State Codes and Statutes

11000.  The provisions of law relating to a public assistance
program shall be fairly and equitably construed to effect the stated
objects and purposes of the program.



11001.  No person receiving aid under a public assistance program
shall be considered a pauper or an indigent by reason thereof, and no
warrant drawn in payment of the aid given shall contain any
reference to indigency or pauperism.


11002.  All aid given under a public assistance program shall be
absolutely inalienable by any assignment, sale, or otherwise.



11003.  If the United States Department of Health, Education, and
Welfare issues a formal ruling that any section of this code relating
to public assistance cannot be given effect without causing this
state's plan to be out of conformity with federal requirements, the
section shall become inoperative to the extent that it is not in
conformity with federal requirements.



11004.  The provisions of this code relative to public social
services for which state grants-in-aid are made to the counties shall
be administered fairly to the end that all persons who are eligible
and apply for such public social services shall receive the
assistance to which they are entitled promptly, with due
consideration for the needs of applicants and the safeguarding of
public funds.
   (a) Any applicant for, or recipient or payee of, such public
social services shall be informed as to the provisions of eligibility
and his or her responsibility for reporting facts material to a
correct determination of eligibility and grant.
   (b) Any applicant for, or recipient or payee of, such public
social services shall be responsible for reporting accurately and
completely within his or her competence those facts required of him
or her pursuant to subdivision (a) and to report promptly any changes
in those facts.
   (c) Current and future grants payable to an assistance unit may be
reduced because of prior overpayments. In cases where the
overpayment was caused by agency error, grant payments shall be
reduced by 5 percent of the maximum aid payment of the assistance
unit. Grant payments to be adjusted because of prior overpayments
because of any other reason shall be reduced by 10 percent of the
maximum aid payments for the assistance unit. A recipient may have an
overpayment adjustment in excess of the amounts allowable under this
section if the recipient requests it.
   (d) No determination of ineligibility shall be made
retrospectively so as to result in an assessment of an overpayment in
circumstances where there is a failure on the part of an applicant
or recipient to perform an act constituting a condition of
eligibility, if the failure is caused by an error made by a state
agency or a county welfare department, and if the amount of the grant
received by the applicant or recipient would not have been different
had the act been performed.
   (e) Prior to effectuating any reduction of current grants to
recover past overpayments, the recipient shall be advised of the
proposed reduction and of his or her entitlement to a hearing on the
propriety of the reduction.
   (f) If the department determines after a hearing that an
overpayment has occurred, the county providing the public social
services shall seek to recover in accordance with subdivision (c) the
full amount of the overpayment to the assistance unit, including any
amount paid while the hearing process was pending. Such adjustment
shall be permitted concurrently with any suit for restitution, and
recovery of overpayment by adjustment shall reduce by the amount of
such recovery the extent of liability for restitution.
   (g) If the individual is no longer receiving aid under Chapter 2
(commencing with Section 11200) recovery of overpayments received
under that chapter shall not be attempted where the outstanding
overpayments are less than thirty-five dollars ($35). Where the
overpayment amounts owed are thirty-five dollars ($35) or more,
reasonable cost-effective efforts at collection shall be implemented.
Reasonable efforts shall include notification of the amount of the
overpayment and that repayment is required. The department shall
define reasonable cost-effective collection methods. In cases
involving fraud, every effort shall be made to collect the
overpayments regardless of the amount.
   (h) If the individual responsible for the overpayment to the
assistance unit is no longer eligible for public social services or
if he or she becomes a member of another assistance unit, recoupment
of overpayments shall be made against the individual or his or her
present assistance unit, or both.
   (i) Where an overpayment has been made to an assistance unit which
is no longer receiving public social services, recovery shall be
made by appropriate action under state law against the income or
resources of the individual responsible for the overpayment or
against the family.
   (j) No civil or criminal action may be commenced against any
person based on alleged unlawful application for or receipt of public
social services, where the case record of such person has been
destroyed after the expiration of the four-year retention period
pursuant to Section 10851.
   (k) When an underpayment or denial of public social service occurs
and as a result the applicant or recipient does not receive the
amount to which he or she is entitled, the county shall provide
public social services equal to the full amount of the underpayment
unless prohibited by federal law. In cases that have both an
underpayment and an overpayment, the underpayment shall be offset
against the overpayment prior to correcting any remaining
underpayment.
   Any corrective payments made pursuant to this subdivision shall be
disregarded in determining the income of the family and shall be
disregarded in determining the resources of the family in the month
the corrective payment is made and in the following month.
   (l) This subdivision shall be applicable only to applicants,
recipients and payees under Chapter 2 (commencing with Section 11200)
of Part 3 of Division 9. Any suits to recover overpayments described
in subdivision (f) shall be brought on behalf of the county by the
county counsel unless the board of supervisors delegates such duty to
the district attorney by ordinance or resolution.



11004.1.  (a) In addition to Section 11004, this section shall apply
to the CalWORKs program.
   (b) The amount of any CalWORKs grant overpayment shall be the
difference between the grant amount the assistance unit actually
received and the grant amount the assistance unit would have received
under the quarterly reporting, prospective budgeting system if no
county error had occurred or if the recipient had timely, completely,
and accurately reported as required under Sections 11265.1 and
11265.3. No overpayment shall be established based on any differences
between the amount of income the county reasonably anticipated the
recipient would receive during the quarterly reporting period and the
income the recipient actually received during that period, provided
the recipient's report was complete and accurate.
   (c) No CalWORKs grant underpayment shall be established based on
any differences between the amount of income the county reasonably
anticipated the recipient would receive during the quarterly
reporting period and the income the recipient actually received
during that period.


11005.  Any special need allowance for mileage and for the expenses
of the operation and maintenance of an automobile shall be fixed to
operate in a uniform manner throughout the state by the department.



11005.5.  All money paid to a recipient or recipient group as aid is
intended to help the recipient meet his individual needs or, in the
case of a recipient group, the needs of the recipient group, and is
not for the benefit of any other person. Aid granted under this part
or Part A of Title XVI of the Social Security Act to a recipient or
recipient group and the income or resources of such recipient or
recipient group shall not be considered in determining eligibility
for or the amount of aid of any other recipient or recipient group.



11006.  Except as basic needs are provided pursuant to a life care
agreement governed by Chapter 10 (commencing with Section 1770) of
Division 2 of the Health and Safety Code, to the extent permitted by
federal law the director shall formulate and promulgate regulations
which establish criteria for evaluation of allowances provided to
recipients of public assistance under the following circumstances:
   1. Applicants or recipients who reside in a facility operated by
an organization that provides for any or all of the basic needs of
the individual.
   2. Applicants or recipients who reside under a living arrangement
paid for and controlled by an organization.



11006.1.  Notwithstanding any other provision of law, each grant of
aid under Chapter 5 (commencing with Section 13000) shall be
increased in the amount of two dollars ($2), as a basic need of the
recipient. Grant increases provided pursuant to this section are
specifically intended to assure that the tax shift provisions of the
Property Tax Relief Act of 1972 will not work a hardship on welfare
recipients. Such grant increases shall not replace, but are in
addition to any other grant, including any cost-of-living adjustment
or any grant for special needs for which recipients affected by this
section are or may become eligible.


11006.2.  (a) The department may provide for the delivery of public
assistance payments at any time during the month consistent with
federal law relating to recipient monthly reporting requirements.
   (b) The department shall cooperate with county treasurers and
private financial service providers, including depository
institutions, licensed check sellers, data processing service
vendors, and retail merchants, in developing and implementing an
electronically based system for delivering public assistance payments
to those recipients who do not have individual deposit accounts with
financial institutions.
   (c) (1) Notwithstanding any other provision of law, any person
entitled to the receipt of public assistance payments may authorize
payment to be directly deposited by electronic fund transfer into the
person's account at the financial institution of his or her choice
under a program for direct deposit by electronic transfer established
by the county treasurer. The direct deposit shall discharge the
department's obligation with respect to the payment.
   (2) Each county treasurer shall make an agreement with one or more
financial institutions participating in the Automated Clearing House
pursuant to the local rules, and shall, by December 1, 2001,
establish a program for the direct deposit by electronic fund
transfer of payments to any person entitled to the receipt of public
assistance benefits who authorizes the direct deposit thereof into
the person's account at the financial institution of his or her
choice.
   (3) This subdivision shall apply in each county that offers a
program for direct deposit by electronic funds transfer to some or
all of its employees.



11006.2.  (a) The department may provide for the delivery of public
assistance payments at any time during the month.
   (b) The department shall cooperate with county treasurers and
private financial service providers, including depository
institutions, licensed check sellers, data processing service
vendors, and retail merchants, in developing and implementing an
electronically based system for delivering public assistance payments
to those recipients who do not have individual deposit accounts with
financial institutions.
   (c) (1) Notwithstanding any other provision of law, any person
entitled to the receipt of public assistance payments may authorize
payment to be directly deposited by electronic fund transfer into the
person's account at the financial institution of his or her choice
under a program for direct deposit by electronic transfer established
by the county treasurer. The direct deposit shall discharge the
department's obligation with respect to the payment.
   (2) Each county treasurer shall make an agreement with one or more
financial institutions participating in the Automated Clearing House
pursuant to the local rules, and shall, by December 1, 2001,
establish a program for the direct deposit by electronic fund
transfer of payments to any person entitled to the receipt of public
assistance benefits who authorizes the direct deposit thereof into
the person's account at the financial institution of his or her
choice.
   (3) This subdivision shall apply in each county that offers a
program for direct deposit by electronic funds transfer to some or
all of its employees.



11006.4.  Notwithstanding any other provision of law, when payment
of aid under Chapter 2 (commencing with Section 11200) of this part
is made by mail, the envelope shall bear on its face:
   (a) A statement that it is not to be forwarded.
   (b) A statement that address correction is requested.



11006.5.  This section shall be applicable only to those aid
recipients under Chapter 3 (commencing with Section 12000) and
Chapter 4 (commencing with Section 12500) of this part.
   Alternate methods of providing assistance may be used for
recipients of aid who are found to be unable to manage the cash grant
to their own best advantage. Such payment may only be used when it
is determined by the county director that the recipient has, by
reason of his physical or mental condition, such inability to manage
funds that making cash payments to him would be contrary to his
welfare.
   Aid under this section may be paid to a guardian or conservator on
behalf of the recipient. If no guardian or conservator is available,
aid shall be paid, in whole or in part, to some other individual who
is interested in or concerned with the welfare of the recipient. In
the absence of superseding federal law, the department shall make
regulations for the payment of aid under this section and for the
selection of such substitute payee.


11006.6.  (a) The department may establish and operate a central
benefit issuance system in one or more counties whereby grants in aid
paid pursuant to this part or any other program administered by the
department and cash payments under the Food Stamp Program may be
issued directly to the recipient by the Controller. Warrants
representing payments under this system shall be drawn on the Central
Benefit Issuance Fund. In counties where the central benefit
issuance system is in operation, Sections 15150, 15150.5, 15151, and
15153, and any other related section shall not apply with respect to
benefits.
   (b) (1) In a case of emergency or immediate need by a recipient
that cannot be addressed in a timely manner, as set forth in existing
law, by issuance of a Controller's warrant, those counties, acting
as agents for the department, shall authorize payment to be issued by
the Central Benefit Issuance System directly to recipients from a
department account designated for that purpose.
   (2) Any check issued pursuant to paragraph (1) that remains unpaid
for 180 days after it becomes payable shall be void and shall be
canceled by the department and redeposited to the account from which
it is drawn. The department shall cause to be printed prominently on
the face of any check issued pursuant to paragraph (1) a notice of
the requirements of this paragraph.
   (c) The department shall ensure that aid issued through a central
benefit issuance system is delivered timely and that the system does
not reduce the accessibility of benefits and services to the
recipient.


11006.9.  It is a cause for revocation of a permit or license by the
department or the State Department of Health Services for any
person, association, or corporation that maintains, conducts, or, as
manager or officer or in any other administrative capacity, assists
in maintaining or conducting any nursing facility, any category of
intermediate care facility for the developmentally disabled, or
nonmedical board and care facility to obtain, as an additional cost
of care, aid allocated to a recipient for his or her personal or
incidental needs or to obtain and fail to deliver such aid allocation
to the recipient. The department or the State Department of Health
Services shall initiate license or permit revocation proceedings.




11007.  Aid granted to a recipient of public assistance shall not
constitute a lien upon any property of the recipient.
   The cost of hospitalization furnished by a county to the recipient
shall not constitute a lien against the personal property or
personal effects of the recipient, or against an interment plot as
defined in Section 7022 of the Health and Safety Code.
   The cost of hospitalization furnished by a county to a recipient,
other than a recipient of aid to families with dependent children, on
or after May 21, 1963, and any judgment obtained by a county against
the recipient to obtain repayment of such costs, shall not
constitute a lien against the real property of the recipient, and no
lien shall be taken therefor.



11008.  (a) In order that recipients of public assistance may become
self-supporting and productive members of their communities, it is
essential that they be permitted to earn money without a
proportionate deduction in their aid grants. It is the intention of
the Legislature to promote this objective and the department, in
implementing public assistance laws, is directed to do so in the
light of this objective.
   (b) To the extent required by federal law, earned income of a
recipient of aid under any public assistance program for which
federal funds are available shall not be considered income or
resources of the recipient, and shall not be deducted from the amount
of aid to which the recipient would otherwise be entitled. In
computing the amount of income determined to be available to support
a recipient, the value of currently used resources shall be included,
except as provided in Section 11018.
   (c) This section does not apply to recipients under Chapter 3
(commencing with Section 12000) of this part.



11008.1.  To the extent permitted by federal law, income, including
but not limited to seven dollars and fifty cents ($7.50) of any
income, received by a recipient of aid under Chapter 3 (commencing
with Section 12000), Chapter 4 (commencing with Section 12500), or
Chapter 6 (commencing with Section 13500) of this part shall not be
considered income or resources of the recipient and shall not be
deducted from the amount of aid to which the recipient would
otherwise be entitled.
   This section shall be known and may be cited as the Social
Security Pass-On.



