Cal. Code Regs. tit. 22 § 50551.6

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 50551.6 - Cost of In-Home Supportive Services - ABD-MN and SGA Disabled

(a) The amount actually paid for in-home supportive services provided to any ABD-MN person, or to a SGA-disabled person as defined in Section 50223(a)(2) shall be deducted from the combined nonexempt income of the SGA-disabled or ABD-MN person and the responsible relative, except as limited by (b), (c) and (d).

(b) The cost of in-home supportive services (IHSS) shall be a deduction only when all of the following conditions are met:

(1) The services are provided by a person other than a family member living in the home.

(2) The services have been determined to be necessary pursuant to an IHSS needs assessment described in Section 50169(b), and:

(3) The costs for these services have been reduced by any veterans benefit designated as an Aid and Attendance payment.

(c) In-home supportive services means those services which may be provided under the IHSS program.

(d) For ABD-MN persons, the provisions of this section shall be limited to persons who, without in-home supportive services, would require 24-hour-a-day care in a health facility or community care facility as evidenced by a statement signed by a physician.

Cal. Code Regs. Tit. 22, § 50551.6

1. New section filed 1-20-81 as an emergency; effective upon filing (Register 81, No. 4). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-19-81.
2. Order of Repeal of 1-20-81 order filed 1-29-81 by OAL pursuant to Government Code Section 11349.6 (Register 81, No. 4).
3. New section filed 11-4-81; effective thirtieth day thereafter (Register 81, No. 45).
4. Amendment filed 5-30-85 as an emergency; effective upon filing (Register 85, No. 22). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-27-85.
5. Certificate of Compliance transmitted to OAL 9-24-85 and filed 10-24-85 (Register 85, No. 43).
6. Amendment of subsection (b) filed 2-16-88 as an emergency; operative 2-16-88 (Register 88, No. 10). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-15-88.
7. Emergency language filed 2-16-88 repealed by operation of Government Code Section 11346.1 (Register 88, No. 27).
8. Amendment of subsection (b) refiled 6-22-88 as an emergency; operative 6-22-88 (Register 88, No. 27). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-20-88.
9. Certificate of Compliance transmitted to OAL 6-20-88 and filed 7-15-88 (Register 88, No. 31).

Note: Authority cited: Sections 10725, 14005.14 and 14124.5, Welfare and Institutions Code; and Section 2, Chapter 364, Statutes of 1984. Reference: Sections 14005.3 (Section 1, Chapter 1156, Statutes of 1979), 14005.14 and 14024, Welfare and Institutions Code.