Newbold v. Social Welfare Board

BARNARD, P. J.

In June, 1943, the petitioner, who had been receiving aid as a needy blind person, received a legacy consisting of cash and securities amounting to $2,653.65. It is conceded that the combined value of this legacy and her other personal property did not exceed $3,000. Based on this change in her circumstances the board of supervisors discontinued such aid to the petitioner on June 30, 1943. That action was affirmed by the State Social Welfare Board, that board finding that the petitioner possessed personal property amounting to $2,320; that since she owned more than $600 in cash and securities and had no plan for rehabilitation the discontinuance of such aid by the county was proper; that a regulation adopted by the State Social Welfare Board provides that aid to needy blind may not be granted where cash or securities owned are in excess of $600, unless there is a plan for and the ability to provide for rehabilitation; and that this regulation is not contrary to the provisions of the Welfare and Institutions Code.

The petitioner then filed an action in the superior court asking for a review of the entire proceedings and for the issuance of a writ of mandate compelling the respondent boards to admit her to the enjoyment of the rights to which she is entitled under division 5 of the Welfare and Institutions Code. The matter was submitted on the pleadings which disclose all the material facts, and a judgment and order were entered

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directing the issuance of a peremptory writ of mandate requiring the respondent boards to admit the petitioner to the enjoyment of the rights to which she is entitled under division 5 of the Welfare and Institutions Code, and “to determine petitioner’s right to blind aid from the 30th day of June, 1943, hence, disregarding for purposes of determining her eligibility the first $3000.00 in real and/or personal property which it is found that she has possessed since the 30th day of June, 1943.” This appeal followed.

The appellants contend that the administration of aid to the needy blind under the provisions of chapter 1, part 1, division 5 of the Welfare and Institutions Code is based upon the need of the applicant, that the regulation adopted by the state board, to the effect that blind persons owning personal property in excess of $600 are not then in need, is a reasonable regulation, and that this regulation and the denial of aid to this respondent are not in conflict with the pertinent provisions of the Welfare and Institutions Code, but are in accordance with the purpose and intent of those provisions. On the other hand, the respondent contends that the regulation above referred to is in direct conflict with section 3047 of the Welfare and Institutions Code, which provides: “Aid shall not be received under the provisions of this chapter by any person who owns personal or real property, or both, the county assessed valuation of which, less all incumbrances thereon of record, is in excess of three thousand dollars.” It is then argued that the plain meaning of this statute is that any blind person who owns not to exceed $3,000 in personal property is eligible for blind aid and cannot be excluded from the benefits of such aid insofar as any property qualification is concerned. In other words, it is contended that such a person is entitled to such aid regardless of any circumstances surrounding the possession or possible use of such funds, and that no discretion in this regard is left to the boards in charge of administering such aid.