CHAPTER 781

An Act to amend and reenact §§ 68-115, 68-116, 68-118, 68-119, 68-
128, 68-127, 68-127.1, 68-182, 68-140.5, 68-140.9, 63-141, 68-142, 68-
144, 68-145, 68-149, 68-179, 63-180, 68-181, 68-188, 68-187, 68-191,
63-208, 68-209, 63-214, and 63-216, as severally amended, of the Code
of Virginia, relating to determination of amount of and eligibility
and application for certain types of assistance; respective authority
and responsibility of State Board, local board, Commissioner and local
superintendent in the administration of certain welfare programs;
and priority of liens resulting therefrom in certain cases. H 415)

[

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:
1. That §§ 63-115, 63-116, 63-118, 63-119, 63-123, 63-127, 63-127.1, 63-
182, 63-140.5, 63- 140. 9, 63-141, 63- 142, 63-144, 63- 145, 63-149, 63- 179,
63-180, 63-181, 63-183, 63-187, 63-191, 63-208, 63-209, 63-214 and 63-
216, of the Code of Virginia be amended and reenacted as follows:

§ 63-115. Eligibility for assistance—-An aged person shall be
eligible for assistance if he

(a) Has attained the age of sixty-five years;

(b) Has continuously resided in Virginia for one year immediately
preceding the date of application for such assistance or, continually re-
sided in Virginia for one year immediately preceding his departure from
this State and has not resided in his new state of residence long enough
to meet such eligibility requirements therein at the time of making such
application provided however that assistance outside the State shall not
continue longer than one year;

(c) Is needy and is in need of public assistance, *

(d) Is not an inmate of or being maintained by any county, munic-
ipal, state, or national institution at the time of receiving such assistance
(except a patient in a public medical institution) ; such an inmate may
however make application for old age assistance, but such assistance, if
granted shall not begin until after he ceases to be such inmate; provided
that in the event the Federal Social Security Act or other appropriate
federal statutes are so amended as to permit funds appropriated by Con-
gress to be used for assistance to aged persons who are inmates of public
institutions, then being an inmate of such such institution shall not dis-
qualify any such person for assistance ;

(e) Has not made an assignment or transfer of property so as to
render himself eligible for old age assistance under this law at any time
within five years immediately prior to the filing of the application for
such assistance.

x k &

§ 63-116. Application for assistance.—Application for assistance
under this chapter shall be made to the local board, and filed with the
local superintendent, of the county or city in which the applicant re-
sides. In the case of an applicant who has established residence in an-
other state, such application shall be made to the local board and filed
with the local superintendent, of the county or city in which such person
resided immediately preceding his departure from this State. The ap-
plication shall be in writing on forms prescribed by the Commissioner,
and shall be signed by the applicant. Such application shall contain
a statement of the amount of property, real and personal, in which the
applicant has an interest, and of all income which he may have at the
time of filing the application, and such other information as the Com-
missioner may require. The Commissioner may by rule or regulation re-
quire the local boards to have all such applications made in duplicate
and to transmit such duplicate copies to the Commissioner.

§ 63-118. Decision of local board that applicant entitled to assist-
ance.—Upon completion of the investigation and within thirty days of
the receipt of such application, the local board shall determine whether
the applicant is eligible for assistance under the provisions of this
chapter, and, if eligible, the amount of such assistance and the date upon
which such assistance shall begin. If the local board approves the pay-
ment of assistance, such assistance shall thereupon, until changed, modi-
fied or revoked, be paid as hereinafter provided.

If the local board does not act upon any such application within
thirty days of the receipt thereof or, if the circumstances require im-
mediate assistance to prevent hardship, the local superintendent may
provide necessary assistance pending determination by the local board.

§ 63-119. Determination of amount of assistance.—The amount of
assistance which any person shall receive as aid to the permanently and
totally disabled or the amount of assistance which any person shall re-
ceive under provisions of this chapter shall be determined with due re-
gard to the property and income of the person and any support which
he * receives from other sources, including assistance from persons
legally responsible for his support, the necessary expenditures of the
individual and the conditions existing in each case, and in accordance
with rules and regulations made by the State Board.

