§ 18940. — 18940. (Amended by Stats. 2001, Ch. 111, Sec. 54.)

California § 18940.

• 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)
Except as otherwise provided in this chapter, the federal and state laws and regulations governing the SSI/SSP program shall also govern the program provided for under this chapter.
(b)
Federal deeming rules and exemptions governing the SSI/SSP program, including all federal and state laws and regulations designed to protect SSI/SSP recipients and their resources, shall also govern the program provided for under this chapter, except that for immigrants described in paragraph
(3) of subdivision (a) of Section 18938 who do not meet exemptions from deeming, the period for deeming of a sponsor’s income and resources shall be 10 years from the date of the sponsor’s execution of the affidavit of support or the date of the immigrant’s arrival in the United States, whichever is later.
(c)
Notwithstanding any other provision in this chapter, immigrants who are victims of abuse by their sponsor or sponsor’s spouse shall be exempt from deeming. 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:
(1)
Police, government
agency, or court records or files.
(2)
Documentation from a domestic violence program, or from a legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with abuse.
(3)
A statement from any other individual with knowledge of the circumstances that provided the basis for the claim.
(4)
Physical evidence of abuse.
(5)
If the victim cannot provide additional evidence of abuse, then the sworn statement shall be sufficient if the county makes a determination documented in writing in the case file that the applicant is credible.

Legislative History

Amended by Stats. 2001, Ch. 111, Sec. 54. Effective July 30, 2001.