49-055.4 Couple Cases

CAPI

49-055.4 Couple Cases

Release Date

07/28/2020

Section Heading

Purpose

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

Policy

Cash Assistance Program for Immigrants (CAPI) couples may no longer apply for CAPI or certify continued eligibility together on a single form. Each person applying for CAPI or recertifying must complete their own SOC 814, "Statement of Facts Cash Assistance Program for Immigrants (CAPI)" or SOC 804, "Statement of Facts for Determining Continuing Eligibility for the Cash Assistance Program for Immigrants (CAPI)", and must document household expenses on their own on SOC 453, "Cash Assistance Program for Immigrants (CAPI) Statement of Household Expenses and Contributions".

If both members of a married couple are found eligible for CAPI, the benefit amount will be determined by using the couples’ payment standard and the monthly payment divided evenly among the spouses. Each of the spouses will receive their own CAPI payment each month. A separate Notice of Action (NOA) must be sent to each spouse when the CAPI benefits are approved, denied, suspended, terminated, reinstated, or changed.

Background

Per All County Letter (ACL) 18-46, each member of a couple who is seeking CAPI benefits must sign the completed application forms. Social Security Administration (SSA) requires that each individual seeking Supplemental Security Income/State Supplementary Payment (SSI/SSP) benefits must file a valid application which gives each individual the right to receive a written determination of eligibility and the ability to appeal the written determination. As the CAPI program is statutorily required to follow SSI/SSP eligibility laws and regulations, it is imperative that each member of a CAPI couple has their own CAPI case number and receive their own NOAs.

Definitions

Terms and Definitions

Applicant

An individual who applies for CAPI.

Eligible Couple

An eligible individual and their eligible spouse (refer to 49-050: Living Arrangements and Benefits Categories).

Eligible Individual

An aged, blind, or disabled individual who meets all the requirements for CAPI eligibility (refer to 49-050: Living Arrangements and Benefits Categories).

Eligible Spouse

An aged, blind, or disabled individual who meets all CAPI eligibility requirements (including filing an application) and is the spouse of another aged, blind, or disabled individual and who is living with that individual. For purposes of calculating the CAPI benefit, a spouse who is receiving SSI/SSP will be considered an eligible spouse (refer to 49-050: Living Arrangements and Benefits Categories).

Household

A personal place of residence in which the individual(s) share common living quarters and function as a single economic unit. For purposes of determining living arrangements and in-kind support and maintenance, members of a household need not be related by blood or marriage but must live together in a single dwelling and function as an economic unit. A person who is temporarily absent from a household is still a member of the household (refer to 49-050: Living Arrangements and Benefits Categories).

Household Operating Expenses

The household's total monthly expenditures for food, rent, mortgage, property insurance required by the mortgage holder, property taxes, heating fuel, gas, electricity, water, sewer, and garbage collection service, except where those expenditures are paid for by someone outside the household. Condominium, space rental and association fees by themselves are not household operating expenses. However, these fees may include charges for household expenses and to the extent they are identified as such, should be counted in the computation of in-kind support and maintenance (refer to 49-050: Living Arrangements and Benefits Categories).

In-kind Support and Maintenance (ISM)

Food, clothing or shelter that is given to a CAPI participant for free or the participant receives for free because someone else pays for it. ISM can be received from someone living in the same household or from outside the household.

Note: Shelter expenses includes room, rent, mortgage payments, property taxes, heating, fuel, gas, electricity, water, sewer and garbage services. Mobile home space rental is not a shelter expense.

Ineligible Spouse

Someone living with the applicant or recipient as husband or wife who is not eligible for CAPI or SSI/SSP. An otherwise eligible spouse who does not apply for CAPI or SSI/SSP is considered an ineligible spouse (refer to 49-050: Living Arrangements and Benefits Categories).

Participant

An individual who has an approved CAPI case.

Sponsor

A person who has executed an Affidavit of Support agreeing to support an immigrant as a condition of the immigrant’s admission for permanent residence in the U.S. (refer to 49-037: Sponsor Deeming).

Sponsored Immigrant

An immigrant on whose behalf a sponsor has executed an Affidavit of Support (refer to 49-037: Sponsor Deeming).

