Petersen

Petitioners were among the successful parties in the case of Bertch v. Social Welfare Dept., 45 Cal.2d 524 [ 289 P.2d 485 ]. As a result of that litigation Petersen received $4,055 in blind aid warrants, Stewart received $6,177.67 and MacKay, $5,318 in old age assistance warrants as retroactive payments for assistance previously withheld. Shortly after receipt of said sums assistance payments were discontinued upon the ground that each petitioner was in possession of personal property in excess of the $1,200 statutory limit. (Welf. & Inst. Code, §§ 2163, 3047.2.) Petitioners’ appeals to the respondent Social Welfare Board were denied and they thereupon sought review in the superior court. That court sustained the action of the board and their appeals to this court followed.

Petitioners’ original requests for assistance arose under different sections of the Welfare and Institutions Code; that is, sections 3000 et seq. (aid to needy blind) apply to Petersen and sections 2000 et seq. (aid to needy aged) apply to Stewart and MaeKay. However, the provisions of each category pertinent to this appeal are essentially the same and hence in no way affect the sole issue presented to this…