11008.2.  To the extent permitted by federal law, lump sum
retroactive social security payments received under the provisions of
Public Law 92-5 shall not be considered in determining the amount
payable to any person under aid to families with dependent children,
aid to the blind, aid to the aged, aid to the potentially
self-supporting blind, aid to the needy disabled, Medi-Cal, or county
aid and relief to indigents.
   This section shall not be construed to limit the provisions of
Section 11008.1.



11008.3.  The 1974 income tax refunds and the lump sum fifty dollars
($50) payment received under the provisions of Public Law 94-12
shall not be considered as income or resources in determining the
amount payable to any person under the aid to families with dependent
children program, the Burton-Moscone-Bagley Citizens' Income
Security Act for Aged, Blind and Disabled Californians, the aid to
the potentially self-supporting blind program, the Medi-Cal Act, in
computing net income or financial liability under Section 14005.7 or
14005.12, or county aid and relief to indigents.
   This section shall not be construed to limit the provisions of
Section 11008 or 11008.1.



11008.4.  Property taxes (1) as defined in Section 20584 of the
Revenue and Taxation Code, which are postponed by a person pursuant
to Chapter 2 (commencing with Section 20581) or 3 (commencing with
Section 20641) of Part 10.5 of Division 2 of the Revenue and Taxation
Code, and (2) as defined in Section 20511 and 20512 of the Revenue
and Taxation Code, on which a person is granted assistance pursuant
to Chapter 1 (commencing with Section 20501) of Part 10.5 of Division
2 of the Revenue and Taxation Code, and renters credits as defined
in Section 17053.5 of the Revenue and Taxation Code, shall not be
considered as income or resources in determining the amount payable
to any person under Division 9 (commencing with Section 10000) of the
Welfare and Institutions Code.
   This section shall not be construed to limit the provisions of
Section 11008 or 11008.1.


11008.6.  In addition to the requirements contained in Section
11008, when determining the income of a recipient, to the extent
permitted by federal law, relocation assistance benefits received by
public assistance recipients pursuant to the Housing Act of 1964,
Public Law 88-560, and benefits received under the Manpower
Development and Training Act of 1962, Public Law 87-415 as amended,
and the Elementary and Secondary Education Act of 1965, Public Law
89-10, shall not be considered income or resources of the recipient
and shall not be deducted from the amount of aid to which the
recipient would otherwise be entitled. The provisions of this section
shall not apply to recipients who receive benefits under the
Manpower Development and Training Act of 1962, Public Law 87-415 as
amended, or the Elementary and Secondary Education Act of 1965,
Public Law 89-10, when the recipient, for other than medical reasons,
changes his training program on his own initiative more than once
during a two-year period.



11008.7.  Neither funds distributed pursuant to U.S. Public Law
90-507 (82 Stat. 860) nor property derived therefrom shall be
considered in determining the eligibility of or the amount payable to
any person under federal, state, or local laws, plans, rules, or
regulations relating to welfare services or payments of any type of
public assistance to needy persons, including, but not limited to,
aid to families with dependent children, aid to the blind, aid to the
aged, aid to the potentially self-supporting blind, aid to the needy
disabled or medical assistance recipients.



11008.8.  It is the intent of the Legislature that any reduction in
the state and county costs of public assistance payments to
recipients of aid under Chapter 5 (commencing with Section 13000) of
this part, which result from increased social security benefits voted
by Congress shall be applied to increasing the monthly grants to all
recipients of aid under that chapter.
   Notwithstanding any other provision of law, on and after October
1, 1972, the maximum or average grants contained in Sections 13100
and 13101 and the need standard of recipients contained in
departmental regulations on July 1, 1972, that were established
pursuant to such sections shall be increased in the amount of twelve
dollars ($12). Such increases shall be reflected in the grants that
are payable on October 1, 1972. Such increases shall not replace, but
are in addition to any other grant, including any cost-of-living
adjustment or any grant for special needs for which recipients
affected by this section are or may become eligible.
   There is hereby appropriated from the general fund in every county
an amount sufficient to pay the total nonfederal costs of the
increase in aid grants provided in this section.




11008.9.  Loans or grants provided for in Section 69650 of the
Education Code are deemed to be for educational purposes and to the
extent permitted by federal law, shall not be used or considered in
determining the need of any applicant or recipient or as part of the
amounts used to determine the eligibility of any applicant or
recipient for public assistance programs.
   This section shall not apply to recipients under Chapter 3
(commencing with Section 12000) of this part.




11008.10.  To the extent permitted by federal law the value of any
loan or grant to any undergraduate student made or insured under any
program administered by the State Scholarship and Loan Commission or
a college accredited by the Western Association of Schools and
Colleges shall not be considered in determining eligibility or the
amount of the grant.



11008.11.  To the extent permitted by federal law, any stipends,
meals, transportation, or other income received by a senior companion
pursuant to Chapter 7 (commencing with Section 9520) of Division 8.5
shall not be considered as income or resources of the recipient and
shall not be deducted from the amount of any public assistance or aid
to which the recipient would otherwise be entitled under this
division.



11008.12.  To the extent permitted by federal law, any stipend,
meals, transportation, or other income received by a foster
grandparent pursuant to Chapter 8 (commencing with Section 9540) of
Division 8.5 shall not be considered as income or resources of the
recipient and shall not be deducted from the amount of any public
assistance or aid to which the recipient would otherwise be entitled
under this division.



11008.13.  To the extent permitted by federal law and consistent
with other provisions of this chapter, in determining the eligibility
and amount of aid under this division for an alien for whom an
affidavit of support was executed prior to December 19, 1997, the
income and resources of the alien shall be deemed to include the
income and resources of any person who had executed an affidavit of
support on behalf of the alien and the spouse of that person as
provided in Section 408 of the Social Security Act (42 U.S.C. Sec.
608) and any subsequent amendments thereto.



11008.135.  (a) Notwithstanding any other provision of law, in
determining the eligibility and amount of aid for an alien under this
division, the income and resources of the alien shall be deemed to
include the income and resources of any person who has executed an
affidavit of support on behalf of the alien and the spouse of that
person as provided in Subtitle C (commencing with Section 421) of
Title IV of Public Law 104-193, as amended by Public Law 104-208, and
any subsequent amendments thereto, subject to any exceptions
required by those provisions, including exceptions for indigents and
battered spouses.
   (b) As a condition of eligibility, the sponsored applicant or
recipient shall provide information regarding the income and
resources of any person, and the spouse of that person, who has
executed an affidavit of support on behalf of the alien.



11008.14.  The income of the natural or adoptive parent, and the
spouse of the natural or adoptive parent, and the sibling of an
eligible child, living in the same home with an eligible child shall
be considered available, in addition to the income of an applicant
for or recipient of aid under Chapter 2 (commencing with Section
11200), for purposes of eligibility determination and grant
computation. Except as otherwise provided in this section, in the
case of a parent or legal guardian of a minor who is also the parent
of an eligible child, the income of the parent or guardian shall be
considered available to the minor parent and eligible child to the
same extent that income to a stepparent is considered available to an
assistance unit.
   This section shall be applied to all applicants for, and
recipients of, Aid to Families with Dependent Children provided under
Chapter 2 (commencing with Section 11200), except that income of a
guardian of an applicant for, or recipient of, foster care benefits
provided under Article 5 (commencing with Section 11400) of Chapter 2
shall not be considered available to the ward or to a child of the
ward for the purpose of eligibility determination and grant
computation under Article 5 (commencing with Section 11400) of
Chapter 2. This section shall be applied regardless of whether
federal financial participation is available for the family.



11008.15.  Notwithstanding Sections 11008.14 and 11267, the
department shall exercise the options of disregarding earned income
of a dependent child or ward of the juvenile court derived from
participation in the Job Training Partnership Act of 1982 (Public Law
97-300), a dependent child or ward of the juvenile court who is a
full-time student pursuant to the Deficit Reduction Act of 1984
(Public Law 97-369), a dependent child or ward of the juvenile court
16 years of age or older who is a participant in the Independent
Living Program pursuant to the Consolidated Omnibus Budget
Reconciliation Act of 1985 (Public Law 99-272), and, on and after
January 1, 2012, a nonminor dependent, as defined in subdivision (v)
of Section 11400 who is participating in a transitional independent
living case plan pursuant to the federal Fostering Connections to
Success and Increasing Adoptions Act of 2008 (Public Law 110-351),
provided that the child's Independent Living Program case plan states
that the purpose of the employment is to enable the child to gain
knowledge of needed work skills, work habits, and the
responsibilities of maintaining employment.



11008.17.  (a) To the extent required by federal law, amounts paid
pursuant to any federal law enacted in 1988 to provide reparation
payments to redress the injustice done to United States citizens and
resident aliens of Japanese ancestry who were interned during World
War II shall not be considered as income or resources for purposes of
determining eligibility to receive Medi-Cal benefits or public
assistance benefits or the amount of those benefits.
   (b) To the extent that federal financial participation is
available, amounts paid by the Canadian government to provide
reparation payments to redress the injustice done to persons of
Japanese ancestry who were interned in Canada during World War II
shall not be considered as income or resources for purposes of
determining eligibility to receive Medi-Cal benefits or public
assistance benefits or the amount of those benefits.
   (c) To the extent that federal financial participation is
available, where the reparation payments described in subdivisions
(a) and (b) have been converted to another form, amounts of otherwise
excess nonexempt resources equal to the amount of these reparation
payments received by the individual or inherited by the spouse of the
individual, or both, shall not be considered as resources in
determining eligibility for Medi-Cal.
   (d) To the extent that federal financial participation is
available, reparation payments described in subdivisions (a) and (b),
or where the reparation payments described in subdivisions (a) and
(b) have been converted to another form, amounts of resources equal
to the amount of these reparation payments, received by the deceased
Medi-Cal beneficiary or inherited by the deceased spouse of that
beneficiary, or both, shall be exempt from estate recovery by the
State Department of Health Services pursuant to Section 14009.5.




11008.18.  The department shall implement the state option in
Section 402(a)(36) of the federal Social Security Act (42 U.S.C. Sec.
602(a)(36)) and as that statute may hereinafter be amended, which
provides that the value of support assistance or maintenance
assistance, or both, provided in the form of any in-kind income on
the basis of need to, or on behalf of, a family by all entities
described in Section 402(a)(36) of the federal Social Security Act
(42 U.S.C. Sec. 602(a)(36)) and as that statute may hereinafter be
amended shall be disregarded as income.



11008.19.  (a) (1) To the degree child care and development services
administered by the State Department of Education pursuant to
Chapter 2 (commencing with Section 8200) of Part 6 of the Education
Code are used to serve families receiving aid to families with
dependent children that are eligible for child care under the AFDC
program, the department and the State Department of Education, in
consultation with the county welfare departments, shall establish a
system for documenting child care usage by this population so the
state can claim the maximum amount to which it is entitled under
Title IV-A of the Social Security Act, contained in Part A
(commencing with Section 601) of Subchapter 4 of Chapter 7 of Title
42 of the United States Code.
   (2) To the extent permitted by federal law, the department and the
State Department of Education shall coordinate their efforts and
claim federal financial participation pursuant to Title IV-A of the
Social Security Act.
   (3) Upon the approval of the Superintendent of Public Instruction,
the department, and the State Department of Education shall enter
into an interagency agreement to transfer Title IV-A funds from the
department to the State Department of Education and to ensure that
all federal requirements are met in carrying out the program made
possible by the receipt of Title IV-A funds.
   (4) The system established pursuant to paragraph (1) shall be
implemented only to the extent that its implementation does not
result in an overall increase in expenditures from the General Fund.
   (b) (1) Title IV-A funds received pursuant to paragraph (1) of
subdivision (a) shall be used to expand child care and development
services in accordance with the interagency agreement required by
paragraph (3) of subdivision (a).
   (2) In no case shall Title IV-A funds received pursuant to this
section be used to supplant existing state funds and cause the state
to violate the maintenance of effort requirements for the federal
Child Care and Development Block Grant and the Title IV-A "at-risk"
programs. Funds made available pursuant to subdivision (a) shall be
expended by the departments to support the following:
   (A) Any additional administrative costs associated with
documenting and claiming federal reimbursement incurred by the
department, the State Department of Education, county welfare
offices, and child care and development services contractors.
   (B) Expanded child care and development services to families
receiving AFDC benefits, in the following order of priority:
   (i) AFDC families in approved education and training programs,
except those receiving services under Article 3.2 (commencing with
Section 11320) of Chapter 2.
   (ii) AFDC applicants or recipients who choose the Alternative
Assistance Program pursuant to Section 11280.
   (iii) All other AFDC recipients who meet the eligibility criteria
for federally funded Title IV-A child care pursuant to this section.
   (c) (1) Notwithstanding Section 8278 of the Education Code and
Item 6110-196-001 of the Budget Act of 1991 (Chapter 118 of the
Statutes of 1991), the Superintendent of Public Instruction may
authorize the expenditure of not more than one million dollars
($1,000,000) in child care carryover funds by the State Department of
Education and the State Department of Social Services, through an
interagency agreement, for the purposes of implementing the program
specified in this section in the 1991-92 and 1992-93 fiscal years.
   (2) Prior to making the authorization under paragraph (1), the
Superintendent of Public Instruction shall notify the appropriate
policy and fiscal committees of the Legislature of the amounts to be
expended pursuant to this subdivision.
   (3) Funds that may be expended pursuant to this subdivision shall
be expended for the purpose of supporting administrative costs
associated with claiming federal reimbursement for families with
dependent children receiving services pursuant to Chapter 2
(commencing with Section 8200) of Part 6 of the Education Code. In
the 1993-94 fiscal year and subsequent fiscal years, state
administrative funds for both departments shall be appropriated in
the annual Budget Act pursuant to subdivision (b).
   (d) For purposes of this section, "Title IV-A funds" means federal
money received pursuant to Part A (commencing with Section 601) of
Subchapter 4 of Chapter 7 of Title 42 of the United States Code.



