CAPI

EBT skimming and scams

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The California Department of Social Services has issued instructions regarding replacement of electronic benefits transfers (EBT) stolen by skimming or scams.  Skimming is using electronic equipment to capture the recipients’ EBT card and create a counterfeit card.  Scams involve deceiving or misleading a recipient to provide their account information and then using that information to create a counterfeit card.

Claims for electronic theft are made using the EBT 2259 form.  Recipients can contact either the EBT Customer Service Helpline or the county welfare department. 

In addition to the EBT 2259 form, recipients are required to file a police report unless there is good cause.  The police report number is required on the EBT 2259 form but a copy of the report is not required.  Good cause for not filing a police report includes that the police department does not accept reports of identity theft or financial fraud, the police department does not provide interpreter services for non-English speakers, there is a fee to file the police report, the police department does not provide disability accommodations, the recipient does not have transportation, and submitting a report in person would interfere with participation in welfare-to-work activities.

Counties review the EBT 2259 form and determine if it is complete and whether the allegations are consistent with typical scamming practices.  If the claim does not allege typical scamming practices it is considered for further review.  In addition, counties must verify that benefits for the recipient have not been restored because of scamming in the last 36 months. 

Recipients must file an electronic theft claim within 90 days.

Counties have 10 days to issue repayment unless there is a fraud investigation or over $2,000 is involved.  The reimbursement is not counted as income or property in the month received or the next month.  (ACL 18-148, December 31, 2018.)

Update: People reporting electronic theft no longer need to contact the electronic benefits transfer vendor prior to submitting the form EBT 2259 to the county.  People reporting electronic theft must contact the county within 10 days of the loss, and file the EBT 2259 form with the county within 90 days of the loss. People no longer are required to file a police report to submit the form EBT 2259 and get replacement benefits.  (ACL 23-13, January 27, 2023.)

SOGI self-identification

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The California Department of Social Services has issued instructions implementing voluntary self-identification of sexual orientation and gender identity (SOGI).  Although counties must ask about SOGI, applicant or recipient responses are voluntary.  CDSS has created form CW 2223 for this purpose.  Counties must use the CW 2223 for applications and redetermination/recertifications.  All primary caretaker relatives, including minor parents/caretaker relatives, who elect to disclose this information complete their own CW 2223 form.  Applicants and recipients must be given the opportunity to complete the form regardless of whether the application or redetermination/recertification is done by phone, in person or on line.  For example, if the interview is done by phone, the form should be mailed to the client.

The CW 2223 is not programmed into the county computer systems.  The letter contains instructions for how county workers need to enter the information into the computer systems. 

For CAPI only cases, the CAPI application includes optional SOGI questions so the CW 2223 form does not need to be used.

Counties should do periodic training of front line staff on SOGI sensitivity and best practices.  According to CDSS, some best practices include explaining why the questions are being asked and that the responses are confidential, and using gender-neutral language such as partner or significant other.  (ACL 18-133, November 8, 2018.)

The end of SSI cash-out

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The California Department of Social Services has issued instructions implementing the end of SSI cash-out.  SSI/SSP recipients are ineligible for CalFresh.  Instead, SSI/SSP recipients receive an extra $10 per month in SSP benefits.  AB 1811 Sections 38-41 end the SSI cash-out.  When implemented, this change will make SSI/SSP recipients eligible for CalFresh. The change will be implemented on June 1, 2019.  If automation cannot be completed implementation can be delayed until August 1, 2019. Newly eligible households, that is new applicants in which all members are SSI/SSP recipients, will be eligible for CalFresh as of the implementation date.  If a newly-eligible SSI/SSP only household submits an application within the calendar month prior to implementation, the county must process the application but will not issue benefits until the implementation date.

SSI/SSP recipients in ongoing households will be eligible for CalFresh at the household’s next periodic report, annual recertification, or when voluntarily requested by the household.  A new application will not be required to add an SSI/SSP recipient to an ongoing household.

Grants under the Cash Assistance Program for Immigrants increase by $10 per individual and $20 per couple.  SSI/SSP recipients will be eligible for the Food Distribution Program on Indian Reservations.

