49-005 SPECIAL DEFINITIONS

(a) (1) "Affidavit (New version)" or “New Affidavit of Support” refers to INS Form I- 864, Affidavit of Support under Section 213A of the Immigration and Nationality Act (INA), which is completed and signed by the sponsor. Certain immigrants are inadmissible to the United States as an alien likely to become a public charge, unless a sponsor has executed a Form I-864. An affidavit of support is executed when a sponsor signs a Form I-864 before a notary public or an Immigration or Consular Officer and that Form I-864 is submitted to an Immigration or Consular officer. Under Section 213A of the INA, the new Affidavit is a legally enforceable contract between the sponsor and the Federal Government, for the benefit of the sponsored immigrant and of any Federal, State, or local government agency or entity that provides the sponsored immigrant with any means-tested public benefit. The new Affidavit is required for all applications for immigrant visas or for adjustment of status filed on or after December 19, 1997. (2) "Affidavit (Old version)" or “Old Affidavit of Support” refers to INS Form I-134 that was signed prior to the formulation and implementation of the new version of the Affidavit (see (1) above). (b) “Basic CAPI” refers to the original eligibility component of CAPI, as set forth in Welfare and Institutions Code Sections 18938(a)(1) and (2), for which the earliest possible payment date was December 1, 1998. A non-citizen is potentially eligible for basic CAPI if he or she: Effective 10/16/03 Entered the United States prior to August 22, 1996 or (B) Entered the United States on or after August 22, 1996 and 1. Has a sponsor who is deceased or disabled (as defined in MPP Section 49-020.312) or 2. Is a victim of abuse by the sponsor or the sponsor’s spouse. (c) (1) "Consortium" means 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. (d) (1) “Department” means the California Department of Social Services. (e) (1) "Eligible Couple" means an eligible individual and his or her eligible spouse. (2) "Eligible individual" means an aged, blind, or disabled individual who meets all the requirements for CAPI eligibility. (3) "Eligible spouse" means an aged, blind, or disabled individual who meets all CAPI eligibility requirements (including filing an application) and is the husband or wife of another aged, blind, or disabled individual and who is living with that individual. (For purposes of calculating the CAPI benefit, a spouse who is receiving SSI/SSP will be considered an eligible spouse.) (4) “Extended CAPI,” refers to the more recent eligibility component of CAPI, as set forth in Welfare and Institutions Code Section 18938(a)(3), for which the earliest possible payment date was October 1, 1999. A non- citizen is potentially eligible for extended CAPI if he or she entered the United States on or after August 22, 1996 and also meets one of the following criteria: (A) Does not have a sponsor. (B) Has a sponsor who is NOT deceased or disabled. (C) Has a sponsor and is NOT a victim of abuse by the sponsor or the sponsor’s spouse. (f) (Reserved) Effective 10/16/03 (g) (Reserved) (h) (1) "Household" means a personal place of residence in which the individual(s) share common living quarters and function as a single economic unit. For purposes of determining living arrangements and in- kind support and maintenance, members of a household need not be related by blood or marriage, but must live together in a single dwelling and function as an economic unit. A person who is temporarily absent from a household is still a member of the household. (2) "Household operating expenses" means the household's total monthly expenditures for food, rent, mortgage, property insurance required by the mortgage holder, property taxes, heating fuel, gas, electricity, water, sewer, and garbage collection service, except where those expenditures are paid for by someone outside the household. Condominium, space rental and association fees by themselves are not household operating expenses. However, these fees may include charges for household expenses and to the extent they are identified as such, should be counted in the computation of in-kind support and maintenance. (i) (1) "Ineligible parent" means a natural or adoptive parent or the parent’s spouse who is not eligible for CAPI or SSI/SSP and lives with a minor child who is the CAPI applicant or recipient. (2) "Ineligible spouse" means someone living with the applicant or recipient as husband or wife who is not eligible for CAPI or SSI/SSP. An