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DPSS ePolicy

CAPI

49-060 Benefit Suspensions and Terminations

Release Date
02/02/2021

Section Heading

Purpose

To convert existing policy to new writing style only - No concept change


Policy

Benefits Suspension

The Cash Assistance Program for Immigrants (CAPI) participant has 12 consecutive months after the effective date of the suspension to regain eligibility without filing a new application. The CAPI benefit is suspended because the participant has one of the following events occur:

  1. Receives income in the budget month exceeding the appropriate payment standard in the payment month;

  2. Has resources that exceed allowable limits;

  3. Fails to provide proof of application for Supplemental Security Income/State Supplementary Payment (SSI/SSP) benefits within 30 calendar days of worker’s referral or fails to take all necessary steps to obtain SSI/SSP;

  4. Becomes eligible for SSI/SSP benefits;

  5. Is outside the United States (U.S.) for 30 or more consecutive calendar days;

  6. Is a resident of a public institution for an entire calendar month;

  7. Fails to cooperate or provide requested information within 30 calendar days of the county’s written request for information or documentation;

  8. Fails to file for all other possible benefits (Title II Social Security, Veterans’ benefits, annuities, pensions, retirement benefits, disability benefits, unemployment or Workers’ Compensation, Social Security benefits, or any other private pensions);

  9. Is fleeing to avoid prosecution for a felony or is violating a condition of probation/parole; or

  10. No longer meets CAPI eligibility requirements (refer to 49-010: Eligibility for Cash Assistance Program for Immigrants).

 

Benefits Termination

The CAPI benefit is terminated because the participant has one of the following events occur:

  1. Suspension of a CAPI benefit for 12 consecutive months;

  2. Becomes a U.S. citizen, except when receiving a conditional CAPI benefit (refer to 49-010: Eligibility for Cash Assistance Program for Immigrants);

  3. Dies;

  4. Under age 65 years and is no longer blind/disabled; or

  5. Request to voluntarily terminate their CAPI benefit.

Background

All-County Letter (ACL) No. 18-07, dated January 19, 2018, states that a CAPI participant has 12 consecutive months after the effective date of the suspension to regain eligibility without filing a new application. Following a 12-month suspension, CAPI benefits will be terminated and the previous CAPI participant must file a new application to receive CAPI benefits again.


Definitions

Terms and Descriptions 


Overpayment

Payment of more than the allotted benefit amount due to a participant for any period. This includes CAPI payments made during a period for which an individual is later determined eligible for SSI/SSP and for which the state or county does not receive federal reimbursement.

Note: Payments made based on presumptive disability or blindness are not considered overpayments when an individual is finally determined to be disabled or blind.


 Protected Application Date

Also known as the date of application. It is the date that DPSS receives the applicant’s request to apply for CAPI by telephone, in person, fax, or mail.


 Reinstatement/Restoration

CAPI benefits can be reinstated without filing for a new application if the participant meets their eligibility requirements and requalifies for CAPI benefits within 12 months of the date of suspension. The rescission of CAPI benefits after a suspension will be effective on the first day the participant meets all eligibility requirements.


 Suspension

An interruption of CAPI benefits due to a participant’s failure to satisfy one or more CAPI eligibility requirements.


Termination

An ending of CAPI benefits after a 12-month suspension. CAPI benefits cannot be reinstated and participant must submit a new application to receive CAPI benefits.


 Underpayment

Payment of less than the benefit amount allotted to a participant for any period.


Requirements

Reinstatement of Suspended CAPI Benefits

A CAPI participant who requests reinstatement of CAPI benefits via telephone or in writing within 12 months of the date of suspension must submit required verification previously requested by the worker to re-establish eligibility within the 12-month period. CAPI are to be reinstated effective on the first day that the participants meet all eligibility requirements. In some cases, the county must make a partial-month CAPI payment to the participant.

 

Reapplication for CAPI Benefits Following Termination

After termination of CAPI benefits, a participant may reapply for CAPI at any time. Reapplication following termination requires filing of a new CAPI application and assignment of a new application number. This is treated as an initial application and a new protected application date applies.


Verification Docs

N/A


Procedures

Administrative Release 

Number: 5797         Date: February 2, 2021    

If a Participant is No Longer Eligible for CAPI Benefits, Then...

The Eligibility Worker (EW) must:

  1. Suspend the participant’s CAPI benefits on CalSAWS;

  2. Send the NA 692, Notice of Change Cash Assistance Program for Immigrants (CAPI), to the participant as a notice of suspension;

  3. Determine if an overpayment/underpayment occurred. Recover the overpayment or repay the underpayment, as applicable (refer to 49-072 Overpayment); and

  4. Document the case journal.

 

If a Participant Met All the CAPI Eligibility Requirements Within the 12-Month Suspension Period, Then...

The EW must: 

  1. Reinstate the CAPI benefits effective the first day that the participant meets all eligibility requirements (refer to 49-010, Eligibility for Cash Assistance Program for Immigrants) and do not wait until the following month; 

  2. Issue a partial-month CAPI payment to the participant if they met their eligibility after the 1st of the month.  Add prorated benefits to participant’s reinstated CAPI benefits (refer to CAPI Proration Chart in the Attachments for Internal Use section); 

  3. Issue retroactive benefits to the participant, as applicable (refer to examples 1 and 2 in the Examples section); and 

  4. Document the case journal.  

 

If a Case Case Remains in Suspended Status for 12 Consecutive Months After Effective Date of Suspension, Then...

The EW must: 

  1. Terminate the CAPI case;

  2. Send a second NA 692 as a notice of termination; and 

  3. Document the case journal. 

 

If a Previous CAPI Participant Reapplies for CAPI After Termination of Their CAPI Case, Then...