In determining the income of and support vpailable to a person, the
amount of income required to be exempted by federal statute, or if the
federal statute makes such exemption permissive, then such portion
thereof as may be determined by the State Board shall not be considered
in determining the amount of assistance any person may receive under
this law

Under conditions specified by the State Board, court-ordered sup-
port payments may be disregarded in determining the amount of assist-
ance which any person shall receive; provided, however, that in such
event, such payments, when received, shall be counted as refunds with
regard to such assistance payments.

In making rules and regulations governing the amount of assistance
which any person shall receive under the provisions of this chapter, the
Board shall give due consideration to significant differences in living
costs in the various counties and cities and shall establish or approve
such variations in monetary assistance standards as may be appropriate
in order to achieve the highest practical degree of equity in public
assistance grants. *

In the event there is any county or city in which reasonably ade-
quate housing cannot be secured by all local recipients of assistance under
this chapter within such limits as may be established on a State-wide
basis by rule and regulation of the State Board, the said Board may
establish a higher amount or limit for rent and other housing cost for
use in determining assistance payments in such county or city, and that
part of any assistance grant which is the equivalent of the allowance for
rent and other housing cost in excess of the State-wide maximum allowance
may be paid from local funds without State reimbursement.

§ 63-123. Reconsideration; cancellation, suspension or changes in
amount of assistance.—(a) All assistance grants made under this chapter
shall be reconsidered by the local board as frequently as may be required
by the rules and regulations of the Commissioner and at such other times
as the local board shall deem proper. After such further investigation
as the local board may deem necessary, or the Commissioner may re-
quire, the amount of assistance may be changed, or assistance may be
entirely withdrawn if the local board finds that the recipient’s circum-
stances have altered sufficiently to warrant such action.

(b) The local board may at any time cancel and revoke assistance
for cause, and it may for cause suspend assistance for such period as it
may deem proper.

(b1) If the local board does not act within thirty days of the re-
ceipt of information affecting the amount of assistance or the eligibtlity
therefor as to any recipient, or if the circumstances require tmmediate
action, the local superintendent may make necessary adjustments in the
amount of assistance or suspend further assistance to any such individual
pending action by the local board.

(c) Whenever assistance is thus withdrawn, revoked, suspended or
in any way changed, the local board shall at once notify the applicant
or recipient involved and shall, if required by rule or regulation of the
Commissioner, report to the Commissioner the decision of the local board
and a record of its investigation.

All such changes shall be subject to appeal to and review by
the State Board as provided in §§ 63-131 to 63-134.

§ 63-127. Lien on property of recipient; recovery from estate of
recipient.—Each local board of public welfare shall, for each recipient
theretofore or thereafter approved for assistance * who owns real estate,
prepare and acknowledge as deeds are acknowledged a notice showing
the name of such recipient, the rate of the grant and intervals of pay-
ment and the date of the first payment, and shall file the same in the
office of the clerk of the court in which deeds are admitted to record
in the county or city in which the real estate is located. The clerk of
court shall docket this notice as a judgment is docketed, indicating
the type of assistance received, in the current judgment lien docket, in-
dexing it in the name of the recipient and in the name of the local board.
In the event a portion or all of the assistance theretofore received by the
recipient shall be repaid, the local board shall prepare, acknowledge and
file in the same court a notice, showing the name of recipient, the total
of assistance theretofore received by the recipient and not repaid, the
date of the first payment thereafter, and the rate of the grant and in-
tervals of payment from that date. The clerk of court shall docket this
notice as a judgment is docketed, indicating the type of assistance re-
ceived, in the current judgment lien docket, indexing it in the name of the
recipient and in the name of the local board, and shall mark the docket
where the previous notice was docketed to indicate that it has been super-
seded. The clerk of the court shall receive for his services the regular
fee allowed for docketing judgments in his office and the Welfare Depart-
ment is hereby authorized to pay such fee from its administrative fund.
The filing of a notice under the provisions of this section shall create a
lien against all real property of the recipient lying within the county or
city wherein the notice is filed in favor of the local board; provided,
however, that no such lien shall be enforced so long as such recipient
is eligible for assistance. Upon death of any recipient, the local board
of welfare having reason to believe that such recipient died possessed of
property, either real or personal, from which reimbursement may be had,
shall file notice with the clerk of the court as hereinabove provided.
The filing of such notice shall create a lien against the estate, both real
and personal, of such recipient, prior to all other claims except prior
liens, claims for expenses incurred by the recipient within sixty days of
the date of death for shelter, clothing and food and except funeral ex-
penses not in excess of * three hundred dollars, and except hospital
bills, doctors’ bills and medical expenses not in excess of one hundred
fifty dollars. Nothing contained herein shall affect the operation of
§ 63-128.
xk &

