CAPI

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.)

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.)

Update about EBT card mass replacement with chip/tap card

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The California Department of Social Services (CDSS) issued an update about the replacement of current EBT cards with chip/tap cards.  This is an update to ACWDL June 6, 2022, summarized here.

Replacement of county administrative equipment was completed in Summer, 2024.  Mass replacement of all current EBT cards with chip/tap cards is expected to begin in early 2025.

The new cards will be mailed in three phases.  The first phase will be combined CalWORKs and CalFresh cases, GA, RCA, TCVAP, CAPI and LIHEAP.

SunBucks and Women, Infants and Children benefits will not be moved to the new chip/tap cards.

Counties must continue to order the current magnetic stripe cards and equipment to ensure that they remain fully stocked until chip/tap cards are deployed.

Prior to mass mailing of the chip/tap cards, counties will get a list of unhoused cardholders who have their mailing address listed as the county welfare department.  The list is intended to support triage for those clients.

During either the Semi-Annual Report or Recertification/Redetermination interview, county workers should tell cardholders to promptly activate their new cards.  One successful transaction with the new card will deactivate the old card.

Cardholders will have 180 days after issuance of the chip/tap card to activate it before the old card becomes unusable.  (ACWDL December 19, 2024.)

CAPI Cost of Living Increase

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Effective January 1, 2025, Cash Assistance Program for Immigrants benefits will increase by 2.5 percent.  This increase is because of the Social Security and SSI 2.5 percent cost of living adjustment (COLA) and the amount of CAPI benefits is linked to the amount of SSI benefits.

The COLA increase will also increase the presumed value of in-kind support and maintenance, the allowance for ineligible children in deeming situations, the sponsor’s allocation in sponsor deeming situations, and the allowance for parents in parent-to-child deeming situations.  (ACIN I-61-24, November 18, 2024.)

Use of CDSS interpreter services and confidentiality agreement form

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The California Department of Social Services (CDSS) has issued new guidance and instruction regarding county use of the CR 6181 Interpreter Services Statement and Confidentiality Agreement form.  The CR 6181 must be used when individuals with limited English proficiency use their own verbal interpreter, or when deaf and hard of hearing persons use their own sign language interpreter.

The CR 6181 informs people of the possibility of communication errors when they use their own interpreter.  It also informs that their interpreter may need to interpret sensitive and personal information, and the county cannot guarantee that the client provided interpreter will maintain confidentiality.  The CR 6181 does not replace the GEN 1365 Notice of Language Services form.  Counties must not compel, encourage, or require an applicant/recipient to use their own interpreter, or discourage use of a county provided interpreter.

After a county is informed that an applicant/recipient needs an interpreter, the county must offer free county-provided interpretation at each substantive client contact.  When an applicant/recipient decides to use their own interpreter after being offered a free interpreter, counties must use the CR 6181.  The CR 6181 is consent and a release of information which allows the applicant/recipient to use their own interpreter.

The county must not rely on the client-provided interpreter to help the individual understand or complete the CR 6181.  The county must use a county-provided interpreter for questions about the CR 6181 form.  A new CR 6181 form must be completed if the prior CR 6181 is more than one year old, or the applicant/recipient is using a different interpreter.  The county cannot use the applicant/recipient provided interpreter without a completed CR 6181.

For communication by telephone, counties must accept the CR 6181 by telephonic signature or another form of agreement.

Minors can only be used for interpretation temporarily and only until the county provides an interpreter.  Because use of a minor is temporary, a CR 6181 is not needed when a minor acts as an interpreter.

Counties must inform applicants/recipients of their right to free interpretation.  The county cannot conduct substantive, program related  (ACL 24-68, October 17, 2024.)

 

EBT card replacement with chip/tap cards

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The California Department of Social Services (CDSS) has provided information about the replacement of current magnetic stripe EBT cards with chip/tap cards.  The new cards will be for CalWORKs, CalFresh, General Assistance, Refugee Cash Assistance (RCA), Trafficking and Crime Victims Assistance Program (TCVAP), Entrant Cash Assistance (ECA), Cash Assistance Program for Immigrants (CAPI), and Low-Income Home Energy Assistance Program (LIHEAP).  County equipment will be replaced in May, 2024.  New cardstock will be delivered to counties in May, 2024

In Summer, 2024, new chip/tap cards will be mailed to anyone with an active case, that is anyone who has accessed benefits in the last nine months.  The new cards will be mailed in three phases.  The first phase will be combined CalWORKs and CalFresh cases, GA, RCA, TCVAP, CAPI and LIHEAP.  The second phase will be cash-only benefits cases.  The third phase will be CalFresh only cases.

The existing PIN will carry-over to the new chip/tap card.  Cardholders will need to enter the PIN for each transaction with the chip/tap card.

SunBucks and Women, Infants and Children benefits will not be moved to the new chip/tap cards.

Counties should tell cardholders to use their replacement cards as soon as they receive them.  A successful transaction with the new card will activate it.  Cardholders can also activate their new card using the EBT Edge application, or by contacting the EBT customer service center.  Cardholders will have approximately 45 days after they receive their new card before their old magnetic stripe card will be unusable.

CDSS will monitor activation data and do direct outreach to cardholders who receive their new card but do not activate it.

Counties should refer questions to the EBT customer service center.

Any remaining magnetic stripe cards will be deactivated approximately 60 days after mass replacement is completed.  Cardholders who do not receive a new card can ask for their chip/tap card through the EBT Customer Service or the county.

Some retailers may not have equipment to accept chip/tap cards.  In most of those cases, the EBT card will need fall back to a magnetic stripe or manual key-in transaction.

Cardholders who are unhoused can have their replacement cards mailed to the county welfare department.  County welfare departments will get a list of cardholders who use the county welfare department mailing address for triage.  (ACWDL, June 24, 2024.)

This letter is updated by ACWDL December 19, 2024, summarized here.