Welfare and Institutions Code § 11257

Current Version

Amended by Stats. 2019, Ch. 27, Sec. 39. (SB 80) Effective June 27, 2019. Repealed on or after June 1, 2020, as prescribed by its own provisions.

(a)To the extent not inconsistent with Sections 11265.1, 11265.2, 11265.3, and 11004.1, no aid under this chapter shall be granted or paid for any child who has real or personal property, the combined market value reduced by any obligations or debts with respect to this property of which exceeds one thousand dollars ($1,000), or for any child or children in one family who have, or whose parents have, or the child or children and parents have, real and personal property the combined market value reduced by any obligations or debts with respect to this property which exceeds one thousand dollars ($1,000).

For purposes of this subdivision, real and personal property shall be considered both when actually available and when the applicant or recipient

has a legal interest in a liquidated sum and has the legal ability to make that sum available for support and maintenance.

(b)Notwithstanding subdivision (a) above, an applicant or recipient may retain the following:

(1)Personal or real property owned by him or her, or in combination with any other person, without reference to its value, if it serves to provide the applicant or recipient with a home. If the basic home is a unit in a multiple dwelling, then only that unit shall be exempt.

For the purposes of paragraph (1), if an applicant has entered into a marital separation for the purpose of trial or legal separation or dissolution, real property which was the usual home of the applicant shall be exempt for three months following the end of the month in which aid begins. If the recipient was receiving aid when the marital separation

occurred, the period of exemption shall be three months following the end of the month in which the separation occurs. To remain exempt following this three-month period, the home must be occupied by the recipient, or be unavailable for use, control, and possession due to legal proceedings affecting a property settlement or sale of the property.

(2)Personal property consisting of one automobile with maximum equity value as permitted by federal law.

(3)In addition to the foregoing, the director may at his or her discretion, and to the extent permitted by federal law, exempt other items of personal property not exempted under this section.

(c)This section shall become inoperative on June 1, 2020, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary

automation to implement Section 11257, as added by Section 40 of the act that added this subdivision, whichever date is later, and as of that date is repealed.

Future Version

Added by Stats. 2019, Ch. 27, Sec. 40. (SB 80) Effective June 27, 2019. Section operative on or after June 1, 2020, as prescribed by its own provisions.

(a)(1) (A) To the extent not inconsistent with Sections 11265.1, 11265.2, 11265.3, and 11004.1, aid under this chapter shall not be granted or paid for any child who has real or personal property, the combined market value reduced by any obligations or debts with respect to this property of which exceeds ten thousand dollars ($10,000), or for any child or children in one family who have, or whose parents have, or the child or children and parents have, real and personal property the combined market value reduced by any obligations or debts with respect to this property which exceeds ten thousand dollars ($10,000).

(B) Effective July 1, 2020, or the date that automation changes occur, as required for

implementation, in the Statewide Automated Welfare System, whichever date is later, and annually thereafter, the resources threshold described in subparagraph (A) shall be increased on January 1 of each subsequent year by an amount equal to the increase in the California Necessities Index for the most recent fiscal year.

(2)For purposes of this subdivision, real and personal property shall be considered both when actually available and when the applicant or recipient has a legal interest in a liquidated sum and has the legal ability to make that sum available for support and maintenance.

(b)Notwithstanding subdivision (a), an applicant or recipient may retain the following:

(1)(A) Personal or real property owned by the applicant or recipient, or in combination with any other person, without

reference to its value, if it serves to provide the applicant or recipient with a home. If the basic home is a unit in a multiple dwelling, then only that unit shall be exempt.

(B)For the purposes of subparagraph (A), if an applicant has entered into a marital separation for the purpose of trial or legal separation or dissolution, real property that was the usual home of the applicant shall be exempt for three months following the end of the month in which aid begins. If the recipient was receiving aid when the marital separation occurred, the period of exemption shall be three months following the end of the month in which the separation occurred. To remain exempt following this three-month period, the home must be occupied by the recipient, or be unavailable for use, control, and possession due to legal proceedings affecting a property settlement or sale of the property.

(2)Motor vehicles, subject to the methods of calculation and limitations of subdivision (c) of Section 11155.

(3)In addition to the foregoing, the director may, at the director’s discretion, and to the extent permitted by federal law, exempt other items of personal property not exempted under this section.

(c)This section shall become operative on June 1, 2020, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section, whichever date is later.