§ 63-127.1. Execution of deeds of trust by recipients; redemption
and foreclosure.—Notwithstanding the provisions of § 63-127, each local
board of public welfare may, in lieu of filing the notices prescribed in
§ 63-127, require each recipient who is approved for assistance * who
owns real estate, to execute a deed of trust on all such real estate to secure
the local board for all payments of assistance thereafter made to such
recipient. The local board shall cause such deed of trust to be recorded
in the office of the clerk of the court in which deeds are admitted to
record in the county or city in which such real estate is located. No
recordation tax shall be charged upon such instrument, but the clerk shall
be entitled to the recordation fee, and the welfare department is hereby
authorized to pay such fee from its administrative fund.

Whenever the amount secured by the deed of trust herein provided
for has been paid, the owner of the property shall be entitled to a deed
of release at his own expense, provided no fee in excess of five dollars
shall be collected from the owner on account of the preparation and
execution of such deed of release.

No foreclosure shall be made under the deed of trust herein provided
for so long as such recipient is eligible for assistance. Upon the death
of any recipient, unless the amount secured thereby shall be paid within
12 months from such date, the local board shall direct the trustee to
sell the property, or so much thereof as may be necessary to satisfy the
debt, which sale shall be pursuant to the provisions of § 55-59 of the
Code of Virginia, or in accordance with the provisions of the deed of
trust relating to the procedure in case of sale. The lien created by such
deed of trust shall be prior to all other claims except prior liens, claims
for expenses incurred by the recipient within sixty days of the ‘date of
death for shelter, clothing and food and except funeral expenses not in
excess of * three hundred dollars, and except hospital bills, doctors’
bills and medical expenses not in excess of one hundred fifty dollars.

Nothing herein contained shall affect the operation of § 63-128. *

The execution of such deed of trust by the recipient shall not pro-
hibit the local board from filing, at any time, the notice or notices per-
mitted under § 63-127 for the purpose of obtaining a lien upon any
property of the recipient, real or personal, not included in the deed of
trust, and enforcing the lien or liens created by the filing of such notices.

§ 63-132. Action by State Board on appeal.—The State Board shall
provide upon request an opportunity for a fair hearing, reasonable notice
of which shall be given in writing to the applicant or recipient and to
the proper local board in such manner and form as the State Board may
prescribe. The State Board shall if it deems proper make or cause to be
made an investigation of the facts. The State Board shall give fair and
impartial consideration to the testimony of witnesses, or other evidence
produced at the hearing, reports of investigations of the local board and
local superintendent or of investigations made or caused to be made by
the State Board, or any other facts which the State Board may deem
proper to enable it to decide fairly the appeal or review. The Board
may, from time to time as it deems appropriate, appoint a committee
consisting of any three of its members to consider and make final deter-
minations on any such appeal or review. It may also delegate such duty
and authority to the Public Welfare Advisory Board.

§ 63-140.5. Determination of local board whether applicant entitled
to assistance; amount of assistance.—Upon completion of the investiga-
tion and within thirty days of the receipt of such application, the local
board shall determine whether the applicant is eligible for assistance
under the provisions of this chapter, and, if eligible, authorize the pay-
ment of such assistance within such limitations as are prescribed by the
State Board. The amount of assistance shall be determined on the basis
of income levels and other pertinent considerations as may be stip-
ulated by rules and regulations made by the State Board. In determining
eligibility and amounts of assistance payments under this chapter the
local board shall not be required to ascertain the ability of legally re-
sponsible relatives of applicants to pay or assist in paying for the needed
medical care, but any such help actually available from this or any other
source shall be taken into account.

If the local board does not act upon any such application within
thirty days of the receipt thereof or, if the circumstances require tm-
mediate assistance to prevent hardship, the local superintendent may
provide necessary assistance pending determination by the local board.

Immediately upon making its decision the local board shall notify
the applicant, in writing, stating the full particulars thereof.

