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California supplement: out-of-home care level for a recipient living with a relative (WIC 12200(f), POMS SI 01415.058 code B) #10661

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Description

@hua7450

What happens

A disabled child who lives with a relative other than a parent gets the disabled minor share, $97.27 a month, and a blind child gets the blind share, $324.32. The out-of-home care share, $632.07, is reached only when the caller sets in_out_of_home_care_facility. No input says that a person lives with a relative and needs care.

What the rules say

These two sources may conflict for a disabled child, so this needs a ruling before any code changes.

WIC 12200(f): "For a disabled minor under 18 living with a parent or guardian or relative by blood or marriage".

POMS SI 01415.058 B.1, code B: "Apply OS code B for non-medical out-of-home care (NMOHC) when a recipient or couple needs non-medical care or supervision in the following living arrangement situations". The list includes:

  • "disabled child residing in the home of a relative who is not a parent (Major v. McMahon decision)"
  • "blind child residing in the home of a relative who is not a parent and not a legal guardian"
  • for adults, a recipient or couple who "resides in the home of a relative, legal conservator, or guardian"

POMS SI SF01415.120 adds that the relative, conservator or guardian "provides care and supervision", and section B excludes "an adult who owns or has rental liability for a residence".

Major v. McMahon may explain the difference from the statute. I haven't read the decision.

Example

January 2026, monthly. A grandparent aged 58 with no income is the tax-unit head, with a child aged 10 as a dependent, in their own household.

Child main at 25c4253483 PR #10601 at de245144dd PR, with the care input
Disabled $97.27 $97.27 $632.07
Blind $97.27 $324.32 $632.07

If code B governs, the last column applies when the child needs care or supervision. Federal SSI is $994 in every cell.

To decide

  1. Does WIC 12200(f) or POMS code B govern a disabled child living with a non-parent relative? Record the answer in the source-conflict register.
  2. If POMS governs, which input shows the need for care or supervision? The relationship alone doesn't show it, and in_out_of_home_care_facility already reaches the level.
  3. Should the same answer cover adults living with a relative who provides care?

PR #10601 lists the child case under Not modeled. This can occur in a household's own home.

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