DPSS ePolicy

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

To be eligible for Cash Assistance Program for Immigrants (CAPI), an applicant/participant must meet all CAPI requirements (refer to 49-010: Eligibility for CAPI). One of the CAPI requirements is the CAPI applicant’s/participant’s ineligibility for Supplemental Security Income/State Supplementary Payment (SSI/SSP) solely due to their immigration status.

The SSI/SSP ineligibility requirement must be verified by one of the following:

1. A formal denial letter from Social Security Administration (SSA) issued within the past six months of the CAPI application/redetermination showing the applicant/participant is ineligible for SSI/SSP solely due to their immigration status;
   
   
2. An informal denial letter (L-991), or other verification from SSA issued within the past six months of the CAPI application/redetermination showing the applicant/participant is ineligible for SSI/SSP solely due to their immigration status;
   
   
3. Verification that an SSI/SSP application has been filed, and pending SSA’s final determination (this includes pending appeals related to the CAPI applicant’s/participant’s disability or immigration status); or
   
   
4. A worker’s determination that the CAPI applicant/participant is not a Qualified Alien (refer to 49-020: Immigration Status – Qualified Alien) or their immigration status is one of the Permanently Residing Under Color of Law (PRUCOL) categories for CAPI purposes (refer to 49-020.1: Immigration Status - PRUCOL).

The California Department of Social Services (CDSS) requires that each CAPI participant’s ineligibility for SSI/SSP must be re-determined at the annual redetermination process (refer to 49-070: Redeterminations).            

As stated in the All County Letter (ACL) No. 98-82, Cash Assistance Program for Immigrants (CAPI), dated October 16, 1998, a CAPI applicant/participant must be ineligible for SSI/SSP based solely on their immigration status. Since the SSI/SSP immigration status rules are complex, and may change over time, a CAPI applicant/participant must provide verification from the SSA that they are ineligible for SSI/SSP solely due to their immigration status. Any CAPI applicant/participant who fails to file or appeal an SSI/SSP application, following a worker’s referral, is ineligible for CAPI and their CAPI benefits should be denied or suspended/terminated. 

Immigration Status

Refers to an individual’s legal position with regard to their presence in the United States (U.S.). “In status” means that an individual has a legal right to be present in the U.S. under existing law, and “out of status’ means that an individual does not currently have a legal right to be present in the U.S..

PRUCOL

Means persons who are Permanently Residing Under Color of Law and refers to non-citizens residing in the U.S. with the knowledge and permission of the U.S. Citizenship and Immigration Services (USCIS), and the USCIS does not contemplate enforcing their departure. For CAPI purposes, PRUCOL refers to the specific non-citizen categories listed in 20 CFR. 416.1618 unless the category is also listed in the definition of Qualified Alien listed below (refer to 49-020.1: Immigration Status – PRUCOL).

Qualified Alien

Means non-citizens who meet the definition of Qualified Alien as described in Section 431 of Public Law 104-193, as amended (refer to 49-020: Immigration Status – Qualified Alien).

SSI/SSP

Refers to federal (SSI) and state (SSP) funded program that provides cash assistance to aged, blind, and disabled residents of California. The SSA manages SSI/SSP for the state of California. 

1. A CAPI applicant/participant with a “qualified alien” immigration status (refer to 49-020: Immigration Status) or their immigration status is not one of the PRUCOL groups for CAPI purposes (refer to 49-020.1: PRUCOL) or whom the worker believes is eligible for SSI/SSP must apply/reapply for SSI/SSP.
   
   
2. A CAPI applicant/participant who has been referred by their worker to SSA must provide the worker with verification that they’ve applied/re-applied for SSI/SSP. If the CAPI applicant/participant fails to do so within 30 calendar days, they will not be eligible to receive/continue to receive CAPI benefits unless the worker verifies that they had good reason (example: hospitalization) for not filing within the 30 calendar day period.
   
   
3. A CAPI applicant/participant is ineligible for CAPI if they are:
   
   
   • Eligible for SSI/SSP; or
     
     
   • Ineligible for SSI/SSP for a reason other than immigration status alone (example: CAPI applicant/participant exceeds the income limit or under 65 years old and SSA verified that individual is not disabled).

SSI/SSP Ineligibility

• A formal denial letter from SSA.
  
  
• An informal denial letter, or other verification from SSA. 
  
  
• Verification that an SSI/SSP application is currently pending, which includes a pending appeal related to the CAPI applicant’s/participant’s disability or immigration status.

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