§ 63-140.9. Action by State Board on appeal.—The State Board shall
provide upon request an opportunity for a fair hearing, reasonable notice
of which shall be given in writing to the applicant or recipient and to
the proper local board in such manner and form as the State Board may
prescribe. The State Board shall if it deems proper make or cause to be
made an investigation of the facts. The State Board shall give fair and
impartial consideration to the testimony of witnesses, or other evidence
produced at the hearing, reports of investigations of the local board and
local superintendent or of investigations made or caused to be made by
the State Board, or any other facts which the State Board may deem
proper to enable it to decide fairly the appeal or review. The Board
may, from time to time as it deems appropriate, appoint a committee
consisting of any three of its members to consider and make final deter-
minations on any such appeal or review. It may also delegate such duty
and authority to the Public Welfare Advisory Board. -

§ 63-141. Eligibility for aid—A dependent child shall be eligible
for aid to dependent children if such child:

(a) Has not attained the age of sixteen years, or if regularly at-
tending school has not attained the age of twenty-one years;

(b) Has resided in this State for one year immediately preceding
the application for such aid, or was born within one year immediately
preceding the application, if the parent or other relative with whom
the child is living has resided within this State for one year immediately
preceding such birth or if such child has moved to another state, but
has not met residence eligibility requirements for necessary assistance
therein, provided such child met the prescribed eligibility requirements
prior to moving from this State; provided however that assistance outside
the State shall not continue longer than one year;

(c) Is deprived of parental support or care by reason of the death,
continued absence from home, or physical or mental incapacity of a parent;

(d) Is living with his father, mother, grandfather, grandmother,
brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle or
aunt in a place of residence maintained by one or more of such relatives
as his or their own home; provided that in the event the Federal Social
security Act or other appropriate federal statutes are so amended as to
permit funds appropriated by Congress to be used for aid to dependent
children living elsewhere than in such residence or home, then living in
such residence or home shall not be necessary to qualify such child for
aid; an

(e) Is needy and in need of public assistance.

§ 63-142. Application for aid.—Application for aid to a dependent
child under this chapter shall be made to the local board, and filed with
the local superintendent, of the county or city in which the dependent
child resides. In the case of a child who has moved to another state, such
application shall be made in his behalf to the local board and filed with
the local superintendent, of the county or city in which such child
resided immediately preceding his departure from this State. The ap-
plication shall be in writing on forms prescribed by the Commissioner,
and shall be signed by the person having custody of the dependent child.
Such application shall contain such information as the Commissioner
may require. The Commissioner may by rule or regulation require the
local boards to have all such applications made in duplicate and to trans-
mit such duplicate copies to the Commissioner. One application may be
made for several dependent children of the same family if they reside
with the same person.

§ 63-144. Decision of local board that child entitled to aid.—Upon
completion of the investigation and within thirty days of the receipt of
such application, the local board shall determine whether the child is
eligible for aid under the provisions of this chapter, and, if eligible, the
amount of such aid and the date upon which such aid shall begin. If
the local board approves the payment of aid, such aid shall thereupon,
until changed, modified or revoked, be paid as hereinafter provided.

If the local board does not act upon any such application within
thirty days of the receipt thereof or, if the circumstances require im-
mediate assistance to prevent hardship, the local superintendent ma
provide necessary assistance pending determination by the local board.

§ 63-145. Determination of amount of aid.—The amount of aid
which any dependent child shall receive shall be determined with due
regard to the property and income of such child and any support which
he * receives from other sources, including assistance from persons
legally responsible for his support, the necessary expenditures of or for
such child and the conditions existing in each case, and in accordance
with rules and regulations made by the State board. *

In determining the income of and support available to a person, the
amount of income required to be exempted by federal statute, or if the
federal statute makes such exemption permissive, then such portion thereof
as may be determined by the State Board shall not be considered tn
determining the amount of assistance any person may receive under this

law.

Under conditions specified by the State Board, court-ordered sup-
port payments may be disregarded in determining the amount of as-
sistance which any person shall receive; provided, however, that in such
event, such payments, when received, shall be counted as refunds with
regard to such assistance payments. It shall be sufficient, when added to
all other income and support of such child, to provide such child with a
reasonable subsistence.

