North Carolina General Statutes 108A-41. Eligibility
(a) Assistance shall be granted under this Part to all persons in adult care homes for care found to be essential in accordance with the rules and regulations adopted by the Social Services Commission and prescribed by N.C. Gen. Stat. § 108A-42(b). As used in this Part, the term “adult care home” includes a supervised living facility for adults with intellectual and developmental disabilities licensed under Article 2 of Chapter 122C of the N.C. Gen. Stat..
(b) Assistance shall be granted to any person who meets all of the following criteria:
(1) Meets one of the following:
a. Is 65 years of age or older.
b. Is between the ages of 18 and 65, and is permanently and totally disabled or is legally blind pursuant to N.C. Gen. Stat. § 111-11
Terms Used In North Carolina General Statutes 108A-41
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Has insufficient income or other resources to provide a reasonable subsistence compatible with decency and health as determined by the rules and regulations of the Social Services Commission; and.
(3) Is one of the following:
a. A resident of North Carolina for at least 90 days immediately prior to receiving this assistance.
b. Repealed by Session Laws 2014-100, s. 12D.1(c), effective November 1, 2014.
c. A person discharged from a State facility who was a patient in the facility as a result of an interstate mental health compact that requires the State to continue treating the person within the State. As used in this sub-subdivision the term State facility is a facility listed under N.C. Gen. Stat. § 122C-181
(c) When determining whether a person has insufficient resources to provide a reasonable subsistence compatible with decency and health, there shall be excluded from consideration the person’s primary place of residence and the land on which it is situated, and in addition there shall be excluded real property contiguous with the person’s primary place of residence.
(d) The county shall also have the option of granting assistance to Certain Disabled persons as defined in the rules and regulations adopted by the Social Services Commission. Nothing in this Part should be interpreted so as to preclude any individual county from operating any program of financial assistance 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; 2010-31, s. 10.19A(d); 2014-100, s. 12D.1(a)-(c); 2023-65, s. 1.2.)