Author: Stephen Goldberg

CAPI changes to in-kind support and maintenance, and overpayment recovery changes

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The California Department of Social Services (CDSS) has informed counties of several changes to the Cash Assistance Program for Immigrants.  These changes are because of changes in federal Supplemental Security Income policies that the CAPI program follows.

Effective October 1, 2024, CAPI recipients who live with at least one other household member who receives one or more Public Income Maintenance Payments are not subject to the in-kind support and maintenance deduction for shelter assistance received from anyone inside the household.  The in-kind support and maintenance deduction is a reduction in benefits because of non-cash assistance the CAPI recipient receives.  The in-kind support and maintenance deduction still applies to shelter assistance received from outside the household.

Food is no longer counted as in-kind support and maintenance.  Only shelter can be considered in-kind support and maintenance.

Counties must evaluate all CAPI cases at least once on the 12-month period after October 1, 2024.  Counties must determine whether there is an underpayment of benefits because of this change at that evaluation.

Counties must exclude any Public Income Maintenance payments from any income from a spouse who is ineligible for CAPI or SSI that is counted in determining the amount of CAPI benefits.

Repayment plans for CAPI overpayments can now be up to 60 months.  Counties must continue to try to negotiate a recovery rate that will repay the overpayment within 12 months, counties may approve repayment agreements up to 60 months when requested.   (ACL 24-93, December 20, 2024.)

IHSS qualified medical providers

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In-Home Supportive Services (IHSS) applicants/recipients must obtain a certification from a licensed healthcare provider affirming the inability to perform activities of daily living (ADLs) without assistance. Personal care services are provided to applicants/recipients who have a chronic, disabling condition that causes functional impairment that is expected to last at least 12 consecutive months, or that is likely to result in death within 12 months and who are unable to remain safely at home without services.

Qualifying Licensed Health Care Professionals (LHCPs) are defined as individuals who provide treatment or diagnosis for physical or mental conditions contributing to physical limitations. Qualifying LHCPs include, but are not limited to, physicians, physician assistants, regional center clinicians or clinician supervisors, occupational therapists, physical therapists, psychiatrists, psychologists, optometrists, ophthalmologists, or public health nurses.

The condition for which the SOC 873 certification form is completed must fall within the LHCP’s licensed scope of practice. For example, only an optometrist can sign off on an SOC 873 that claims IHSS benefits for vision related issues.

Nurse practitioners (NPs) are now officially recognized as authorized signatories for the SOC 873 form. California’s Department of Social Services (CDSS) determined that NPs are permitted to complete the form even without certification authorized under AB 890 because their existing scope of practice included diagnosing and treating physical and mental conditions that qualify recipients for IHSS. However, Registered Nurses (RNs) remain ineligible due to their limited authority to diagnose or prescribe treatment in California.

Counties must verify that all sections of SOC 873 are complete. If information is missing but otherwise verifiable, counties may accept the form without delay and contact the appropriate health care professional. If the LHCP responds no to the disabling condition question on the SOC 873 form and the county disagrees with the assessment, counties are encouraged to contact the LHCP and clarify their diagnosis.

County officials may now accept modified SOC 873 forms submitted through electronic medical record systems. Examples include discharge papers and other medical documentation that can substantiate a recipient’s need for the IHSS program.

However, modifications to SOC 821 (Protective Supervision Assessment) and SOC 321 (Paramedical Services Request) are prohibited. Original state-sanctioned versions must be used. County welfare departments (CWDs) must assist applicants/recipients in submitting original SOC 821 and SOC 321 forms as soon as possible.

Providers cannot charge applicants for completing forms affirming eligibility for public benefits like IHSS. If this practice is reported, the county must inform applicants of their rights and prevent illegal charges.  (ACL 24-89, November 26, 2024.)

CalFresh Minimum Nutrition Benefits pilot

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The CalFresh Minimum Nutrition Pilot (MNP) will provide 12 months of state funded food assistance to eligible households receiving less than sixty dollars ($60) from CalFresh or California Food Assistance Program (CFAP). Eligible households will receive no less than sixty dollars when the MNP benefit is combined with either CalFresh or CFAP.  The implementation will occur when  automation is complete in the California Statewide Automated Welfare System. When MNB starts, it will be subject to available funding. Households that are eligible for this program are:

  • Meeting the Elderly Simplified Application Project,
  • Receiving monthly food benefits of less than sixty dollars, and
  • Having two or more CalFresh eligible members in the household.

To participate in the MNB program, households must be already receiving CalFresh or have a pending application approved with a set beginning date of aid on or before the MNB start date. Households getting less than sixty dollars due to repaying a CalFresh overissuance will be eligible for MNB and the overissuance reduction will be deducted from their final benefit amount. Households that are not eligible for MNB are:

  • Households that apply to CalFresh after the MNB start date,
  • If the household receives more than sixty dollars of benefits, but that amount is reduced to less than sixty dollars because of grant adjustment to recoup an overissuance,
  • Households in the Supplemental Nutrition Benefit program.

