CDSS has provided clarification about the process for renewal of an indigence exception in the Cash Assistance Program for Immigrants (CAPI) program. For CAPI, if an immigrant’s sponsor has signed the New Affidavit of Support (I-864 form), the sponsor’s income and resources are deemed to the immigrant for 10 years (extended CAPI cases). If the sponsor becomes disabled, deeming continues indefinitely (basic CAPI cases). Counties determine the sponsor’s income and resources using the SOC 860 form. Sponsor deeming can be suspended under the indigence exception. When the immigrant is no longer being provided with support by their sponsor, and as a result the immigrant is no longer able to provide themselves with food and shelter, the immigrant may be eligible for the indigence exception to sponsor deeming.
The indigence exception applies 12 months after it is granted. After 12 months, the application for the indigence exception must be completely redone. CDSS recommends that the CAPI redetermination process begin no later than 10 months after the previous redetermination to have enough time to receive the redetermination paperwork.
For renewal of the indigence exception, the recipient must complete the SOC 809 CAPI Indigence Exception Statement. The sponsor must complete the SOC 860 form. The county must then complete the SOC 813 CAPI Indigence Exception Determination form.
The SOC 860 sponsor income and resources form must be redone at each annual redetermination, regardless of whether the recipient requests the indigence exception unless the sponsor’s whereabouts are unknown. The form is sent to the sponsor and the recipient. If it is not returned, CAPI is suspended and benefits stopped. (ACL 17-33, summarized here.)[1]
The initial clarification incorrectly stated that counties could redetermine the indigence exception if the county becomes aware of a change in circumstances. In fact, the CAPI indigence exception applies for a full 12 month period. CDSS issued an errata correcting this error. (ACL 17-70, July 21, 2017 and ACL 17-70E, December 21, 2017.)
[1] Two lawsuits have been filed challenging the policy in ACL 17-33 to suspend CAPI benefits if the sponsor does not return the SOC 860 form.