49-060 BENEFIT SUSPENSIONS AND TERMINATIONS

.1 A recipient’s CAPI benefit shall be suspended when any of the following events occur. (a) The recipient’s income in the budget month exceeds the appropriate payment standard in the payment month. (b) The recipient fails to provide proof of application for SSI/SSP benefits or fails to take all necessary steps to obtain SSI/SSP benefits. (c) The recipient becomes eligible for SSI/SSP benefits. (d) The recipient fails to cooperate or provide requested information within 30 days of the county's written request for information or documentation. (e) The recipient is a resident of a public institution for an entire calendar month. (f) The recipient is no longer a California resident. (g) The sponsor’s status no longer meets the qualifying conditions outlined in MPP Section 49-020.31. (h) The recipient’s resources exceed the allowable limit. (i) The recipient is fleeing to avoid prosecution for a felony or is violating a condition of probation or parole. (j) The recipient fails to file for all other possible benefits. (k) The recipient's immigration status no longer meets the criteria specified in MPP Section 49-020.1. This specifically includes: (1) A victim of human trafficking whose application for a T Visa has been finally administratively denied, or who has not applied for a T Visa within one year of the CAPI application date, or on whose behalf a request for continued presence has not been made within one year of the CAPI application date, the recipient has been issued a T Visa; or (2) A victim of domestic violence or other serious crimes whose application for a U visa has been finally administratively denied. An application for a visa has been finally administratively denied when an appeal of the visa denial has been unsuccessful or the time to appeal the denial has passed, whichever comes first. Effective 7/1/08 .2 An individual has 12 consecutive months after the effective date of the suspension to regain eligibility and have benefits reinstated without having to file a new application. An individual requesting reinstatement must submit such evidence as may be necessary (except evidence of age, disability or blindness) to re-establish his or her eligibility. Payments to such recipient shall be reinstated effective with the first day he or she meets all eligibility requirements except filing for a new application. .3 Eligibility is terminated for a recipient: .31 After 12 consecutive months of benefit suspension. .32 When the recipient becomes a citizen. Effective 7/1/08 Page 660.47a .33 When the recipient dies. .34 When the recipient under age 65 is no longer blind or disabled. .35 When the recipient asks to voluntarily terminate his or her CAPI benefits. .4 A new application shall be filed to re-establish eligibility following termination, unless there is a favorable appeal decision. NOTE: Authority cited: Sections 10553, 10554, and 18943, Welfare and Institutions Code; and SB 1569 (Chapter 672, Statutes of 2006). Reference: 20 CFR 416.1323; 20 CFR 416.1324; 20 CFR 416.1325; 20 CFR 416.1330; 20 CFR 416.1331; 20 CFR 416.1333 through .1335; P.L. 104-193, Section 202 (Personal Responsibility and Work Opportunity Reconciliation Act of 1996), and Sections 18937, 18938, 18940, and 18945, Welfare and Institutions Code.