11008.20.  (a) Notwithstanding any other provision of law, any
amount, including any interest or property, received by a holocaust
victim, as defined in subparagraph (A) of paragraph (2) of
subdivision (b) of Section 17155 of the Revenue and Taxation Code
either as compensation pursuant to the German Act Regulating
Unresolved Property Claims, as amended (Gesetz zur Regelung offener
Vermogensfragen), or as a result of a settlement of claims against
any entity or individual for any recovered asset, shall not be
considered as income or resources for purposes of determining
eligibility to receive Medi-Cal benefits or public assistance
benefits or the amounts of those benefits.
   (b) To the extent permitted by federal law, excludable restitution
payments, as defined in Section 17131.1 of the Revenue and Taxation
Code, shall not be included in income or resources of any individual
who is eligible for the exclusion under Section 17131.1 of the
Revenue and Taxation Code for purposes of determining eligibility for
any aid, grant, or benefit under this division.
   (c) This section shall not be construed to permit any retroactive
services or payments to be provided to recipients of Medi-Cal or
public assistance benefits.



11009.1.  The value of free board and lodging supplied to a
recipient during a temporary absence from his home of not more than
one month, shall be considered an inconsequential resource and shall
not be deducted from the amount of aid to which the recipient is
otherwise entitled.
   After an absence of one month, free board and lodging shall be
considered income to the extent the value exceeds the continuing cost
to the recipient of maintaining the home to which he expects to
return.
   This section shall not apply to recipients under Chapter 3
(commencing with Section 12000) of this part.



11010.  Except as otherwise provided in Section 12152 in determining
the amount of aid grants payable under a public assistance program,
no consideration shall be given to voluntary contributions or grants
from other public sources, private agencies, friends or relatives
when such contributions or grants meet the following conditions:
   1. The service to be provided is designated by the department and
is not covered by an assistance allowance under the particular
program, and
   2. The contribution or grant would not be available for
expenditure by or in behalf of the recipient unless it is used in
accordance with the conditions imposed by the donor.



11010.5.  General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services under this division or Division 5 (commencing with Section
5000).



11013.  (a) The department may require issuance of an identification
card to recipients of aid.
   The identification card shall contain the following information:
   (1) Name and address of the recipient.
   (2) Social security number.
   (3) Color photograph and identifying characteristics.
   (b) The department shall determine the need for including
additional information and instructions on the identification card.




11014.  To the extent that any provision of this part prohibits the
granting of aid to persons confined in a public institution for
tuberculosis or mental disease or as a result of the diagnosis of
tuberculosis, mental retardation, or psychosis permitted by federal
law, such provision shall be inoperative.



11015.  Unless there are other grounds therefor, aid grants shall
not be withheld pending ascertainment of increases in federal
benefits or increases in benefits payable by a public agency.
   Following the ascertainment of any such increase, adjustment shall
be made, as provided in subdivision (c) of Section 11004, for any
overpayment of aid which the recipient might have received.



11016.  Notwithstanding any other provision of law, no person for
whom federal financial participation is available shall be denied
benefits, for which federal financial participation is available,
solely because such person is incarcerated in a county or city jail
or juvenile detention facility.



11017.  In computing and paying assistance under this part, the need
and income amounts used shall be rounded to the next lower whole
dollar when the result of determining the standard of need or the
payment amount includes an amount which is not a whole dollar.




11017.1.  Notwithstanding the provisions of Section 11017, the State
Department of Social Services, at the next computation of annual
cost-of-living adjustments for public assistance payments on and
after August 28, 1969, under Part 3 (commencing with Section 11000)
of Division 9 of the Welfare and Institutions Code, shall make all
such adjustments to the nearer fifty cents ($0.50) in order that all
future grant computations and payments may be made to the nearer
dollar. Thereafter subsequent cost-of-living adjustments shall be
made to the nearer dollar.



11020.  Where a recipient under a categorical aid program has
received aid in good faith but in fact owned excess property, he
shall be considered to have been ineligible for aid during the period
for which any excess property would have supported him at the rate
of the aid granted to him. In such case the recipient or his estate
shall repay the aid he received during such period of ineligibility.
   With respect to recipients under Chapter 3 (commencing with
Section 12000) of this part, overpayments shall be collected by the
federal government pursuant to federal law.



11020.  (a) Where a recipient under a categorical aid program other
than CalWORKs has received aid in good faith but in fact owned excess
property, he or she shall be considered to have been ineligible for
aid during the period for which any excess property would have
supported him or her at the rate of the aid granted to him or her. In
such case the recipient or his estate shall repay the aid he
received during this period of ineligibility.
   (b) With respect to recipients under Chapter 3 (commencing with
Section 12000) of this part, overpayments shall be collected by the
federal government pursuant to federal law.
   (c) Where a CalWORKs recipient has received aid in good faith, but
in fact owned excess property, the recipient shall have an
overpayment equal to the lesser of the amount of the excess property
or the aid received during the period the recipient owned the excess
property and the grant was not accurately determined under the
quarterly reporting, prospective budgeting system due to the excess
property.


11021.  Notwithstanding any other provision of law, no individual
who is an applicant for, or recipient of, aid or assistance under a
state plan approved under Title IV, X, XIV, XVI, or XIX of the
federal Social Security Act; assistance funded by payments under
Title V or XX of the federal Social Security Act; or of benefits
under the Supplemental Security Income program established by Title
XVI of the federal Social Security Act shall:
   (a) Be required as a condition of eligibility for or of continuing
to receive that aid, assistance, or benefit, to make an election to
receive funds according to Section 10113.1 of the Insurance Code, or
to receive funds under an accelerated death benefit under a policy of
life insurance.
   (b) By reason of failure to make such an election, be denied or
suffer a reduction in the amount of aid, assistance, or benefits,
unless that individual would thereby exceed federal eligibility
limits under Title IV, X, XIV, XVI, or XIX of the federal Social
Security Act, assistance funded by payments under Title V or XX of
the federal Social Security Act, or of benefits under the
Supplemental Security Income program established by Title XVI of the
federal Social Security Act.
   For purposes of this section, "accelerated death benefit" means
any payment made by the life insurer under the terms of a life
insurance policy while the insured individual is alive as a result of
a recalculation of the insured individual's life expectancy by the
life insurer.


11022.  The State Department of Health Services and the State
Department of Social Services shall prepare information on the effect
of funds received according to Sections 10113.1 and 10113.2 of the
Insurance Code as to eligibility to receive or to continue to receive
aid, assistance, or benefits from all federal, state, or other
relevant assistance programs. All information shall be prepared for
distribution to benefit counselors and viatical settlements
corporations to be distributed at the time of solicitation by
viatical settlements corporations.


11023.5.  (a) Any applicant or recipient of benefits under the Aid
to Families with Dependent Children, Food Stamps, and Medi-Cal
programs, who delivers a document which has been requested by the
county welfare department shall, upon the applicant's or recipient's
request, be provided with a written receipt indicating that the
county welfare department has received the document. A notice which
explains an applicant's and recipient's right to receipts upon
request shall be prominently posted by the county welfare department
at the location where the document is to be delivered. The receipt
shall be issued at the time the document is delivered.
   (1) A county which maintains a system of logging hand delivered
documents is exempt from the requirements of this subdivision.
   (2) County welfare departments which provide receipts for all hand
delivered documents without a request by an applicant or recipient
shall be exempt from the notice posting requirement.
   (b) The county welfare department shall only provide receipts for
documents which have been delivered in person to a county welfare
department employee other than the applicant's or recipient's
regularly assigned caseworker and to the location in which or through
which the caseworker conducts his or her business. Only one receipt
is required for monthly income reports and their supporting documents
which are hand delivered. Monthly income reports and other requested
documents which have been mailed shall not be subject to the
requirements of this section.
   (c) In consultation with the County Welfare Directors Association
and the Coalition of California Welfare Rights Organizations, the
department shall develop the notice which informs applicants and
recipients of the right to receipts for hand delivered documents and
shall develop minimum guidelines for county receipt forms.
   (d) As used in this section, "applicant or recipient" means an
applicant or recipient of benefits under the Aid to Families with
Dependent Children, Food Stamps, and Medi-Cal programs.

State Codes and Statutes

11000.  The provisions of law relating to a public assistance
program shall be fairly and equitably construed to effect the stated
objects and purposes of the program.



11001.  No person receiving aid under a public assistance program
shall be considered a pauper or an indigent by reason thereof, and no
warrant drawn in payment of the aid given shall contain any
reference to indigency or pauperism.


11002.  All aid given under a public assistance program shall be
absolutely inalienable by any assignment, sale, or otherwise.



11003.  If the United States Department of Health, Education, and
Welfare issues a formal ruling that any section of this code relating
to public assistance cannot be given effect without causing this
state's plan to be out of conformity with federal requirements, the
section shall become inoperative to the extent that it is not in
conformity with federal requirements.



11004.  The provisions of this code relative to public social
services for which state grants-in-aid are made to the counties shall
be administered fairly to the end that all persons who are eligible
and apply for such public social services shall receive the
assistance to which they are entitled promptly, with due
consideration for the needs of applicants and the safeguarding of
public funds.
   (a) Any applicant for, or recipient or payee of, such public
social services shall be informed as to the provisions of eligibility
and his or her responsibility for reporting facts material to a
correct determination of eligibility and grant.
   (b) Any applicant for, or recipient or payee of, such public
social services shall be responsible for reporting accurately and
completely within his or her competence those facts required of him
or her pursuant to subdivision (a) and to report promptly any changes
in those facts.
   (c) Current and future grants payable to an assistance unit may be
reduced because of prior overpayments. In cases where the
overpayment was caused by agency error, grant payments shall be
reduced by 5 percent of the maximum aid payment of the assistance
unit. Grant payments to be adjusted because of prior overpayments
because of any other reason shall be reduced by 10 percent of the
maximum aid payments for the assistance unit. A recipient may have an
overpayment adjustment in excess of the amounts allowable under this
section if the recipient requests it.
   (d) No determination of ineligibility shall be made
retrospectively so as to result in an assessment of an overpayment in
circumstances where there is a failure on the part of an applicant
or recipient to perform an act constituting a condition of
eligibility, if the failure is caused by an error made by a state
agency or a county welfare department, and if the amount of the grant
received by the applicant or recipient would not have been different
had the act been performed.
   (e) Prior to effectuating any reduction of current grants to
recover past overpayments, the recipient shall be advised of the
proposed reduction and of his or her entitlement to a hearing on the
propriety of the reduction.
   (f) If the department determines after a hearing that an
overpayment has occurred, the county providing the public social
services shall seek to recover in accordance with subdivision (c) the
full amount of the overpayment to the assistance unit, including any
amount paid while the hearing process was pending. Such adjustment
shall be permitted concurrently with any suit for restitution, and
recovery of overpayment by adjustment shall reduce by the amount of
such recovery the extent of liability for restitution.
   (g) If the individual is no longer receiving aid under Chapter 2
(commencing with Section 11200) recovery of overpayments received
under that chapter shall not be attempted where the outstanding
overpayments are less than thirty-five dollars ($35). Where the
overpayment amounts owed are thirty-five dollars ($35) or more,
reasonable cost-effective efforts at collection shall be implemented.
Reasonable efforts shall include notification of the amount of the
overpayment and that repayment is required. The department shall
define reasonable cost-effective collection methods. In cases
involving fraud, every effort shall be made to collect the
overpayments regardless of the amount.
   (h) If the individual responsible for the overpayment to the
assistance unit is no longer eligible for public social services or
if he or she becomes a member of another assistance unit, recoupment
of overpayments shall be made against the individual or his or her
present assistance unit, or both.
   (i) Where an overpayment has been made to an assistance unit which
is no longer receiving public social services, recovery shall be
made by appropriate action under state law against the income or
resources of the individual responsible for the overpayment or
against the family.
   (j) No civil or criminal action may be commenced against any
person based on alleged unlawful application for or receipt of public
social services, where the case record of such person has been
destroyed after the expiration of the four-year retention period
pursuant to Section 10851.
   (k) When an underpayment or denial of public social service occurs
and as a result the applicant or recipient does not receive the
amount to which he or she is entitled, the county shall provide
public social services equal to the full amount of the underpayment
unless prohibited by federal law. In cases that have both an
underpayment and an overpayment, the underpayment shall be offset
against the overpayment prior to correcting any remaining
underpayment.
   Any corrective payments made pursuant to this subdivision shall be
disregarded in determining the income of the family and shall be
disregarded in determining the resources of the family in the month
the corrective payment is made and in the following month.
   (l) This subdivision shall be applicable only to applicants,
recipients and payees under Chapter 2 (commencing with Section 11200)
of Part 3 of Division 9. Any suits to recover overpayments described
in subdivision (f) shall be brought on behalf of the county by the
county counsel unless the board of supervisors delegates such duty to
the district attorney by ordinance or resolution.



11004.1.  (a) In addition to Section 11004, this section shall apply
to the CalWORKs program.
   (b) The amount of any CalWORKs grant overpayment shall be the
difference between the grant amount the assistance unit actually
received and the grant amount the assistance unit would have received
under the quarterly reporting, prospective budgeting system if no
county error had occurred or if the recipient had timely, completely,
and accurately reported as required under Sections 11265.1 and
11265.3. No overpayment shall be established based on any differences
between the amount of income the county reasonably anticipated the
recipient would receive during the quarterly reporting period and the
income the recipient actually received during that period, provided
the recipient's report was complete and accurate.
   (c) No CalWORKs grant underpayment shall be established based on
any differences between the amount of income the county reasonably
anticipated the recipient would receive during the quarterly
reporting period and the income the recipient actually received
during that period.


11005.  Any special need allowance for mileage and for the expenses
of the operation and maintenance of an automobile shall be fixed to
operate in a uniform manner throughout the state by the department.



11005.5.  All money paid to a recipient or recipient group as aid is
intended to help the recipient meet his individual needs or, in the
case of a recipient group, the needs of the recipient group, and is
not for the benefit of any other person. Aid granted under this part
or Part A of Title XVI of the Social Security Act to a recipient or
recipient group and the income or resources of such recipient or
recipient group shall not be considered in determining eligibility
for or the amount of aid of any other recipient or recipient group.



