CAPI

Additions to county web pages regarding programs for immigrants

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The California Department of Social Services (CDSS) has issued guidance regarding revising or adding information to county websites regarding programs available for Refugees; Asylees; Cuban/Haitian Entrants; certain Humanitarian Parolees; Special Immigrant Visa Holders; Amerasians; and Noncitizen Victims of Human Trafficking, Domestic Violence, and Other Serious Crimes populations.

County webpages must include CalWORKs, CAPI, RCA, TCVAP, and all county programs available for Refugees; Asylees; Cuban/Haitian Entrants; certain Humanitarian Parolees; Special Immigrant Visa Holders; Amerasians; and Noncitizen Victims of Human Trafficking, Domestic Violence, and Other Serious Crimes. Counties that do not have this information on their webpages should include it as soon as possible.  Counties that do not have this information on their webpage should notify CDSS as soon as the webpage updates are completed, but no later than December 1, 2023.

The information in the website should be clear and in plain language, with simple instructions about how to apply for benefits. Information on how to apply for programs should include both the link to BenefitsCal and a description of other ways to apply, such as applying in person at their respective CWD offices.

For CalWORKs, counties should review their public-facing websites on a regular basis to ensure that content is accurate, and contains plain language information about how to apply, and services and services available through CalWORKs.

For the Cash Assistance Program for Immigrants (CAPI), county websites must direct CAPI applicants to the county social services office to apply in person because the CAPI application is not available in BenefitsCal.

For Refugee Cash Assistance, and Trafficking and Crime Victims Protection Act (TCVAP), applicants who have minor children should be evaluated for CalWORKs first.  If they are ineligible for CalWORKs, or they do not have minor children, they should be evaluated for RCA and TCVAP.

Counties should notify CDSS as soon as their websites are updated, but no later then December 1, 2023.  (ACWDL, October 19, 2023.)

New NA Back 9 form

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The California Department of Social Services (CDSS) has issued a revised version of the NA Back 9 form, which is the form on the back of every Notice of Action for a CDSS administered program about hearing rights and how to request a hearing.  The new NA Back 9 form includes the ability to request a preferred hearing modality, instructions on submitting hearing requests online or by email, and information about on-line hearings accounts.

Counties must begin using the new NA Back 9 form when automation in the CalSAWS computer system is complete.  All county generated notices must include the revised NA Back 9 after it is programmed into CalSAWS.  CDSS does not state when to expect the revised NA Back 9 to be programmed into CalSAWS or state a deadline for that programming.

Counties must include the local legal aid office(s) in the “Get Help” section of the new NA Back 9.

Agencies that use a form other than the NA Back 9 to request a hearing must have those forms reviewed and approved by the CDSS State Hearings Division.  (ACL 23-81, September 19, 2023.)

Direct deposit of cash benefits

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The California Department of Social Services reminds counties that electronic benefits transfer cardholders can opt-in to receive benefits by direct deposit at any time.  Benefits may be issued by direct deposit for CalWORKs, RCA, CAPI, and Kin-GAP.  Counties must inform recipients and applicants of these programs of the direct deposit option at application and any redetermination.

Delivery of benefits by direct deposit is more secure, and benefits will always arrive on the first of the month.

Demand Deposit Accounts are eligible to receive cash benefits through direct deposit.  (ACIN I-23-23, May 3, 2023.)

End of CAPI COVID-19 procedures

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During COVID-19 counties could perform eligibility interviews electronically, and accept verbal attestation that the client applied for SSI.  Now that the COVID-19 State of Emergency is over, those procedures are no longer in effect.

Effective immediately, neither a face-to-face or virtual interview is required for CAPI if the application is signed and the county has verified all necessary information.  Counties can still require a face-to-face, phone, or virtual interview if they decide an interview is necessary.

Counties can no longer accept verbal attestation that a client has applied for SSI.  The CAPI applicant must provide either a denial letter or other communication from the Social Security Administration that their SSI application is denied because of immigration status, or verification that the applicant has filed a SSI application and it is pending a final determination.  (ACL 23-44, May 5, 2023.)

Treatment of Hospital and Skilling Nursing Facility retention pay for various programs

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Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay gives eligible full-time employees a one-time payment of up to $1,500, eligible part-time employees a one-time payment of up to $1,250, and eligible physicians a one-time payment of up to $1,000.

The Clinic Workforce Stabilization Retention Payment Program provides funds to eligible clinics make a one-time retention payment to eligible employees.

For CalWORKs and CalFresh, payments under each of these programs are non-recurring lump sums and are therefore not income.  These payments are considered property in the month of receipt.

These payments are not considered income for Refugee Cash Assistance, Entrant Cash Assistance, or Trafficking and Crime Victims Protection Act benefits.

For CAPI, these payments are not income and are excluded as a resource. (ACL 23-21, January 31, 2023.)

Eligibility of Cuban, Haitian, Nicaraguan, and Venezuelan parolees for federal and state benefits

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The California Department of Social Services (CDSS) has issued guidance regarding eligibility of Cuban, Haitian, Nicaraguan, and Venezuelan parolees for federal and state benefits.

Cuban, Haitian, Nicaraguan, and Venezuelan refugees and asylees are eligible for CalWORKs, CalFresh, SSI, Refugee Cash Assistance, and Refugee Support Services.  Asylum applicants are not eligible for federally funded benefits and services unless they hold another qualifying status.

Humanitarian parolees are generally not eligible for federal benefits.  Nicaraguan and Venezuelan parolees are not eligible for refugee benefits and services.  Cubans and Haitians who arrive in the United States under the supporter-based parole process are eligible for benefits to the same extent as refugees.

Temporary Protected Status holders are not eligible for most federal or state benefits or services.

For Refugee Cash Assistance, counties can accept a declaration under penalty of perjury that the individual has a qualifying immigration status if the worker is unable to confirm status after reviewing documents that suggest eligibility.  Refugee Cash Assistance applicants are not required to provide Social Security Numbers.

Cuban, Haitian, Nicaraguan, and Venezuelan parolees are eligible for CalWORKs because humanitarian parolees have Permanent Residence Under Color of Law.  As CalWORKs recipients, they are eligible for Welfare-To-Work services, Family Stabilization, domestic abuse survivor services, Housing Support Program, Homeless Assistance, Bringing Families Home, Housing and Disability Advocacy Program, and Home Safe.  Housing Support Program and Homeless Assistance can supplement federal refugee resettlement funding.

Cuban, Haitian, Nicaraguan, and Venezuelan parolees are eligible for Cash Assistance Program for Immigrants.

Cuban, Haitian, Nicaraguan, and Venezuelan parolees may be eligible for CalFresh or the California Food Assistance Program if they have been paroled into the United States for at least one year.

Cuban, Haitian, Nicaraguan, and Venezuelan parolees may be eligible for Medi-Cal.

Counties must submit cases to the SAVE system for verification.

Cuban, Haitian, Nicaraguan, and Venezuelan parolees can present a copy of their electronic Form I-94.  Additional verification may be required in limited circumstances, such as when information from the applicant does not match federal immigration records. (ACIN I-13-22, April 20, 2023.)