10. $30 per month. (In event Federal aid exceeds $15 per month, maximum increased to twice amount of Federal aid): 14. Allowance cannot be less than $5 per month: Nebraska. 15. Joint pension $60 a month: Ohio. 16. No specific provision, assistance sufficient to provide suitable and decent care: In addition to the above grant, which is given to the applicant during his life, many State laws provide a grant for funeral expenses. The amount of such grants for funeral expenses, together with the State whose laws contain such provisions, follow: 1. Funeral expenses not to exceed $150: 5. Funeral expenses not to exceed $30: Mississippi. 6. Burial expenses: District of Columbia. The law of Rhode Island contains a provision as follows: Care should be in applicant's own or in some other suitable home in preference to placing applicant in an institution. Administrative Agencies With few exceptions the agency which administers the old-age assistance law is different in each State. Out of 43 State laws examined, 29 have different county administrative agencies and 18 different State agencies engaged in the administration of the laws. The following tabulation sets forth the county and State administrative agencies: Alabama. Arizona. Arkansas. TABLE 4.-Administrative agencies of State old-age pension laws California.. Delaware.. Idaho. Illinois. Indiana. Kentucky. Maine... State Maryland. Michigan....... Missouri.. Montana. Nebraska. County agency County department of public welfare State old-age welfare commission.... County old-age pension commission, County fiscal court or county com- County welfare board. Bureau of old-age assistance within County old-age assistance board..... County old-age pension commis- County old age assistance board.. State agency State department of public welfare. Annual report to Governor. Annual report to State department State department of public welfare. Do. State department of health and State board of aid and charities. Do. State board of control. State department of emergency relief. State old-age assistance commissioner reviews all actions of local boards. Board of managers of eleemosynary institutions settles disputes between local board and State commissioner and makes final decisions. State old-age pension commission. State assistance committee. TABLE 4.-Administration agencies of State old-age pension laws-Continued. State County agency State agency New Mexico.. New York North Dakota. Ohio... Oklahoma.. Oregon.. Pennsylvania South Dakota. Texas.. Utah.. Vermont.. Wyoming... Washington Alaska. District of Columbia. Legislature creates relief and security authority, which has power similar to a corporation to make bylaws and rules, and power of authority to spend all moneys levied for indigents or charitable purposes and for public welfare and social security by the United States Government, and is authorized to cooperate with the United States Government in all such matters. Local public welfare officials.. County board for aid for aged. Commission of old-age pensions and security. County relief committee... County old-age assistance board.. State department of public welfare. No provision. State department of emergency relief. State department of public welfare. Old-age security division in depart-State old-age security division. ment of public welfare. The only legislation regarding old-age assistance is that the State public welfare commission has authority to receive, hold, and preserve any funds which may be available to the State by existing laws or laws to be enacted by the Congress of the United States providing for old-age pensions, and, pursuant to such authority as may be given it by such act, to make such regulations not inconsistent with the laws of the United States and the laws to be enacted in this State as may be neces sary for the administration of old-age pensions. Local administrative agency. State board of control, assisted by fare. State old-age assistance commission, State old-age assistance commission. No provision. Annual report to Governor. State old-age pension commission. No provision. Annual report to Governor. Do. Do. State old-age pension commission. Sources of Funds Out of 43 States whose laws were examined, only 14 State laws provide for old-age assistance to be paid entirely out of State funds and 29 provide that the expenses of old-age assistance shall be borne in part by the State and in part by county and local units. The following table sets forth the names of the States, together with the source from which funds are provided for the payment of old-age assistance. Fair Hearing Before a State Department Out of the 43 State laws which were examined, 7 States-Arizona, Idaho, Pennsylvania, Rhode Island, Utah, Washington, and Alaska--contain no provision granting the applicant for old-age assistance a fair hearing before a State department. Six States-Kentucky, Maine, Massachusetts, Wyoming, North Dakota and Ohio-provide for an appeal from the granting power to the State department of public welfare. Five States-New Jersey, Texas, Vermont, Wisconsin, and Montana-permit an appeal to the State department of old-age assistance. Two States-Illinois and Maryland-require the State department to review the case. The law of Vermont provides that the State department may, upon its own motion, review any decision of the county commissions. In three States-Missouri, Nevada, and West Virginia-an appeal is allowed to the court. In Alabama, the State department is required to give applicant prompt hearing. In Arkansas, the State board makes initial and final decision. In California, while an appeal is allowed to the State department of public welfare, there is no provision for an actual hearing. In Colorado the duties imposed by law on the State relief committee are to conform to the Social Security Act provision requiring granting to applicant of a fair hearing and that appeals from the State department are allowed to the courts. In Connecticut the State bureau of old-age assistance is required to hold hearings, but there is no specific provision for appeal, and in Delaware the State department is required to make necessary investigation but there is no specific provision for appeal. In Florida, all grants are passed upon by the State pension board, which makes investigations in doubtful cases, but makes no specific provision for appeal In two States-Indiana and Iowa-there are no specific provisions, but appeal to the courts is allowed applicant or any taxpayer. In Michigan, hearings are allowed before the State department of public welfare and further appeal on matters of law to the courts. In Minnesota, appeal is allowed to the State board of control. In Massachusetts, appeal is allowed to the State department of emergency relief. In Nebraska, an appeal is allowed to the State assistance committee. In Oklahoma, the State commission conducts initial hearing and there is no further appeal. In Oregon, appeal is allowed to the State relief committee. In the District of Columbia, appeal is allowed to the Board of Commissioners; and in Hawaii, appeal is allowed to the Territorial board. |