Cal. Code Regs. Tit. 22, § 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.
Notes
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
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
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
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.
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
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
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
6. New subsection (a)(4) filed 7-9-87; operative 8-8-87 (Register 87, No. 30).
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