You may be eligible for CAPI if you:

• Live in California,
• Are a legal immigrant,
• Are 65 years of age or older, blind, or disabled, and
• Can’t get SSI because of your immigration status.

If you meet those basic requirements, there are other immigration status, resource, and income rules:

Eligibility: Immigration Status

When you enter the country, the U.S. Citizen and Immigration Services agency gives you a certain immigration status. CAPI considers this status when figuring out if you are eligible for a benefit. CAPI is for immigrants classified either as Qualified Aliens or as Permanently Residing Under Cover of Law (PRUCOL). See the glossary definitions of these terms for a detailed description of these categories. CAPI is set up for people who can’t get SSI because of changes to the eligibility rules that went into effect on August 22, 1996, so your eligibility for the program depends on that date.

If you entered the United States before August 22, 1996, you may be eligible for CAPI if you are:

• A Qualified Alien who is 65 or over, who lawfully resided in the United States on August 21, 1996

• An alien who is aged (65 years old or older), blind, or disabled PRUCOL

• A Qualified Alien victim of battery or abuse

If you entered the United States on or after August 22, 1996, your sponsorship matters. You may be eligible for CAPI if you are:

• An aged, blind, or disabled Qualified Alien whose sponsor (or sponsor’s spouse) is dead, disabled, or abusive

• An aged, blind, or disabled Qualified Alien or PRUCOL who either doesn’t have a sponsor, or whose sponsor isn’t dead, disabled or abusive.

• A Qualified Alien victim of battery or abuse

Eligibility: Resources & Income

Besides the immigration status requirements, there are also resource and income limits that you have to meet to be eligible for CAPI. These requirements are generally the same as they are in the SSI program. Like SSI, CAPI does not count all of your income and resources when figuring out if you are eligible for the program. If the amount that they count towards the program is less than the limits, then you are eligible.

CAPI's countable resource limit is $2000 for individuals and $3000 for couples. CAPI does not count certain things, like your house, when figuring out if you meet the resource requirements. Click here for a list of resource exclusions. CAPI’s countable resource limit is $2000 for individuals and $3000 for couples.

The income limits are used to determine your eligibility for the program and your benefit amount. This process is very similar to SSI’s countable income calculation, and includes earned, unearned, and deemed (see below) income. CAPI compares your countable income to the amount of money you’re eligible to receive. If your countable income is greater than the amount you’re eligible for, then you can’t get a benefit. For example, if you’re eligible to receive $860, and you have $900 in countable income, you aren’t eligible for CAPI. If your countable income is less than the amount you’re eligible for, then you are eligible, and the difference between the two amounts is your benefit. For example, if you’re eligible to receive $860, and you have $400 of countable income, you’ll get a $460 benefit. The amount you’re eligible for is called a payment standard and is based on your living arrangements and disability. CAPI uses the same categories as SSI, but the benefit amount is $10 less for individuals and $20 less for couples. Click here and scroll to the bottom of the document for a table that lists the 2008 CAPI payment standards.

Eligibility: Sponsor Deeming

Having a sponsor may affect your eligibility for CAPI. When figuring out your income and resource amounts, CAPI adds your sponsor’s income and resources to yours. They will also add your sponsor’s spouse’s income and resources. This is a process called deeming. For example, if you have $500 in countable resources and your sponsor has $1000 in countable resources, CAPI will add the two figures together and say that you have $1500 in countable resources. Income and resources are deemed regardless of whether or not the sponsor is actually giving them to you. Deeming also applies if you have a spouse who is ineligible for CAPI, and if you have a minor child applying for CAPI benefits, your income will be deemed to the child.

The CAPI deeming rules are complex. The period of time and amount of your sponsor’s income and resources that are deemed to you depend on when you entered the county, which type of affidavit of support your sponsor signed, and whether or not your sponsor is dead, disabled, or abusive. For example, income and resources won’t be deemed to you if your sponsor has abused you or your child. This deeming exception lasts for either one year from the date you receive your first CAPI, or indefinitely, depending on what petition was filed with the Immigration and Naturalization Service (INS). If you can’t afford food, clothing, or shelter, you may also be able to avoid deeming through the indigence exception.

People Not Eligible For CAPI Benefits

You will not be eligible for CAPI if you are:

• A U.S. Citizen
• Receiving SSI benefits
• Living in a public institution, such as a public hospital or jail, for an entire calendar month
• Not a resident of California
• Uncooperative with program requirements
• A fleeing felon

Responsibilities

It’s very important that you report changes in your immigration status, income, resources, marital status, living arrangement, and sponsor information. If CAPI finds out that you misled them, they will charge you an overpayment, which means you have to pay back the excess money. There are ways to have overpayments waived, but you should avoid them in the first place. Lying or withholding information may also affect your CAPI eligibility.

Application Process

You can apply for CAPI at your County Welfare Office. Because CAPI involves immigration status, living arrangements, and income and resource information about both you and your sponsor, you’ll have to fill out a number of forms. You will also have to prove that you have been denied SSI based solely on your immigration status. If you can’t, you’ll have to apply for an SSI benefit while your application is being processed.

Because CAPI and Medi-Cal share some eligibility requirements, you’ll fill out a Medi-Cal application when you apply for CAPI. While it’s possible to qualify for both programs at once, they have different eligibility requirements, and you don’t necessarily qualify for both if you qualify for one. The CAPI program will also require that you apply for any other benefits you may qualify for, such as State Disability Insurance, Veterans Benefits, SSI or SSDI, before it will approve your application. The county offices have CAPI SSI Advocacy Programs that can help you with your SSI application.

Sources

The following links are provided for those who want detailed information on CAPI. For those looking for more general information, please go to Db101’s CAPI Resources page.

The CAPI code is found in the Welfare and Institutions Code, Section 18940. (Click on the box next to “Welfare and Institutions” and search for “18940”).

The Department of Social Services describes CAPI eligibility requirements in Section 49-001 to 49-070 of their Eligibility and Assistance Manual.

Department of Social Services All County Letters are available online.

The Los Angeles Department of Social Services has their CAPI Handbook available online.