Cal. Code Regs. tit. 22 § 50517

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 50517 - Apportionment of Income over Time

(a) Income shall be considered available in the month received, unless it is apportioned over time in accordance with the following:

(1) Income earned and received in more than eight but less than twelve months under an annual contract of employment shall be apportioned equally over the period of the contract beginning with the first month of the contract.

(2) Income received more frequently than monthly or semi-monthly shall be converted to monthly income in accordance with (3) if both of the following conditions are met:

(A) The beneficiary wishes to receive Medi-Cal for more than two months.

(B) The beneficiary is to receive the income for a full month.

(3) Income shall be converted to monthly income by the following methods:

(A) Multiply weekly income by 4.33 or 4 ¹/₃.

(B) Multiply income received every two weeks by 2.167 or 2 ¹/₆.

(4) Income received less frequently than monthly shall be converted to monthly income by the following methods.

(A) Divide quarterly income by three.

(B) Divide income received every two months by two.

(5) Income from self-employment, as determined in accordance with Section 50505, shall be determined on an annual basis and apportioned monthly.

(6) Loans which do not require repayment and are not exempt in accordance with Section 50533, and which specify that they are to cover a certain period of time shall be apportioned over that period of time.

(7) Interest income from a deed of trust or contract of sale shall be determined on an annual basis and apportioned monthly.

(8) Interest income which is received less frequently than monthly and is not exempt as specified in Section 50542 shall be apportioned as follows:

(A) Determine the number of months of the period during which the interest accrued.

(B) Divide the interest income by the number of months in the interest period.

(C) Consider the amount determined in (B) as income in each of the months of the next interest period.

Cal. Code Regs. Tit. 22, § 50517

1. Amendment of subsection (a) and repealer of subsection (b), filed 12-15-77; effective thirtieth day thereafter (Register 77, No. 51).
2. Amendment of subsection (a)(6) filed 9-17-79 as an emergency; effective upon filing (Register 79, No. 38). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 1-15-80.
3. Certificate of Compliance transmitted to OAH 1-8-80 and filed 1-16-80 (Register 80, No. 3).
4. Amendment filed 11-30-81 as an emergency; effective upon filing (Register 81, No. 49). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-30-82.
5. Certificate of Compliance filed 3-30-82 (Register 82, No. 14).
6. Amendment of subsection (a) filed 10-1-82 as an emergency; effective upon filing (Register 82, No. 40). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-29-83.
7. Certificate of Compliance transmitted to OAL 12-30-82 and filed 2-2-83 (Register 83, No. 6).

Note: Authority cited: Sections 10725, 14005.9(c) and 14124.5, Welfare and Institutions Code; Section 133.5, AB 251, Chapter 102, Statutes of 1981. Reference: Sections 14005.4, 14005.7, 14005.9, and 14006, Welfare and Institutions Code.