In making rules and regulations governing the amount of assistance
which any person shall receive under the provisions of this chapter, the
Board shall give due consideration to significant differences in living
costs in the various counties and cities and shall establish or approve
such variations in monetary assistance standards as may be appropriate
in order to achieve the highest practical degree of equity in public as-
sistance grants. *

In the event there is any county or city in which reasonably ade-
quate housing cannot be secured by all local recipients of assistance
under this Chapter within such limits as may be established on a State-
wide basis by rule and regulation of the State Board, the said Board
may establish a higher amount or limit for rent and other housing cost
for use in determining assistance payments in such county or city, and
that part of any assistance grant which is the equivalent of the allow-
ance for rent and other housing cost in excess of the State-wide maximum
allowance may be paid from local funds without State reimbursement.

§ 63-149. Reconsideration; cancellation, suspension or changes in
amounts of aid.—(a) All aid to dependent children grants made under
this chapter shall be reconsidered by the local board as frequently as
may be required by the rules and regulations of the State Board and
at such other times as the local board shall deem proper. After such
further investigation as the local board may deem necessary, or the State
Board may require, the amount of aid may be changed, or aid may be
entirely withdrawn if the local board finds that the child’s circumstances
have altered sufficiently to warrant such action.

(b) The local board may at any time cancel and revoke aid to de-
pendent children for cause and it may for cause suspend aid for such
period as it may deem proper.

(b1) If the local board does not act within thirty days of the receipt
of information affecting the amount of assistance or the eligibility there-
for as to any recipient, or if the circumstances require immediate
action, the local superintendent may make necessary adjustments in the
amount of assistance or suspend further assistance to any such individual
pending action by the local board.

(c) Whenever aid is thus withdrawn, revoked, suspended or in any
way changed, the local board shall at once notify the person having the
custody of the child, and, if the State Board shall by rule or regulation
so require, the local board shall report to the Commissioner the decision
of the local board and a record of its investigation.

(d) All such changes shall be subject to appeal to and review by
the State Board as provided in §§ 63-153 to 63-156.
8 63-179. Eligibility for aid—A blind person shall be eligible for
aid to the blind if he:

(a) Has, with correcting glasses, twenty/two hundredths vision or
less, in the better eye;

(b) Has continuously resided in Virginia for one year immediately
preceding the date of application for aid to the blind or, continually re-
sided in Virginia for one year immediately preceding his departure from
the State and has not resided in his new state of residence long enough
to meet such eligibility requirements therein at the time of making such
application; provided however that assistance outside the State shall not
continue longer than one year;

(c) Is needy and is in need of public assistance ;

(d) Is not an inmate of or being maintained by any county, munic-
ipal, State or national institution at the time of receiving aid to the blind
(except a patient in public medical institution) ; such an inmate may how-
ever make application for such aid, but such aid, if granted, shall not
begin until after he ceases to be such inmate; provided that in the event
the Federal Social Security Act or other appropriate federal statutes are
so amended as to permit funds appropriated by Congress to be used for
aid to blind persons who are inmates of public institutions, then being
an inmate of any such institution shall not disqualify any such person
for aid; and

(e) Has not made an assignment or transfer of property so as to
render himself eligible for aid to the blind under this law at any time
within five years immediately prior to the filing of the application for
such aid.

§ 63-180. Applications for aid.—Applications for aid to the blind
under this law shall be made to the local board, and filed with the local
superintendent, of the county or city in which the applicant resides. In
the case of an applicant who has established residence in another state,
such application shall be made to the local board and filed with the local
superintendent, of the county or city in which such person resided im-
mediately preceding his departure from this State. The application shall
be in writing on forms prescribed by the secretary, and shall be signed
by the applicant. Such application shall contain a statement of the
amount of property, real and personal, in which the applicant has an
interest, and of all income which he may have at the time of filing
the application, and such other information as the secretary may require.
The Commission may by rule or regulation require the local boards to
have all such applications made in duplicate and to transmit such duplicate
copies to the secretary.

§ 63-181. Procedure upon receipt of application—Upon receipt of
the application for aid to the blind and within thirty days of the receipt
of such application, the local board shall require the local superintendent
to make a prompt investigation and record of the circumstances of the
applicant to determine the completeness and correctness of the state-
ments contained in the application, and to ascertain the facts supporting
the application, and such other information as it may deem proper or
which may be required by the secretary. Upon completion of his investiga-
tion the local superintendent shall submit his findings and recommenda-
tions in writing to the local board.