Spouse

The definition of a married couple follows California Law which includes same-sex marriages. A spouse is defined under any of the following conditions:

Legally married under the laws of California, or the state where the applicant/participant had their permanent residence while living together;
Either member of the couple is entitled to the spouse’s Social Security Disability Insurance benefits as the spouse of the other; or
The applicant/participant resides with an unrelated person of the opposite or same sex in the same household and both lead people to believe they are spouses.

SSI/SSP

The federal (SSI) and state (SSP) funded program that provides cash assistance to aged, blind, and disabled residents of California (refer to 49-030: Ineligibility for SSI/SSP).

Requirements

A married couple may apply for CAPI by each completing the following documents as part of the CAPI application:

SOC 814, "Statement of Facts Cash Assistance Program for Immigrants (CAPI)";
SOC 453, "Cash Assistance Program for Immigrants (CAPI) Statement of Household Expenses and Contributions";
SSP 14, "Authorization for Reimbursement of Interim Assistance Initial Claim of Post Eligibility Case" (09/10); and
SOC 455, "Cash Assistance Program for Immigrants State Interim Assistance Reimbursement Authorization".

At Redetermination, each spouse in the married couple must complete the following set of documents separately as part of the process:

SOC 804, "Statement of Facts for Determining Continuing Eligibility for CAPI";
SOC 453, "Cash Assistance Program for Immigrants (CAPI) Statement of Household Expenses and Contributions";
SSP 14, "Authorization for Reimbursement of Interim Assistance Initial Claim of Post Eligibility Case"; and
SOC 455, "Cash Assistance Program for Immigrants State Interim Assistance Reimbursement Authorization".

The following documents are required when the applicant is a sponsored immigrant, who is still within the ten-year sponsor deeming period:

SOC 860, "Sponsor’s Statement of Income and Resources" (required only after DPSS has denied applicant’s request for an indigence exception from sponsor deeming). Completed by sponsor (and sponsor’s spouse, if applicable); and
SOC 809, "Cash Assistance Program for Immigrants Indigence Exception Statement" (completed by applicant if applying for an indigence exception).

Additional documents and verification may be required, as applicable. The basic CAPI eligibility requirements are that the immigrant (refer to 49-010: Eligibility for CAPI):

Successfully completes the application process;
Meets immigration status requirements in effect for SSI/SSP eligibility as of August 21, 1996;
Be ineligible for SSI/SSP solely due to their immigration status; and
Meets all other current SSI/SSP eligibility criteria.

The 1998 statutes placed an additional restriction on immigrants who entered the United States (U.S.) on or after August 22, 1996. These new entrants, in addition to meeting the above requirements for CAPI eligibility, must also have a sponsor who is deceased or disabled, or the immigrant must be a victim of abuse by the sponsor or the sponsor’s spouse.

Verification Docs

CAPI applicants must provide the following verifications in addition to completing the documents required for their CAPI application, if applicable:

Identity Documents

Driver’s license or State ID card or relevant photographic documentations identifying the applicant/participant.

Immigration Documents

Resident Alien Card or other residency/immigration documents with evidence of applicant’s/participant’s current legal immigration status.

Proof of Age

Applicant’s/participant’s passport, birth certificate, U.S. Citizenship and Immigration Services documents, SSI or Title II Social Security forms, Medi-Cal, or other records (including baptismal or other religious certificate) indicating the applicant is at least 65 years of age.

Proof of California Residency

Driver’s license or State ID card, or current letter mailed to applicant’s/participant’s address.

Proof of Expenses

Rental Agreement, housing and utility costs such as rent receipts or utility bills showing the applicant’s/participant’s name and amount due, and all other relevant documentations.

Proof of Income and Resources

Current pay stubs showing gross monthly income and dates received, copy of last year federal income tax return, copies of award letters, all current bank statements, unemployment insurance, Social Security, worker’s compensation, Veterans Administration income checks, disability insurance, copy of loan papers (with the name of CAPI applicant/participant receiving the loan, the amount and current balance), child support and/or spousal support award letter, property statements, vehicle registrations, life and/or burial insurance policies, life estate agreement, and all other relevant documentations.

Proof of SSI Ineligibility

Denial letter from SSA issued within the last six months.

Sponsor Verifications

Pay stubs, bank statements, tax records, rent receipts, proof of property ownership, and all relevant documentations from all sponsors.

Attachments

N/A

DPSS ePolicy

NAVIGATION