§ 17403.1

300 words·~1 min read·/ca/welfare-and-institutions-code/17403-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Notwithstanding the provisions of Section 17403, the county claim for reimbursement of aid extended to the indigent shall be offset as provided herein in cases where:

(1)the indigent is represented by an attorney at law or other authorized representative in connection with a denial of, or termination of, Supplemental Security Income benefits with state supplementation under the provisions of Title XVI of the federal Social Security Act and Chapter 3 (commencing with Section 12000) of Part 3; and

(2)the county receives the indigent’s initial payment of these benefits pursuant to an interim assistance reimbursement agreement authorized by Section 1631

(g)of the federal Social Security Act.

The amount of offset reducing the county claim in these instances shall be paid to the representative by the county as a representation fee. The county, by appropriate enactment of the board of supervisors, may elect to be exempted from the mandatory obligation to pay representation fees under this section, but the county shall retain the authority, despite such election, to pay a representation fee in such instances as the county may deem appropriate. Any representation fee paid pursuant to this section shall not be recoverable from the indigent or the indigent’s estate.

The representation fee shall be a fixed percentage of the interim assistance reimbursement received by the county equal to the lesser of

(1)25 percent; or

(2)the percentage obtained by dividing any representation fee to be paid by the indigent as authorized under federal law by the net benefits paid to the indigent by the county after interim assistance reimbursement and multiplying the quotient by 100.

For purposes of this section, an “authorized representative” shall mean an individual who has met the requirements set forth in Title XVI of the federal Social Security Act and regulations promulgated thereunder.