CHAPTER 96 - STATE OLD AGE WELFARE COMMISSION PROVISIONS CONCERNING ASSISTANCE

AN ACT TO AMEND CHAPTER 54 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO THE STATE OLD AGE WELFARE COMMISSION.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 1609 Sec. 6 of Chapter 54 of the Revised Code of Delaware, 1935, as amended by Volume 41 Laws of Delaware, Chapter 124 thereof, be and the same is hereby amended by adding at the end of said Section a new and additional paragraph as follows, to wit:

"An old age person within the meaning of this Article who has been receiving assistance under the provisions of this Article and who shall remove from the State of Delaware shall be entitled to receive said assistance until such time as he or she shall establish eligibility for assistance in the State to which said person shall have removed."

Section 2. That 1610 Sec. 7 of Chapter 54 of the Revised Code of Delaware, 1935, as amended by Volume 41 Laws of Delaware, Chapter 124 thereof, be and the same is hereby amended by repealing and striking out all of said 1610 Sec. 7, as amended, and inserting in lieu thereof the following:

"1610 Sec. 7. Amount of Assistance Limited; Appeals: --The amount of assistance allowed in each case of an old age person shall be limited by the circumstances of such case as ascertained, after full and complete investigation, by the said Commission. The amount of assistance allowed in each case shall be determined by the Commission with due regard to the circumstances, but in no case shall it be an amount which, when added to the regular cash income of the old age person, including income from property or other sources, as ascertained by the Commission, will equal to or exceed Three Hundred and Sixty Dollars ($360.00) annually. In no case shall the amount of assistance allowed exceed Thirty Dollars ($30.00) monthly. Any applicant or recipient of assistance who is dissatisfied with the action of the Commission regarding his or her claim for assistance under this Article may appeal to the President of the Commission, and upon such appeal must be granted an opportunity for a fair hearing."

Section 3. That 1614 Sec. 11 of Chapter 54 of the Revised Code of Delaware, 1935, be and the same is hereby amended by repealing and striking out all of said 1614 Sec. 11 thereof and inserting in lieu thereof the following:

"1614 Sec. 11. No Other Assistance from State; Exception:--During the continuance in full of a certificate allowing assistance to an old age person, such person shall not receive any other assistance from the State, or from any political subdivision thereof, except for emergency medical or surgical treatment, and then only with the approval of the Old Age Welfare Commission, expenses for the same to be charged against the Relief Unit of the Commission."

Section 4. That 1626 Sec. 23 of Chapter 54 of the Revised Code of Delaware, 1935, as amended by Volume 41 Laws of Delaware, Chapter 124, be and the same is hereby amended by repealing and striking out all of said 1626 Sec. 23 thereof and inserting in lieu thereof the following:

"1626 Sec. 23. The Commission shall report to the Governor, within ninety (90) days of the end of each fiscal year, all expenditures made by it, or under its authority, and such other information regarding its procedure as will fully and clearly set forth all the particulars of such procedure, including the number of old age persons to whom certificates allowing assistance have been granted, classified as to men and women according to their color, the number of certificates cancelled, and the number of applications denied. It shall be the duty of the Commission also to report to the Federal Social Security Board, by virtue of cooperating with the Federal Social Security Act, and make such reports containing such information as the said Board may from time to time require."

Section 5. This Act shall become effective upon the approval by the Governor of the State of Delaware.

Approved April 24, 1945.