Discontinuing counting housing subsidies and CalFresh as income for CAPI indigence exception

The California Department of Social Services (CDSS) has informed counties that, effective June 24, 2020, CalFresh and housing subsidies will not count as income for purposes of determining eligibility for the Cash Assistance Program for Immigrants (CAPI) indigence exception to sponsor deeming.  Counties must reassess and reverse any CAPI denials based solely on inclusion of housing subsidies or CalFresh in determining eligibility for the sponsor deeming indigence exception that were issued by the county on or after June 24, 2020.

The requirement not to count housing subsidies or CalFresh in determining eligibility for the indigence exception to sponsor deeming applies to any hearing or rehearing effective June 24, 2020.  (ACL 20-79, July 7, 2020.)

COVID-19 extension of CAPI emergency procedures

The California Department of Social Services is extending several emergency procedures for the Cash Assistance Program for Immigrants (CAPI) until December 31, 2020.  These extended procedures are:

1) Waiver of in-person eligibility interviews

2) Accepting CAPI applications by telephone, mail, fax and email, and

3) Waiver of written SSI denial for applicants, including accepting verbal or written attestation from the applicant that they have applied and the application is pending.

The suspension of annual redeterminations is not extended.  Counties can resume processing CAPI annual redeterminations that are due during July.  (ACL 20-77, July 3, 2020.)

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.)