46 Cal. App. 3d 431 | Cal. Ct. App. | 1975
Opinion
Rose Dixon, also known as Rose Easley, appeals the judgment (order granting probation) after her conviction for welfare fraud. She was charged with fraud in obtaining aid for her dependent children (Welf. & Inst. Code, § 11483) and in obtaining health care for herself (§ 14014).
In December 1969 Dixon applied to the Los Angeles County Department of Public Social Services for welfare for herself and her children. She signed an “affirmation for eligibility” under penalty of perjury, declaring that Joseph Easley was absent from her home, she had no income, and she owned no real or personal property. In June 1970, November 1970, April 1971, September 1971, and May 1972 she again signed affirmations of eligibility denying ownership of any property and denying the presence of Joseph Easley in her home. But in September 1971 Easley took title to a house in joint tenancy with Rose Easley, as husband and wife, and made a down payment of $800 with money borrowed from his credit union. In 1972 he purchased a 1970 Mercury automobile in the name of Joseph or Rose Easley and paid the entire purchase price with money borrowed from his credit union. Between December 1969 and December 1972 the county paid Dixon $7,600 in aid for dependent children and $2,100 for her own health care.
The trial court found that Dixon had violated section 14014 by making false affirmations of eligibility. That section provides: “Any person receiving health care for which he was not eligible on the basis of false declarations as to his eligibility shall be liable for repayment and shall be guilty of a misdemeanor or felony depending on the amount paid in his behalf for which he was not eligible, as specified in Section 487 of the Penal Code.” The court thought it unnecessary for the prosecution to prove Dixon’s ineligibility in fact for welfare health care.
Discussion
Our interpretation of section 14014 does not correspond with that of the trial court. As we read the statute it condemns the receipt of health
Respondent argues that although Dixon may have been financially eligible for welfare health care, she was not procedurally eligible for such care, because she failed to report relevant information to the county as required by state and county welfare regulations. The argument is that the false reporting creates the ineligibility. But a criminal statute cannot be amended by regulations. (Cf. People v. Samuel, 245 Cal.App.2d 210, 228 [53 Cal.Rptr. 887].) The Welfare and Institutions Code uses the words “entitlement” and “eligibility” and “qualification” interchangeably (see §§ 11151, 11482-11483, 11506, 12050, 12056, 12058, 12550-12551). Eligibility for health care is defined by sections 14005 to 14005.7, and these sections do not establish ineligibility based on an applicant’s failure to meet his reporting responsibilities. We think the target of section 14014 is the false receipt of health care and not the false report that may make the false receipt possible.
It is a reasonable inference from the evidence that Dixon and Easley were playing fast and loose with the welfare and public assistance laws. The evidence adduced might have justified Dixon’s conviction for perjury (§ 11054) or for false representations to obtain aid (§ 11482; People v. Gilbert, 1 Cal.3d 475, 480 [82 Cal.Rptr. 724, 462 P.2d 580];
Compton, J., and Beach, J., concurred.
Unless otherwise noted, statutory references are to Welfare and Institutions Code. Dollar amounts are given in rounded figures.