11006.  Except as basic needs are provided pursuant to a life care
agreement governed by Chapter 10 (commencing with Section 1770) of
Division 2 of the Health and Safety Code, to the extent permitted by
federal law the director shall formulate and promulgate regulations
which establish criteria for evaluation of allowances provided to
recipients of public assistance under the following circumstances:
   1. Applicants or recipients who reside in a facility operated by
an organization that provides for any or all of the basic needs of
the individual.
   2. Applicants or recipients who reside under a living arrangement
paid for and controlled by an organization.



11006.1.  Notwithstanding any other provision of law, each grant of
aid under Chapter 5 (commencing with Section 13000) shall be
increased in the amount of two dollars ($2), as a basic need of the
recipient. Grant increases provided pursuant to this section are
specifically intended to assure that the tax shift provisions of the
Property Tax Relief Act of 1972 will not work a hardship on welfare
recipients. Such grant increases shall not replace, but are in
addition to any other grant, including any cost-of-living adjustment
or any grant for special needs for which recipients affected by this
section are or may become eligible.


11006.2.  (a) The department may provide for the delivery of public
assistance payments at any time during the month consistent with
federal law relating to recipient monthly reporting requirements.
   (b) The department shall cooperate with county treasurers and
private financial service providers, including depository
institutions, licensed check sellers, data processing service
vendors, and retail merchants, in developing and implementing an
electronically based system for delivering public assistance payments
to those recipients who do not have individual deposit accounts with
financial institutions.
   (c) (1) Notwithstanding any other provision of law, any person
entitled to the receipt of public assistance payments may authorize
payment to be directly deposited by electronic fund transfer into the
person's account at the financial institution of his or her choice
under a program for direct deposit by electronic transfer established
by the county treasurer. The direct deposit shall discharge the
department's obligation with respect to the payment.
   (2) Each county treasurer shall make an agreement with one or more
financial institutions participating in the Automated Clearing House
pursuant to the local rules, and shall, by December 1, 2001,
establish a program for the direct deposit by electronic fund
transfer of payments to any person entitled to the receipt of public
assistance benefits who authorizes the direct deposit thereof into
the person's account at the financial institution of his or her
choice.
   (3) This subdivision shall apply in each county that offers a
program for direct deposit by electronic funds transfer to some or
all of its employees.



11006.2.  (a) The department may provide for the delivery of public
assistance payments at any time during the month.
   (b) The department shall cooperate with county treasurers and
private financial service providers, including depository
institutions, licensed check sellers, data processing service
vendors, and retail merchants, in developing and implementing an
electronically based system for delivering public assistance payments
to those recipients who do not have individual deposit accounts with
financial institutions.
   (c) (1) Notwithstanding any other provision of law, any person
entitled to the receipt of public assistance payments may authorize
payment to be directly deposited by electronic fund transfer into the
person's account at the financial institution of his or her choice
under a program for direct deposit by electronic transfer established
by the county treasurer. The direct deposit shall discharge the
department's obligation with respect to the payment.
   (2) Each county treasurer shall make an agreement with one or more
financial institutions participating in the Automated Clearing House
pursuant to the local rules, and shall, by December 1, 2001,
establish a program for the direct deposit by electronic fund
transfer of payments to any person entitled to the receipt of public
assistance benefits who authorizes the direct deposit thereof into
the person's account at the financial institution of his or her
choice.
   (3) This subdivision shall apply in each county that offers a
program for direct deposit by electronic funds transfer to some or
all of its employees.



11006.4.  Notwithstanding any other provision of law, when payment
of aid under Chapter 2 (commencing with Section 11200) of this part
is made by mail, the envelope shall bear on its face:
   (a) A statement that it is not to be forwarded.
   (b) A statement that address correction is requested.



11006.5.  This section shall be applicable only to those aid
recipients under Chapter 3 (commencing with Section 12000) and
Chapter 4 (commencing with Section 12500) of this part.
   Alternate methods of providing assistance may be used for
recipients of aid who are found to be unable to manage the cash grant
to their own best advantage. Such payment may only be used when it
is determined by the county director that the recipient has, by
reason of his physical or mental condition, such inability to manage
funds that making cash payments to him would be contrary to his
welfare.
   Aid under this section may be paid to a guardian or conservator on
behalf of the recipient. If no guardian or conservator is available,
aid shall be paid, in whole or in part, to some other individual who
is interested in or concerned with the welfare of the recipient. In
the absence of superseding federal law, the department shall make
regulations for the payment of aid under this section and for the
selection of such substitute payee.


11006.6.  (a) The department may establish and operate a central
benefit issuance system in one or more counties whereby grants in aid
paid pursuant to this part or any other program administered by the
department and cash payments under the Food Stamp Program may be
issued directly to the recipient by the Controller. Warrants
representing payments under this system shall be drawn on the Central
Benefit Issuance Fund. In counties where the central benefit
issuance system is in operation, Sections 15150, 15150.5, 15151, and
15153, and any other related section shall not apply with respect to
benefits.
   (b) (1) In a case of emergency or immediate need by a recipient
that cannot be addressed in a timely manner, as set forth in existing
law, by issuance of a Controller's warrant, those counties, acting
as agents for the department, shall authorize payment to be issued by
the Central Benefit Issuance System directly to recipients from a
department account designated for that purpose.
   (2) Any check issued pursuant to paragraph (1) that remains unpaid
for 180 days after it becomes payable shall be void and shall be
canceled by the department and redeposited to the account from which
it is drawn. The department shall cause to be printed prominently on
the face of any check issued pursuant to paragraph (1) a notice of
the requirements of this paragraph.
   (c) The department shall ensure that aid issued through a central
benefit issuance system is delivered timely and that the system does
not reduce the accessibility of benefits and services to the
recipient.


11006.9.  It is a cause for revocation of a permit or license by the
department or the State Department of Health Services for any
person, association, or corporation that maintains, conducts, or, as
manager or officer or in any other administrative capacity, assists
in maintaining or conducting any nursing facility, any category of
intermediate care facility for the developmentally disabled, or
nonmedical board and care facility to obtain, as an additional cost
of care, aid allocated to a recipient for his or her personal or
incidental needs or to obtain and fail to deliver such aid allocation
to the recipient. The department or the State Department of Health
Services shall initiate license or permit revocation proceedings.




11007.  Aid granted to a recipient of public assistance shall not
constitute a lien upon any property of the recipient.
   The cost of hospitalization furnished by a county to the recipient
shall not constitute a lien against the personal property or
personal effects of the recipient, or against an interment plot as
defined in Section 7022 of the Health and Safety Code.
   The cost of hospitalization furnished by a county to a recipient,
other than a recipient of aid to families with dependent children, on
or after May 21, 1963, and any judgment obtained by a county against
the recipient to obtain repayment of such costs, shall not
constitute a lien against the real property of the recipient, and no
lien shall be taken therefor.



11008.  (a) In order that recipients of public assistance may become
self-supporting and productive members of their communities, it is
essential that they be permitted to earn money without a
proportionate deduction in their aid grants. It is the intention of
the Legislature to promote this objective and the department, in
implementing public assistance laws, is directed to do so in the
light of this objective.
   (b) To the extent required by federal law, earned income of a
recipient of aid under any public assistance program for which
federal funds are available shall not be considered income or
resources of the recipient, and shall not be deducted from the amount
of aid to which the recipient would otherwise be entitled. In
computing the amount of income determined to be available to support
a recipient, the value of currently used resources shall be included,
except as provided in Section 11018.
   (c) This section does not apply to recipients under Chapter 3
(commencing with Section 12000) of this part.



11008.1.  To the extent permitted by federal law, income, including
but not limited to seven dollars and fifty cents ($7.50) of any
income, received by a recipient of aid under Chapter 3 (commencing
with Section 12000), Chapter 4 (commencing with Section 12500), or
Chapter 6 (commencing with Section 13500) of this part shall not be
considered income or resources of the recipient and shall not be
deducted from the amount of aid to which the recipient would
otherwise be entitled.
   This section shall be known and may be cited as the Social
Security Pass-On.



11008.2.  To the extent permitted by federal law, lump sum
retroactive social security payments received under the provisions of
Public Law 92-5 shall not be considered in determining the amount
payable to any person under aid to families with dependent children,
aid to the blind, aid to the aged, aid to the potentially
self-supporting blind, aid to the needy disabled, Medi-Cal, or county
aid and relief to indigents.
   This section shall not be construed to limit the provisions of
Section 11008.1.



11008.3.  The 1974 income tax refunds and the lump sum fifty dollars
($50) payment received under the provisions of Public Law 94-12
shall not be considered as income or resources in determining the
amount payable to any person under the aid to families with dependent
children program, the Burton-Moscone-Bagley Citizens' Income
Security Act for Aged, Blind and Disabled Californians, the aid to
the potentially self-supporting blind program, the Medi-Cal Act, in
computing net income or financial liability under Section 14005.7 or
14005.12, or county aid and relief to indigents.
   This section shall not be construed to limit the provisions of
Section 11008 or 11008.1.



11008.4.  Property taxes (1) as defined in Section 20584 of the
Revenue and Taxation Code, which are postponed by a person pursuant
to Chapter 2 (commencing with Section 20581) or 3 (commencing with
Section 20641) of Part 10.5 of Division 2 of the Revenue and Taxation
Code, and (2) as defined in Section 20511 and 20512 of the Revenue
and Taxation Code, on which a person is granted assistance pursuant
to Chapter 1 (commencing with Section 20501) of Part 10.5 of Division
2 of the Revenue and Taxation Code, and renters credits as defined
in Section 17053.5 of the Revenue and Taxation Code, shall not be
considered as income or resources in determining the amount payable
to any person under Division 9 (commencing with Section 10000) of the
Welfare and Institutions Code.
   This section shall not be construed to limit the provisions of
Section 11008 or 11008.1.


11008.6.  In addition to the requirements contained in Section
11008, when determining the income of a recipient, to the extent
permitted by federal law, relocation assistance benefits received by
public assistance recipients pursuant to the Housing Act of 1964,
Public Law 88-560, and benefits received under the Manpower
Development and Training Act of 1962, Public Law 87-415 as amended,
and the Elementary and Secondary Education Act of 1965, Public Law
89-10, shall not be considered income or resources of the recipient
and shall not be deducted from the amount of aid to which the
recipient would otherwise be entitled. The provisions of this section
shall not apply to recipients who receive benefits under the
Manpower Development and Training Act of 1962, Public Law 87-415 as
amended, or the Elementary and Secondary Education Act of 1965,
Public Law 89-10, when the recipient, for other than medical reasons,
changes his training program on his own initiative more than once
during a two-year period.



11008.7.  Neither funds distributed pursuant to U.S. Public Law
90-507 (82 Stat. 860) nor property derived therefrom shall be
considered in determining the eligibility of or the amount payable to
any person under federal, state, or local laws, plans, rules, or
regulations relating to welfare services or payments of any type of
public assistance to needy persons, including, but not limited to,
aid to families with dependent children, aid to the blind, aid to the
aged, aid to the potentially self-supporting blind, aid to the needy
disabled or medical assistance recipients.



11008.8.  It is the intent of the Legislature that any reduction in
the state and county costs of public assistance payments to
recipients of aid under Chapter 5 (commencing with Section 13000) of
this part, which result from increased social security benefits voted
by Congress shall be applied to increasing the monthly grants to all
recipients of aid under that chapter.
   Notwithstanding any other provision of law, on and after October
1, 1972, the maximum or average grants contained in Sections 13100
and 13101 and the need standard of recipients contained in
departmental regulations on July 1, 1972, that were established
pursuant to such sections shall be increased in the amount of twelve
dollars ($12). Such increases shall be reflected in the grants that
are payable on October 1, 1972. Such increases shall not replace, but
are in addition to any other grant, including any cost-of-living
adjustment or any grant for special needs for which recipients
affected by this section are or may become eligible.
   There is hereby appropriated from the general fund in every county
an amount sufficient to pay the total nonfederal costs of the
increase in aid grants provided in this section.




11008.9.  Loans or grants provided for in Section 69650 of the
Education Code are deemed to be for educational purposes and to the
extent permitted by federal law, shall not be used or considered in
determining the need of any applicant or recipient or as part of the
amounts used to determine the eligibility of any applicant or
recipient for public assistance programs.
   This section shall not apply to recipients under Chapter 3
(commencing with Section 12000) of this part.




11008.10.  To the extent permitted by federal law the value of any
loan or grant to any undergraduate student made or insured under any
program administered by the State Scholarship and Loan Commission or
a college accredited by the Western Association of Schools and
Colleges shall not be considered in determining eligibility or the
amount of the grant.



11008.11.  To the extent permitted by federal law, any stipends,
meals, transportation, or other income received by a senior companion
pursuant to Chapter 7 (commencing with Section 9520) of Division 8.5
shall not be considered as income or resources of the recipient and
shall not be deducted from the amount of any public assistance or aid
to which the recipient would otherwise be entitled under this
division.



11008.12.  To the extent permitted by federal law, any stipend,
meals, transportation, or other income received by a foster
grandparent pursuant to Chapter 8 (commencing with Section 9540) of
Division 8.5 shall not be considered as income or resources of the
recipient and shall not be deducted from the amount of any public
assistance or aid to which the recipient would otherwise be entitled
under this division.



11008.13.  To the extent permitted by federal law and consistent
with other provisions of this chapter, in determining the eligibility
and amount of aid under this division for an alien for whom an
affidavit of support was executed prior to December 19, 1997, the
income and resources of the alien shall be deemed to include the
income and resources of any person who had executed an affidavit of
support on behalf of the alien and the spouse of that person as
provided in Section 408 of the Social Security Act (42 U.S.C. Sec.
608) and any subsequent amendments thereto.