otherwise eligible spouse who does not apply for CAPI or SSI/SSP is considered an ineligible spouse. (j) (Reserved) (k) (Reserved) (l) (Reserved) (m) (Reserved) (n) (Reserved) (o) (Reserved) (p) (1) "Presumed Maximum Value" (PMV) means the maximum value that can be attributed to in-kind support and maintenance received by the applicant or recipient for purposes of determining the countable income. The value of the PMV is equal to one-third of the federal SSI benefit plus $20. Effective 10/16/03 (2) "Pro Rata Share" means the average monthly household operating expenses (based on a reasonable estimate if exact figures are not available) divided by the number of people in the household, regardless of age. (3) "PRUCOL" means persons who are Permanently Residing Under Color of Law and refers to non-citizens residing in the United States with the knowledge and permission of the Immigration and Naturalization Service (INS), and the INS 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. The PRUCOL categories for CAPI purposes are: (A) A non-citizen subject to an Order of Supervision. (B) A non-citizen on whose behalf an immediate relative petition (INS Form I-130) has been approved and who is entitled to voluntary departure and whose departure the INS does not contemplate enforcing. (C) A non-citizen who has properly filed an application for an adjustment to lawful permanent resident status under Section 245 of the INA that INS has accepted as "properly filed" and whose departure INS does not contemplate enforcing. (D) A non-citizen granted a stay of deportation by a court order, statute, or regulation or by individual determination by INS under Section 106 of the INA and whose departure INS does not contemplate enforcing. (E) A non-citizen residing in the United States under an indefinite voluntary departure. (F) A non-citizen granted voluntary departure under Section 242(b) of the INA or 8 CFR 242.5 whose departure INS does not contemplate enforcing. (G) A non-citizen in deferred action status. (H) A non-citizen who entered and has continuously resided in the United States since before January 1, 1972 or any date established by Section 249 of the INA. (I) A non-citizen granted a suspension of deportation pursuant to Section 244 of the INA whose departure INS does not contemplate enforcing. (J) A non-citizen granted an indefinite stay of deportation. Effective 10/16/03 A non-citizen granted lawful temporary resident status under Section 245A of the INA (The Immigration Reform and Control Act of 1986). (L) A non-citizen not in one of the above categories, who can show that: (1) INS knows he/she is in the United States; and (2) INS does not intend to deport him/her, either because of the person’s status category or individual circumstances. (q) (1) "Qualified Alien" means non-citizens who meet the definition of Qualified Alien as described in Section 431 of Public Law 104-193, as amended. Falling within that definition of Qualified Alien is any non-citizen who is: (A) Lawfully Admitted for Permanent Residence (LAPR). (B) Granted Cuban/Haitian entrant status. (Section 501(e) of the Refugee Education Assistance Act of 1980). (C) A refugee who entered the United States under Section 207 of the INA. (D) Granted status as an asylee under Section 208 of the INA. (E) A non-citizen whose deportation is being withheld under Section 243(h), or whose removal is being withheld under Section 241(b)(3) of the INA. (F) A non-citizen paroled into the United States for a period of at least one year under Section 212(d)(5) of the INA. (G) A conditional entrant admitted to the United States under Section 203(a)(7) of the INA as in effect before April 1, 1980. (H) A battered non-citizen, child of a battered spouse, or parent of a battered child (as defined in MPP Section 49-005(b)(1) above) with a petition pending under Section 204(a)(1)(A) or (B) or 244(a)(3) of the INA. Effective 10/16/03 HANDBOOK BEGINS HERE (1) For purposes of this program, the definition of Section 49- 005(q)(1)(H) means: (1) an alien who-- (A) has been abused, as specified in Section 49-020.313, in the United States by a spouse or a parent, or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented to, or acquiesced in, such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and (B) has been approved or has a petition pending which sets forth a prima facie case for-- (i) status as a spouse or a child of a United States citizen pursuant to clause (ii), (iii), or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act, (ii) classification as a