Thornton

Lonnie M. Carlson, as Interim Director of the California Department of Social Services (Department), appeals from an order granting a preliminary injunction. The injunction prevents the Department from enforcing certain administrative regulations which implement a state program providing emergency payments to Supplemental Security Income recipients. (Welf. & Inst. Code, § 12550.) We reverse in part and affirm in part.

I

Facts

In California, eligible aged, blind or disabled persons receive Supplemental Security Income (SSI) which is funded jointly by the federal and state governments. (§§ 12000-12351; 42 U.S.C. § 1381 et seq.) The maximum monthly SSI payment for an aged or disabled person is $630. Blind recipients receive $704. (§ 12200, subds. (a) & (c).)

In 1973, the California Legislature also established a fully state-funded program to provide additional emergency payments to SSI recipients. (Stats. 1973, ch. 1216.) The enabling legislation states that the purpose of the program is to “meet the needs of [SSI] recipients . . . under emergency or special circumstances in the event that the federal government makes no provision for such payment . . . .” (§ 12500.) The…