§ 108A-41. Eligibility.
§ 108A‑41. Eligibility.
(a) Assistance shall be granted under this Part to all personsin adult care homes for care found to be essential in accordance with the rulesand regulations adopted by the Social Services Commission and prescribed byG.S. 108A‑42(b). As used in this Part, the term "adult carehome" includes a supervised living facility for developmentally disabledadults licensed under Article 2 of Chapter 122C of the General Statutes.
(b) Assistance shall be granted to any person who:
(1) Is 65 years of age and older, or is between the ages of 18and 65 and is permanently and totally disabled; and
(2) Has insufficient income or other resources to provide areasonable subsistence compatible with decency and health as determined by therules and regulations of the Social Services Commission; and
(3) Is one of the following:
a. A resident of North Carolina for at least 90 daysimmediately prior to receiving this assistance;
b. A person coming to North Carolina to join a close relativewho has resided in North Carolina for at least 180 consecutive days immediatelyprior to the person's application. The close relative shall furnishverification of his or her residency to the local department of social servicesat the time the applicant applies for special assistance. As used in this sub‑subdivision,a close relative is the person's parent, grandparent, brother, sister, spouse,or child; or
c. A person discharged from a State facility who was a patientin the facility as a result of an interstate mental health compact. As used inthis sub‑subdivision the term State facility is a facility listed underG.S. 122C‑181.
(c) When determining whether a person has insufficient resourcesto provide a reasonable subsistence compatible with decency and health, there shallbe excluded from consideration the person's primary place of residence and theland on which it is situated, and in addition there shall be excluded realproperty contiguous with the person's primary place of residence in which theproperty tax value is less than twelve thousand dollars ($12,000).
(d) The county shall also have the option of granting assistanceto Certain Disabled persons as defined in the rules and regulations adopted bythe Social Services Commission. Nothing in this Part should be interpreted soas to preclude any individual county from operating any program of financialassistance using only county funds. (1949, s. 1038, s.2; 1961, c. 186; 1969, c. 546, s. 1; 1973, c. 717, s. 1; 1977, 2nd Sess., c.1252, s. 1; 1979, c. 702, s. 8; 1981, c. 275, s. 1; c. 849, s. 1; 1983, c. 14,s. 2; 1995, c. 535, s. 5; 1997‑210, s. 1; 2001‑209, s. 3.)