The Case Opening Clerk must:

  1. Assign the same case number from the CAPI case that was terminated.  This new date of application after the termination will be the new protected application date, unless there is a favorable appeal decision on the part of the previous CAPI participant;

The EW must:

  1. Process as a new CAPI application.   

    Note:  An applicant is not entitled to retroactive benefits covering their period of ineligibility (refer to example 3 in the Examples section).   

Forms


Examples

Example 1 

A participant exceeds their resource limit for the month of September 2020; accordingly, CAPI benefits are suspended effective October 2020.  In February 2021, the participant provides evidence that, since December 2020, the amount of their resources has remained under the applicable resource limit.  When the EW finds that a suspended participant has regained eligibility, CAPI payments must begin immediately.  In this case, benefits should be reinstated retroactively to December 2020.  

 

Example 2 

The EW sent the participant a redetermination packet on March 3.  The participant is required to complete the paperwork and return it to the EW by April 3.  On April 7, the EW found the participant to be ineligible for benefits due to non-cooperation with the redetermination requirements.  Because of the participant’s failure to return the redetermination paperwork on April 3, the EW issued a suspension notice effective May 1.  On July 15, the participant provided the EW with all the information they had requested.  On July 25, the County finds the participant qualified to begin receiving CAPI benefits again.  The participant’s CAPI benefits will be retroactively reinstated as of May 1. 

 

Example 3 

At annual redetermination, the EW reviews Mrs. Stewart’s immigration status and determines that she is a “qualified alien.” Accordingly, the EW refers her to the local Social Security Administration (SSA) field office with instructions to apply for SSI/SSP within 30 days.   Mrs. Stewart fails to visit SSA and, after 30 days, the EW sends a NA 692 to inform her that her CAPI benefits have been suspended.  Mrs. Stewart does not file for a State hearing and does not contact the EW.  Twelve months after the suspension took effect, the EW sends Mrs. Stewart a second NA 692, this time indicating that her CAPI eligibility has been terminated. 

Two months after the EW issues the notice of termination, Mrs. Stewart appears at the Department of Public Social Services district office with an informal notice from SSA indicating that she has been denied SSI/SSP solely due to her immigration status. Although she has now cooperated with the EW’s request, it is too late to reinstate her CAPI benefits.  The EW must inform Mrs. Stewart that her case has been terminated 12 consecutive months after the effective date of the suspension has passed and that she may reapply by completing a new SOC 814 and starting the CAPI application process over.   She is not entitled to retroactive benefits covering her period of ineligibility due to non-cooperation with the County.  If Mrs. Stewart completes a new SOC 814, this is a new application with a new application number and a new protected application date.


System Screens

Creating a Recovery Account

Complete the required fields and click the Save and Continue radio button.

CalSAWS page for Recovery Account Detail with Save and Continue radio button highlighted

Re-opening Suspended Cases

Access the terminated case through the Case Summary page.

CalSAWS Case Summary Page

Expand the Program section and click on the View Details radio button.

CalSAWS page for Individual Demographics with View Details radio button highlighted

Click the Edit radio button.

CalSAWS page for CAPI Detail with Edit radio button highlighted

Click the Reapply radio button.

CalSAWS page for Program Persons in CAPI Detail page with Reapply radio button highlighted

Complete the required fields and click the Save and Return radio button.

CalSAWS page for New - Reapplication Detail with Save and Return radio button highlighted

The case should now show a pending status.

CalSAWS page showing pending status for CAPI

References


Obsolete Docs


Contact

Administrative staff may contact the GR Special Projects & SSI Advocacy Policy Section at (562) 908-6732.


Revision Date

N/A


Attachments for Internal Use

CAPI Proration Chart 1 of 3

Date Benefits
Restored

28-Day
Month

29-Day
Month

30-Day
Month

31-Day
Month

Date Benefits
Restored

1st

1.0000

1.0000

1.0000

1.0000

1st

2nd

.96

.97

.97

.97

2nd

3rd

.93

.93

.93

.94

3rd

4th

.89

.90

.90

.90

4th

5th

.86

.86

.87

.87

5th

6th

.82

.83

.83

.84

6th

7th

.79

.79

.80

.81

7th

8th

.75

.76

.77

.77

8th

9th

.71

.72

.73

.74

9th

10th

.68

.69

.70

.71

10th

11th

.64

.66

.67

.68

11th

 

CAPI Proration Chart 2 of 3

Date Benefits
Restored

28-Day
Month

29-Day
Month

30-Day
Month

31-Day
Month

Date Benefits
Restored

12th

.61

.62

.63

.65

12th

13th

.57

.59

.60

.61

13th

14th

.54

.55

57

.58

14th

15th

.50

.52

.53

.55

15th

16th

.46

.48

.50

.52

16th

17th

.43

.45

.47

.48

17th

18th

.39

.41

.43

.45

18th

19th

.36

.38

.40

.42

19th

20th

.32

.34

.37

.39

20th

21st

.29

.31

.33

.36

21st

22nd

.25

.28

.30

.32

22nd

 

CAPI Proration Chart 3 of 3

Date Benefits
Restored

28-Day
Month

29-Day
Month

30-Day
Month

31-Day
Month

Date Benefits
Restored

23rd

.21

.24

.27

.29

23rd

24th

.18

.21

.23

.26

24th

25th

.14

.17

.20

.23

25th

26th

.11

.14

.17

.19

26th

27th

.07

.10

.13

.16

27th

28th

.04

.07

.10

.13

28th

29th

 

.03

.07

.10

29th

30th

   

.03

.06

30th

31st

     

.03

31st


Attachments

Index

Glossary

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