49-010 ELIGIBILITY FOR CASH ASSISTANCE PROGRAM FOR IMMIGRANTS (CAPI)

.1 To be eligible for the CAPI a person must complete the application process and meet all of the following conditions: .11 Be a non-citizen and meet appropriate immigration status provisions described in MPP Section 49-020. .12 Be age 65 or over, blind, or disabled as defined for SSI/SSP purposes in 20 CFR Part 416. .13 Be ineligible for SSI/SSP solely due to his or her immigration status under Title IV of Public Law 104-193. .14 Reside in California. HANDBOOK BEGINS HERE .141 California Residency for CAPI purposes will follow the regulations governing California's SSP program found at MPP Section 46-110: (a) No period of residency in the state shall be required to gain eligibility. (b) For SSP eligibility purposes, an individual shall cease to reside in the state if he/she leaves the state with the present intent to abandon it as his/her home. (c) In absence of evidence to the contrary, if an individual is physically absent from the state for more than 90 calendar days, this absence shall be considered as evidence of his/her present intent to abandon this state as his/her home. HANDBOOK ENDS HERE .15 Not have more income than is permitted. .16 Not have more resources than are permitted. .17 Meet all other current SSI/SSP eligibility criteria as described in 20 CFR Part 416 or Title XVI of the Social Security Act, except as modified by CAPI regulations beginning with Section 49-001. Effective 10/16/03 .2 A person is NOT eligible for CAPI if he or she: .21 Is a resident of a public institution for an entire calendar month. HANDBOOK BEGINS HERE .211 20 CFR 416.201 states as follows: "Public institution means an institution that is operated by or controlled by the Federal government, a State, or a political subdivision of a State such as a city or county. The term public institution does not include a publicly operated community residence which serves 16 or fewer residents." The most common examples of public institutions are jails, prisons, and VA Hospitals. HANDBOOK ENDS HERE .22 Flees to avoid prosecution, or custody or confinement after conviction for a crime which is a felony under the laws of the place from which the person flees. .23 Violates a condition of probation or parole imposed under federal or state law. .24 Is outside of the United States for an entire calendar month. .241 A person who is outside of the United States for at least 30 consecutive days is considered to remain outside the United States until he or she has been back in the United States for at least 30 consecutive days. Effective 10/16/03 HANDBOOK BEGINS HERE (a) Example: Mr. Lee left the United States on March 1 and returned on April 1. Counting March 2 through March 31, he was outside the United States for 30 consecutive days; thus, his absence continues for an additional 30 days through April 30. He remains eligible for March because he was not outside the country for the entire month, is ineligible for April, and is otherwise eligible effective May 1. (b) Example: Mr. Fox left the United States on July 1 and returned on August 1. Counting July 2 through July 31, he was outside the United States for 30 consecutive days and his absence continues for another 30 days. Beginning with the day of his return and counting through August 30, he was not absent for any full calendar month and is therefore eligible for both July and August. HANDBOOK ENDS HERE .25 Fails to file for all other possible benefits as described in MPP Section 49- 045. NOTE: Authority cited: Sections 10553, 10554, and 18943, Welfare and Institutions Code. Reference: 20 CFR 416.210; 20 CFR 416.211; 20 CFR 416.215; 20 CFR 416.2010; P.L. 104-193, Section 202 (Personal Responsibility and Work Opportunity Reconciliation Act of 1996), and Sections 12003, 18937, 18938, and 18940, Welfare and Institutions Code.