49-030 Ineligibility for SSI-SSP

.Purpose

Policy

Background

Release Date:

October 21, 2019

Definitions

Requirements

Verification Docs

CAPI

49-030 Ineligibility for SSI or SSP

Purpose

(X) To release a new policy

( ) To release a new form

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

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

Policy

To be eligible for Cash Assistance Program for Immigrants (CAPI), an applicant/participant must meet all CAPI requirements (refer to 49-010: Eligibility for CAPI). One of the CAPI requirements is the CAPI applicant’s/participant’s ineligibility for Supplemental Security Income/State Supplementary Payment (SSI/SSP) solely due to his/her immigration status.

The SSI/SSP ineligibility requirement must be verified by one of the following:

1. A formal denial letter from Social Security Administration (SSA) issued within the past six months of the CAPI application/redetermination showing that the applicant/participant is ineligible for SSI/SSP solely due to his/her immigration status;

2. An informal denial letter (L-991), or other verification from SSA issued within the past six months of the CAPI application/redetermination showing that the applicant/participant is ineligible for SSI/SSP solely due to his/her immigration status;

3. Verification that an SSI/SSP application has been filed, and pending SSA’s final determination (this includes pending appeals related to the CAPI applicant’s/participant’s disability or immigration status); or

4. A worker’s determination that the CAPI applicant/participant is not a Qualified Alien (refer to 49-020: Immigration Status) or his/her immigration status is one of the Permanently Residing Under Color of Law (PRUCOL) categories for CAPI purposes (refer to 49-020_1: PRUCOL).

The California Department of Social Services (CDSS) requires that each CAPI participant’s ineligibility for SSI/SSP must be re-determined at the annual redetermination process (refer to 49-070: Redeterminations).

Background

As stated in All County Letter (ACL) No. 98-82, Cash Assistance Program for Immigrants (CAPI), dated October 16, 1998, a CAPI applicant/participant must be ineligible for SSI/SSP based solely on his/her immigration status. Since the SSI/SSP immigration status rules are complex, and may change over time, a CAPI applicant/participant must provide verification from the SSA that he/she is ineligible for SSI/SSP solely due to his/her immigration status. Any CAPI applicant/participant who fails to file or appeal an SSI/SSP application, following a worker’s referral, is ineligible for CAPI and his/her CAPI benefits should be denied or suspended/stopped.

Definitions

Term	Description
Immigration Status	Refers to an individual’s legal position with regard to his/her presence in the United States (U.S.). “In status” means that an individual has a legal right to be present in the U.S. under existing law, and “out of status’ means that an individual does not currently have a legal right to be present in the U.S.
PRUCOL	Means persons who are Permanently Residing Under Color of Law and refers to non-citizens residing in the U.S. with the knowledge and permission of the U.S. Citizenship and Immigration Services (USCIS), and the USCIS does not contemplate enforcing their departure. For CAPI purposes, PRUCOL refers to the specific non-citizen categories listed in 20 CFR. 416.1618 unless the category is also listed in the definition of Qualified Alien listed below (refer to 49-020_1: PRUCOL).
Qualified Alien	Means non-citizens who meet the definition of Qualified Alien as described in Section 431 of Public Law 104-193, as amended (refer to 49-020: Immigration Status).
SSI/SSP	Refers to federal (SSI) and State (SSP) funded program that provides cash assistance to aged, blind, and disabled residents of California. The SSA manages SSI/SSP for the State of California.

Requirements

1. A CAPI applicant/participant with a “qualified alien” immigration status (refer to 49-020: Immigration Status) or his/her immigration status is not one of the PRUCOL groups for CAPI purposes (refer to 49-020_1: PRUCOL) or whom the worker believes is eligible for SSI/SSP must apply/reapply for SSI/SSP.

2. A CAPI applicant/participant who has been referred by his/her worker to SSA must provide the worker with verification that he/she applied/re-applied for SSI/SSP. If the CAPI applicant/participant fails to do so within 30 calendar days, he/she will not be eligible to receive/continue to receive CAPI benefits unless the worker verifies that he/she had good reason (example: hospitalization) for not filing within the 30-calendar day period.

3. A CAPI applicant/participant is ineligible for CAPI if he/she is:

a. Eligible for SSI/SSP; or

b. Ineligible for SSI/SSP for a reason other than immigration status alone (example: CAPI applicant/participant exceeds the income limit or under 65 years old and SSA verified that individual is not disabled).

Verification

Documents

Category	Acceptable Documents
SSI/SSP Ineligibility	A formal denial letter from SSA.
	An informal denial letter, or other verification from SSA.
	Verification that an SSI/SSP application is currently pending, which includes a pending appeal related to the CAPI applicant’s/participant’s disability or immigration status.