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Background
Background
The CAPI is entirely state-funded. The program must be administered by a county or consortium of counties and supervised by the CDSS.
Basic eligibility criteria for CAPI, with a few exceptions, are the same as those for SSI/SSP.
Legislation
AB 2779, Statutes of 1998
AB 2779 established the CAPI to provide cash assistance to aged, blind, and disabled immigrants who could no longer be eligible for the SSI/SSP Program. The CAPI program was implemented on November 1, 1998, and was scheduled to become inoperative on July 1, 2000. Subsequent legislation extended the CAPI program indefinitely. Refer to AB 1111, Statutes of 1999 and SB 708, Statutes of 1999.
The basic CAPI eligibility requirements are that the immigrant:
- Successfully complete an application process;
- Meet immigration status requirements in effect for SSI/SSP eligibility as of August 21, 1996;
- Be ineligible for SSI/SSP solely due to his or her immigration status; and
- Meet all other current SSI/SSP eligibility criteria.
The 1998 statutes placed an additional restriction on immigrants who entered the United States 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.
AB 1111, Statutes of 1999
Effective July 22, 1998, AB 1111 did the following:
- Extended the CAPI program indefinitely.
- Created time-limited CAPI eligibility beginning October 1, 1999, and ending September 30, 2000, for certain immigrants who entered the country on or after August 22, 1996. Refer to Extended Program.
- Exempts immigrants who are victims of abuse by their sponsor or sponsor’s spouse from sponsor-deeming regardless of whether they live with the person responsible for the abuse.
SB 708, Statutes of 1999
Effective July 22, 1999, SB 708 makes the following changes for immigrants who are eligible only for the time-limited CAPI benefit under conditions of AB 1111 described above:
- Changes the sponsor-deeming period for time-limited CAPI recipients and applicants to 5 years, regardless of which Affidavit the sponsor signed.
- Specifies that the 5-year sponsor-deeming period starts from the date the sponsor executed the Affidavit or the date of the immigrant’s arrival in the United States, whichever is later.
AB 2876, Statutes of 2000
Trailer Bill AB 2876, amends Welfare and Institutions Code 18938 to extend time-limited CAPI until September 30, 2001.
AB 429, Statutes of 2001
Effective August 1, 2001, AB 429 makes the following changes for immigrants who are eligible for time-limited CAPI:
- Changes the name of “Time-Limited CAPI” to “Extended CAPI.”
- Eliminates the sunset date for time-limited CAPI eligibility, previously extended by AB 2876, and
- Extends the sponsor-deeming period from 5 years to 10 years.
SB 84, Statues of 2007
Effective August 24, 2007, SB 84 provides a conditional continuation of CAPI benefits for recipients who become naturalized U.S. citizen while receiving CAPI benefits. However, the recipient must meet the following conditions in order to be eligible for Conditional CAPI:
- Remain otherwise eligible for CAPI. and
- Request Conditional CAPI benefits by completing the mandatory “Request for Conditional CAPI after Naturalization pending SSI/SSP Eligibility Determination Form” (SOC 830) within 30 calendar days from when they inform the eligibility worker of immigration status change, and
- Apply for SSI/SSP in a timely manner, provide proof of application, and fully cooperate in the application/appeal process of the SSA.
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