CAPI

End of CAPI COVID-19 procedures

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During COVID-19 counties could perform eligibility interviews electronically, and accept verbal attestation that the client applied for SSI.  Now that the COVID-19 State of Emergency is over, those procedures are no longer in effect.

Effective immediately, neither a face-to-face or virtual interview is required for CAPI if the application is signed and the county has verified all necessary information.  Counties can still require a face-to-face, phone, or virtual interview if they decide an interview is necessary.

Counties can no longer accept verbal attestation that a client has applied for SSI.  The CAPI applicant must provide either a denial letter or other communication from the Social Security Administration that their SSI application is denied because of immigration status, or verification that the applicant has filed a SSI application and it is pending a final determination.  (ACL 23-44, May 5, 2023.)

Treatment of Hospital and Skilling Nursing Facility retention pay for various programs

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Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay gives eligible full-time employees a one-time payment of up to $1,500, eligible part-time employees a one-time payment of up to $1,250, and eligible physicians a one-time payment of up to $1,000.

The Clinic Workforce Stabilization Retention Payment Program provides funds to eligible clinics make a one-time retention payment to eligible employees.

For CalWORKs and CalFresh, payments under each of these programs are non-recurring lump sums and are therefore not income.  These payments are considered property in the month of receipt.

These payments are not considered income for Refugee Cash Assistance, Entrant Cash Assistance, or Trafficking and Crime Victims Protection Act benefits.

For CAPI, these payments are not income and are excluded as a resource. (ACL 23-21, January 31, 2023.)

Eligibility of Cuban, Haitian, Nicaraguan, and Venezuelan parolees for federal and state benefits

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The California Department of Social Services (CDSS) has issued guidance regarding eligibility of Cuban, Haitian, Nicaraguan, and Venezuelan parolees for federal and state benefits.

Cuban, Haitian, Nicaraguan, and Venezuelan refugees and asylees are eligible for CalWORKs, CalFresh, SSI, Refugee Cash Assistance, and Refugee Support Services.  Asylum applicants are not eligible for federally funded benefits and services unless they hold another qualifying status.

Humanitarian parolees are generally not eligible for federal benefits.  Nicaraguan and Venezuelan parolees are not eligible for refugee benefits and services.  Cubans and Haitians who arrive in the United States under the supporter-based parole process are eligible for benefits to the same extent as refugees.

Temporary Protected Status holders are not eligible for most federal or state benefits or services.

For Refugee Cash Assistance, counties can accept a declaration under penalty of perjury that the individual has a qualifying immigration status if the worker is unable to confirm status after reviewing documents that suggest eligibility.  Refugee Cash Assistance applicants are not required to provide Social Security Numbers.

Cuban, Haitian, Nicaraguan, and Venezuelan parolees are eligible for CalWORKs because humanitarian parolees have Permanent Residence Under Color of Law.  As CalWORKs recipients, they are eligible for Welfare-To-Work services, Family Stabilization, domestic abuse survivor services, Housing Support Program, Homeless Assistance, Bringing Families Home, Housing and Disability Advocacy Program, and Home Safe.  Housing Support Program and Homeless Assistance can supplement federal refugee resettlement funding.

Cuban, Haitian, Nicaraguan, and Venezuelan parolees are eligible for Cash Assistance Program for Immigrants.

Cuban, Haitian, Nicaraguan, and Venezuelan parolees may be eligible for CalFresh or the California Food Assistance Program if they have been paroled into the United States for at least one year.

Cuban, Haitian, Nicaraguan, and Venezuelan parolees may be eligible for Medi-Cal.

Counties must submit cases to the SAVE system for verification.

Cuban, Haitian, Nicaraguan, and Venezuelan parolees can present a copy of their electronic Form I-94.  Additional verification may be required in limited circumstances, such as when information from the applicant does not match federal immigration records. (ACIN I-13-22, April 20, 2023.)