Once a household is eligible for MNB, they will have it for 12 months after the start date unless they lose access for any of these reasons: household is no longer eligible for CalFresh, household no longer has at least 2 CalFresh eligible members, and if they no longer qualify for ESAP. If the household has a CalFresh allotment of over $60, but that allotment is reduced because of overissuance recoupment, the households will not be eligible for MNB because full benefits from CalFresh have been put at $60.

Households that lose eligibility will lose the benefit in the next month following a timely notice. Households that lose eligibility for MNB but get it back without a break in aid they will be able to continue with the program. However, if they are discontinued from CalFresh and there is a break in aid before they can re-apply, they will not be able regain access to MNB. If the county determines that a household is eligible for more than sixty dollars through CalFresh, they will be ineligible for the MNB program and the county will correct the amount of CalFresh benefits they receive while removing them from the MNB program.

Counties may not use MNB benefits to repay CalFresh overissuance. If the county finds an error in CalFresh calculations, or there is an error in the MNB program, the county will have to re-calculate and determine the MNB amount. Any MNB errors must be corrected no later than June 30, 2026.

MNB benefits will be automatically transferred into the person’s EBT card. The person can use the funds in the same way as CalFresh and CFAP, including restaurant meal plan and market match. The county will provide forms for when a person is approved for MNB that are required to be filled out. The county will also provide a notice if services are discontinued from MNB. If there is a request for hearing, MNB benefits will not continue until there is a decision in the hearing.  (ACL 25-01, January 8, 2025.)

CAPI requirement to apply for SSI

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To be eligible for the Cash Assistance Program for Immigrants (CAPI), an individual must be ineligible for Supplemental Security Income (SSI) solely because of their immigration status.  To remain eligible for CAPI, the recipient’s eligibility for SSI must be redetermined every 12 months.

Noncitizens who meet the definition of “qualified alien” for SSI must be referred to the Social Security Administration to apply for SSI annually.  As of March 9, 2024, “qualified alien” includes citizens of the Compact of Free Association states.  This also includes victims of human trafficking who have received a certification letter from the federal Office of Refugee Resettlement.

When the county determines that a CAPI applicant or recipient is not a “qualified alien” they must not be referred to the Social Security Administration to apply for SSI.  This includes U Visa applicants or holders, asylum seekers, or another PRUCOL status.  Counties must investigate a CAPI applicant or recipient’s immigration status prior to referring them to apply for SSI.

A CAPI applicant or recipient who does not apply for SSI within 30 days of being told to do so by the county is not eligible for CAPI unless they have good cause for not applying for SSI.  In this circumstance, counties must complete the SSI application with the Social Security Administration, if possible, or must otherwise initiate the SSI application process.

The California Department of Social Services states several ways that CAPI applicants or recipients can verify that they have are ineligible for SSI or have applied for SSI.

When a CAPI recipient naturalizes, they are no longer eligible for CAPI.  However, CAPI can conditionally continue for recipients who naturalize while receiving benefits, as long as they remain otherwise eligible, request conditional benefits, apply for SSI, and cooperate with the Social Security Administration.  (ACIN I-13-25, March 18, 2025.)

Social Security restarting debt collection by Treasury Offset Program

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Effective immediately, the Social Security Administration (SSA) has restarted debt collecting using the Treasury Offset Program (TOP) for debts that accrued before March, 2020.  TOP is operated by the Department of the Treasury.  It intercepts federal payments to pay federal debts, including debts owed to the Social Security Administration.  TOP was suspended because of COVID-19.

The Social Security Administrative estimates that 280,000 people will be subject to collection through TOP.  (Social Security Matters, March 20, 2025.)

Posted in SSI

Social Security identity verification

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Effective March 31, 2025, the Social Security Administration (SSA) will require identity verification either online or in person.  Individuals will be able to verify their identity in ther mySocialSecurity account.  Individuals who are unable to do that will need to verify their identity in person at a Social Security office.

People who cannot start their claims online will be able to start their claims by telephone, but the claim will not be completed until the person does in person identity verification.

Social Security will also complete changes to direct deposit in one day.  (Social Security Matters, March 18, 2025.)

UPDATE:

The effective date of the identity verification requirement is now April 14, 2025.  Medicare, Social Security Disability and Supplemental Security Income will be exempt from the in-person identity verification requirement.  Individuals applying for those programs who cannot use a personal mySocialSecurity account will be able to complete their applications by telephone without needing to come to an office in person.

Individuals applying for retirement, survivors or auxiliary benefits who cannot use mySocialSecurity to verify their identity will need to come to an office in person.  Social Security will not enforce this requirement in extreme dire-need situation such as terminal illness or prisoner pre-release.

Individuals who do not or cannot use mySocialSecurity to change their direct deposit information will need to come to a Social Security office in person to process that change.  (Social Security Press Release, March 26, 2025.)

 

 

Posted in SSI