Definitions

Abuse

Battering or subjecting a victim to extreme cruelty by:

Physical acts that resulted in or threatened to result in physical injury,
Sexual abuse,
Mental abuse,
Neglect or deprivation of medical care, or
Stalking.

Additionally, MPP Section 42-701.2(d)(3) as authorized by WIC Section 11495.1 defines "Domestic Abuse" as assaultive or coercive behavior which includes :

physical abuse,
sexual abuse,
psychological abuse,
economic control,
stalking,
isolation,
threats, or
other types of coercive behaviors occurring within a domestic relationship.

Per WIC Section 18938(a)(5), A sworn statement of abuse by a victim, or the representative of the victim if the victim is not able to competently swear, shall be sufficient to establish abuse if one or more additional items of evidence of abuse is also provided. Additional evidence may include, but is not limited to, the following:

Police, government agency, or court files;
Documentation from a domestic violence program, medical, or other professional from whom the victim has sought assistance in dealing with the abuse;
A statement from another individual with knowledge of the circumstances of abuse;
Physical evidence of abuse.
If the victim cannot provide additional evidence of abuse, then the sworn statement shall be sufficient if the county makes a determination documented in the case file that the applicant is credible.

A referral to Adult or Child Protective Services (APS or CPS) is MANDATORY for any claim or evidence of abuse.

Affidavit (New Version)

Affidavit of Support INS Form I-864, which is signed by the sponsor of an immigrant according to Section 213A of the INA on or after December 19, 1997. The sponsor-deeming period lasts until the immigrant naturalizes or can be credited with 40 qualifying quarters of work.

Affidavit (Old Version)

Affidavit of Support INS Form I-134 signed prior to December 19, 1997. The sponsor-deeming period lasts 3 years from the date the immigrant is admitted for permanent residence.

Battered Noncitizen

A battered non-citizen, child of a battered spouse, or parent of a battered child who has been battered or subjected to extreme cruelty in the United States by a spouse or parent, or by a member of the spouse’s or parent’s family residing in the same household, and the spouse or parent acquiesced in such battery or cruelty.

Eligibility for benefits as a qualified non-citizen exists only if, in the opinion of Agency staff, there is a substantial connection between such battery or cruelty and the need for benefits to be provided.

A referral of the battered non-citizen to Adult or Child Protective Services is MANDATORY.

Blind Work Expenses (BWEs)

Reasonable, unreimbursed expenses excluded from blind individuals’ earned income. A reasonable expense is the amount customarily charged for covered or similar services and supplies.

Consortium

A group of counties that have jointly agreed to have the CAPI program in each individual county administered by a single lead county within the group. Currently, there are 2 CAPI consortia in the state:

The Bay Area CAPI Consortium includes Alameda, Contra Costa, Marin, Merced, Monterey, Stanislaus, Santa Cruz, San Mateo, Solano, and Sonoma Counties. San Mateo is the processing county for this consortium.
The Sacramento, Orange and Northern Counties CAPI Consortium has a membership of 27 counties. Sacramento is the processing county.

Deeming

The process of considering another person’s income and resources as belonging to the CAPI applicant/ recipient for purposes of determining CAPI eligibility. Under federal rules, the deeming period differs depending upon which Affidavit of Support the sponsor signs.

The sponsor-deeming period for Extended CAPI applicants and recipients is 10 years, regardless of which affidavit of support the sponsor signed. Refer to Sponsor-Deeming Period.

Immigrants who are victims of abuse AND not residing in the same household as the person responsible for the abuse are exempt from the deeming provisions.

Eligible Couple

An individual eligible for CAPI and his or her eligible spouse. Refer to Spouse.

Eligible Individual

An aged, blind, or disabled individual who meets all the requirements for CAPI eligibility.

Eligible Spouse

An aged, blind, or disabled individual who is the husband or wife of another aged, blind, or disabled individual and who is living with that individual. For purposes of calculating CAPI benefits, a spouse who is receiving SSI/SSP is considered an eligible spouse. Refer to Spouse.

Household

A personal place of residence in which the residents (whether related or not) share common living quarters and function as a single economic unit.

Household of Another (HOA)

A living situation in which an individual lives in another person’s household for an entire month and receives ISM in the form of BOTH food and shelter from that person. A person cannot be placed in the HOA category if he or she:

Has ownership interest or rental liability, or
Is paying the pro-rata share of the household’s food and/or shelter expenses.

Household Operating Expenses

The household’s total monthly expenditures for food and shelter, except where those expenditures are paid for by someone outside the household.

Shelter expenses include household payments for rent, mortgage, property insurance required by mortgage holder, property taxes, heating fuel, gas, electricity, water, sewer and garbage collection service, except where those expenditures are paid for by someone outside of the household. Any expenses that are not listed above are not considered household operating expenses (e.g., lawn service, housekeeping, snow removal, telephone, cable and internet services). Condominium, space rental and association fees by themselves are not counted as household operating expenses.

Impairment-Related Work Expenses (IRWE)

Any work-related expenses for items or services directly related to enabling a person with a disability to work and which are necessarily incurred because of a physical or mental impairment.

Ineligible Children

A minor (under age 18) or an individual who is under the age of 22 and who is a student regularly attending school, college or training that is designed to prepare him or her for a paying job, and who:

Is neither married nor is a head of household, and who
Is neither receiving SSI nor CAPI nor is awaiting a decision on an SSI or CAPI application, and who
lives with the applicant/recipient, and who
the applicant/recipient has legal responsibility for.

Ineligible Spouse

Someone living with the applicant or recipient as husband or wife who is NOT eligible for CAPI or SSI/SSP, or has not applied for either benefits. Refer to Spouse.

