71-2-203 - Eligibility for assistance. - Tennessee Statutes

71-2-203. Eligibility for assistance.

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

     (1)  (A)  Is sixty-five (65) years of age or older;

          (B)  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;

          (C)  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 such person's needs as determined by the department's standards; and

          (D)  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, 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; or

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

[Acts 1937, ch. 49, § 2; 1949, ch. 85, § 1; 1949, ch. 135, § 1; C. Supp. 1950, § 4765.19 (Williams, § 4765.18); Acts 1951, ch. 104, § 1; 1951, ch. 223, § 1; 1955, ch. 24, § 1; 1955, ch. 169, § 1; 1957, ch. 81, § 1; 1957, ch. 116, § 1; 1965, ch. 14, § 2; 1967, ch. 64, §§ 1, 2; 1970, ch. 369, § 1; 1974, ch. 628, § 2; T.C.A. (orig. ed.), §§ 14-203, 14-2-103.]