CAPI

Eligibility of Afghan Humanitarian Parolees for Refugee Resettlement Program, CalWORKs, CalFresh and SSI

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THIS POLICY IS SUPERCEEDED BY ACWDL December 2, 2021, summarized here, for federal benefits.

The California Department of Social Services (CDSS) has provided guidance regarding eligibility of Afghan Humanitarian Parolees Afghanistan for Refugee Resettlement Program, CalWORKs and CalFresh benefits.

Humanitarian Parolees are not eligible for Refugee Cash Assistance or any other Office of Refugee Resettlement programs.

Humanitarian Parolees are eligible for CalWORKs from the day they are paroled into the United States.

Humanitarian Parolees are not eligible for Supplemental Security Income (SSI) benefits.  Humanitarian Parolees are eligible for Cash Assistance Program for Immigrants.

Humanitarian Parolees are eligible for CalFresh only if they have been paroled into the United States for at least one year, and, among other factors, have lived in the United States for qualified aliens, have 40 quarters of qualifying work, or are children under age 18.

Humanitarian Parolees are eligible for the California Food Assistance Program when the have been paroled into the United States for one year or more.

Regardless of documentation provided, the county must submit these cases to the SAVE system for immigration status verification. (ACWDL, September 3, 2021 and Errata, September 17, 2021.)

Eligibility of Afghan Special Immigrant Parolees for Refugee Resettlement Program, CalWORKs, CalFresh and SSI

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The California Department of Social Services (CDSS) has provided guidance regarding eligibility of Special Immigrant Visa holders and special immigrant parolees in the SQ/SI categories (collectively called Special Immigrant Parolees) from Afghanistan for Refugee Resettlement Program, CalWORKs and CalFresh benefits.

Special Immigrant Parolees are eligible for Refugee Cash Assistance, Refugee Medical Assistance and other Office of Refugee Resettlement programs.  A Social Security Number is not required to be eligible for these programs.

Special Immigrant Parolees and their families are eligible for CalWORKs effective on their date of entry to the United States.

Special Immigrant Parolees are eligible for Supplemental Security Income (SSI) benefits.  If for some reason Special Immigrant Parolees are found to be ineligible for SSI, the can be eligible for Cash Assistance Program for Immigrants.

Special Immigrant Parolees are immediately eligible for CalFresh.

Regardless of documentation provided, the county must submit these cases to the SAVE system for immigration status verification.  (ACWDL, August 30, 2021.)

Treatment of the Golden State Grant for Cash Assistance Program for Immigrants recipients

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The Golden State Grant Program provides a $600 one-time grant payment to Cash Assistance Program for Immigrants (CAPI) recipients. The $600 one-time payment applies to all CAPI recipients who had an active CAPI case and received a CAPI payment in March 2021.

Beginning on May 24, 2021, payments will be sent out by paper check weekly by zip code. These payments are not counted as income for recipients and will not count toward the resource limit for 12 months from the payment receipt. The payment is not included in CAPI overpayment rules.  The California Department of Social Services State Hearings Division does not have jurisdiction regarding issues eligibility for and payment of the Golden State Grant.  (ACL 21-57, May 21, 2021.)

Correction: based on updated guidance from the Social Security Administration, the Golden State Grant Payment is excluded from being counted as income and resources.  (ACL 21-57E, August 11, 2021.)

COVID-19 CAPI change to verification of SSI ineligibility

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To be eligible for the Cash Assistance Program for Immigrants (CAPI), an individual must be ineligible for Supplemental Security Income (SSI) only because of their immigration status.  Effective April 16, 2021, counties may accept verbal attestation from a claimant that they have applied for SSI and their application is pending a final determination by the Social Security Administration if the claimant has not received a final determination.  This procedure remains in effect until the end of the California COVID-19 State of Emergency.

Counties should check the immigration status code in the MEDS database. Code N13 dated within six month of the CAPI application or redetermination also indicates the claimant has applied for SSI and been denied only because of immigration status.  In those cases, the county should not ask the CAPI applicant to reapply for SSI.  (ACL 21-41, April 22, 2021.)

Changes to federal Public Charge rule

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The Department of Homeland Security will not enforce the 2019 public charge rule. As a result, the 1999 interim field guidance on the public charge inadmissibility provision will now apply.  Under the 1999 Interim Guidance, the Department of Homeland Security and United States Citizenship and Immigration Services will not consider receipt of Medi-Cal (except for long-term care, public housing or CalFresh as part of determining public charge inadmissibility.  Public cash assistance for income maintenance, including CalWORKs, Supplemental Security Income (SSI), Cash Assistance Program for Immigrants and general assistance/general relief.

However, receipt of benefits alone will not automatically cause a public charge determination.  Receipt of benefits is only one factor among several considered as part of the totality of circumstances determination for whether someone is likely to become a public charge.  Receipt of benefits by family or household members is not considered for public charge purposes.

Medical testing, treatment, and preventative services for COVID-19, including vaccines, is not considered for public charge purposes. (ACL 21-32, March 15, 2021.)

Treatment of the Golden State Stimulus and Golden State Grant for CalWORKs

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Households receiving the California Earned Income Tax Credit for 2020 will receive a $600 one-time relief payment through the Golden State Stimulus program.  In addition, the Golden State Stimulus program will provide a one-time $600 payment to households that filed with an Individual Tax Identification Number, have income below $75,000 per year, and were precluded from receiving a federal stimulus payment.  Eligible households can receive both payments.

As a tax rebate, credit or temporary tax refund measure, Golden State Stimulus payments are not counted as income and are exempt from being counted as a resource for 12 months for CalWORKs CalFresh, and CAPI.

The CalWORKs Golden State Grant payment will provide a $600 one-time payment to eligible CalWORKs Assistance Units that will be distributed by mid-April 2021.  This payment is exempt from being considered income, and is exempt from being considered a resource for 12 months.

The CalWORKs Golden State Grant payment cannot be considered an overpayment and must be excluded from overpayment establishment and collection.

All active CalWORKs recipients as of March 27, 2021 are eligible for the CalWORKs Golden State Grant.  A family that contains a CalWORKs assistance unit may also be eligible for additional Golden State Grant payments if it includes a SSI or CAPI recipient.

Refugee Cash Assistance, Entrant Cash Assistance and Trafficking and Crime Victims Assistance Program recipients are not eligible for the CalWORKs Golden State Grant.  (ACL 21-23, March 25, 2021.)