Note: An ineligible spouse is NOT a person who, although legally married to the applicant/recipient, lives apart from the applicant/recipient.

In-Kind Support and Maintenance (ISM)

Shelter that is given to a recipient or that the recipient receives because someone else pays for is considered ISM. ISM can be received from someone living in the same household or from outside the household.

Interim Assistance

Both CAPI and GA paid during the period that an SSI/SSP application is pending. Reimbursement of Interim Assistance is provided for the period beginning with the first month of SSI/SSP eligibility, and ending with (and including) the month that the individual’s SSI/SSP payments begin. Reimbursement must be completed within 10 working days from the date the retroactive SSI/SSP payment is received by the County. Refer to Interim Assistance/Reimbursement (IAR),” page 14-1.

Look-Back Period

A term used in the determination of eligibility when resources have been transferred. The look-back period begins with the look-back date, which is the date 36 months before the date of filing the CAPI application or the date on which the resources were transferred, whichever is later. This means that any resources transferred up to 36 months prior to the CAPI application date, or anytime thereafter will be subject to the resource transfer provision. However, the look-back period cannot begin prior to December 14, 1999 (the date the law was signed).

New Entrant

An immigrant who entered the United States on or after August 22, 1996.

Plan for Achieving Self-Support (PASS)

A plan of action for a blind or disabled individual under age 65 for obtaining self support. Income and resources set aside for the plan expenses are excluded is they that are determined to be reasonable and necessary to fulfill an approved PASS. The plan must be in writing and must indicate the plan of action for obtaining a particular job or for starting a business. The plan must be approved by the County. Any money saved for a PASS must be kept separate from other resources.

Because a PASS is only available to persons under age 65, this situation is uncommon in the CAPI population. If it does occur, a Social Worker must be involved in establishing an appropriate plan.

Presumed Maximum Value (PMV)

The maximum amount of ISM that can be attributed to an applicant or recipient. The value of the PMV is equal to one-third of the federal SSI benefit plus $20. The PMV value is included in the CAPI Payment Standards chart.

Pro-rata share

The average monthly household operating expenses divided by the number of people in the household, regardless of age (i.e., including children).

PRUCOL

Persons who are Permanently Residing Under Color of Law, in the United States with the knowledge and permission of the INS.

PRUCOL categories for CAPI purposes are:

A non-citizen subject to an Order of Supervision.
On whose behalf an immediate relative petition (USCIS Form I-130) has been approved and who is entitled to voluntary departure and whose departure the USCIS does not contemplate enforcing.
A non-citizen who have properly filed an application for an adjustment to lawful permanent resident status under Section 245 of the INA that USCIS has accepted as “properly filed” and whose departure USCIS does not contemplate enforcing.
determination by USCIS under Section 106 of the INA and whose departure USCIS does not contemplate enforcing.
Residing in the United States under an indefinite voluntary departure.
Granted voluntary departure under Section 242(b) of the INA or 8 CFR 242.5 whose departure USCIS does not contemplate enforcing.
A non-citizen in deferred action status.
Who entered and have continuously resided in the United States prior to January 1, 1972 or any date established by Section 249 of the INA.
Granted a suspension of deportation pursuant to Section 244 of the INA whose departure USCIS does not contemplate enforcing.
A non-citizen granted an indefinite stay of deportation.
Granted lawful temporary resident status under Section 245A of the INA (Immigration Reform and Control Act of 1986).
A non-citizen from the Republic of Marshall Island (RMI), Federated States of Micronesia (FSM), or the Republic of Palau.
A non-citizen not in one of the above categories, who can show that:
- USCIS knows he/she is in the United States; and
- USCIS does not intend to deport him/her, either because of the person’s status category or individual circumstances.

Public Assistance Household

A household in which at least one member receives one or more public income maintenance (PIM) payments. Such payments include CalFresh/CFAP, CalWORKs, RCA, Cuban and Haitian Entrant Cash Assistance, GA, SSI/SSP, Assistance based on need, Bureau of Indian Affairs, Veterans Affairs payments (that are based on need), and disaster assistance (due to a presidentially declared disaster).

Qualified Non-Citizen

Any non-citizen who is:

Lawfully Admitted for Permanent Residence (LAPR);
Granted Cuban/Haitian entrant status;
A refugee who entered the United States under Section 207 of the INA;
Granted status as an asylee under Section 208 of the Immigration and Nationality Act (INA);
A non-citizen whose deportation or removal is being withheld;
Paroled into the United States for a period of at least one year;
A conditional entrant admitted to the United States under Section 203(a)(7) of the INA as in effect before April 1, 1980; or
A battered immigrant, or is a child of a battered spouse, or a parent of a battered child, with a petition pending under the INA.

Spouse

For CAPI purposes, a husband or wife under any of the following conditions:

Legally married under the laws of California, or the state where they had their permanent residence while living together;
If either member is entitled to the other’s Social Security benefits as the spouse of the other; or
Living together in same household and both lead people to believe that they are husband and wife.

[Refer to Eligible Spouse and Ineligible Spouse.

SSI/SSP

Supplemental Security Income/ State Supplementary Payment, the federal (SSI) and state (SSP) funded program that provides cash assistance to aged, blind, and disabled residents of California.

Substantial Gainful Activity (SGA)

Work activity done for pay or profit, usually with average earnings of more than $700 per month.

Suspension

Stoppage of CAPI benefit payments, effective the first day of a month in which an individual no longer meets all eligibility requirements, does not require a new application for CAPI benefits to be restored.

Termination

An event which requires an individual to file a new application for CAPI, occurring after 12 consecutive suspension months.