If the local board does not act wpon any such application within
thirty days of the receipt thereof or, if the circumstances require im-
mediate assistance to prevent hardship, the local superintendent may
provide necessary assistance pending determination by the local board.

§ 63-183. Determination of amount of aid.—The amount of aid
which any blind person shall receive shall be determined with due re-
gard to the property and income of the blind person and any support
which he * receives from other sources, including assistance from per-
sons legally responsible for his support, the necessary expenditures of
the individual and conditions existing in each case, and in accordance
with the rules and regulations made by the Commission. * In determin-
ing the income of and support available to a person, the amount of tn-
come required to be exempted by federal statute, or if the federal statute
makes such exemption permissive, then such portion thereof as may
be determined by the Commission shall not be considered in determining
the amount of assistance which any person may receive. The determina-
tion of need shall also be in accordance with rules and regulations made
by the Commission and shall be sufficient, when added to all other in-
come and support of the recipient to provide such blind person with a
reasonable subsistence.

In the event there is any county or city in which reasonably ade-
quate housing cannot be secured by all local recipients of assistance under
this chapter within such limits as may be established on a State-wide
basis by rule and regulation of the Commission, the said Commission may
establish a higher amount or limit for rent and other housing cost for
use in determining assistance payments in such county or city, and that
part of any assistance grant which is the equivalent of the allowance for
rent and other housing cost in excess of the State-wide maximum
allowance may be paid from local funds without State reimbursement.

Under the conditions specified by the State Board, court-ordered sup-
port payments may be disregarded in determining the amount of assist-
ance which any person shall receive; provided, however, that in such
event, such payments, when received shall be counted as refunds with
regard to such assistance payments.

§ 63-187. Reconsideration; cancellation, suspension or changes in
amount of aid.—(a) All aid to the blind grants made under this law
shall be reconsidered by the local board as frequently as may be required
by the rules and regulations of the Commission and at such other times
as the local board shall deem proper. After such further investigation
as the local board may deem necessary, or the Commission may require,
the amount of aid to any blind person may be changed, or such aid may
be entirely withdrawn if the local board finds that the recipient’s cir-
cumstances have altered sufficiently to warrant such action.

(b) The local board may at any time cancel and revoke aid to the
blind for cause and it may for cause suspend aid for such period as it
may deem proper.

(b1) If the local board does not act within thirty days of the receipt
of information affecting the amount of assistance or the eligibility there-
for as to any recipient, or if the circumstances require immediate action,
the local superintendent may make necessary adjustments in the amount
of assistance or suspend further assistance to any such individual pend-
ing action by the local board.

(c) Whenever aid to the blind is thus withdrawn, revoked, suspended
or in any way changed, the local board shall at once notify the applicant or
recipient involved and shall, if the Commission shall by rule or regulation
so require, report to the secretary the decision of the local board and a
record of its investigation.

(d) All such changes shall be subject to appeal to and review by the
Commission as provided in §§ 63-195 to 63-198.

§ 63-191. Lien on property of recipient; recovery from estate
of recipient.—Each local board of public welfare shall, for each
recipient theretofore or thereafter approved for aid * who owns real
estate, prepare and acknowledge as deeds are acknowledged a notice show-
ing the name of such recipient, the rate of the grant and intervals of
payment and the date of the first payment, and shall file the same in the
office of the clerk of the court in which deeds are admitted to record in the
county or city in which the real estate is located. The clerk of court shall
docket this notice as a judgment is docketed indicating the type of aid
received, in the current judgment lien docket, indexing it in the name of the
recipient and in the name of the local board. In the event a portion or all
of the aid theretofore received by the recipient shall be repaid, the local
board shall prepare, acknowledge and file in the same court a notice,
showing the name of recipient, the total of aid theretofore received by
the recipient and not repaid, the date of the first payment thereafter, and
the rate of the grant and intervals of payment from that date. The clerk of
court shall docket this notice as a judgment is docketed, indicating the type
of aid received, in the current judgment lien docket, indexing it in the
name of the recipient and in the name of the local board, and shall mark
the docket where the previous notice was docketed to indicate that it has
been superseded. The clerk of the court shall receive for his services the
regular fee allowed for docketing judgments in his office and the Welfare
Department is hereby authorized to pay such fee from its administrative
fund. The filing of a notice under the provisions of this section shall create
a lien against all real property of the recipient lying within the county or
city wherein the notice is filed in favor of the local board; provided, how-
ever, that no such lien shall be enforced so long as such recipient is eligible
for assistance. Upon death of any recipient, the local board of welfare
having reason to believe that such recipient died possessed of property,
either real or personal, from which reimbursement may be had, shall file
notice with the clerk of the court as hereinabove provided. The filing of
such notice shall create a lien against the estate, both real and personal,
of such recipient, prior to all other claims except prior liens, claims for
expenses incurred by the recipient within sixty days of the date of death
for shelter, clothing and food and except funeral expenses not in excess of
* three hundred dollars, and except hospital bills, doctors’ bills and
medical expenses not in excess of one hundred fifty dollars. Nothing
contained herein shall affect the operation of § 63-192.

