12200-12205
WELFARE AND INSTITUTIONS CODE
SECTION 12200-12205
12200. An aged, blind or disabled applicant or recipient shall be
paid an amount of aid which when added to his or her federal benefit
received under Part A of Title XVI of the Social Security Act and
other nonexempt income and resources, equals the following:
(a) For a blind applicant or recipient, the sum of seven hundred
four dollars ($704) per month and for a married couple both
qualifying for benefits under this chapter as blind, the sum of one
thousand three hundred seventy-two dollars ($1,372) per month.
(b) For a married couple, both qualifying for benefits under this
chapter, and one of whom is blind, the sum of one thousand two
hundred ninety-five dollars ($1,295) per month.
(c) For an aged or disabled applicant or recipient, the sum of six
hundred thirty dollars ($630) per month.
(d) For a married couple both qualifying for benefits under this
chapter as aged or disabled, the sum of one thousand one hundred
sixty-seven dollars ($1,167) per month.
(e) For an aged or disabled applicant or recipient under
subdivision (c) or for a married couple under subdivision (d) whose
living arrangement prevents preparation of his or her or their meals
at home shall be entitled to an allowance of sixty-eight dollars
($68) per month for an individual and one hundred thirty-six dollars
($136) per month for a married couple in addition to any other amount
he or she is entitled to under this chapter.
(f) For a disabled minor under 18 living with a parent or guardian
or relative by blood or marriage, the sum of four hundred
ninety-nine dollars ($499) per month.
(g) For a recipient in a nonmedical out-of-home care facility, the
sum of seven hundred nine dollars ($709) per month.
(h) For the personal and incidental needs of a person receiving
care in a medical facility under the Medi-Cal Act, the sum of thirty
dollars ($30) per month. The department shall issue, or arrange for
the issuance from the appropriate state agency of, an additional
twelve dollars ($12) each month to each recipient to whom this
subdivision applies.
(i) In the case of any individual, or couple, whose federal
benefit received under Part A of Title XVI of the Social Security Act
is reduced in accordance with Section 1612(a)(2)(A) of Public Law
92-603 because he lives in another person's household and receives
support and maintenance-in-kind from such person, the appropriate
grant level set forth in subdivision (a), (b), (c), or (d) of this
section shall be reduced by the amount of the reduction in the
federal benefit, subject to the provisions in Section 12204.
This subdivision shall be operative only during such time that
such in-kind support and maintenance, under federal law, is treated
as providing the basis for a lower payment standard rather than being
treated as the receipt of unearned income.
12200.01. (a) Notwithstanding any other provision of law,
commencing November 1, 1992, the payments schedules set forth in
Section 12200 in effect on June 30, 1992, except subdivisions (e),
(g), and (h) shall be reduced by 5.8 percent.
(b) Notwithstanding subdivision (a), in no event shall the
combined amount of the federal Supplementary Security Income payment
and the state Supplementary State Program payment level for any
applicant or recipient be reduced below the level required by the
federal Social Security Act in order to maintain eligibility for
federal funding under Title XIX of the federal Social Security Act
(Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title
42 of the United States Code).
12200.015. (a) Notwithstanding any other provision of law, the
maximum aid payments in effect on June 30, 1993, in accordance with
Section 12200, as reduced by subdivision (a) of Section 12200.01,
except subdivisions (e), (g), and (h) of Section 12200, shall be
reduced by 2.7 percent beginning the first of the month following 60
days after the enactment of this section.
(b) Notwithstanding subdivision (a), in no event shall the payment
schedules be reduced below the level required by the federal Social
Security Act in order to maintain eligibility for federal funding
under Title XIX of the federal Social Security Act, contained in
Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42
of the United States Code.
12200.017. (a) Notwithstanding any other provision of law, the
maximum aid payments in effect on June 30, 1994, in accordance with
Section 12200, as reduced by subdivision (a) of Section 12200.01 and
Section 12200.015, except subdivisions (e), (g), and (h) of Section
12200, shall be reduced by 2.3 percent effective September 1, 1994.
(b) Notwithstanding subdivision (a), in no event shall any maximum
aid payment schedule in any payment category established pursuant to
Section 12200 be reduced below the level required by the federal
Social Security Act in order to maintain eligibility for federal
funding under Title XIX of the federal Social Security Act, contained
in Subchapter 19 (commencing with Section 1396) of Chapter 7 of
Title 42 of the United States Code.
(c) In no event shall the reduction of any maximum aid payment
level pursuant to this section result in a change in share of cost or
eligibility for services under Article 7 (commencing with Section
12300) for any aged, blind, or disabled person who was receiving
services under that article in 1994 prior to the enactment of this
section because of that reduction in maximum aid payment, provided he
or she continues to meet other applicable requirements.
