CAPI

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.

Electronic signatures for CAPI

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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.)

CAPI undue hardship exception to transfer of assets rule

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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.)