CAPI payment standard increase

Effective January 1, 2017, the Cash Assistance Program for Immigrants (CAPI) payment standard increased by 2.76%.  This increase also caused increases in the presumed maximum value of in-kind support and maintenance, the allowance for ineligible children in deeming situations, the sponsor’s allocation in alien deeming situations and the allowance for parents in parent-to-child deeming situations.

For couples where one spouse receives SSI and the other receives CAPI, budgeting will be done prospectively to prevent the couple from receiving more than the appropriate couples payment standard because of the increase in CAPI benefits.

CDSS included a chart of the new CAPI payment standards.  (ACIN I-81-16, December 19, 2016.)

CAPI PRUCOL Clarification

CDSS has issued instructions about the definition of Permanent Resident Under Color of Law (PRUCOL) for purposes of eligibility for Cash Assistance Program for Immigrants (CAPI) benefits.  One way that people can be eligible for CAPI is if they are PRUCOL.  For CAPI purposes, PRUCOL refers to 12 categories of non-citizens.  The twelfth category is a general classification for people who can show that USCIS knows they are in the United States and USCIS does not intend to deport them.

A non-citizen can demonstrate that USCIS is aware of their presence in the United States by showing correspondence with USCIS. Individuals who are subject to an order of deportation or who overstay their visas cannot qualify.

A non-citizen can show that USCIS does not intend to deport them by showing it is USCIS’ policy or practice not to deport aliens in the same category.

The Systemic Alien Verification for Entitlements (SAVE) system for verifying immigration status does not identify people as PRUCOL.  Counties must determine whether people qualify as PRUCOL.  (ACIN I-79-16, November 30, 2016.)

Benefits eligibility for persons paroled as refugees

The California Department of Social Services has issued instructions about benefits eligibility for persons paroled as refugees.  The immigration status paroled as a refugee is a category of parole that includes persons who enter the United States under the Central American Minors program and persons eligible for conditional entry, between February 1970 and April 1980 whose application for admission to the United States was denied because of an inadequate number of visas.

Persons paroled as refugees are eligible for Refugee Resettlement Program benefits, CalWORKs and CalFresh.  Persons paroled as refugees should be eligible for SSI after one year and are eligible for CAPI until they are eligible for SSI because they are considered permanent residents under color of law.  ACIN I-48-16 (June 29, 2016).

CAPI eligibility for citizens of free associated states

The California Department of Social Services has issued a clarification that citizens of the free associated states of the Marshall Islands, Micronesia Palau are eligible for the Cash Assistance Program for Immigrants (CAPI).

Persons are eligible for CAPI if they are lawful immigrants who would have been eligible for Supplemental Security Income (SSI) benefits before August 22, 1996, the day the federal welfare reform law became effective.  Lawful immigrants who were eligible for SSI before August 22, 1996 include persons who qualify as Persons Residing Under Color Of Law (PRUCOL).

Citizens of the freely associated states are PRUCOL and are therefore eligible for CAPI.  ACL 16-33 (May 2, 2016).

ACL 14-55: Termination Of State Funding For Supplemental Security Income Advocacy Programs (SSIAP) For Cash Assistance For Immigrants (CAPI) (9/10/14)

Announcing the demise of state funding reimbursement for SSI advocacy for CAPI folks to transition to SSI.  The funding was set to expire years ago, and was repeatedly extended, and intended to cover immigrants of age 65 or older, who entered the U.S. before August 22, 1996, and allege a disability.  [Download]