12200.019. (a) Notwithstanding any other provision of law, the
maximum aid payments in effect on January 1, 2009, in accordance with
Article 5 of Chapter 3 of Division 9, except payments made pursuant
to subdivisions (e), (g), and (h) of Section 12200, shall be reduced
to the payment levels in effect on December 1, 2008, and shall be
further reduced by 2.3 percent.
(b) Notwithstanding subdivision (a), in no event shall the payment
schedules be reduced below the level required by the federal Social
Security Act in order to maintain eligibility for federal funding
under Title XIX of the federal Social Security Act, contained in
Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42
of the United States Code.
(c) This section shall become operative on July 1, 2009.
12200.02. (a) Notwithstanding any other law, and except as provided
in subdivision (b), on the first day of the month following 90 days
after enactment of the act that adds this section:
(1) The maximum aid payment for a married couple, in accordance
with Section 12200, shall be reduced to equal the minimum amount
required by the federal Social Security Act in order to maintain
eligibility for federal funding under Title XIX of the federal Social
Security Act, contained in Subchapter 19 (commencing with Section
1396) of Chapter 7 of Title 42 of the United States Code.
(2) (A) The maximum aid payment under this article for an
individual, in accordance with Section 12200, shall be reduced by 0.6
percent.
(B) Notwithstanding subparagraph (A), in no event shall payments
under this paragraph be reduced below the level required by the
federal Social Security Act in order to maintain eligibility for
federal funding under Title XIX of the federal Social Security Act,
contained in Subchapter 19 (commencing with Section 1396) of Chapter
7 of Title 42 of the United States Code.
(b) Notwithstanding subdivision (a), the reductions required by
this section shall not apply to payments made pursuant to
subdivisions (e), (g), and (h) of Section 12200.
12200.5. (a) (1) If permitted by federal law, and upon approval of
the Secretaries of the United States Department of Health and Human
Services and the United States Department of Agriculture, state
supplementary payments set forth in Section 12200 shall be decreased
for individuals and couples who live alone as defined for purposes of
eligibility for food stamps or only with other recipients of aid
under Section 12200 so as to no longer include the bonus value of
food stamps, and the department shall, instead, provide food stamps
to each otherwise eligible aged, blind, or disabled applicant or
recipient as specified in this section.
(2) Amounts of aid payable to individuals pursuant to subdivisions
(a), (c), and (f) of Section 12200 who live alone as defined for
purposes of food stamp eligibility or only with recipients of aid
under Section 12200 shall be reduced by ten dollars ($10).
(3) Amounts of aid payable to couples pursuant to subdivisions (b)
and (d) of Section 12200 who live alone as defined for purposes of
food stamp eligibility or only with other recipients of aid under
Section 12200 shall be reduced by ten dollars ($10).
(b) (1) This section shall not be operative unless the Secretary
of the United States Department of Agriculture approves the necessary
waivers for a centralized state issuance system.
(2) Waivers required by paragraph (1) shall include, at a minimum,
all of the following, in order to ensure the most cost-effective
delivery of benefits:
(A) 7 C.F.R. 273.10(f)--Limitation of certification periods.
(B) 7 C.F.R. 273.2(e)--Face-to-face interview requirements.
(C) 7 C.F.R. 273.2(f)(1)--Mandatory verification requirements.
(D) 7 C.F.R. 273.2(g)--Application processing timeframe
requirements.
(E) 7 C.F.R. 273.9(d)(6)--Standard utility allowance usage.
(F) 7 C.F.R. 273.12(a)--Nonmonthly reporting requirements.
(c) In the administration of the centralized state system, the
department may contract through a competitive bid contract or a sole
source contract all or part of this operation.
12201. (a) Except as provided in subdivision (d), the payment
schedules set forth in Section 12200 shall be adjusted annually to
reflect any increases or decreases in the cost of living. Except as
provided in subdivision (e), (f), or (g), these adjustments shall
become effective January 1 of each year. The cost-of-living
adjustment shall be based on the changes in the California
Necessities Index, which as used in this section shall be the
weighted average of changes for food, clothing, fuel, utilities,
rent, and transportation for low-income consumers. The computation of
annual adjustments in the California Necessities Index shall be made
in accordance with the following steps:
(1) The base period expenditure amounts for each expenditure
category within the California Necessities Index used to compute the
annual grant adjustment are:
Food............................... $ 3,027
Clothing (apparel and upkeep)...... 406
Fuel and other utilities........... 529
Rent, residential.................. 4,883
Transportation..................... 1,757
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Total.............................. $10,602
(2) Based on the appropriate components of the Consumer Price
Index for All Urban Consumers, as published by the United States
Department of Labor, Bureau of Labor Statistics, the percentage
change shall be determined for the 12-month period which ends 12
months prior to the January in which the cost-of-living adjustment
will take effect, for each expenditure category specified in
paragraph (1) within the following geographical areas: Los
Angeles-Long Beach-Anaheim, San Francisco-Oakland, San Diego, and, to
the extent statistically valid information is available from the
Bureau of Labor Statistics, additional geographical areas within the
state which include not less than 80 percent of recipients of aid
under this chapter.
