49-010 Eligibility for CAPI

.Purpose

Policy

Background

Release Date:

November 29, 2023

Definitions

Requirements

Verification Docs

CAPI

49-010 Eligibility for Cash Assistance Program for Immigrants

Purpose

( ) To release a new policy

( ) To release a new form

( ) To convert existing policy to new writing style only – No concept changes

(X) Revision of existing policy and/or form(s)

What Changed?

This revised release includes:

1. Additional immigration status information;

2. The addition of reference links to the 49-020 Immigration Status – Qualified Alien and 49-020_1 Immigration Status – PRUCOL chapters for more information;

3. The replacement of LEADER Replacement System (LRS) with California Statewide Automated Welfare System (CalSAWS); and

4. Replacement of Electronic Document Management System (EDMS) with CalSAWS Imaging Solution (CIS).

Note: Changes are shown highlighted in grey throughout the document.

Policy

To be eligible for Cash Assistance Program for Immigrants (CAPI), an applicant must meet all of the following eligibility requirements:

Must either be:

a)   A non-citizen and meet the immigration status requirements in effect for Supplemental Security Income/State Supplementary Payment (SSI/SSP) on August 21, 1996, which states that a person either be:

                                          i.    A Qualified Alien (Refer to 49-020 Immigration Status – Qualified Alien); or

                                         ii.    Permanently Residing Under Color of Law (PRUCOL). (Refer to 49-020_1 Immigration Status - PRUCOL)

OR

b)   A victim of human trafficking, domestic violence or other serious crimes as defined in Welfare and Institutions Code §18945.
Must be:

a) Age 65 years or older; or

b) Considered blind/disabled by the State Disability Determination Services Division (DDSD) or Social Security Administration (SSA);
Income must be less than the amount of the applicable CAPI benefits;
Resources must not exceed $2,000 for one person and $3,000 for a couple;
Must apply for other benefits they may be eligible to receive including, but not limited to SSI/SSP, Title II Social Security, Veterans' benefits, disability benefits, Worker’s or unemployment compensation, or any other private pensions. Failure to file for other benefits may result in ineligibility for CAPI;
Must provide information about their living arrangements to determine the CAPI benefits amount applicable to their case; and
Must be a California resident and intend to stay in California.

Conditional CAPI Benefits after Naturalization

As stated in Senate Bill 84, pending the SSA’s SSI/SSP eligibility determination, a CAPI participant who was naturalized or becomes a United States (U.S.) citizen while receiving CAPI benefits may be eligible to continuously receive CAPI benefits if they meet the eligibility requirements.

Background

CAPI is a 100% state-funded program designed to provide monthly cash benefits to aged, blind, and disabled non-citizens who are ineligible for SSI/SSP solely due to their immigration status.

The Welfare Reform Act of 1996 (P.L. 104-193) eliminated SSI/SSP eligibility for most non-citizens. As a result, most immigrants who were not receiving SSI/SSP in August 1996 are no longer eligible for SSI/SSP. The amount of CAPI benefits is equivalent to the amount of SSI/SSP benefits, minus $10.00 per person and $20.00 per couple per month. Effective June 1, 2019, Assembly Bill 1811 augments the grant amount for the CAPI benefits making them equivalent to the SSI/SSP grant amount.

A CAPI applicant/participant may be eligible for Medi-Cal and In-Home Supportive Services, but they must apply for each benefit separately. There is no automatic eligibility link between CAPI and these other programs.

