Brian

This mandamus proceeding has its genesis in recent federal legislation commencing with the Social Security Amendments of 1972, Act of October 30, 1972, Public Law No. 92-603, 86 Statutes 1329, commonly known (and herein referred to) by its bill number in Congress, “H.R. 1.” Section 303(a) of H.R. 1 repeals (effective Jan. 1, 1974) the previously existing system of federal participation in adult welfare programs through grants-in-aid to the states under the Social Security Act (title I, 42 U.S.C. § 301 et seq. [Old Age Assistance]; title X, 42 U.S.C. § 120-1 et seq. [Aid to the Blind]; and tide XIV, 42 U.S.C. § 1351 et seq. [Aid for the Permanently and Totally Disabled]). The correlative California provisions are set forth in the Welfare and Institutions Code: Old Age Security (“OAS”), commencing with section 12000; Aid to the Blind (“AB”) section 12500 et seq.; and Aid to the Needy Disabled (“ATD”) section 13500 et seq.

H.R. 1 replaces the three adult aid programs with a single federal program of aid to the needy aged, blind, and disabled, under title XVI of the Social Security Act. The new system is called the Supplemental Security Income Program (“SSI”). (Act of Oct.…

Respondents Secretaryand Director have filed a petition for rehearing and petitioners have filed a reply. Notwithstanding the care taken by this court to distinguish between the basic grants payable to recipients without special needs and the maximum grants payable to those with special needs (ante, p. 450), the petitioners evince the erroneous belief that commencing January 1974, all recipients in the affected programs will receive maximum grants, i.e., the amounts payable to those with special needs, minus the former federal contribution. No change in law has abolished the distinction between the benefit levels applicable to those with special needs and to those without. To place the matter beyond all doubt, let us express it thusly: In January 1974, a recipient will receive, from the state-county system, a grant equal in amount to one-half of that which he would have received had H.R. 1 not been enacted.

This mandamus proceeding has its genesis in recent federal legislation commencing with the Social Security Amendments of 1972, Act of October 30, 1972, Public Law No. 92-603, 86 Statutes 1329, commonly known (and herein referred to) by its bill number in Congress, "H.R. 1." Section 303(a) of H.R. 1 repeals (effective Jan. 1, 1974) the previously existing system of federal participation in adult welfare programs through grants-in-aid to the states under the Social Security Act (title I, 42 U.S.C. § 301 et seq. [Old Age Assistance]; title X, 42 U.S.C. § 1201 et seq. [Aid to the Blind]; and title XIV, 42 U.S.C. § 1351 et seq. [Aid for the Permanently and Totally Disabled]). The correlative California provisions are set forth in the Welfare and Institutions Code: Old Age Security ("OAS"), commencing with section 12000; Aid to the Blind ("AB") section 12500 et seq.; and Aid to the Needy Disabled ("ATD") section 13500 et seq.

H.R. 1 replaces the three adult aid programs with a single federal program of aid to the needy aged, blind, and disabled, under title XVI of the Social Security Act. The new system is called the Supplemental Security Income Program ("SSI").…