 

Requirements for truncating Social Security Numbers

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The California Department of Social Services (CDSS) has issued guidance regarding AB 499 (2020) that requires mailings from state agencies, which includes counties operating state and federal programs on behalf of CDSS, to only include the last four digits of a Social Security Number in outgoing mail.

Effective January 1, 2023, with limited exceptions, state agencies must only include the last four digits of a Social Security Number in outgoing mail.  Computer systems must make changes to implement this requirement.  County processes must be revised to meet this requirement.  Computer systems that must make changes to comply include, but are not limited to, CalSAWS and BenefitsCal, CMIPS, ACMS, EBT, Child Welfare Services/Case Management System, Child Welfare Services CARES, and County Expense Claim Reporting Information System.

If a system is unable to make necessary changes in a reasonable timeframe, the system must implement a workaround to redact or truncate all Social Security Numbers in outgoing mail.

Counties should report any mailings that violate this requirement to CDSS using the breach and incident process.  (ACL 23-17, January 31, 2023.)

CAPI Cost of Living Increase

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The Cash Assistance Program for Immigrants (CAPI) payment standard will increase by 8.7% effective January 1, 2023.  This increase is because the SSI/SSP payment standard will increase by 8.7%.

According to the Welfare and Institutions Code (WIC) §18941, CAPI payment standards are equivalent to SSI/SSP. Accordingly, an increase in cost-of-living adjustment (COLA) standards will lead to an increase in CAPI and SSI / SSP standards. The federal SSI COLA plan will also affect eligibility for the program.

Presumed maximum value (PMV) for in-kind and maintenance will change accordingly from $300.33 to $324.66 for a person and from $440.33 to $477.00 for a couple.

Allowance for ineligible children in deeming situations will change from $420.00 to $457.00. This allowance is used when a CAPI case includes deemed income from an ineligible spouse with a child(ren), or when a CAPI case includes deemed income from an ineligible parent(s) to a child.

Sponsor’s allocation in sponsor deeming situation will increase from $841.00 to $914.00. This allocation is used in a case involving deemed income from a sponsor.

Allowance for parent(s) in parent-to-child deeming situations will increase from $841.00 to $914.00 for one parent and from $1,261.00 to $1,371.00 for two parents. The allowance is used when a CAPI case includes deemed income from an ineligible parent(s).  (ACIN I-71-22, November 8, 2022.)

Treatment of CAPP payments for various programs

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The California Department of Social Services (CDSS) has issued guidance to County Welfare Departments (CWDs) regarding treatment of California Arrearages Payment Program (CAPP) payments issued to California assistance program applicants and recipients to help pay eligible past due energy bills that increased during the COVID-19 pandemic

CAPP payments do not count as income when determining eligibility and/or grant amount for the CalWORKs program and do not count against the resource limit for the 12 months after receipt of payment. Furthermore, CAPP authorized payments are not considered in-kind income for CalWORKs recipients.

For both CalFresh and the California Food Assistance Program (CFAP), CAPP payments are considered third-party payments that are not owed to the household and therefore are not counted income. CAPP payments are not considered resources for CalFresh and CFAP.

For Modified Adjusted Gross Income (MAGI) Medi-Cal, CAPP payments are treated as a qualified disaster relief payment similar to other disaster payments that the IRS exempts from gross income. This means that CAPP payments are not counted in the MAGI Medi-Cal eligibility determination. For Non-MAGI Medi-Cal, CAPP payments are considered exempt disaster and emergency assistance and do not count as income or a resource.

CAPP payments do not count as income for the Cash Assistance Programs for Immigrants (CAPI), because they are considered to be a tax refund. CAPP payments do not count as a resource for CAPI for the 12 months after the payment is made.

RCA, ECA, and TCVAP programs do not count CAPP payments as income and do not count as a resource limit for 12 months after receipt of the payment because their programs use the same rules as CalWORKs. (ACL 22-83, October 21, 2022.)