Definitions

Term	Description
I-864, Affidavit of Support (New)	Refers to the United States Citizenship and Immigration Services (USCIS) Form I-864, Affidavit of Support, Under Section 213A of the Immigration and Nationality Act (INA), which is completed and signed by the sponsor. Under Section 213A of the INA, the new affidavit is a legally enforceable contract between the sponsor and the federal government, for the benefit of the sponsored immigrant and of any federal, state, or local government agency or entity that provides the sponsored immigrant with any means-tested public benefit. Note: The new affidavit is required for all applications for immigrant visas or for adjustment of status filed on or after December 19,1997.
I-134, Affidavit of Support (Obsolete)	Refers to USCIS Form I-134, Affidavit of Support, that was signed before the formulation and implementation of the new version of the affidavit, Form I-864.
Basic CAPI	Refers to the original eligibility component of CAPI, for which the earliest possible payment date was December 1, 1998. A non-citizen is potentially eligible for basic CAPI if they: 1) Entered the U.S. prior to August 22, 1996; or 2) Entered the U.S. on or after August 22, 1996, and: a. Have a sponsor who is deceased or disabled; or b. A victim of abuse by the sponsor or the sponsor’s spouse.
Conditional CAPI	A continuation of CAPI benefits, pending SSA determination of SSI/SSP eligibility, for CAPI participants who become naturalized U.S. citizens.
Eligible Couple	An eligible individual and their eligible spouse. Note: Each individual in a couple case must complete and sign their own application. (Refer to 49-055.4 Couple Cases)
Eligible Individual	An aged, blind, or disabled individual who meets all the requirements for CAPI eligibility.
Eligible Spouse	An aged, blind, or disabled individual who meets all CAPI eligibility requirements (including filing an application) and is the spouse of another aged, blind, or disabled individual and who is living with that individual. For purposes of calculating the CAPI benefit, a spouse who is receiving SSI/SSP will also be considered an eligible spouse.
Extended CAPI	Refers to the more recent eligibility component of CAPI, for which the earliest possible payment date was October 1, 1999. A non-citizen is potentially eligible for extended CAPI if they entered the U.S. on or after August 22, 1996, and meets one of the following criteria: 1) Does not have a sponsor; 2) Has a sponsor who is NOT deceased or disabled; or 3) Has a sponsor and is NOT a victim of abuse by the sponsor or the sponsor’s spouse. Note: The sponsor-deeming rule is applicable for ten years from the date the sponsor signed the Affidavit of Support.
Fleeing Felon	A person who flees to avoid persecution, or custody or confinement after conviction for a crime under the laws of the place from which the person flees.
Household	A personal place of residence in which the individual(s) share common living quarters and functions as a single economic unit. Note: The members of a household do not need to be related by blood or marriage, but must live together in a single dwelling and function as an economic unit. A person who is temporarily absent from a household is still a member of the household.
Household Operating Expenses	The household’s total monthly expenditures for food, rent, mortgage, property insurance required by the mortgage holder, property taxes, heating fuel, gas, electricity, water, sewer, and garbage collection service. Household expenses must be added on the SOC 453, Cash Assistance Program for Immigrants (CAPI) Statement of Household Expenses and Contributions. Note: Expenditures paid for by someone outside the household are not included.
Immigrant/ Non-Citizen	An individual who is not a U.S. citizen.
Ineligible Parent	A natural or adoptive parent or the parent’s spouse who is not eligible for CAPI or SSI/SSP and lives with a minor child who is the CAPI applicant/participant.
Ineligible Spouse	Someone living with the applicant/participant as a spouse who is not eligible for CAPI or SSI/SSP. An otherwise eligible spouse who does not apply for CAPI or SSI/SSP is considered an ineligible spouse.
Medical Treatment Facility	An institution or part of an institution that is licensed or approved by a federal, state, or local government to provide inpatient medical care services.
Naturalized Citizen	A person, born a foreign citizen or national, who has lawfully become a citizen of the U.S. under the U.S. Constitution and laws.
Parole Violator	A person who violates a condition of probation or parole imposed under federal or state law.
Participant	An individual who has an approved CAPI case.
Presumed Maximum Value (PMV)	The maximum value that can be attributed to In-Kind Support and Maintenance (ISM) received by the applicant/participant for purposes of determining the countable income. The value of the PMV is equal to one-third of the federal SSI benefit plus $20.
Pro Rata Share	The average monthly household operating expenses (based on reasonable estimate if exact figures are not available) divided by the number of people in the household, regardless of age.
PRUCOL	Non-citizens residing in the U.S. whom USCIS knows are in the U.S. and is not taking steps to deport or remove them from the U.S. (Refer to 49-020_1 Immigration Status - PRUCOL)
Public Institution	An institution that is operated or controlled by the federal government, a State, or a political subdivision of a State, such as a city or county. Note: This excludes a publicly operated community residence which serves 16 or fewer residents. The most common examples of public institutions are jails, prisons, and Veterans Affairs (VA) hospitals.
Qualified Alien	An immigrant who is: a. A Lawful Permanent Resident; b. Granted Cuban/Haitian entrant status; c. A refugee; d. An asylee; e. Deportation/removal is being withheld; f. Paroled into the U.S. for a period of at least one year; g. A conditional entrant admitted to the U.S.; or h. A battered person, child of a battered spouse, or parent of a battered child with a petition pending. (Refer to 49-020 Immigration Status – Qualified Alien)
Sponsor	A person who has executed an Affidavit of Support agreeing to support an immigrant as a condition of the immigrant’s admission for permanent residence in the U.S.
Sponsor-Deeming Rule	Considering the income and resources of the sponsor in determining the immigrant’s eligibility for a government benefit program, such as CAPI.
Sponsored Immigrant	A person on whose behalf a sponsor has executed an Affidavit of Support.
Spouse	The definition of a married couple follows California Law which includes same-sex marriages. A spouse is defined under any of the following conditions: Legally married under the laws of California, or the state where the applicant/participant had their permanent residence while living together; Either member of the couple is entitled to the other member’s Social Security benefits as the spouse of the other; or The applicant/participant resides with an unrelated person of the opposite or same sex in the same household and both lead people to believe that they are spouses.
SSI/SSP	Refers to the federal (SSI) and state (SSP) funded program that provides cash assistance to aged, blind, and disabled residents of California. The SSA office administers SSI/SSP.
Substantial Gainful Activity (SGA)	Work activity that involves doing significant physical or mental activities, or a combination of both, for pay or profit. Average earnings of more than $1,470 per month ordinarily indicate an applicant/participant is engaged in SGA.
Suspension	A stoppage of CAPI benefits that is always effective the first day of a month when an individual no longer meets all eligibility requirements.
Termination	Occurs when benefits have been suspended for 12 consecutive months and cannot be reinstated without filing a new application.