11008.135.  (a) Notwithstanding any other provision of law, in
determining the eligibility and amount of aid for an alien under this
division, the income and resources of the alien shall be deemed to
include the income and resources of any person who has executed an
affidavit of support on behalf of the alien and the spouse of that
person as provided in Subtitle C (commencing with Section 421) of
Title IV of Public Law 104-193, as amended by Public Law 104-208, and
any subsequent amendments thereto, subject to any exceptions
required by those provisions, including exceptions for indigents and
battered spouses.
   (b) As a condition of eligibility, the sponsored applicant or
recipient shall provide information regarding the income and
resources of any person, and the spouse of that person, who has
executed an affidavit of support on behalf of the alien.



11008.14.  The income of the natural or adoptive parent, and the
spouse of the natural or adoptive parent, and the sibling of an
eligible child, living in the same home with an eligible child shall
be considered available, in addition to the income of an applicant
for or recipient of aid under Chapter 2 (commencing with Section
11200), for purposes of eligibility determination and grant
computation. Except as otherwise provided in this section, in the
case of a parent or legal guardian of a minor who is also the parent
of an eligible child, the income of the parent or guardian shall be
considered available to the minor parent and eligible child to the
same extent that income to a stepparent is considered available to an
assistance unit.
   This section shall be applied to all applicants for, and
recipients of, Aid to Families with Dependent Children provided under
Chapter 2 (commencing with Section 11200), except that income of a
guardian of an applicant for, or recipient of, foster care benefits
provided under Article 5 (commencing with Section 11400) of Chapter 2
shall not be considered available to the ward or to a child of the
ward for the purpose of eligibility determination and grant
computation under Article 5 (commencing with Section 11400) of
Chapter 2. This section shall be applied regardless of whether
federal financial participation is available for the family.



11008.15.  Notwithstanding Sections 11008.14 and 11267, the
department shall exercise the options of disregarding earned income
of a dependent child or ward of the juvenile court derived from
participation in the Job Training Partnership Act of 1982 (Public Law
97-300), a dependent child or ward of the juvenile court who is a
full-time student pursuant to the Deficit Reduction Act of 1984
(Public Law 97-369), a dependent child or ward of the juvenile court
16 years of age or older who is a participant in the Independent
Living Program pursuant to the Consolidated Omnibus Budget
Reconciliation Act of 1985 (Public Law 99-272), and, on and after
January 1, 2012, a nonminor dependent, as defined in subdivision (v)
of Section 11400 who is participating in a transitional independent
living case plan pursuant to the federal Fostering Connections to
Success and Increasing Adoptions Act of 2008 (Public Law 110-351),
provided that the child's Independent Living Program case plan states
that the purpose of the employment is to enable the child to gain
knowledge of needed work skills, work habits, and the
responsibilities of maintaining employment.



11008.17.  (a) To the extent required by federal law, amounts paid
pursuant to any federal law enacted in 1988 to provide reparation
payments to redress the injustice done to United States citizens and
resident aliens of Japanese ancestry who were interned during World
War II shall not be considered as income or resources for purposes of
determining eligibility to receive Medi-Cal benefits or public
assistance benefits or the amount of those benefits.
   (b) To the extent that federal financial participation is
available, amounts paid by the Canadian government to provide
reparation payments to redress the injustice done to persons of
Japanese ancestry who were interned in Canada during World War II
shall not be considered as income or resources for purposes of
determining eligibility to receive Medi-Cal benefits or public
assistance benefits or the amount of those benefits.
   (c) To the extent that federal financial participation is
available, where the reparation payments described in subdivisions
(a) and (b) have been converted to another form, amounts of otherwise
excess nonexempt resources equal to the amount of these reparation
payments received by the individual or inherited by the spouse of the
individual, or both, shall not be considered as resources in
determining eligibility for Medi-Cal.
   (d) To the extent that federal financial participation is
available, reparation payments described in subdivisions (a) and (b),
or where the reparation payments described in subdivisions (a) and
(b) have been converted to another form, amounts of resources equal
to the amount of these reparation payments, received by the deceased
Medi-Cal beneficiary or inherited by the deceased spouse of that
beneficiary, or both, shall be exempt from estate recovery by the
State Department of Health Services pursuant to Section 14009.5.




11008.18.  The department shall implement the state option in
Section 402(a)(36) of the federal Social Security Act (42 U.S.C. Sec.
602(a)(36)) and as that statute may hereinafter be amended, which
provides that the value of support assistance or maintenance
assistance, or both, provided in the form of any in-kind income on
the basis of need to, or on behalf of, a family by all entities
described in Section 402(a)(36) of the federal Social Security Act
(42 U.S.C. Sec. 602(a)(36)) and as that statute may hereinafter be
amended shall be disregarded as income.



11008.19.  (a) (1) To the degree child care and development services
administered by the State Department of Education pursuant to
Chapter 2 (commencing with Section 8200) of Part 6 of the Education
Code are used to serve families receiving aid to families with
dependent children that are eligible for child care under the AFDC
program, the department and the State Department of Education, in
consultation with the county welfare departments, shall establish a
system for documenting child care usage by this population so the
state can claim the maximum amount to which it is entitled under
Title IV-A of the Social Security Act, contained in Part A
(commencing with Section 601) of Subchapter 4 of Chapter 7 of Title
42 of the United States Code.
   (2) To the extent permitted by federal law, the department and the
State Department of Education shall coordinate their efforts and
claim federal financial participation pursuant to Title IV-A of the
Social Security Act.
   (3) Upon the approval of the Superintendent of Public Instruction,
the department, and the State Department of Education shall enter
into an interagency agreement to transfer Title IV-A funds from the
department to the State Department of Education and to ensure that
all federal requirements are met in carrying out the program made
possible by the receipt of Title IV-A funds.
   (4) The system established pursuant to paragraph (1) shall be
implemented only to the extent that its implementation does not
result in an overall increase in expenditures from the General Fund.
   (b) (1) Title IV-A funds received pursuant to paragraph (1) of
subdivision (a) shall be used to expand child care and development
services in accordance with the interagency agreement required by
paragraph (3) of subdivision (a).
   (2) In no case shall Title IV-A funds received pursuant to this
section be used to supplant existing state funds and cause the state
to violate the maintenance of effort requirements for the federal
Child Care and Development Block Grant and the Title IV-A "at-risk"
programs. Funds made available pursuant to subdivision (a) shall be
expended by the departments to support the following:
   (A) Any additional administrative costs associated with
documenting and claiming federal reimbursement incurred by the
department, the State Department of Education, county welfare
offices, and child care and development services contractors.
   (B) Expanded child care and development services to families
receiving AFDC benefits, in the following order of priority:
   (i) AFDC families in approved education and training programs,
except those receiving services under Article 3.2 (commencing with
Section 11320) of Chapter 2.
   (ii) AFDC applicants or recipients who choose the Alternative
Assistance Program pursuant to Section 11280.
   (iii) All other AFDC recipients who meet the eligibility criteria
for federally funded Title IV-A child care pursuant to this section.
   (c) (1) Notwithstanding Section 8278 of the Education Code and
Item 6110-196-001 of the Budget Act of 1991 (Chapter 118 of the
Statutes of 1991), the Superintendent of Public Instruction may
authorize the expenditure of not more than one million dollars
($1,000,000) in child care carryover funds by the State Department of
Education and the State Department of Social Services, through an
interagency agreement, for the purposes of implementing the program
specified in this section in the 1991-92 and 1992-93 fiscal years.
   (2) Prior to making the authorization under paragraph (1), the
Superintendent of Public Instruction shall notify the appropriate
policy and fiscal committees of the Legislature of the amounts to be
expended pursuant to this subdivision.
   (3) Funds that may be expended pursuant to this subdivision shall
be expended for the purpose of supporting administrative costs
associated with claiming federal reimbursement for families with
dependent children receiving services pursuant to Chapter 2
(commencing with Section 8200) of Part 6 of the Education Code. In
the 1993-94 fiscal year and subsequent fiscal years, state
administrative funds for both departments shall be appropriated in
the annual Budget Act pursuant to subdivision (b).
   (d) For purposes of this section, "Title IV-A funds" means federal
money received pursuant to Part A (commencing with Section 601) of
Subchapter 4 of Chapter 7 of Title 42 of the United States Code.



11008.20.  (a) Notwithstanding any other provision of law, any
amount, including any interest or property, received by a holocaust
victim, as defined in subparagraph (A) of paragraph (2) of
subdivision (b) of Section 17155 of the Revenue and Taxation Code
either as compensation pursuant to the German Act Regulating
Unresolved Property Claims, as amended (Gesetz zur Regelung offener
Vermogensfragen), or as a result of a settlement of claims against
any entity or individual for any recovered asset, shall not be
considered as income or resources for purposes of determining
eligibility to receive Medi-Cal benefits or public assistance
benefits or the amounts of those benefits.
   (b) To the extent permitted by federal law, excludable restitution
payments, as defined in Section 17131.1 of the Revenue and Taxation
Code, shall not be included in income or resources of any individual
who is eligible for the exclusion under Section 17131.1 of the
Revenue and Taxation Code for purposes of determining eligibility for
any aid, grant, or benefit under this division.
   (c) This section shall not be construed to permit any retroactive
services or payments to be provided to recipients of Medi-Cal or
public assistance benefits.



11009.1.  The value of free board and lodging supplied to a
recipient during a temporary absence from his home of not more than
one month, shall be considered an inconsequential resource and shall
not be deducted from the amount of aid to which the recipient is
otherwise entitled.
   After an absence of one month, free board and lodging shall be
considered income to the extent the value exceeds the continuing cost
to the recipient of maintaining the home to which he expects to
return.
   This section shall not apply to recipients under Chapter 3
(commencing with Section 12000) of this part.



11010.  Except as otherwise provided in Section 12152 in determining
the amount of aid grants payable under a public assistance program,
no consideration shall be given to voluntary contributions or grants
from other public sources, private agencies, friends or relatives
when such contributions or grants meet the following conditions:
   1. The service to be provided is designated by the department and
is not covered by an assistance allowance under the particular
program, and
   2. The contribution or grant would not be available for
expenditure by or in behalf of the recipient unless it is used in
accordance with the conditions imposed by the donor.



11010.5.  General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services under this division or Division 5 (commencing with Section
5000).



11013.  (a) The department may require issuance of an identification
card to recipients of aid.
   The identification card shall contain the following information:
   (1) Name and address of the recipient.
   (2) Social security number.
   (3) Color photograph and identifying characteristics.
   (b) The department shall determine the need for including
additional information and instructions on the identification card.




11014.  To the extent that any provision of this part prohibits the
granting of aid to persons confined in a public institution for
tuberculosis or mental disease or as a result of the diagnosis of
tuberculosis, mental retardation, or psychosis permitted by federal
law, such provision shall be inoperative.



11015.  Unless there are other grounds therefor, aid grants shall
not be withheld pending ascertainment of increases in federal
benefits or increases in benefits payable by a public agency.
   Following the ascertainment of any such increase, adjustment shall
be made, as provided in subdivision (c) of Section 11004, for any
overpayment of aid which the recipient might have received.



11016.  Notwithstanding any other provision of law, no person for
whom federal financial participation is available shall be denied
benefits, for which federal financial participation is available,
solely because such person is incarcerated in a county or city jail
or juvenile detention facility.



11017.  In computing and paying assistance under this part, the need
and income amounts used shall be rounded to the next lower whole
dollar when the result of determining the standard of need or the
payment amount includes an amount which is not a whole dollar.




11017.1.  Notwithstanding the provisions of Section 11017, the State
Department of Social Services, at the next computation of annual
cost-of-living adjustments for public assistance payments on and
after August 28, 1969, under Part 3 (commencing with Section 11000)
of Division 9 of the Welfare and Institutions Code, shall make all
such adjustments to the nearer fifty cents ($0.50) in order that all
future grant computations and payments may be made to the nearer
dollar. Thereafter subsequent cost-of-living adjustments shall be
made to the nearer dollar.



11020.  Where a recipient under a categorical aid program has
received aid in good faith but in fact owned excess property, he
shall be considered to have been ineligible for aid during the period
for which any excess property would have supported him at the rate
of the aid granted to him. In such case the recipient or his estate
shall repay the aid he received during such period of ineligibility.
   With respect to recipients under Chapter 3 (commencing with
Section 12000) of this part, overpayments shall be collected by the
federal government pursuant to federal law.



11020.  (a) Where a recipient under a categorical aid program other
than CalWORKs has received aid in good faith but in fact owned excess
property, he or she shall be considered to have been ineligible for
aid during the period for which any excess property would have
supported him or her at the rate of the aid granted to him or her. In
such case the recipient or his estate shall repay the aid he
received during this period of ineligibility.
   (b) With respect to recipients under Chapter 3 (commencing with
Section 12000) of this part, overpayments shall be collected by the
federal government pursuant to federal law.
   (c) Where a CalWORKs recipient has received aid in good faith, but
in fact owned excess property, the recipient shall have an
overpayment equal to the lesser of the amount of the excess property
or the aid received during the period the recipient owned the excess
property and the grant was not accurately determined under the
quarterly reporting, prospective budgeting system due to the excess
property.


11021.  Notwithstanding any other provision of law, no individual
who is an applicant for, or recipient of, aid or assistance under a
state plan approved under Title IV, X, XIV, XVI, or XIX of the
federal Social Security Act; assistance funded by payments under
Title V or XX of the federal Social Security Act; or of benefits
under the Supplemental Security Income program established by Title
XVI of the federal Social Security Act shall:
   (a) Be required as a condition of eligibility for or of continuing
to receive that aid, assistance, or benefit, to make an election to
receive funds according to Section 10113.1 of the Insurance Code, or
to receive funds under an accelerated death benefit under a policy of
life insurance.
   (b) By reason of failure to make such an election, be denied or
suffer a reduction in the amount of aid, assistance, or benefits,
unless that individual would thereby exceed federal eligibility
limits under Title IV, X, XIV, XVI, or XIX of the federal Social
Security Act, assistance funded by payments under Title V or XX of
the federal Social Security Act, or of benefits under the
Supplemental Security Income program established by Title XVI of the
federal Social Security Act.
   For purposes of this section, "accelerated death benefit" means
any payment made by the life insurer under the terms of a life
insurance policy while the insured individual is alive as a result of
a recalculation of the insured individual's life expectancy by the
life insurer.


