Conditional CAPI for Naturalized U.S. Citizens

SB 84, which was signed into law on August 24,2007, and W&IC section 18939.5 provide Conditional CAPI benefits for individuals who become a naturalized U.S. citizen while in the CAPI program, and receiving CAPI benefits. Conditional CAPI benefits begin the following month after the recipient has reported his/her naturalization, the CAPI recipient must meet ALL the conditions outlined in 3.3.1.

Client Responsibilities

The CAPI recipient must:

  • 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 of reporting his/her immigration status change, and
  • File for SSI/SSP application within 30 calendar days of signing the SOC 830, provide proof of application, and fully cooperate in the application/appeal process of the SSA.
  • Complete a new “Authorization for Reimbursement of Interim Assistance Initial Payment or Initial Posteligibility Payment” (SSP 14) form with a 2nd referral to SSA.
  • Acknowledge that he/she is obligated to repay any overpayments should he/she fails to comply with the eligibility conditions.
  • Regardless of the status of the SSI/SSP application, should the client lose his/her CAPI eligibility for any reason other than naturalization, the Conditional CAPI will be terminated, and the client can NOT be reinstated back on CAPI or Conditional CAPI indefinitely.

ExampleExample

Mr. Lee, who was receiving CAPI, became a naturalized U.S. citizen on 9/30/2007. He reports his naturalization sometime during the month of 10/2007, requests Conditional CAPI and is referred to Social Security to apply for SSI/SSP. While waiting for his SSI application to be approved, Mr. Lee leaves the U.S. to visit relatives for 45 days. Mr. Lee has become ineligible for CAPI by being outside of the U.S. for over 30 days, and therefore must be terminated from Conditional CAPI and can NOT be reinstated back on CAPI, even if the SSI/SSP application is denied.

Note: Current overpayment rules still apply to any regular CAPI benefits received by the individual after his/her date of naturalization, up to the date that naturalization is reported.
Refer to Overpayment chapter.

Related Topics

Definitions