§ 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.)