spouse or child of a noncitizen lawfully admitted for permanent residence (LAPR) in the United States pursuant to clause (ii) or (iii) of section 204(a)(1)(B) of the Act, (iii) cancellation of removal under section 240A of such Act (as in effect prior to April 1, 1997), (iv) status as a spouse or child of a United States citizen pursuant to clause (i) of section 204(a)(1)(A) of such Act, or as a spouse or child of a noncitizen LAPR in the United States pursuant to clause (i) of section 204(a)(1)(B) of such Act; (v) cancellation of removal pursuant to section 240A(b)(2) of such Act; (2) an alien -- HANDBOOK CONTINUES Effective 10/16/03 HANDBOOK BEGINS HERE (B) who meets the requirement of 'subparagraph (B) of paragraph (1)'; or This subsection shall not apply to an alien during any period in which the individual responsible for such battery or cruelty resides in the same household or family eligibility unit as the individual subjected to such battery or cruelty." (2) When determining that the battered applicant no longer resides in the same household with the batterer, counties should consider the following interim guidance on verification of Citizenship provided by the Department of Justice on November 17, 1997 [Federal Register, Vol. 62, Number 221]: “Although an applicant is not a qualified alien eligible for benefits until the battered applicant or child, or parent ceases residing with the batterer, applicants will generally need the assurance of the availability of benefits in order to be able to leave their batterer and survive independently. Wherever possible in this situation, the benefit provider should complete the eligibility determination process and approve the applicant for receipt of benefits pending the applicant’s demonstration that the applicant, his or her child, and/or (in the case of an alien child) his or her parent have separated from the batterer. The applicant can then make arrangements to leave the batterer’s residence secure in the knowledge that benefits will be provided as soon as he or she leaves.” HANDBOOK ENDS HERE (r) (Reserved) (s) (1) "Sponsor" means a person who has executed an affidavit of support agreeing to support an immigrant as a condition of the immigrant’s admission for permanent residence in the United States. (2) "Sponsored immigrant" means an immigrant on whose behalf a sponsor has executed an affidavit of support. (3) "Spouse", for CAPI purposes, means a husband or wife under any of the following conditions: (A) Legally married under the laws of California, or the state where the applicant/recipient and he or she had their permanent residence while living together. Effective 10/16/03 Either member of the couple is entitled to husband’s or wife’s Social Security insurance benefits as the spouse of the other. (C) The applicant or recipient and an unrelated person of the opposite sex are living together in the same household and both lead people to believe that they are husband and wife. (4) "SSI/SSP" means Supplemental Security Income/State Supplementary Payment and refers to the federal (SSI) and state (SSP) funded program that provides cash assistance to aged, blind, and disabled residents of California. (5) "Substantial Gainful Activity" (SGA) means work activity that involves doing significant physical or mental activities and that is usually done for pay or profit, whether or not a profit is realized. Average earnings of more than $500 per month ordinarily indicate an applicant or recipient is engaged in SGA. (6) "Suspension" of benefit payments means a stoppage of CAPI benefits. It is always effective the first day of a month in which an individual no longer meets all eligibility requirements. (t) (1) "Termination" of eligibility is an event that requires an individual to file a new application to receive CAPI benefits. It occurs after 12 consecutive suspension months, or as a result of one of the events in MPP Section 49- 060.2. (u) (Reserved) (v) (Reserved) (w) (Reserved) (x) (Reserved) (y) (Reserved) (z) (Reserved) NOTE: Authority cited: Sections 10553, 10554, 18943, Welfare and Institutions Code. Reference: 8 CFR, Part 213a; 20 CFR 416.105 through 416.110; 20 CFR 416.120; 20 CFR 416.972; 20 CFR 416.974; 20 CFR 416.1133; 20 CFR 416.1140; 20 CFR 416.1160; 20 CFR 416.1321; 20 CFR 416.1618; 20 CFR 416.1806; 20 CFR 416.2001; Social Security Administration’s Program Operations Manual System SI 02301.201; Section 213a of the Immigration and Nationality Act, and Sections 18937, 18938, 18940, and 18944, Welfare and Institutions Code. Effective 10/16/03