HomeMy WebLinkAboutMINUTES - 07291986 - 2.2 2.2
THE BOARD OF SUPERVISORS OF CONTRA COSTA "COUNTY, CALIFORNIA
Adopted this Order on July 29 , 1986 , by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Decision on Appeal of Linda Smith
The Board on July 15 , 1986 , closed the hearing on the
appeal of Linda Smith, 1701 Mahogany Way, #35 , Antioch, CA 945092
from the administrative decision of the Appeals and Complaints
Division of the Social Service Department, and deferred decision
to July 29 , 1986 . County Counsel was requested to review the issue
of whether the Social Security survivor' s benefits of Ms. Smith' s 17
.year-old son, Michael, may be considered available for the support
of his mother with whom he lives in determining her eligibility to
receive General Assistance.
In a July 25 , 1986 , report to the Board, County Counsel,
advised that the minor child' s survivors benefits could not be con-
sidered to be available for the support of the mother in determining
her eligibility to receive General Assistance. County Counsel
recommended that the Board grant the appeal of Ms. Smith.
IT IS BY THE BOARD ORDERED that the appeal of Linda Smith
is GRANTED.
IT IS FURTHER ORDERED that the Social Service Director is
INSTRUCTED to reconsider Ms. Smith' s application for General
Assistance benefits in accordance with the views expressed in
County Counsel' s report (copy attached and included as part of
this document) .
hereby cPrtIfy that Wks I:?.sy .of
an action taE;en and entered on the, i°e
Board of Supervisors on the dale lshomi.
ATTESTED:
pp��pp a /. �
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Hha Board
of Supervisoas and County Ad''6rA1113tr8'k0F
cc: Ms. Linda Smith
Contra Costa Legal Services Foundation
Attn: Steven R. Berg
Social Service Department
Appeals & Complaints Division
County Counsel
County Administrator
COUNTY COUNSEL'S OFFICE REC_-,qIVED
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA J U L 2, 5 1986
Date: July 25, 1986
BATC�JELO-7g
ERY CO PH!LRD OF SUPERVISORS
6 RA COS iA C
To: Board of Supervisors De
From: Victor J. Westman, County Counsel
By: Paul R. MunizS Deputy County Counsel
I
Re: General Assistance Appeal of Linda Smith
County # 07-92-358352-3BB2
RECOMMENDATION: We recommend that the Board of Supervisors grant the appeal
of Linda Smith. Her application for General Assistance should be reconsidered
without including her son Michael within the GA Budget Unit.
DISCUSSION:
The sole issue presented in this appeal is whether the Social Security sur-
vivor's benefits of a 17-year-old minor may be considered available for the sup-
port of the mother, with whom he lives, in determining her eligibility to receive
General Assistance.
The Standards for Administration of the General Assistance Program (Bd. Res.
85/505) and the Social Service Department Manual provide that the income of a
defined "GA Budget Unit" is used to determine an individual applicant's eligi-
bility for General Assistance. (Standards, SSI.C, II.D; DM 49-401, SS II.3,
IIA, III.A.)
Appellant's 17-year-old son, Michael, receives Social Security survivor's
benefits in the amount of $586 per month (42 U.S.C. S402(d)). Appellant is the
representative payee of her son's benefits, apparently because of his minority
(42 U.S.C. S405(j)(1); 20 C.F.R. S404.2010(b)) .
As representative payee, appellant "has a responsibility to...[u]se the
payments...she receives only for the use and benefit of [her son] ... ." (20
C.F.R. S404.2035(a).) "If the current maintenance needs of [her son] are met,
[appellant] may use part of the payments for the support of [her son's]
legally dependent spouse, child, and/or parent." (20 C.F.R. 5404.2040(c),
emphasis added.) Payments in excess of the needs of her son and the support of
his legal dependents "shall be conserved or invested on behalf of [her son] ."
(20 C.F.R. S404.2045(a).)
Whether appellant may apply any of her son's benefits to her own support,
and thus whether the County may charge her with applying them to her own sup-
port, depends on whether she is "legally dependent" upon her son, that is,
whether her son has a legal duty to support her. This is a question of state
law.
Board of Supervisors July 25, 1986
Civil Code section 206 requires that adult children of a person in need who
is unable to maintain himself by work maintain that person to the extent of
their ability. (In re Jerald C. (1984) 36 Cal.3d 1, 5 [201 Cal.Rptr. 342, 678
P.2d 9171; Swoap v. Superior Court (1973) 10 Cal.3d 490, 502-507 [111 Cal.Rptr.
136, 516 P.2d 8401 ; Garcia v. Superior Court (1941) 45 Cal.App.2d 31, 33 [113
P.2d 4701; see Civ. Code, §206.5, Pen. Code, §270c.) There is no such duty on
the part of minor children to support their needy parents.
CONCLUSION:
Appellant Linda Smith is not legally dependent upon her son Michael so long
as he remains under 18 years of age. Michael's Social Security survivor's bene-
fits may not, therefore, presently be applied to the support of appellant, nor
may the County deem those benefits to be available for her support at this time.
Michael should not be considered to be part of the GA Budget Unit (see DM
49-401, §III.A.l.b), and appellant's application for General Assistance should
be reconsidered on that basis. If she is found .to be eligible for General
Assistance, the fact that she shares housing with Michael must nevertheless be
considered in determining the housing component of her grant. (DM 49-207, §III;
49-402, §II.D.)
PRM:Is
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