11022.  The State Department of Health Services and the State
Department of Social Services shall prepare information on the effect
of funds received according to Sections 10113.1 and 10113.2 of the
Insurance Code as to eligibility to receive or to continue to receive
aid, assistance, or benefits from all federal, state, or other
relevant assistance programs. All information shall be prepared for
distribution to benefit counselors and viatical settlements
corporations to be distributed at the time of solicitation by
viatical settlements corporations.


11023.5.  (a) Any applicant or recipient of benefits under the Aid
to Families with Dependent Children, Food Stamps, and Medi-Cal
programs, who delivers a document which has been requested by the
county welfare department shall, upon the applicant's or recipient's
request, be provided with a written receipt indicating that the
county welfare department has received the document. A notice which
explains an applicant's and recipient's right to receipts upon
request shall be prominently posted by the county welfare department
at the location where the document is to be delivered. The receipt
shall be issued at the time the document is delivered.
   (1) A county which maintains a system of logging hand delivered
documents is exempt from the requirements of this subdivision.
   (2) County welfare departments which provide receipts for all hand
delivered documents without a request by an applicant or recipient
shall be exempt from the notice posting requirement.
   (b) The county welfare department shall only provide receipts for
documents which have been delivered in person to a county welfare
department employee other than the applicant's or recipient's
regularly assigned caseworker and to the location in which or through
which the caseworker conducts his or her business. Only one receipt
is required for monthly income reports and their supporting documents
which are hand delivered. Monthly income reports and other requested
documents which have been mailed shall not be subject to the
requirements of this section.
   (c) In consultation with the County Welfare Directors Association
and the Coalition of California Welfare Rights Organizations, the
department shall develop the notice which informs applicants and
recipients of the right to receipts for hand delivered documents and
shall develop minimum guidelines for county receipt forms.
   (d) As used in this section, "applicant or recipient" means an
applicant or recipient of benefits under the Aid to Families with
Dependent Children, Food Stamps, and Medi-Cal programs.

• Laws
• Lawyers
• Find Laws
• Legal Forms
• State Laws

• Laws
• Lawyers
• Find Laws
• Legal Forms
• State Laws

Share 0  Share 0  Tweet 0  +1 0  Share

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > California > Wic > 11000-11023.5

WELFARE AND INSTITUTIONS CODE
SECTION 11000-11023.5

11000.  The provisions of law relating to a public assistance
program shall be fairly and equitably construed to effect the stated
objects and purposes of the program.



11001.  No person receiving aid under a public assistance program
shall be considered a pauper or an indigent by reason thereof, and no
warrant drawn in payment of the aid given shall contain any
reference to indigency or pauperism.


11002.  All aid given under a public assistance program shall be
absolutely inalienable by any assignment, sale, or otherwise.



11003.  If the United States Department of Health, Education, and
Welfare issues a formal ruling that any section of this code relating
to public assistance cannot be given effect without causing this
state's plan to be out of conformity with federal requirements, the
section shall become inoperative to the extent that it is not in
conformity with federal requirements.



11004.  The provisions of this code relative to public social
services for which state grants-in-aid are made to the counties shall
be administered fairly to the end that all persons who are eligible
and apply for such public social services shall receive the
assistance to which they are entitled promptly, with due
consideration for the needs of applicants and the safeguarding of
public funds.
   (a) Any applicant for, or recipient or payee of, such public
social services shall be informed as to the provisions of eligibility
and his or her responsibility for reporting facts material to a
correct determination of eligibility and grant.
   (b) Any applicant for, or recipient or payee of, such public
social services shall be responsible for reporting accurately and
completely within his or her competence those facts required of him
or her pursuant to subdivision (a) and to report promptly any changes
in those facts.
   (c) Current and future grants payable to an assistance unit may be
reduced because of prior overpayments. In cases where the
overpayment was caused by agency error, grant payments shall be
reduced by 5 percent of the maximum aid payment of the assistance
unit. Grant payments to be adjusted because of prior overpayments
because of any other reason shall be reduced by 10 percent of the
maximum aid payments for the assistance unit. A recipient may have an
overpayment adjustment in excess of the amounts allowable under this
section if the recipient requests it.
   (d) No determination of ineligibility shall be made
retrospectively so as to result in an assessment of an overpayment in
circumstances where there is a failure on the part of an applicant
or recipient to perform an act constituting a condition of
eligibility, if the failure is caused by an error made by a state
agency or a county welfare department, and if the amount of the grant
received by the applicant or recipient would not have been different
had the act been performed.
   (e) Prior to effectuating any reduction of current grants to
recover past overpayments, the recipient shall be advised of the
proposed reduction and of his or her entitlement to a hearing on the
propriety of the reduction.
   (f) If the department determines after a hearing that an
overpayment has occurred, the county providing the public social
services shall seek to recover in accordance with subdivision (c) the
full amount of the overpayment to the assistance unit, including any
amount paid while the hearing process was pending. Such adjustment
shall be permitted concurrently with any suit for restitution, and
recovery of overpayment by adjustment shall reduce by the amount of
such recovery the extent of liability for restitution.
   (g) If the individual is no longer receiving aid under Chapter 2
(commencing with Section 11200) recovery of overpayments received
under that chapter shall not be attempted where the outstanding
overpayments are less than thirty-five dollars ($35). Where the
overpayment amounts owed are thirty-five dollars ($35) or more,
reasonable cost-effective efforts at collection shall be implemented.
Reasonable efforts shall include notification of the amount of the
overpayment and that repayment is required. The department shall
define reasonable cost-effective collection methods. In cases
involving fraud, every effort shall be made to collect the
overpayments regardless of the amount.
   (h) If the individual responsible for the overpayment to the
assistance unit is no longer eligible for public social services or
if he or she becomes a member of another assistance unit, recoupment
of overpayments shall be made against the individual or his or her
present assistance unit, or both.
   (i) Where an overpayment has been made to an assistance unit which
is no longer receiving public social services, recovery shall be
made by appropriate action under state law against the income or
resources of the individual responsible for the overpayment or
against the family.
   (j) No civil or criminal action may be commenced against any
person based on alleged unlawful application for or receipt of public
social services, where the case record of such person has been
destroyed after the expiration of the four-year retention period
pursuant to Section 10851.
   (k) When an underpayment or denial of public social service occurs
and as a result the applicant or recipient does not receive the
amount to which he or she is entitled, the county shall provide
public social services equal to the full amount of the underpayment
unless prohibited by federal law. In cases that have both an
underpayment and an overpayment, the underpayment shall be offset
against the overpayment prior to correcting any remaining
underpayment.
   Any corrective payments made pursuant to this subdivision shall be
disregarded in determining the income of the family and shall be
disregarded in determining the resources of the family in the month
the corrective payment is made and in the following month.
   (l) This subdivision shall be applicable only to applicants,
recipients and payees under Chapter 2 (commencing with Section 11200)
of Part 3 of Division 9. Any suits to recover overpayments described
in subdivision (f) shall be brought on behalf of the county by the
county counsel unless the board of supervisors delegates such duty to
the district attorney by ordinance or resolution.



11004.1.  (a) In addition to Section 11004, this section shall apply
to the CalWORKs program.
   (b) The amount of any CalWORKs grant overpayment shall be the
difference between the grant amount the assistance unit actually
received and the grant amount the assistance unit would have received
under the quarterly reporting, prospective budgeting system if no
county error had occurred or if the recipient had timely, completely,
and accurately reported as required under Sections 11265.1 and
11265.3. No overpayment shall be established based on any differences
between the amount of income the county reasonably anticipated the
recipient would receive during the quarterly reporting period and the
income the recipient actually received during that period, provided
the recipient's report was complete and accurate.
   (c) No CalWORKs grant underpayment shall be established based on
any differences between the amount of income the county reasonably
anticipated the recipient would receive during the quarterly
reporting period and the income the recipient actually received
during that period.


11005.  Any special need allowance for mileage and for the expenses
of the operation and maintenance of an automobile shall be fixed to
operate in a uniform manner throughout the state by the department.



11005.5.  All money paid to a recipient or recipient group as aid is
intended to help the recipient meet his individual needs or, in the
case of a recipient group, the needs of the recipient group, and is
not for the benefit of any other person. Aid granted under this part
or Part A of Title XVI of the Social Security Act to a recipient or
recipient group and the income or resources of such recipient or
recipient group shall not be considered in determining eligibility
for or the amount of aid of any other recipient or recipient group.



11006.  Except as basic needs are provided pursuant to a life care
agreement governed by Chapter 10 (commencing with Section 1770) of
Division 2 of the Health and Safety Code, to the extent permitted by
federal law the director shall formulate and promulgate regulations
which establish criteria for evaluation of allowances provided to
recipients of public assistance under the following circumstances:
   1. Applicants or recipients who reside in a facility operated by
an organization that provides for any or all of the basic needs of
the individual.
   2. Applicants or recipients who reside under a living arrangement
paid for and controlled by an organization.



11006.1.  Notwithstanding any other provision of law, each grant of
aid under Chapter 5 (commencing with Section 13000) shall be
increased in the amount of two dollars ($2), as a basic need of the
recipient. Grant increases provided pursuant to this section are
specifically intended to assure that the tax shift provisions of the
Property Tax Relief Act of 1972 will not work a hardship on welfare
recipients. Such grant increases shall not replace, but are in
addition to any other grant, including any cost-of-living adjustment
or any grant for special needs for which recipients affected by this
section are or may become eligible.


11006.2.  (a) The department may provide for the delivery of public
assistance payments at any time during the month consistent with
federal law relating to recipient monthly reporting requirements.
   (b) The department shall cooperate with county treasurers and
private financial service providers, including depository
institutions, licensed check sellers, data processing service
vendors, and retail merchants, in developing and implementing an
electronically based system for delivering public assistance payments
to those recipients who do not have individual deposit accounts with
financial institutions.
   (c) (1) Notwithstanding any other provision of law, any person
entitled to the receipt of public assistance payments may authorize
payment to be directly deposited by electronic fund transfer into the
person's account at the financial institution of his or her choice
under a program for direct deposit by electronic transfer established
by the county treasurer. The direct deposit shall discharge the
department's obligation with respect to the payment.
   (2) Each county treasurer shall make an agreement with one or more
financial institutions participating in the Automated Clearing House
pursuant to the local rules, and shall, by December 1, 2001,
establish a program for the direct deposit by electronic fund
transfer of payments to any person entitled to the receipt of public
assistance benefits who authorizes the direct deposit thereof into
the person's account at the financial institution of his or her
choice.
   (3) This subdivision shall apply in each county that offers a
program for direct deposit by electronic funds transfer to some or
all of its employees.



11006.2.  (a) The department may provide for the delivery of public
assistance payments at any time during the month.
   (b) The department shall cooperate with county treasurers and
private financial service providers, including depository
institutions, licensed check sellers, data processing service
vendors, and retail merchants, in developing and implementing an
electronically based system for delivering public assistance payments
to those recipients who do not have individual deposit accounts with
financial institutions.
   (c) (1) Notwithstanding any other provision of law, any person
entitled to the receipt of public assistance payments may authorize
payment to be directly deposited by electronic fund transfer into the
person's account at the financial institution of his or her choice
under a program for direct deposit by electronic transfer established
by the county treasurer. The direct deposit shall discharge the
department's obligation with respect to the payment.
   (2) Each county treasurer shall make an agreement with one or more
financial institutions participating in the Automated Clearing House
pursuant to the local rules, and shall, by December 1, 2001,
establish a program for the direct deposit by electronic fund
transfer of payments to any person entitled to the receipt of public
assistance benefits who authorizes the direct deposit thereof into
the person's account at the financial institution of his or her
choice.
   (3) This subdivision shall apply in each county that offers a
program for direct deposit by electronic funds transfer to some or
all of its employees.



11006.4.  Notwithstanding any other provision of law, when payment
of aid under Chapter 2 (commencing with Section 11200) of this part
is made by mail, the envelope shall bear on its face:
   (a) A statement that it is not to be forwarded.
   (b) A statement that address correction is requested.



11006.5.  This section shall be applicable only to those aid
recipients under Chapter 3 (commencing with Section 12000) and
Chapter 4 (commencing with Section 12500) of this part.
   Alternate methods of providing assistance may be used for
recipients of aid who are found to be unable to manage the cash grant
to their own best advantage. Such payment may only be used when it
is determined by the county director that the recipient has, by
reason of his physical or mental condition, such inability to manage
funds that making cash payments to him would be contrary to his
welfare.
   Aid under this section may be paid to a guardian or conservator on
behalf of the recipient. If no guardian or conservator is available,
aid shall be paid, in whole or in part, to some other individual who
is interested in or concerned with the welfare of the recipient. In
the absence of superseding federal law, the department shall make
regulations for the payment of aid under this section and for the
selection of such substitute payee.


11006.6.  (a) The department may establish and operate a central
benefit issuance system in one or more counties whereby grants in aid
paid pursuant to this part or any other program administered by the
department and cash payments under the Food Stamp Program may be
issued directly to the recipient by the Controller. Warrants
representing payments under this system shall be drawn on the Central
Benefit Issuance Fund. In counties where the central benefit
issuance system is in operation, Sections 15150, 15150.5, 15151, and
15153, and any other related section shall not apply with respect to
benefits.
   (b) (1) In a case of emergency or immediate need by a recipient
that cannot be addressed in a timely manner, as set forth in existing
law, by issuance of a Controller's warrant, those counties, acting
as agents for the department, shall authorize payment to be issued by
the Central Benefit Issuance System directly to recipients from a
department account designated for that purpose.
   (2) Any check issued pursuant to paragraph (1) that remains unpaid
for 180 days after it becomes payable shall be void and shall be
canceled by the department and redeposited to the account from which
it is drawn. The department shall cause to be printed prominently on
the face of any check issued pursuant to paragraph (1) a notice of
the requirements of this paragraph.
   (c) The department shall ensure that aid issued through a central
benefit issuance system is delivered timely and that the system does
not reduce the accessibility of benefits and services to the
recipient.


