The Vermont Statutes Online

Title 33: Human Services

Chapter 013: Aid to the Aged, Blind, and Disabled

• § 1301. Eligibility requirements—general

  To be eligible for State aid to the aged, blind, or disabled, in addition to the requirements in sections 1301-1303 of this chapter governing eligibility for a specific program, an individual shall:

  (1) Be a resident of this State when the person applies.

  (2) Not have made a voluntary assignment or transfer of property or income for the purpose of qualifying, nor shall the individual’s spouse have made a voluntary assignment or transfer of property or income for the purpose of qualifying the individual.

  (3) Be a recipient of federal Supplemental Security Income, if eligible.

  (4) Not have sufficient income or other resources to provide a reasonable subsistence compatible with decency and health, and not be receiving or able to secure support from persons legally responsible for the individual’s support. In determining whether the income of an applicant for or a recipient of aid is sufficient, the Department for Children and Families may disregard, within the limits of available funds, income used to further the purposes of rehabilitation and self-support. (Added 1967, No. 147, § 3; amended 1969, No. 256 (Adj. Sess.), § 4, eff. April 6, 1970; 1973, No. 75, § 1, eff. January 1, 1974; 1973, No. 152 (Adj. Sess.), § 16, eff. April 14, 1974; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 85; 2021, No. 20, § 288.)

• § 1302. State aid to the aged

  State aid to the aged shall be granted to an individual who meets the eligibility requirements of section 1301 of this title and who in addition:

  (1) has attained 65 years of age; and

  (2) is not a patient in a public institution, except a public medical institution. (Added 1967, No. 147, § 3; amended 1969, No. 256 (Adj. Sess.), § 7(b), eff. April 6, 1970; 1973, No. 75, § 2, eff. January 1, 1974; 2021, No. 20, § 289.)

• § 1303. State aid to the disabled

  (a) State aid to the disabled shall be granted to an individual who meets the eligibility requirements of section 1301 of this title and who in addition:

  (1) is permanently and totally disabled as defined in Title XVI of the Social Security Act, as amended; and

  (2) is not, at the date of receiving aid, an inmate of any public institution.

  (b) An individual is also considered disabled for purposes of this chapter if the individual was disabled as defined under this chapter and the rules in effect under this chapter on December 31, 1973 and received aid under this chapter for December 1973, provided the individual has been, since that time, continuously disabled. (Added 1967, No. 147, § 3; amended 1973, No. 75, § 3, eff. January 1, 1974; 1973, No. 171 (Adj. Sess.), § 1; 2013, No. 131 (Adj. Sess.), § 35, eff. May 20, 2014; 2021, No. 20, § 290.)

• § 1304. State aid to the blind

  (a) State aid to the blind shall be granted to an individual who meets the eligibility requirements of section 1301 of this title and in addition:

  (1) is blind as defined in Title XVI of the Social Security Act, as amended; and

  (2) is not, at the date of receiving aid, an inmate of any public institution.

  (b) An individual is also considered blind for purposes of this chapter if the individual was blind as defined under this chapter and the rules in effect under this chapter on December 31, 1973 and received aid under this chapter for December 1973, provided the individual has been, since that time, continuously blind. (Added 1967, No. 147, § 3; amended 1969, No. 256 (Adj. Sess.), § 7(b), eff. April 16, 1970; 1973, No. 75, § 4, eff. January 1, 1974; 2013, No. 131 (Adj. Sess.), § 36, eff. May 20, 2014; 2021, No. 20, § 291.)

• § 1305. Disqualifications

  State aid to the aged, blind, and disabled shall not be granted to any individual who has real or personal property in excess of that permitted for eligibility for Supplemental Security Income under the Social Security Act as amended. (Added 1967, No. 147, § 3; amended 1973, No. 171 (Adj. Sess.), § 2; 2021, No. 20, § 292.)

• § 1306. Application and investigation

  Applications for State aid to the aged, blind, or disabled may be made at any office of the Department for Children and Families. Upon receipt of an application, the Commissioner for Children and Families shall investigate and prescribe the amount of the grant to be given, if any. No individual shall receive more than one type of grant or aid under this chapter. (Added 1967, No. 147, § 3; amended 1973, No. 75, § 5, eff. January 1, 1974; 1973, No. 152 (Adj. Sess.), § 17, eff. April 14, 1974; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 86; 2021, No. 20, § 293.)

• § 1307. Amount of State aid

  The amount of State aid to which an eligible individual is entitled shall be determined with due regard to the income, resources, and maintenance available to the individual and, when an eligible individual lives with the individual’s ineligible spouse or a needy essential person, or both, as defined by the Commissioner, with due regard to the needs of the ineligible spouse and with due regard to the needs, income, and resources of the needy essential person. To the extent funds are available, aid shall provide a reasonable subsistence compatible with decency and health. The Commissioner for Children and Families may by rule fix maximum amounts of aid and take measures to ensure that the expenditures for the programs shall not exceed the funds provided for them. (Added 1967, No. 147, § 3; amended 1973, No. 75, § 6, eff. January 1, 1974; 1973, No. 152 (Adj. Sess.), § 18, eff. April 14, 1974; 1977, No. 186 (Adj. Sess.); 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 87; 2021, No. 20, § 294.)

• § 1308. Rules

  In fixing standards and adopting rules under this chapter, the Commissioner for Children and Families shall be guided by the statutory standards set forth in this chapter, which standards shall not be deemed necessarily to incorporate by reference decisional or statutory law applicable to the aid to the aged, blind, and disabled program in effect prior to January 1, 1974. (Added 1973, No. 75, § 7, eff. January 1, 1974; amended 1973, No. 152 (Adj. Sess.), § 19, eff. April 14, 1974; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 88; 2021, No. 20, § 295.)

• § 1309. Agreements

  (a) The Secretary of Human Services may enter into agreements by which an agency of the federal government or other public or private entity administers any or all parts of the State aid to the aged, blind, and disabled program.

  (b) In cases in which the Secretary enters into such agreements with an agency of the federal government, any requirement set forth in this chapter that is inconsistent with the statutes and regulations of the federal government regarding federal administration of State supplementation of benefits under Title XVI of the Social Security Act shall be waived.

  (c) The Secretary shall monitor the performance of the agency of the federal government or other public or private entity administering any or all parts of the State aid to the aged, blind, and disabled program. In the event the Secretary determines, in the Secretary’s best judgment, that administration by an agency of the federal government or other public or private entity is not in the best interests of the citizens of Vermont, the Secretary is hereby authorized to terminate such agreements.

  (d) The Department shall, upon request of any individual, provide information or assist that individual in transactions with the federal agency or other public or private entity administering any or all parts of the State aid to the aged, blind, and disabled program. (Added 1973, No. 171 (Adj. Sess.), § 3; amended 1995, No. 178 (Adj. Sess.), § 305; 2021, No. 20, § 296.)