All SSI/SSP recipients will be considered elderly and/or disabled household members for CalFresh purposes.

Income, resources and deductions of the SSI/SSP recipient will be considered when determining CalFresh eligibility.  Households in which all members of household receive SSI/SSP will be considered categorically eligible for CalFresh. This means that no additional verification is needed for resources, gross or net income, Social Security Number, sponsored immigrant information or residency.

Households will not be required to report termination of SSI/SSP mid-period.  However, if termination of SSI/SSP becomes known to the county it must take action mid-period.

Transitional CalFresh cases will be treated like other ongoing CalFresh cases.

Counties must provide reasonable accommodations for the disabilities of newly eligible SSI/SSP recipients. (ACL 18-90, July 31, 2018)

Expiration of indigence exception for CAPI

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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.

Suspension, reinstatement, termination and reapplication for CAPI benefits

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CDSS has issued instructions suspension, reinstatement and termination of Cash Assistance Program for Immigrants (CAPI) benefits and reapplication for CAPI.

Suspension is an interruption of CAPI benefits because of the recipient’s failure to satisfy one or more CAPI eligibility requirements.  CAPI benefits can be reinstated without a new application if they re-qualify for benefits within 12 months of the date of suspension.  Suspension is effective the first day of the month in which the recipient no longer meets all CAPI eligibility requirements.  The county sends a notice of change of benefits (NA 692) form when suspending CAPI benefits.

Examples of events that can cause suspension of benefits include: income in the budget month exceeding the payment standard in the payment month, resources exceeding the allowable limit, failing to provide proof of applying for SSI, being outside the United States for 30 consecutive days, being a resident of a public institution for an entire calendar month, and failing to cooperate in providing requested information.

CAPI benefits can be reinstated when the recipient submits evidence requested by the county to reestablish eligibility during the suspension period.  A recipient does not need to file a new application to request reinstatement within the 12 month suspension period.  Benefits are reinstated effective the first day the recipient meets all eligibility requirements, even when that day is in the middle of the month.  This may require counties to make partial month payments.

Termination occurs when benefits have been suspended for 12 consecutive months and cannot be reinstated without filing a new application.  The county sends a second NA 692 notice when terminating benefits.  After this notice, the former recipient must reapply for benefits.  This is treated as a new application with a new protected application date.  (ACL 18-07, January 19, 2018.)

CAPI Indigents Exception form and policy

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CDSS has issued clarification regarding county completion of the Cash Assistance Program for Indigents (CAPI) indigence exception form.  Included in this clarification are several policy statements about evaluating eligibility for the indigence exception from sponsor deeming.

CDSS states that an applicant for the CAPI indigence exception is considered homeless if he or she has no permanent living arrangement, that is, no fixed place of residence.  Examples include persons who sleep in doorways, homeless shelters or parks, and persons who are couch surfing and have no permanent living arrangement at the beginning of the month.

CDSS states that monthly income for purposes of determining eligibility for the CAPI indigence exception include any in-kind contributions from either a sponsor or anyone else.  In addition, monthly income includes the cash value of any other public benefits that the applicant receives.  If the applicant resides with their spouse, the spouse’s earned or unearned income is included.

CDSS states that if an applicant for the indigence exception claims to be living independently or living with others and paying rent (as opposed to claiming to be homeless), there is a contradiction with claiming the indigence exception.  In those cases, CDSS requires the applicant to submit a written statement from anyone who has given the applicant a loan, and failure to submit that statement means the indigence exception is denied.

Based on the written statement, the county determines whether the loan is genuine.  A loan is considered genuine if it must be repaid under any circumstances (for example repayment from CAPI benefits if received is considered conditional and the loan is not genuine) and the applicant currently (before a decision on the CAPI application) has sufficient income such that there is a reasonable likelihood of repayment of the loan.

If the loan is genuine, it does not count as income for purposes of the CAPI income standard, but its value is considered for in determining eligibility for the indigence exception by counting it towards the CAPI applicant’s ability to purchase shelter and food.  If the loan is not genuine, it is considered a gift, and the applicant is ineligible for the indigence exception because the applicant’s needs for shelter and food are satisfied by gifts.  (ACL 17-100, September 20, 2017.)