Cal. Code Regs. tit. 22 § 50653

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

Section 50653 - Determination of Share of Cost

(a) The share of cost shall cover a one month period and be determined as follows:

(1) For MFBUs which do not include a person in LTC:

(A) Determine the net nonexempt income available to the members of the MFBU.

(B) Round the total net nonexempt income determined in (A) to the nearest dollar, with amounts ending in 50 cents or more rounded to the next higher dollar.

(C) Determine the appropriate maintenance need for the MFBU in accordance with Section 50603.

(D) Subtract the combined maintenance need from the total rounded net nonexempt income. The remainder, if any, is the share of cost.

(2) For MFBUs which include a person in LTC:

(A) Determine the total countable income available to the MFBU in the month.

(B) Add to the total countable income any amounts previously deducted in accordance with Sections 50547 through 50554.

(C) Subtract from the amount determined in (B) the deductions and allocations specified in Sections 50555.1 through 50555.4 and 50563. This is the net nonexempt income available to the MFBU.

(D) Round the total net nonexempt income determined in (C) to the nearest dollar, with amounts ending in 50 cents or more to the next highest dollar.

(E) Determine the appropriate maintenance need in accordance with Section 50601.

(F) Subtract the amount determined in (E) from the amount determined in (D). This amount, if any, is the share of the cost.

(b) The share of cost shall be determined:

(1) At the time of application, reapplication or restoration.

(2) When there is a change in income, family composition or any other factor affecting the share of cost. In these instances the share of cost shall be determined in accordance with Sections 50653.3 and 50655.5.

Cal. Code Regs. Tit. 22, § 50653

1. Amendment of subsection (b)(2) filed 8-8-80; effective thirtieth day thereafter (Register 80, No. 32).
2. Amendment filed 1-8-81; effective thirtieth day thereafter (Register 81, No. 2).
3. Amendment filed 7-31-81 as an emergency; effective upon filing (Register 81, No. 33). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-28-81.
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 A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-30-82.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. Amendment of subsection (a)(2) filed 12-23-81; effective thirtieth day thereafter (Register 81, No. 52).
6. Certificate of Compliance as to 7-31-81 order transmitted to OAL 11-6-81 and filed 1-27-82 (Register 82, No. 5).
7. Certificate of Compliance as to 11-30-81 order filed 3-30-82 (Register 82, No. 14).
8. 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.
9. Certificate of Compliance transmitted to OAL 12-30-82 and filed 2-2-83 (Register 83, No. 6).
10. Editorial correction of NOTE filed 4-12-83 (Register 83, No. 16).

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 and 14005.9, Welfare and Institutions Code.