Requirements

The case record for an individual eligible to CAPI must include the following:

1. The SOC 814, Statement of Facts Cash Assistance Program for Immigrants (CAPI) form, dated and signed by the CAPI applicant or their Authorized Representative under penalty of perjury;

2. Eligibility verification information, such as application documents, results from the Systematic Alien Verification for Entitlements (SAVE) program, or DDSD, used by the county worker to establish age, blindness, disability, and qualified alien status;

3. Income and residency information, such as rental agreement or bank statement, regarding the applicant’s/participant’s property, income, and living arrangements used by the CAPI staff in determining CAPI eligibility;

4. Verification of the information (age, blindness, disability, qualified alien status, property, and living arrangements) listed above under the eligibility guidelines established by the SSA for its administration of the SSI/SSP program. The CAPI staff may verify other information, as necessary, to ensure a correct eligibility determination;

5. The computation of the CAPI benefits amount; and

6. Documentation of all contact made with the applicant/participant or any other individual or organization in regard to the applicant’s/participant’s case by adding a Journal entry on CalSAWS.

Immigrant Status Requirements

There are two different types of CAPI eligibility, depending on when the applicant/participant entered the U.S.:

Entered U.S. before August 22, 1996 - Basic CAPI, but not extended CAPI.
Entered U.S. on or after August 22, 1996:

a. Basic CAPI – If they are sponsored and one of the following applies:

i. Their sponsor died;

ii. Their sponsor is disabled; or

iii. They are a victim of abuse by their sponsor or sponsor’s spouse.

b. Extended CAPI - if they are a qualified non-citizen or PRUCOL or a victim of human trafficking, domestic violence or other serious crimes defined in WIC Sec. 18945.

Residency for CAPI Purposes

An applicant who is a California resident and intends to remain in California meets the CAPI residency requirement, except:

