§ 18938. — 18938. (Amended by Stats. 2001, Ch. 111, Sec. 53.)

California § 18938.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 9.: DIVISION 9. PUBLIC SOCIAL SERVICES
• Part 6.: PART 6. MISCELLANEOUS PROVISIONS
• Ch. 10.3.: CHAPTER 10.3. Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants

Text

(a)
(1)
Subject to paragraphs (2) and (3), an individual, upon application, shall be eligible for the program established pursuant to Section 18937 if his or her immigration status meets the eligibility criteria of the Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) in effect on August 21, 1996, but he or she is not eligible for SSI/SSP benefits solely due to his or her immigration status under Title IV of Public Law 104-193 and any subsequent amendments thereto.
(2)
An applicant who is otherwise eligible for the program, but who entered the United States on or after August 22, 1996, shall be eligible for aid under this chapter only if he or she is sponsored and one of the following conditions is met:
(A)
The sponsor has died.
(B)
The sponsor is disabled, as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.
(C)
The applicant, after entry into the United States, is a victim of abuse by the sponsor or the spouse of the sponsor if the spouse is living with the sponsor.
(3)
An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, and who does not meet one of the
conditions of paragraph (2) shall be eligible for aid under this chapter beginning on October 1, 1999.
(4)
The applicant shall be required to provide verification that one of the conditions of subparagraphs (A), (B), or (C) of paragraph (2) has been met.
(5)
(A)
For purposes of subparagraph (C) of paragraph (2), abuse shall be defined in the same manner as provided in Section 11495.1 and Section 11495.12. A sworn statement of abuse by a victim, or the representative of the victim if the victim is not able to competently swear, shall be sufficient to establish abuse if one or more additional items of evidence of abuse is also provided. Additional evidence may include, but is not limited to, the following:
(i)
Police, government agency, or court records or files.
(ii)
Documentation from a domestic violence program, legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with abuse.
(iii)
A statement from any other individual with knowledge of the circumstances that provided the basis for the claim.
(iv)
Physical evidence of abuse.
(B)
If the victim cannot provide additional evidence of abuse, then the sworn statement shall be sufficient if the county makes a determination documented in the case file that the applicant is credible.
(b)
The department shall periodically redetermine the eligibility of each individual.
(c)
The
department shall take all steps necessary to qualify any benefits paid under this section to be eligible for reimbursement as federal Interim Assistance including requiring a repayment agreement.

Legislative History

Amended by Stats. 2001, Ch. 111, Sec. 53. Effective July 30, 2001.