Section 5812 - Time of Eligibility Determination; Period of Effect of a Public Benefit(a) Eligibility of an applicant shall be determined at the time of application for a public benefit, prior to issuance of the public benefit being applied for, except as provided in Section 5816(g). If the enforcement agency investigates an applicant and does not determine that the applicant is eligible to receive public benefits pursuant to this chapter, the public benefit shall be denied, except as provided in Section 5816(g).(b) Except as provided in Section 5816(g), the continuing eligibility for public benefits of a person who has received a public benefit prior to the effective date of these regulations shall be established prior to an enforcement agency's approval of any renewal or other change concerning the public benefit which, pursuant to program regulations, requires the enforcement agency's prior approval. If a person fails to establish eligibility, the enforcement agency shall withhold its approval of the renewal or other change, except as provided in Section 5816(g). Under no circumstances may a public benefit provided to a person be transferred to an unqualified alien, nor may a public benefit be used in a manner which would allow an unqualified alien to be a beneficiary.(c) All determinations of ineligibility shall be promptly transmitted to the applicant in writing, and shall include the reasons for the determination and a summary of the applicable appeal procedures set forth in section 5818.Cal. Code Regs. Tit. 25, § 5812
1. New section filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-4-98 as an emergency; operative 8-4-98 (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-4-98 order, including amendment of subsection (c), transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3). Note: Authority cited: Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code.
1. New section filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-4-98 as an emergency; operative 8-4-98 (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-4-98 order, including amendment of subsection (c), transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3).