If…	Then…
They leave California and decide to stop living in California	They are not eligible to receive CAPI and no longer considered a California resident.
They do not live in California for more than 90 calendar days	They are not eligible to receive CAPI and is considered to have stopped living in California, unless contrary evidence is provided.
They leave the U.S. for an entire calendar month	They do not regain CAPI eligibility until they have been back in the U.S. for at least 30 consecutive days.
They reside in a public institution for an entire calendar month	They are not eligible to receive CAPI only if the public institution is operated by a county, city, state, or federal government. Note: Residence in a private hospital or nursing facility generally does not disqualify an applicant/ participant for CAPI.
They reside in a medical treatment facility	I. They may be eligible to receive a CAPI benefit amount that is limited to the Title XIX Medical Facility rate, if: a) A resident through the entire month in a public or private medical treatment facility; and b) Medi-Cal pays or is expected to pay over 50% of the cost of care for that month; or c) For children under age 18, Medi-Cal and/or any health insurance policies issued by a private provider pays or are expected to pay 50% of the cost of care for that month.
They reside in a medical treatment facility	II. They may be eligible to receive a full CAPI benefit during the first three months of institutionalization, if all the following conditions are met: a) The applicant/participant must have been eligible for a CAPI benefit in the month prior to entering a facility; b) The facility must be a public institution. The primary purpose must be the provision of medical or psychiatric care, or a public or private Medi-Cal certified medical treatment facility; c) The applicant/participant must continuously reside through the entire affected month; d) A physician must certify they expect the applicant/participant to be medically confined for 90 full consecutive days or less; and e) The applicant/participant (or someone on their behalf) must demonstrate the participant needs to pay some or all expenses for maintaining the home or living arrangement that they may return to upon release from the medical treatment facility.

Once approved, a participant’s eligibility must be redetermined within 12 months of their initial benefit payment date and within each succeeding 12-month period. (Refer to 49-070 Redetermination)

Conditional Benefits After Naturalization

A CAPI participant who was naturalized while receiving CAPI benefits is:

Eligible for Conditional CAPI Benefits

Ineligible for Conditional CAPI Benefits

If they meet all the following requirements:

a) Remain eligible for CAPI benefits;

b) Request conditional benefits by completing the SOC 830, Request for Conditional CAPI After Naturalization Pending SSI/SSP Eligibility Determination form;

c) Apply for SSI/SSP in a timely manner (filing within 30 calendar days of signing the SOC 830 form); and

d) Fully cooperate in the application and appeal process of the SSA office.

If they:

a) Lose their CAPI eligibility for any reason other than naturalization, regardless of the status of their SSI/SSP application;

b) Fail to successfully complete the SSI/SSP application and/or appeal process; or

c) Become eligible for SSI/SSP benefits.

Verification Documents

CAPI applicants must provide the following verifications in addition to completing the documents required for their CAPI application, if applicable:

Type	Acceptable Documents
Identity Documents	Driver’s license or other government issued photo identification e.g., State Identification (ID) card, passport, matricula card, or U. S. Citizenship Immigration Services documents. Note: Expired Lawful Permanent Resident (LPR) cards can be accepted if the eligibility staff can verify the applicant/ participant has current lawful permanent resident status via a SAVE query. (Reference Medi-Cal Program (MCP) 18-15 Errata, Desk Guide – Systematic Alien Verification for Entitlement (SAVE))
Immigration Documents	Resident Alien Card or other residency/immigration documents with evidence of applicant’s/participant’s current legal immigration status. (Refer to 49-020 Immigration Status – Qualified Alien)
Proof of Age	Applicant’s/participant’s passport, birth certificate, U.S. Citizenship and Immigration Services documents, SSI or Title II Social Security forms, Medi-Cal, or other records (including baptismal or other religious certificate) indicating that the applicant is at least 65 years of age.
Proof of California Residency	Driver’s license, State ID card, or current letter mailed to applicant’s/participant’s address.
Proof of Expenses	Rental Agreement, housing and utility costs such as rent receipts or utility bills showing the applicant’s/participant’s name and amount due, and all other relevant documentations.
Proof of Income and Resources	Current pay stubs showing gross monthly income and dates received, copy of last year’s federal income tax return, copies of award letters, all current bank statements, unemployment insurance, Social Security, worker’s compensation, VA income checks, disability insurance, copy of loan papers (with the name of CAPI applicant/participant receiving the loan, the amount and current balance), child support and/or spousal support award letter, property statements, vehicle registrations, life and/or burial issuance policies, life estate agreement, and all other relevant documentations.
Proof of SSI Ineligibility	Denial letter from SSA issued within the last six months. Note: Not needed for non-qualified aliens.
Sponsor Verifications	Pay stubs, bank statements, tax records, rent receipts, proof of property ownership, and all relevant documentations from all sponsors.

Note: Verifications must be imaged into CalSAWS Imaging Solution (CIS).