&

§ 63-208. Decision by local board that applicant entitled to relief.—
Upon completion of the investigation and within thirty days of the recetpt
of such application the local board shall determine whether the applicant
is eligible for general relief under the provisions of this law, and, if eligible,
the amount of such general relief and the date upon which such general
relief shall begin. If the local board approves the payment of general relief,
such general relief shall thereupon, until changed, modified, or revoked, be
paid as hereinafter provided. If the local board does not act upon any
such application within thirty days of the receipt thereof or, if the circum-
stances require immediate assistance to prevent hardship, the local super-
antendent may provide necessary assistance pending determination by
the local board.

§ 63-209. Determination of amount of relief.—The amount of gen-
eral relief which any person shall receive shall be determined with due
regard to the property and income of the person and any support which
he * receives from other sources, including assistance from persons
legally responsible for his support, the necessary expenditures of the in-
dividual and the conditions existing in each case, and in accordance with
rules and regulations made by the State Board. * In determining the
income of and support available to a person, the amount of income required
to be exempted may be determined by the State Board and shall not be
considered in determining the amount of assistance any person may receive
under this law. It shall be sufficient, when added to all other income and
support of the recipient, to provide such person with a reasonable sub-
sistence.

In the event there is any county or city in which reasonably adequate
housing cannot be secured by all local recipients of assistance under this
chapter within such limits as may be established on a State-wide basis by
rule and regulation of the State Board, the said Board may establish a
higher amount or limit for rent and other housing cost for use in deter-
mining assistance payments in such county or city, and that part of any
assistance grant which is the equivalent of the allowance for rent and other
housing cost in excess of the State-wide maximum allowance may be paid
from local funds without State reimbursement.

Under conditions specified by the State Board, court-ordered support
payments may be disregarded in determining the amount of assistance
which any person shall receive; provided, however, that in such event, such
payments, when received, shall be counted as refunds with regard to such
assistance payments.

§ 63-214. Reconsideration; cancellation, suspension or changes in
amount of relief.—(1) All general relief grants made under this law shall
be reconsidered by the local board as frequently as may be required by the
rules and regulations of the State Board and at such other times as the
local board shall deem proper. After such further investigation as the
local board may deem necessary, or the State Board may require, the
amount of general relief may be changed, or may be entirely withdrawn if
the local board finds that the recipient’s circumstances have altered sufh-
ciently to warrant such action.

(2) The local board may at any time cancel and revoke general relief
for cause, and it may, for cause, suspend same for such period as it may
deem proper.

(2a) If the local board does not act within thirty days of the receipt
of information affecting the amount of assistance or the eligibility there-
for as to any recipient, or if the circumstances require immediate action,
the local superintendent may make necessary adjustments in the amount
of assistance or suspend further assistance to any such individual pend-
ing action by the local board.

Whenever general relief is thus withdrawn, revoked, sus-
pended, or in any way changed, the local board shall at once notify the
applicant or recipient involved and shall, if required by rule and regula-
tion of the Commissioner, report to the Commissioner the decision of
the local board and a record of its investigation.

§ 63-216. Right of appeal to State Board.—Any applicant or re-
cipient aggrieved by any decision granting, changing, suspending or re-
fusing or by failure to make a decision within a reasonable time under
the provisions of this chapter, shall, within the time allowed and in the
manner prescribed by §§ 63-131 to 63-134, have the right of appeal to
or review by the State Board. The Board may, from time to time as it
deems appropriate, appoint a committee consisting of any three of its
members to consider and make final determinations on any such appeal
or review. It may also delegate such duty and authority to the Public
Welfare Advisory Board.