(a) In adopting standards of aid and care for the indigent and dependent poor of the county or city and county, the board of supervisors or the agency authorized by the county charter may, for purposes of determining eligibility for aid and care, deem the income and resources of any person who, as a sponsor of the entry of a general assistance applicant or recipient into the United States, executed an affidavit of support or similar agreement with respect to that applicant or recipient, and the income and resources of the sponsorâs spouse, to be the income and resources of that applicant or recipient, in accordance with subdivisions (b) and (c), for a period of three years after the individualâs entry into the United States. Any such deemed income shall be treated as unearned income of the general assistance applicant or recipient. (b) (1) The amount of income of a sponsor and the sponsorâs spouse that shall be deemed to be the unearned income of a person who is not a citizen or national of the United States for any month shall be determined as follows: (A) The total amount of earned and unearned income of the sponsor and the sponsorâs spouse, if the spouse is living with the sponsor, shall be determined for that month. (B) The amount determined under subparagraph (A) shall be reduced by an amount equal to the following: (i) One hundred seventy-five dollars ($175), or 20 percent of the total of any amounts received by the sponsor and the sponsorâs spouse in that month as wages or salary or as net earnings from self-employment, plus the full amount of any costs incurred by them in producing self-employment income in that month, whichever is less. (ii) The amount of maximum aid established pursuant to Section 11450 for a family of the same size and composition as the sponsor and those other individuals living in the same household as the sponsor who are claimed by the sponsor as dependents for purposes of determining the sponsorâs federal personal income tax liability, but whose needs are not taken into account in making a determination for eligibility for Aid to Families with Dependent Children program under Section 602(a)(7) of Title 42 of the United States Code. (iii) Any amounts paid by the sponsor or the sponsorâs spouse to individuals not living in the sponsorâs household who are claimed by the sponsor as dependents for purposes of determining the sponsorâs federal personal income tax liability. (iv) Any payments of spousal or child support by the sponsor or the sponsorâs spouse with respect to individuals not living in the sponsorâs household. (2) The amount of resources of a sponsor and the sponsorâs spouse that shall be deemed to be the resources of a person who is not a citizen or national of the United States for any month shall be the total amount of resources determined as if the sponsor were applying for general assistance under this chapter of the sponsor and the sponsorâs spouse, if the spouse is living with the sponsor, and in accordance with the standards adopted by the county or city and county, reduced by one thousand five hundred dollars ($1,500). (c) Any sponsor of a person who is not a citizen or national of the United States, and the person who is not a citizen or national of the United States, shall be jointly and severally liable for an amount equal to any overpayment of aid made to the person who is not a citizen or national of the United States during the period of three years after the personâs entry into the United States, on account of the sponsorâs failure to provide correct information under this section, except where that sponsor was without fault, or where good cause of that failure existed. (d) In any case where a person is the sponsor of two or more persons who are not citizens or nationals of the United States who are living in the same home, the income and resources of the sponsor and the sponsorâs spouse, to the extent they would be deemed the income and res
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.