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.)

The California Department of Social Services (CDSS) has issued guidance regarding electronic signatures for the Cash Assistance Program for Immigrants (CAPI).  Counties that have electronic signature capability can use it for CAPI applications and redeterminations, as long as the process meets the requirements of the California Uniform Electronic Transactions Act, Civil Code section 1633.1 et seq. Counties can use electronic signatures for all CAPI forms, and for the SSP-14 form.

Counties must ensure that their electronic signature processes include: for telephone signatures, having necessary technology catalog and maintain an audio file to record verbal assent; for other electronic signature options, have the technology to catalog and retrieve an electronic record of the claimant’s actions; for non-paper applications, promptly give a printed application and instructions for correcting errors and omissions; using the date the application was received by the county, and implement confidentiality procedures.

CDSS is working on electronic signature capability for several additional CAPI forms, including the Statement of Facts, and waiver of recovery of overpayment. (ACL 24-41, June 14, 2024.)

The California Department of Social Services (CDSS) has issued guidance regarding the undue hardship exception to the Cash Assistance Program for Immigrants (CAPI) transfer of assets rule.

CAPI follows rules for the federal Supplemental Security Income (SSI) program unless state law says otherwise.  For the SSI program, applicants or recipients cannot transfer assets for less than fair market value.  If a SSI applicant transfers resources for less than fair market value, they are subject to a period of ineligibility from the program of up to 36 months.  This rule applies to CAPI. If the county determines that there has been a transfer of assets for less than fair market value, the county must evaluate the case for exceptions to the transfer of assets rule, including the undue hardship exception.

Undue hardship exists if the claimant alleges that failure to receive CAPI would deprive them of food or shelter; and the individual’s total available funds (income and liquid resources) is less than the federal SSI benefit rate plus the state supplemental payment.  The county must accept a claimant’s documented allegation of deprivation of food or shelter unless there is clear evidence to the contrary.  Counties cannot consider receipt of CalFresh when determining whether a claimant has sufficient food, and cannot consider receipt of federal housing assistance when determining whether a claimant would be deprived of shelter without CAPI benefits.

For purposes of determining undue hardship, there is loss of shelter if the recipient would be subject to eviction without CAPI benefits, and there is no other affordable available, or there is no other available housing with necessary modifications for a disabled person.

The county must explain the undue hardship exception and consider undue hardship in all cases where the county determines that there has been a transfer of assets for less than fair market value and no other exceptions apply.  If the county determines that undue hardship exists, the transfer of assets penalty is not imposed.  If the claimant states that there is no undue hardship, the county is not required to determine undue hardship, but must document the statement in the case file.

Undue hardship is a mnth-by-month determination.  Counties should determine undue hardship for six month periods and re-evaluate if the period of ineligibility lasts for more than six months.

For purposes of determining income for undue hardship, all income counts including the actual value of In Kind Support and Maintenance that is counted for purposes of CAPI.

For purposes of determining resources for undue hardship, all liquid resources, whether otherwise countable or excluded, count, except for designated burial funds or certain dedicated accounts. Any CAPI or SSI retained from prior months counts as a resource.

When determining countable income and resources, counties exclude 1) CAPI or SSI and items that are not countable as income for CAPI or SSI; 2) CalFresh benefits; 3) federally subsidized housing; 4) proceeds of a bona-fide loan.

For cases where CAPI benefits have already been granted, counties determine when the period of ineligibility started and develop the undue hardship for each prior month of the period of ineligibility.  (ACL 24-11, March 11, 2024.)

Effective January 1, 2024, Cash Assistance Program for Immigrants benefits will increase by 3.2 percent.  This increase is because of the Social Security and SSI 3.2 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-66-23, November 9, 2023.)