(3) Calculate a weighted percentage change for each of the
expenditure categories specified in subdivision (a) using the
applicable weighting factors for each area used by the State
Department of Industrial Relations to calculate the California
Consumer Price Index (CCPI).
(4) Calculate a category adjustment factor for each expenditure
category in paragraph (1) by (1) adding 100 to the applicable
weighted percentage change as determined in paragraph (2) and (2)
dividing the sum by 100.
(5) Determine the expenditure amounts for the current year by
multiplying each expenditure amount determined for the prior year by
the applicable category adjustment factor determined in paragraph
(4).
(6) Determine the overall adjustment factor by dividing (1) the
sum of the expenditure amounts as determined in paragraph (4) for the
current year by (2) the sum of the expenditure amounts as determined
in paragraph (4) for the prior year.
(b) The overall adjustment factor determined by the preceding
computational steps shall be multiplied by the payment schedules
established pursuant to Section 12200 as are in effect during the
month of December preceding the calendar year in which the
adjustments are to occur, and the product rounded to the nearest
dollar. The resultant amounts shall constitute the new schedules for
the categories given under subdivisions (a), (b), (c), (d), (e), (f),
and (g) of Section 12200, and shall be filed with the Secretary of
State. The amount as set forth in subdivision (h) of Section 12200
shall be adjusted annually pursuant to this section in the event that
the secretary agrees to administer payment under that subdivision.
The payment schedule for subdivision (i) of Section 12200 shall be
computed as specified, based on the new payment schedules for
subdivisions (a), (b), (c), and (d) of Section 12200.
(c) The department shall adjust any amounts of aid under this
chapter to insure that the minimum level required by the Social
Security Act in order to maintain eligibility for funds under Title
XIX of that act is met.
(d) (1) No adjustment shall be made under this section for the
1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 2004, 2006, 2007,
2008, 2009, and 2010 calendar years to reflect any change in the cost
of living. Elimination of the cost-of-living adjustment pursuant to
this paragraph shall satisfy the requirements of Section 12201.05,
and no further reduction shall be made pursuant to that section.
(2) Any cost-of-living adjustment granted under this section for
any calendar year shall not include adjustments for any calendar year
in which the cost of living was suspended pursuant to paragraph (1).
(e) For the 2003 calendar year, the adjustment required by this
section shall become effective June 1, 2003.
(f) For the 2005 calendar year, the adjustment required by this
section shall become effective April 1, 2005.
(g) (1) For the 2011 calendar year and each calendar year
thereafter, no adjustment shall be made under this section unless
otherwise specified by statute.
(2) Notwithstanding paragraph (1), the pass along of federal
benefits provided for in Section 12201.05 shall be effective on
January 1 of each calendar year.
12201.03. (a) For the 1992, 1993, 1994, 1995, 1996, 1997, and 1998
calendar years, or for the period of January 1, 2003, to May 31,
2003, inclusive, if no cost-of-living adjustment is made pursuant to
Section 12201, the payment schedules set forth in Sections 12200,
13920, and 13921, as adjusted pursuant to Section 12201, shall
include the pass along of any cost-of-living increases in federal
benefits under Subchapter 16 (commencing with Section 1381) of
Chapter 7 of Title 42 of the United States Code.
(b) Notwithstanding paragraph (2) of subdivision (d) of Section
12201, any adjustments made pursuant to this section to reflect the
pass along of federal cost-of-living adjustments shall be included in
the base amounts for purposes of determining cost-of-living
adjustments made pursuant to Section 12201.
(c) Notwithstanding subdivision (a), no pass along of any
cost-of-living increase in federal benefits under Subchapter 16
(commencing with Section 1381) of Chapter 7 of Title 42 of the United
States Code shall be made in 1994. This provision shall not apply to
those persons receiving payments pursuant to subdivisions (e), (g),
and (h) of Section 12200.
