COVID-19 CAPI procedures

The California Department of Social Services (CDSS) has issued clarification regarding procedures for the Cash Assistance Program for Immigrants (CAPI) program during COVID-19.  Counties are to promptly determine CAPI eligibility without waiting for signed forms for requested documentation.  However, the county must receive all requested documentation prior to issuing a notice of action or starting to pay benefits.

CAPI applications remain subject to the 30-day determination deadline except for disability determinations for applicants under age 65. Applicants must be informed of required documents before the 30 day timeframe starts.  For telephone applications, the county should follow up with a letter stating all required documentation.  The date of the telephone application is the first day of the 30-day application process.  For mailed applications, the date the application is received and date stamped by the county is the first day of the 30-day process.

Redeterminations have been suspended for 90 days.  Any CAPI case due to be redetermined in March, April, May or June is extended for 12 months and may not be redetermined until the scheduled redetermination date in 2021.  Counties must ensure that adverse actions from March, 2020 redeterminations are not taken and must rescind any that were.  Any notices that were manually sent to CAPI recipients in March to inform of adverse action must be manually rescinded.  No CAPI annual redeterminations can occur until after July 1.

CAPI recipients are still required to report changes in circumstances within 10 days.  However, only redeterminations caused by a report that will increase benefits will be processed.  No negative action may be taken against any CAPI recipient, regardless of the reason.

Redeterminations connected with inter-county transfers are temporarily waived.  A redetermination should occur after the governor’s executive order on redeterminations expires.

All current overpayment policies remain in place.  Counties must review waiver requests.

The requirement to apply for SSI as a condition of CAPI eligibility remains in place.  However, counties and CAPI consortia are directed to accept any verbal or written statement by a CAPI applicant that they applied for SSI and are waiting for a decision from the Social Security Administration.  In addition, the immigration status code N13 on the INQX screen in MEDS, when dated in the last six months, is sufficient to show the SSI application and that it was denied solely because of immigration status.

Counties may still send Interim Assistance Reimbursement forms but are not required to do so.

The federal individual stimulus payment will not count as income for CAPI.  Benefits from Pandemic Unemployment Assistance, Pandemic Emergency Unemployment Compensation and Pandemic Unemployment Assistance are also excluded as income because they are benefits related to a major disaster.  However, these benefits are counted as income for purposes of the indigence exception to sponsor deeming.  (ACL 20-46, April 22, 2020.)

Changes to CAPI procedures because of COVID-19

The California Department of Social Services (CDSS) has announced temporary changes to the Cash Assistance Program for Immigrants (CAPI) because of COVID-19.  Until further notice, the CAPI face-to-face interview requirement is waived for CAPI initial applications.  Counties and CAPI consortia must accept CAPI applications by mail and telephone.  For telephone applications, county stall must read each question on the CAPI Statement of Facts and Statement of Household Expenses and Contributions to the applicant in their preferred language, using an interpreter as necessary and record the answers.  Counties and CAPI consortia can also complete the application process by videoconference.

For telephone applications, the county shall ask the applicant’s permission to sign the application as a proxy for the applicant to preserve the protected application date.  If the applicant refuses, the forms must be mailed to the county, and the protected application date is the date the county receives the signed application.  The Interim Assistance Reimbursement Form must be mailed to the applicant for signature.

For applications taken by phone or video, the country must determine eligibility without waiting for signed forms or requested verification.

CAPI redeterminations are suspended until June 16, 2020.  Counties are not required to go back and conduct redeterminations for individuals whose redermination period falls between March 18, 2020 and June 16, 2020.

Counties and CAPI consortia must continue to require CAPI applicants and recipients who are qualified aliens to apply for SSI, and should direct them to telephone their local Social Security office.  The Social Security Administration has agreed to transmit SSI denials letters to counties by email.  (Program Manager Letter, March 20, 2020.)

90 day suspension of redeterminations, CalWORKs clock stop, and public meeting requirements

Governor Gavin Newsom has issued an executive order regarding public benefits programs in California.  The executive order suspends otherwise required redeterminations for Medi-Cal, CalWORKs, CalFresh , Cash Assistance Program for Immigrants, California Food Assistance Program, and In Home Supportive Services for 90 days.

The executive order also stops the CalWORKs 48 month time clock through June 17, 2020.  Any month or partial month of CalWORKs received will not be counted toward California’s 48 month time on aid limit.

The Executive Order also suspends any requirement of physical presence in the Brown Act or the Bagley-Keene Act for meetings or local or state bodies.  Meetings of state or local bodies held via teleconference and allowing members of the public to observe and address the meeting shall satisfy any requirement that the body allow members of the public to attend the meeting and offer public comment.

The body must have a procedure for reasonable accommodations for persons with disabilities and advertise that procedure in each public meeting notice.  Requirements for notice of the time and agenda for meetings are unchanged, except that the notice of the time of the meeting must also give notice of how the public may observe and comment.  These public meeting provision apply as long as state or local public officials have imposed or recommended social distancing. (Executive Order N-29-20, March 17, 2020.)

New CAPI payment standard

The California Department of Social Services (CDSS) has issued the new payment standard for Cash Assistance Program for Immigrants (CAPI).  Effective January 1, 2020, CAPI grants will increase by 1.6% because the federal Supplemental Security Income Cost of Living Adjustment.

The amounts for presumed maximum value for in-kind support and maintenance, allowance for ineligible children in deeming situations, sponsor’s allocation in alien deeming situations and the allowance for parents in parent-to-child deeming situations will also increase by 1.6% effective January 1, 2020.  (ACIN I-71-19, December 2, 2019.)

Separation of SIU and eligibility determination functions

The California Department of Social Services (CDSS) has issued a reminder to counties that management of eligibility determination and program integrity investigation must be separate.

County Special Investigative Unit (SIU) staff is responsible for preventing and discovering fraud by applicants and recipients.  SIU staff must investigate fraud allegations.  County eligibility workers are responsible for referring cases to the SIU.

The SIU must be a separate organization, independent of organizations performing eligibility and benefit determination functions.  Counties must ensure separate and independent operation of eligibility and investigation activities.  SIU staff cannot dictate CalWORKs or CalFresh eligibility determinations but can make recommendations.  (All County Welfare Directors Letter May 1, 2019.)

CAPI text messages

The California Department of Social Services (CDSS) has issued instructions regarding text messages and enotices for the CAPI program.  This guidance implements AB 1957 for the CAPI program.

Counties are not required to communicate with clients using text messages but are encouraged to do so if they have the capacity to do so.  Counties or CAPI consortia that want to communicate with clients by text messages must get permission from the client in advance.  Questions have been added to the CAPI Statement of Facts and redetermination forms to facilitate getting permission for text messaging.  The client can withdraw permission for text messaging at any time.

Text messages sent to clients can only use the client’s first or last name and cannot include identifying information such as Social Security Number or case number.

If the county cannot accept return texts, the county’s text message must include do not reply language.

Notices of Action cannot be sent via text message.  The county can send a link to a secure online portal via text message for the client to obtain a Notice of Action.

Any automated text messages from county with a substantial number of non-English speakers must be sent in the client’s primary language.  When a translation is not feasible or when the language character set is not available on the client’s phone, the county must use an alternative form of communication.  (ACL 19-54, June 3, 2019.)