Cal. Code Regs. tit. 22 § 50515

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 50515 - Unavailable Income

(a) Income which is not available to meet current needs of a person or family shall not be considered in determining that person's or family's share of cost. Unavailable income includes, but is not limited to, the following:

(1) That portion of Worker's Compensation and other public or private insurance settlements which is either of the following:

(A) Designated for medical, legal or other such expenses.

(B) Not controlled by the applicant or beneficiary or person acting on his behalf.

(2) That portion of a contribution that is both of the following:

(A) From a person living in the household who has no legal responsibility to support, such as an unrelated adult or an adult child.

(B) Used to meet the actual costs of the contributor's share of the housing, utilities, food and other household costs. If actual costs are unavailable, the amounts specified in Section 50511 shall be used. This shall be the difference between the income-in-kind values for the family size with the person included and excluded.

(3) That portion of the monthly income of a medically needy person residing in a licensed board and care facility which is both of the following:

(A) Paid to the facility for residential care and support.

(B) In excess of the appropriate maintenance need level as determined in accordance with Section 50603.

(4) An advance or a reimbursement from an employer to cover expenses necessary for job performance is unavailable to the extent that the advance or reimbursement does not exceed the actual out-of-pocket costs of the employee.

(b) When a person is in LTC and is in his/her own MFBU in accordance with Section 50377, his/her spouse's share of the community property owned income shall be considered unavailable to the LTC person.

Cal. Code Regs. Tit. 22, § 50515

1. New subsection (a)(3) filed 11-17-83 as an emergency; effective upon filing (Register 83, No. 49). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-17-84.
2. Certificate of Compliance as to 11-17-83 order transmitted to OAL 3-16-84 and filed 4-17-84 (Register 84, No. 16).
3. New subsection (b) filed 12-2-85 as an emergency; effective upon filing (Register 85, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-1-86.
4. New subsection (b) refiled 3-28-86 as an emergency; effective upon filing (Register 86, No. 13). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-28-86.
5. Certificate of Compliance as to 3-28-86 order filed 6-6-86 (Register 86, No. 23).
EXPLANATORY NOTE:
Approval by OAL of the Certificate of Compliance for the amendment of Section 50515(b), filed 6-6-86, was made in the absence of a final determination by the Secretary of the United States Department of Health and Human Services pursuant to Section 1116 of the federal Social Security Act that a conflict exists between Section 50515(b) or Chapter 1221 of the California Statutes of 1985 and any federal statute or regulation.
6. New subsection (a)(4) filed 7-9-87; operative 8-8-87 (Register 87, No. 30).

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: Sections 14005.4, 14005.7 and 14005.16, Welfare and Institutions Code.