Jenkins

This is an original class action for extraordinary relief in the nature of mandamus, seeking an interpretation of Welfare and Institutions Code section 12053 favorable to petitioners and its enforcement as so interpreted.

The Social Security Act of 1935 created several grant-in-aid programs to provide federal aid to states in partial reimbursement of state welfare expenditures (Wedemeyer & Moore, The American Welfare System (1966) 54 Cal.L.Rev. 326). Two grant-in-aid programs were originally established for needy adults, Old Age Assistance ( 42 U.S.C. § 301 et seq.), and Aid to the Blind ( 42 U.S.C. § 1201 et seq.); a third program was added in 1950, Aid to the Disabled ( 42 U.S.C. § 1351 et seq.).

The 1972 Congress substantially changed the system of paying welfare to needy adults. The Social Security Amendments of 1972 ( Pub.L. 92-603, 86 Stat. 1329 et seq. — also known as H.R.-1) [1] repealed the former grant-in-aid programs as of January 1, 1974. In their place a single program was established under title XVI of H.R.-1 ( 42 U.S.C. §§ 1381-1385 ). This new system, known as the Supplemental Security Income (SSI) program, guarantees a monthly federal payment…

This is an original class action for extraordinary relief in the nature of mandamus, seeking an interpretation of Welfare and Institutions Code section 12053 favorable to petitioners and its enforcement as so interpreted.

Statutory Background

The Social Security Act of 1935 created several grant-in-aid programs *76 to provide federal aid to states in partial reimbursement of state welfare expenditures (Wedemeyer & Moore, The American Welfare System (1966) 54 Cal.L.Rev. 326). Two grant-in-aid programs were originally established for needy adults, Old Age Assistance ( 42 U.S.C. § 301 et seq.), and Aid to the Blind ( 42 U.S.C. § 1201 et seq.); a third program was added in 1950, Aid to the Disabled ( 42 U.S.C. § 1351 et seq.).

The 1972 Congress substantially changed the system of paying welfare to needy adults. The Social Security Amendments of 1972 ( Pub.L. 92-603, 86 Stat. 1329 et seq.—also known as H.R.-1) 1 repealed the former grant-in-aid programs as of January 1, 1974. In their place a single program was established under title XVI of H.R.-1 ( 42 U.S.C. §§ 1381-1385 ). This new system, known as the Supplemental Security Income (SSI) program, guarantees a monthly…

I concur in the result but would support it in a somewhat different manner. As the court’s opinion points out, Welfare and Institutions Code section 12053 is hopelessly confused. Two basic rules of statutory interpretation are mandatory upon us: One, the statute is not surplusage, cannot be ignored and must be given effect if at all possible. Two, it must be given an effect, if at all possible, consistent with the discerned objective of the larger enactment of which it forms a part.

Welfare and Institutions Code section 12200 declares that recipients shall receive SSP payments which, when added to federal benefits and other nonexempt income resources, equal specified monthly amounts. For this purpose, section 12051 defines income as both earned and unearned income as defined by title XVI of the Social Security Act (H.R.-1). Section 12053, the troublesome and almost incomprehensible statute in suit, declares: “An applicant’s share of his spouse’s community property income is defined as the income which is community property subject to the direction and control of the applicant, except for the earnings of his or her spouse.”

By permitting the various states to exempt or exclude…