11006.9.  It is a cause for revocation of a permit or license by the
department or the State Department of Health Services for any
person, association, or corporation that maintains, conducts, or, as
manager or officer or in any other administrative capacity, assists
in maintaining or conducting any nursing facility, any category of
intermediate care facility for the developmentally disabled, or
nonmedical board and care facility to obtain, as an additional cost
of care, aid allocated to a recipient for his or her personal or
incidental needs or to obtain and fail to deliver such aid allocation
to the recipient. The department or the State Department of Health
Services shall initiate license or permit revocation proceedings.




11007.  Aid granted to a recipient of public assistance shall not
constitute a lien upon any property of the recipient.
   The cost of hospitalization furnished by a county to the recipient
shall not constitute a lien against the personal property or
personal effects of the recipient, or against an interment plot as
defined in Section 7022 of the Health and Safety Code.
   The cost of hospitalization furnished by a county to a recipient,
other than a recipient of aid to families with dependent children, on
or after May 21, 1963, and any judgment obtained by a county against
the recipient to obtain repayment of such costs, shall not
constitute a lien against the real property of the recipient, and no
lien shall be taken therefor.



11008.  (a) In order that recipients of public assistance may become
self-supporting and productive members of their communities, it is
essential that they be permitted to earn money without a
proportionate deduction in their aid grants. It is the intention of
the Legislature to promote this objective and the department, in
implementing public assistance laws, is directed to do so in the
light of this objective.
   (b) To the extent required by federal law, earned income of a
recipient of aid under any public assistance program for which
federal funds are available shall not be considered income or
resources of the recipient, and shall not be deducted from the amount
of aid to which the recipient would otherwise be entitled. In
computing the amount of income determined to be available to support
a recipient, the value of currently used resources shall be included,
except as provided in Section 11018.
   (c) This section does not apply to recipients under Chapter 3
(commencing with Section 12000) of this part.



11008.1.  To the extent permitted by federal law, income, including
but not limited to seven dollars and fifty cents ($7.50) of any
income, received by a recipient of aid under Chapter 3 (commencing
with Section 12000), Chapter 4 (commencing with Section 12500), or
Chapter 6 (commencing with Section 13500) of this part shall not be
considered income or resources of the recipient and shall not be
deducted from the amount of aid to which the recipient would
otherwise be entitled.
   This section shall be known and may be cited as the Social
Security Pass-On.



11008.2.  To the extent permitted by federal law, lump sum
retroactive social security payments received under the provisions of
Public Law 92-5 shall not be considered in determining the amount
payable to any person under aid to families with dependent children,
aid to the blind, aid to the aged, aid to the potentially
self-supporting blind, aid to the needy disabled, Medi-Cal, or county
aid and relief to indigents.
   This section shall not be construed to limit the provisions of
Section 11008.1.



11008.3.  The 1974 income tax refunds and the lump sum fifty dollars
($50) payment received under the provisions of Public Law 94-12
shall not be considered as income or resources in determining the
amount payable to any person under the aid to families with dependent
children program, the Burton-Moscone-Bagley Citizens' Income
Security Act for Aged, Blind and Disabled Californians, the aid to
the potentially self-supporting blind program, the Medi-Cal Act, in
computing net income or financial liability under Section 14005.7 or
14005.12, or county aid and relief to indigents.
   This section shall not be construed to limit the provisions of
Section 11008 or 11008.1.



11008.4.  Property taxes (1) as defined in Section 20584 of the
Revenue and Taxation Code, which are postponed by a person pursuant
to Chapter 2 (commencing with Section 20581) or 3 (commencing with
Section 20641) of Part 10.5 of Division 2 of the Revenue and Taxation
Code, and (2) as defined in Section 20511 and 20512 of the Revenue
and Taxation Code, on which a person is granted assistance pursuant
to Chapter 1 (commencing with Section 20501) of Part 10.5 of Division
2 of the Revenue and Taxation Code, and renters credits as defined
in Section 17053.5 of the Revenue and Taxation Code, shall not be
considered as income or resources in determining the amount payable
to any person under Division 9 (commencing with Section 10000) of the
Welfare and Institutions Code.
   This section shall not be construed to limit the provisions of
Section 11008 or 11008.1.


11008.6.  In addition to the requirements contained in Section
11008, when determining the income of a recipient, to the extent
permitted by federal law, relocation assistance benefits received by
public assistance recipients pursuant to the Housing Act of 1964,
Public Law 88-560, and benefits received under the Manpower
Development and Training Act of 1962, Public Law 87-415 as amended,
and the Elementary and Secondary Education Act of 1965, Public Law
89-10, shall not be considered income or resources of the recipient
and shall not be deducted from the amount of aid to which the
recipient would otherwise be entitled. The provisions of this section
shall not apply to recipients who receive benefits under the
Manpower Development and Training Act of 1962, Public Law 87-415 as
amended, or the Elementary and Secondary Education Act of 1965,
Public Law 89-10, when the recipient, for other than medical reasons,
changes his training program on his own initiative more than once
during a two-year period.



11008.7.  Neither funds distributed pursuant to U.S. Public Law
90-507 (82 Stat. 860) nor property derived therefrom shall be
considered in determining the eligibility of or the amount payable to
any person under federal, state, or local laws, plans, rules, or
regulations relating to welfare services or payments of any type of
public assistance to needy persons, including, but not limited to,
aid to families with dependent children, aid to the blind, aid to the
aged, aid to the potentially self-supporting blind, aid to the needy
disabled or medical assistance recipients.



11008.8.  It is the intent of the Legislature that any reduction in
the state and county costs of public assistance payments to
recipients of aid under Chapter 5 (commencing with Section 13000) of
this part, which result from increased social security benefits voted
by Congress shall be applied to increasing the monthly grants to all
recipients of aid under that chapter.
   Notwithstanding any other provision of law, on and after October
1, 1972, the maximum or average grants contained in Sections 13100
and 13101 and the need standard of recipients contained in
departmental regulations on July 1, 1972, that were established
pursuant to such sections shall be increased in the amount of twelve
dollars ($12). Such increases shall be reflected in the grants that
are payable on October 1, 1972. Such increases shall not replace, but
are in addition to any other grant, including any cost-of-living
adjustment or any grant for special needs for which recipients
affected by this section are or may become eligible.
   There is hereby appropriated from the general fund in every county
an amount sufficient to pay the total nonfederal costs of the
increase in aid grants provided in this section.




11008.9.  Loans or grants provided for in Section 69650 of the
Education Code are deemed to be for educational purposes and to the
extent permitted by federal law, shall not be used or considered in
determining the need of any applicant or recipient or as part of the
amounts used to determine the eligibility of any applicant or
recipient for public assistance programs.
   This section shall not apply to recipients under Chapter 3
(commencing with Section 12000) of this part.




11008.10.  To the extent permitted by federal law the value of any
loan or grant to any undergraduate student made or insured under any
program administered by the State Scholarship and Loan Commission or
a college accredited by the Western Association of Schools and
Colleges shall not be considered in determining eligibility or the
amount of the grant.



11008.11.  To the extent permitted by federal law, any stipends,
meals, transportation, or other income received by a senior companion
pursuant to Chapter 7 (commencing with Section 9520) of Division 8.5
shall not be considered as income or resources of the recipient and
shall not be deducted from the amount of any public assistance or aid
to which the recipient would otherwise be entitled under this
division.



11008.12.  To the extent permitted by federal law, any stipend,
meals, transportation, or other income received by a foster
grandparent pursuant to Chapter 8 (commencing with Section 9540) of
Division 8.5 shall not be considered as income or resources of the
recipient and shall not be deducted from the amount of any public
assistance or aid to which the recipient would otherwise be entitled
under this division.



11008.13.  To the extent permitted by federal law and consistent
with other provisions of this chapter, in determining the eligibility
and amount of aid under this division for an alien for whom an
affidavit of support was executed prior to December 19, 1997, the
income and resources of the alien shall be deemed to include the
income and resources of any person who had executed an affidavit of
support on behalf of the alien and the spouse of that person as
provided in Section 408 of the Social Security Act (42 U.S.C. Sec.
608) and any subsequent amendments thereto.



11008.135.  (a) Notwithstanding any other provision of law, in
determining the eligibility and amount of aid for an alien under this
division, the income and resources of the alien shall be deemed to
include the income and resources of any person who has executed an
affidavit of support on behalf of the alien and the spouse of that
person as provided in Subtitle C (commencing with Section 421) of
Title IV of Public Law 104-193, as amended by Public Law 104-208, and
any subsequent amendments thereto, subject to any exceptions
required by those provisions, including exceptions for indigents and
battered spouses.
   (b) As a condition of eligibility, the sponsored applicant or
recipient shall provide information regarding the income and
resources of any person, and the spouse of that person, who has
executed an affidavit of support on behalf of the alien.



11008.14.  The income of the natural or adoptive parent, and the
spouse of the natural or adoptive parent, and the sibling of an
eligible child, living in the same home with an eligible child shall
be considered available, in addition to the income of an applicant
for or recipient of aid under Chapter 2 (commencing with Section
11200), for purposes of eligibility determination and grant
computation. Except as otherwise provided in this section, in the
case of a parent or legal guardian of a minor who is also the parent
of an eligible child, the income of the parent or guardian shall be
considered available to the minor parent and eligible child to the
same extent that income to a stepparent is considered available to an
assistance unit.
   This section shall be applied to all applicants for, and
recipients of, Aid to Families with Dependent Children provided under
Chapter 2 (commencing with Section 11200), except that income of a
guardian of an applicant for, or recipient of, foster care benefits
provided under Article 5 (commencing with Section 11400) of Chapter 2
shall not be considered available to the ward or to a child of the
ward for the purpose of eligibility determination and grant
computation under Article 5 (commencing with Section 11400) of
Chapter 2. This section shall be applied regardless of whether
federal financial participation is available for the family.



11008.15.  Notwithstanding Sections 11008.14 and 11267, the
department shall exercise the options of disregarding earned income
of a dependent child or ward of the juvenile court derived from
participation in the Job Training Partnership Act of 1982 (Public Law
97-300), a dependent child or ward of the juvenile court who is a
full-time student pursuant to the Deficit Reduction Act of 1984
(Public Law 97-369), a dependent child or ward of the juvenile court
16 years of age or older who is a participant in the Independent
Living Program pursuant to the Consolidated Omnibus Budget
Reconciliation Act of 1985 (Public Law 99-272), and, on and after
January 1, 2012, a nonminor dependent, as defined in subdivision (v)
of Section 11400 who is participating in a transitional independent
living case plan pursuant to the federal Fostering Connections to
Success and Increasing Adoptions Act of 2008 (Public Law 110-351),
provided that the child's Independent Living Program case plan states
that the purpose of the employment is to enable the child to gain
knowledge of needed work skills, work habits, and the
responsibilities of maintaining employment.



11008.17.  (a) To the extent required by federal law, amounts paid
pursuant to any federal law enacted in 1988 to provide reparation
payments to redress the injustice done to United States citizens and
resident aliens of Japanese ancestry who were interned during World
War II shall not be considered as income or resources for purposes of
determining eligibility to receive Medi-Cal benefits or public
assistance benefits or the amount of those benefits.
   (b) To the extent that federal financial participation is
available, amounts paid by the Canadian government to provide
reparation payments to redress the injustice done to persons of
Japanese ancestry who were interned in Canada during World War II
shall not be considered as income or resources for purposes of
determining eligibility to receive Medi-Cal benefits or public
assistance benefits or the amount of those benefits.
   (c) To the extent that federal financial participation is
available, where the reparation payments described in subdivisions
(a) and (b) have been converted to another form, amounts of otherwise
excess nonexempt resources equal to the amount of these reparation
payments received by the individual or inherited by the spouse of the
individual, or both, shall not be considered as resources in
determining eligibility for Medi-Cal.
   (d) To the extent that federal financial participation is
available, reparation payments described in subdivisions (a) and (b),
or where the reparation payments described in subdivisions (a) and
(b) have been converted to another form, amounts of resources equal
to the amount of these reparation payments, received by the deceased
Medi-Cal beneficiary or inherited by the deceased spouse of that
beneficiary, or both, shall be exempt from estate recovery by the
State Department of Health Services pursuant to Section 14009.5.




11008.18.  The department shall implement the state option in
Section 402(a)(36) of the federal Social Security Act (42 U.S.C. Sec.
602(a)(36)) and as that statute may hereinafter be amended, which
provides that the value of support assistance or maintenance
assistance, or both, provided in the form of any in-kind income on
the basis of need to, or on behalf of, a family by all entities
described in Section 402(a)(36) of the federal Social Security Act
(42 U.S.C. Sec. 602(a)(36)) and as that statute may hereinafter be
amended shall be disregarded as income.



