CAPI

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.)

CalWORKs, CalFresh, and other programs treatment of rebates, refunds and credits under American Rescue Plan Act

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The American Rescue Plan Act of 2021 contains several tax credits and rebates, including Earned Income Tax Credit, additional child tax credits, and child and dependent tax credits.  These individual rebates are excluded from consideration as income, and as an asset for 12 months after receipt for CalWORKs, CalFresh, Refugee Cash Assistance, Entrant Cash Assistance, Trafficking and Crime Victims Assistance Program, Supplemental Security Income/State Supplementary Payments, Cash Assistance Program for Immigrants, programs that fund foster care payments, Approved Relative Caregiver program, and Emergency Assistance funding.  (ACL 21-37, March 26, 2021.)

CAPI nonmedical out-of-home care payment standard

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The California Department of Social Services (CDSS) has released guidance and forms regarding the Cash Assistance Program for Immigrants (CAPI) nonmedical out-of-home care payment standard. The nonmedical out-of-home care payment standard is available to SSI and CAPI recipients who need nonmedical care or supervision and reside in eligible living arrangements.

For minors, qualified living arrangements are: a blind or disabled child who resides in a state licensed nonmedical out-of-home care facility, a disabled child living in the home of a relative or legal guardian/conservator who is not a parent, a blind child living in the household of a relative who is not a parent or legal guardian/conservator, a blind or disabled child living in a certified family home, or a youth who receives extended foster care after age 18 and resides in a licensed/certified foster care home.

For adults, qualified living arrangements are: an aged, blind or disabled individual/couple residing in a state licensed nonmedical out-of-home care facility, an aged, blind or disabled individual/couple living in a Family Home approved by a Family Home Agency acting on behalf of a California Regional Center, or an an aged, blind or disabled individual/couple in the household of a relative, conservator or guardian and receiving nonmedical care and supervision from a relative.

Living arrangements not eligible for nonmedical out-of-home care payment are an adult who owns their residence or has rental liability for their residence, an adult whose ineligible spouse is able and available and lives in the same household, an adult who resides with a non-relative who is not the claimant’s conservator or guardian, an adult who resides in a facility that is not a state licensed or approved Family Home facility, a disabled child living with their parent(s), a blind child attending school or training full time who lives with their parents, or a blind or disabled child who lives in a certified family home, foster family home or unlicensed group home.

CAPI claimants who qualify for both IHSS and nonmedical out-of-home care payment may receive either but not both.

A CAPI recipient eligible for nonmedical out-of-home care living in a licensed facility receives one payment standard.  A CAPI recipient eligible for nonmedical out-of-home care living with a relative, legal guardian or conservator is eligible for a lower payment standard.  (ACL 20-141, December 16, 2020.)