(d) Notwithstanding subdivision (a), in no event shall the payment
schedules be reduced below the level required by the federal Social
Security Act in order to maintain eligibility for federal funding
under Title XIX of the federal Social Security Act, contained in
Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42
of the United States Code.
(e) Notwithstanding subdivisions (a) and (c), for the 2006
calendar year, the pass along of any cost-of-living increase in
federal benefits under Subchapter 16 (commencing with Section 1381)
of Chapter 7 of Title 42 of the United States Code shall not become
effective until April 1, 2006. This subdivision shall not apply to
those persons receiving payments pursuant to subdivisions (e), (g),
and (h) of Section 12200.
12201.04. On January 1, 1999, in addition to the changes in the
payment schedules in Section 12200 required by Section 12201, the
payment schedules in Section 12200 shall be increased by an
additional 1 percent.
12201.05. (a) Commencing with the 2004 calendar year, and
thereafter, in any calendar year in which no cost-of-living
adjustment is made pursuant to Section 12201, the payment schedules
set forth in Sections 12200, 13920, and 13921, as adjusted pursuant
to Section 12201, shall include the pass along of any cost-of-living
increases in federal benefits under Subchapter 16 (commencing with
Section 1381) of Chapter 7 of Title 42 of the United States Code,
except that for the 2006 calendar year, the federal pass along shall
not become effective until April 1, 2006. This delay shall not apply
to those persons receiving payments pursuant to subdivisions (e),
(g), and (h) of Section 12200.
(b) Notwithstanding paragraph (2) of subdivision (d) of Section
12201, any adjustments made pursuant to this section to reflect the
pass-along of federal cost-of-living adjustments shall be included in
the base amounts for purposes of determining cost-of-living
adjustments made pursuant to Section 12201.
12201.5. Notwithstanding the provisions of Section 12200, the
amount applicable under that section to a disabled minor residing in
a nonmedical out-of-home facility with a nonrelative guardian shall
be the amount specified in subdivision (g) of that section, as
adjusted for cost of living pursuant to Section 12201, except as
provided in subdivision (d) of Section 12201.
12202. The policy shall be followed of granting aid to the
recipient in his own home or in some other suitable home of his own
choosing in preference to placing him in an institution.
12203. If, when, and during such times as the United States
government authorizes after October 1972, an increase in the adjusted
payment level, for whatever reason, above the adjusted payment level
under the appropriate approved plan of this state as in effect for
January 1972 under Section 401 of Title IV of the Social Security Act
Amendments of 1972, the maximum grants of aid provided in Section
12200 shall be increased by an amount equal to 50 percent of such
increase in the adjusted payment level, or any higher amount of such
increase in the adjusted payment level as is required by federal law.
The increase to the grants provided by this section shall be in
addition to any increases provided pursuant to Section 12201 or any
other provisions of law.
An increase in the adjusted payment level provided in this section
includes, but is not limited to, increases, if any, as a result of
Public Law 93-86 and increases as a result of the adjusted payment
level being based upon the appropriate approved plan of this state as
in effect for any date on and after January 1, 1972.
12204. State supplementary payments under Section 1616 of the
Social Security Act shall include payment to recipients as required
by Section 212 of Public Law 93-66. In the event that such payment to
any such recipient is less than the amount he would otherwise be
entitled to receive under this chapter or Chapter 4 (commencing with
Section 12500) of this part such recipient shall be entitled to
receive the greater amount.
12205. Increases in federal benefits under Part A of Title XVI of
the Social Security Act for reasons other than cost of living which
are not accompanied by an increase in federal benefits under Title II
of the Social Security Act shall be added to the payment schedules
as set forth in Section 12200, excluding subdivision (h), in
accordance with the following method: The amount of the increase in
the federal monthly benefit level shall be multiplied by the number
of recipients who will benefit therefrom and the resultant amount
divided by the total number of recipients eligible for assistance
under the provisions of this chapter at the time the increases are to
go into effect, and the quotient rounded to the nearest dollar. This
amount shall determine the increase in the aforementioned payment
schedules.
Subsequent to the first increase pursuant to this section, each
additional increase in the Title XVI federal benefit levels added to
the payment schedules of Section 12200, excepting subdivision (h),
shall be based on the difference between the federal benefit levels
immediately applicable prior to an increase thereto and the federal
benefit levels immediately applicable thereafter.
The director shall notify the Secretary of the United States
Department of Health, Education and Welfare of the amount of the
increases to be added pursuant to this section to the payment
schedules in Section 12200, no later than 15 working days following
the date on which the director is notified by the secretary in
writing of the amounts of the increases to federal benefits.
This section shall be suspended for the period from July 1 through
December 31, 1983, and on January 1, 1984, shall become operative
again.