 1974, ch. 628, § 15; T.C.A. (orig. ed.), §§ 14-504, 14-13-104.