Cal. Code Regs. Tit. 22, § 50512 - Ownership of Income

(a) Except as specified in (b), income is considered to belong to the person who:

(1) Is named on a negotiable instrument.

(2) Is given cash.

(3) Receives the income in kind.

(b) In the case of a married couple it shall be presumed that each spouse has a one-half community property ownership interest in the total monthly gross earned and unearned income of both spouses providing all of the following conditions exist:

(1) One spouse is in LTC and the other spouse is noninstitutionalized.

(2) There is no break in marital ties.

(3) The LTC spouse receives an amount of income which is greater than the amount of income received by the noninstitutionalized spouse.

(c) The community property ownership presumption in (b) shall be rebuttable by either spouse who provides evidence that all or a portion of the total income is owned separately by one spouse.

Notes

Cal. Code Regs. Tit. 22, § 50512

1. Renumbering and amendment of former Section 50513(d) to Section 50512 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 A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-1-86. For prior history, see Register 77, No. 51.
2. Renumbering and amendment of former Section 50513(d) to Section 50512 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 A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-28-86.
3. Certificate of Compliance including amendment of subsection (b) as to 3-28-86 ordered filed 6-6-86 (Register 86, No. 23).
EXPLANATORY NOTE:
1. Approval by OAL of the Certificate of Compliance for the amendment of Section 50512, 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 50512 or Chapter 1221 of the California Statutes of 1985 and any federal statute or regulation.

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code; and Section 5, Chapter 1221, Statutes of 1985. Reference: Sections 14005.4, 14005.7 and 14005.16, Welfare and Institutions Code; and Sections 687, 5105 and 5110, Civil Code.

1. Renumbering and amendment of former Section 50513(d) to Section 50512 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. For prior history, see Register 77, No. 51.
2. Renumbering and amendment of former Section 50513(d) to Section 50512 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.
3. Certificate of Compliance including amendment of subsection (b) as to 3-28-86 ordered filed 6-6-86 (Register 86, No. 23).
EXPLANATORY NOTE:
1. Approval by OAL of the Certificate of Compliance for the amendment of Section 50512, 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 50512 or Chapter 1221 of the California Statutes of 1985 and any federal statute or regulation.