Cal. Code Regs. Tit. 22, § 50564 - Treatment of Income - Persons No Longer Receiving Title XVI Due to a Cost of Living Increase in OASDI Benefits Under Title II

(a) The provisions of this section shall be applied to any MFBU which includes an aged, blind or disabled person who meets all of the following conditions:

(1) Was eligible for and receiving Title XVI benefits in any month since April 1977.

(2) Was in receipt of OASDI Title II benefits and received a cost of living increase since April 1977.

(3) Has not been entitled to Title XVI benefits in any month since receipt of a Title II cost of living increase, including the month of receipt of the Title II increase.

(4) Would be entitled to Title XVI benefits, as determined in accordance with Department procedures, if the Title II cost of living increases received after Title XVI ineligibility occurred are disregarded. Increases to be disregarded include the increase which rendered Title XVI ineligibility.

(b) The aged, blind or disabled person in the MFBU who meets all of the conditions specified in (a) shall be eligible for Medi-Cal as a Title II Disregard person with no share of cost.

(c) The net nonexempt income of the Title II Disregard person shall be considered when determining the share of cost for the remaining family members.

(d) The Title II Disregard person shall be considered a member of the MFBU when determining the maintenance need in accordance with Section 50601.

(e) The share of cost for the MFBU shall be processed in accordance with Section 50660.

(f) The provisions of this regulation also apply to eligibility determinations or redeterminations made retroactively to September 1, 1978.

Notes

Cal. Code Regs. Tit. 22, § 50564

1. New section filed 1-5-78 as an emergency; effective upon filing (Register 78, No. 1).
2. Certificate of Compliance filed 5-5-78 (Register 78, No. 18).
3. New subsection (c) filed 6-30-78 as an emergency; effective upon filing (Register 78, No. 26).
4. Amendment filed 5-24-79 as an emergency; designated effective 6-1-79 (Register 79, No. 21).
5. Certificate of Compliance filed 9-19-79 (Register 79, No. 38).

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

1. New section filed 1-5-78 as an emergency; effective upon filing (Register 78, No. 1).
2. Certificate of Compliance filed 5-5-78 (Register 78, No. 18).
3. New subsection (c) filed 6-30-78 as an emergency; effective upon filing (Register 78, No. 26).
4. Amendment filed 5-24-79 as an emergency; designated effective 6-1-79 (Register 79, No. 21).
5. Certificate of Compliance filed 9-19-79 (Register 79, No. 38).