11008.19.  (a) (1) To the degree child care and development services
administered by the State Department of Education pursuant to
Chapter 2 (commencing with Section 8200) of Part 6 of the Education
Code are used to serve families receiving aid to families with
dependent children that are eligible for child care under the AFDC
program, the department and the State Department of Education, in
consultation with the county welfare departments, shall establish a
system for documenting child care usage by this population so the
state can claim the maximum amount to which it is entitled under
Title IV-A of the Social Security Act, contained in Part A
(commencing with Section 601) of Subchapter 4 of Chapter 7 of Title
42 of the United States Code.
   (2) To the extent permitted by federal law, the department and the
State Department of Education shall coordinate their efforts and
claim federal financial participation pursuant to Title IV-A of the
Social Security Act.
   (3) Upon the approval of the Superintendent of Public Instruction,
the department, and the State Department of Education shall enter
into an interagency agreement to transfer Title IV-A funds from the
department to the State Department of Education and to ensure that
all federal requirements are met in carrying out the program made
possible by the receipt of Title IV-A funds.
   (4) The system established pursuant to paragraph (1) shall be
implemented only to the extent that its implementation does not
result in an overall increase in expenditures from the General Fund.
   (b) (1) Title IV-A funds received pursuant to paragraph (1) of
subdivision (a) shall be used to expand child care and development
services in accordance with the interagency agreement required by
paragraph (3) of subdivision (a).
   (2) In no case shall Title IV-A funds received pursuant to this
section be used to supplant existing state funds and cause the state
to violate the maintenance of effort requirements for the federal
Child Care and Development Block Grant and the Title IV-A "at-risk"
programs. Funds made available pursuant to subdivision (a) shall be
expended by the departments to support the following:
   (A) Any additional administrative costs associated with
documenting and claiming federal reimbursement incurred by the
department, the State Department of Education, county welfare
offices, and child care and development services contractors.
   (B) Expanded child care and development services to families
receiving AFDC benefits, in the following order of priority:
   (i) AFDC families in approved education and training programs,
except those receiving services under Article 3.2 (commencing with
Section 11320) of Chapter 2.
   (ii) AFDC applicants or recipients who choose the Alternative
Assistance Program pursuant to Section 11280.
   (iii) All other AFDC recipients who meet the eligibility criteria
for federally funded Title IV-A child care pursuant to this section.
   (c) (1) Notwithstanding Section 8278 of the Education Code and
Item 6110-196-001 of the Budget Act of 1991 (Chapter 118 of the
Statutes of 1991), the Superintendent of Public Instruction may
authorize the expenditure of not more than one million dollars
($1,000,000) in child care carryover funds by the State Department of
Education and the State Department of Social Services, through an
interagency agreement, for the purposes of implementing the program
specified in this section in the 1991-92 and 1992-93 fiscal years.
   (2) Prior to making the authorization under paragraph (1), the
Superintendent of Public Instruction shall notify the appropriate
policy and fiscal committees of the Legislature of the amounts to be
expended pursuant to this subdivision.
   (3) Funds that may be expended pursuant to this subdivision shall
be expended for the purpose of supporting administrative costs
associated with claiming federal reimbursement for families with
dependent children receiving services pursuant to Chapter 2
(commencing with Section 8200) of Part 6 of the Education Code. In
the 1993-94 fiscal year and subsequent fiscal years, state
administrative funds for both departments shall be appropriated in
the annual Budget Act pursuant to subdivision (b).
   (d) For purposes of this section, "Title IV-A funds" means federal
money received pursuant to Part A (commencing with Section 601) of
Subchapter 4 of Chapter 7 of Title 42 of the United States Code.



11008.20.  (a) Notwithstanding any other provision of law, any
amount, including any interest or property, received by a holocaust
victim, as defined in subparagraph (A) of paragraph (2) of
subdivision (b) of Section 17155 of the Revenue and Taxation Code
either as compensation pursuant to the German Act Regulating
Unresolved Property Claims, as amended (Gesetz zur Regelung offener
Vermogensfragen), or as a result of a settlement of claims against
any entity or individual for any recovered asset, shall not be
considered as income or resources for purposes of determining
eligibility to receive Medi-Cal benefits or public assistance
benefits or the amounts of those benefits.
   (b) To the extent permitted by federal law, excludable restitution
payments, as defined in Section 17131.1 of the Revenue and Taxation
Code, shall not be included in income or resources of any individual
who is eligible for the exclusion under Section 17131.1 of the
Revenue and Taxation Code for purposes of determining eligibility for
any aid, grant, or benefit under this division.
   (c) This section shall not be construed to permit any retroactive
services or payments to be provided to recipients of Medi-Cal or
public assistance benefits.



11009.1.  The value of free board and lodging supplied to a
recipient during a temporary absence from his home of not more than
one month, shall be considered an inconsequential resource and shall
not be deducted from the amount of aid to which the recipient is
otherwise entitled.
   After an absence of one month, free board and lodging shall be
considered income to the extent the value exceeds the continuing cost
to the recipient of maintaining the home to which he expects to
return.
   This section shall not apply to recipients under Chapter 3
(commencing with Section 12000) of this part.



11010.  Except as otherwise provided in Section 12152 in determining
the amount of aid grants payable under a public assistance program,
no consideration shall be given to voluntary contributions or grants
from other public sources, private agencies, friends or relatives
when such contributions or grants meet the following conditions:
   1. The service to be provided is designated by the department and
is not covered by an assistance allowance under the particular
program, and
   2. The contribution or grant would not be available for
expenditure by or in behalf of the recipient unless it is used in
accordance with the conditions imposed by the donor.



11010.5.  General unrestricted or undesignated private charitable
donations and contributions made to charitable or nonprofit
organizations shall not be deducted from the cost of providing
services under this division or Division 5 (commencing with Section
5000).



11013.  (a) The department may require issuance of an identification
card to recipients of aid.
   The identification card shall contain the following information:
   (1) Name and address of the recipient.
   (2) Social security number.
   (3) Color photograph and identifying characteristics.
   (b) The department shall determine the need for including
additional information and instructions on the identification card.




11014.  To the extent that any provision of this part prohibits the
granting of aid to persons confined in a public institution for
tuberculosis or mental disease or as a result of the diagnosis of
tuberculosis, mental retardation, or psychosis permitted by federal
law, such provision shall be inoperative.



11015.  Unless there are other grounds therefor, aid grants shall
not be withheld pending ascertainment of increases in federal
benefits or increases in benefits payable by a public agency.
   Following the ascertainment of any such increase, adjustment shall
be made, as provided in subdivision (c) of Section 11004, for any
overpayment of aid which the recipient might have received.



11016.  Notwithstanding any other provision of law, no person for
whom federal financial participation is available shall be denied
benefits, for which federal financial participation is available,
solely because such person is incarcerated in a county or city jail
or juvenile detention facility.



11017.  In computing and paying assistance under this part, the need
and income amounts used shall be rounded to the next lower whole
dollar when the result of determining the standard of need or the
payment amount includes an amount which is not a whole dollar.




11017.1.  Notwithstanding the provisions of Section 11017, the State
Department of Social Services, at the next computation of annual
cost-of-living adjustments for public assistance payments on and
after August 28, 1969, under Part 3 (commencing with Section 11000)
of Division 9 of the Welfare and Institutions Code, shall make all
such adjustments to the nearer fifty cents ($0.50) in order that all
future grant computations and payments may be made to the nearer
dollar. Thereafter subsequent cost-of-living adjustments shall be
made to the nearer dollar.



11020.  Where a recipient under a categorical aid program has
received aid in good faith but in fact owned excess property, he
shall be considered to have been ineligible for aid during the period
for which any excess property would have supported him at the rate
of the aid granted to him. In such case the recipient or his estate
shall repay the aid he received during such period of ineligibility.
   With respect to recipients under Chapter 3 (commencing with
Section 12000) of this part, overpayments shall be collected by the
federal government pursuant to federal law.



11020.  (a) Where a recipient under a categorical aid program other
than CalWORKs has received aid in good faith but in fact owned excess
property, he or she shall be considered to have been ineligible for
aid during the period for which any excess property would have
supported him or her at the rate of the aid granted to him or her. In
such case the recipient or his estate shall repay the aid he
received during this period of ineligibility.
   (b) With respect to recipients under Chapter 3 (commencing with
Section 12000) of this part, overpayments shall be collected by the
federal government pursuant to federal law.
   (c) Where a CalWORKs recipient has received aid in good faith, but
in fact owned excess property, the recipient shall have an
overpayment equal to the lesser of the amount of the excess property
or the aid received during the period the recipient owned the excess
property and the grant was not accurately determined under the
quarterly reporting, prospective budgeting system due to the excess
property.


11021.  Notwithstanding any other provision of law, no individual
who is an applicant for, or recipient of, aid or assistance under a
state plan approved under Title IV, X, XIV, XVI, or XIX of the
federal Social Security Act; assistance funded by payments under
Title V or XX of the federal Social Security Act; or of benefits
under the Supplemental Security Income program established by Title
XVI of the federal Social Security Act shall:
   (a) Be required as a condition of eligibility for or of continuing
to receive that aid, assistance, or benefit, to make an election to
receive funds according to Section 10113.1 of the Insurance Code, or
to receive funds under an accelerated death benefit under a policy of
life insurance.
   (b) By reason of failure to make such an election, be denied or
suffer a reduction in the amount of aid, assistance, or benefits,
unless that individual would thereby exceed federal eligibility
limits under Title IV, X, XIV, XVI, or XIX of the federal Social
Security Act, assistance funded by payments under Title V or XX of
the federal Social Security Act, or of benefits under the
Supplemental Security Income program established by Title XVI of the
federal Social Security Act.
   For purposes of this section, "accelerated death benefit" means
any payment made by the life insurer under the terms of a life
insurance policy while the insured individual is alive as a result of
a recalculation of the insured individual's life expectancy by the
life insurer.


11022.  The State Department of Health Services and the State
Department of Social Services shall prepare information on the effect
of funds received according to Sections 10113.1 and 10113.2 of the
Insurance Code as to eligibility to receive or to continue to receive
aid, assistance, or benefits from all federal, state, or other
relevant assistance programs. All information shall be prepared for
distribution to benefit counselors and viatical settlements
corporations to be distributed at the time of solicitation by
viatical settlements corporations.


11023.5.  (a) Any applicant or recipient of benefits under the Aid
to Families with Dependent Children, Food Stamps, and Medi-Cal
programs, who delivers a document which has been requested by the
county welfare department shall, upon the applicant's or recipient's
request, be provided with a written receipt indicating that the
county welfare department has received the document. A notice which
explains an applicant's and recipient's right to receipts upon
request shall be prominently posted by the county welfare department
at the location where the document is to be delivered. The receipt
shall be issued at the time the document is delivered.
   (1) A county which maintains a system of logging hand delivered
documents is exempt from the requirements of this subdivision.
   (2) County welfare departments which provide receipts for all hand
delivered documents without a request by an applicant or recipient
shall be exempt from the notice posting requirement.
   (b) The county welfare department shall only provide receipts for
documents which have been delivered in person to a county welfare
department employee other than the applicant's or recipient's
regularly assigned caseworker and to the location in which or through
which the caseworker conducts his or her business. Only one receipt
is required for monthly income reports and their supporting documents
which are hand delivered. Monthly income reports and other requested
documents which have been mailed shall not be subject to the
requirements of this section.
   (c) In consultation with the County Welfare Directors Association
and the Coalition of California Welfare Rights Organizations, the
department shall develop the notice which informs applicants and
recipients of the right to receipts for hand delivered documents and
shall develop minimum guidelines for county receipt forms.
   (d) As used in this section, "applicant or recipient" means an
applicant or recipient of benefits under the Aid to Families with
Dependent Children, Food Stamps, and Medi-Cal programs.

• Laws
• Lawyers
• Find Laws
• Legal Forms
• State Laws

• Laws
• Lawyers
• Find Laws
• Legal Forms
• State Laws

• Alabama Forms
• Alaska Forms
• Arizona Forms
• Arkansas Forms
• California Forms
• Colorado Forms
• Connecticut Forms
• District Of Columbia Forms
• Delaware Forms
• Florida Forms
• Georgia Forms
• Idaho Forms
• Hawaii Forms
• Illinois Forms
• Indiana Forms
• Iowa Forms
• Kansas Forms
• Kentucky Forms
• Louisiana Forms
• Maine Forms
• Maryland Forms
• Massachusetts Forms
• Michigan Forms
• Minnesota Forms
• Mississippi Forms
• Missouri Forms
• Montana Forms
• Nebraska Forms
• Nevada Forms
• New Hampshire Forms
• New Jersey Forms
• New Mexico Forms
• New York Forms
• North Carolina Forms
• North Dakota Forms
• Ohio Forms
• Oklahoma Forms
• Oregon Forms
• Pennsylvania Forms
• Rhode Island Forms
• South Carolina Forms
• South Dakota Forms
• Tennessee Forms
• Texas Forms
• Utah Forms
• Vermont Forms
• Virginia Forms
• Washington Forms
• West Virginia Forms
• Wisconsin Forms
• Wyoming Forms

• Alabama Codes & Statutes
• Alaska Codes & Statutes
• Arizona Codes & Statutes
• Arkansas Codes & Statutes
• California Codes & Statutes
• Connecticut Codes & Statutes
• Delaware Codes & Statutes
• District of Columbia Codes & Statutes
• Florida Codes & Statutes
• Georgia Codes & Statutes
• Hawaii Codes & Statutes
• Idaho Codes & Statutes
• Illinois Codes & Statutes
• Indiana Codes & Statutes
• Iowa Codes & Statutes
• Kansas Codes & Statutes
• Kentucky Codes & Statutes
• Louisiana Codes & Statutes
• Maine Codes & Statutes
• Maryland Codes & Statutes
• Massachusetts Codes & Statutes
• Michigan Codes & Statutes
• Minnesota Codes & Statutes
• Mississippi Codes & Statutes
• Missouri Codes & Statutes
• Montana Codes & Statutes
• Nebraska Codes & Statutes
• Nevada Codes & Statutes
• New Hampshire Codes & Statutes
• New Jersey Codes & Statutes
• New Mexico Codes & Statutes
• New York Codes & Statutes
• North Carolina Codes & Statutes
• North Dakota Codes & Statutes
• Ohio Codes & Statutes
• Oklahoma Codes & Statutes
• Oregon Codes & Statutes
• Pennsylvania Codes & Statutes
• Rhode Island Codes & Statutes
• South Carolina Codes & Statutes
• South Dakota Codes & Statutes
• Tennessee Codes & Statutes
• Texas Codes & Statutes
• Utah Codes & Statutes
• Vermont Codes & Statutes
• Washington Codes & Statutes
• West Virginia Codes & Statutes
• Wisconsin Codes & Statutes
• Wyoming Codes & Statutes

• Contact Us
• Lawyer Marketing
• Advertise on Laws.com
• About Us
• Terms of Use
• Privacy Policy
• Advertising Policy

Disclaimer
There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Copyright © 2017 Laws.com | All rights reserved

Loading..

Close Window

Loading, Please Wait!

This may take a second or two.