Supplemental Safety Revenue (SSI) and Money Help Program for Immigrants (CAPI) Fundamentals in California

Supplemental Safety Revenue (SSI) and Money Help Program for Immigrants (CAPI) advantages are a vital part of the financial safety of over a million Californians and are particularly necessary for underserved populations with important social and financial wants. This information gives advocates with primary info on eligibility for SSI and CAPI in California, together with some spotlights on current updates to the SSI program.

Supplemental Safety Revenue Fundamentals in California

Supplemental Safety Revenue (SSI) is a federally financed, needs-based program administered by the Social Safety Administration (SSA). SSI ensures a minimal earnings stage for people who find themselves aged (65 or older), blind, or meet the Social Safety incapacity normal with low incomes and sources.

The federal authorities gives $943 per 30 days for an eligible particular person and $1,415 for an eligible couple in 2024. This quantity is adjusted yearly to maintain tempo with inflation and is named the Federal Profit Price (FBR).

The state of California dietary supplements these quantities to extend the entire profit. The present mixed state and federal SSI profit charge in California is $1,182.94 per 30 days for a person and $2,022.83 for an eligible couple. Individuals who’re blind or lack entry to enough cooking or meals storage services are paid a considerably increased quantity.

Anybody receiving SSI in California can also be robotically eligible for Medi-Cal.

SSI Eligibility Standards

An applicant for SSI should meet a number of eligibility standards on an ongoing foundation: categorical eligibility, monetary eligibility, immigrant eligibility, and residence.

Categorical Eligibility: Age, Blindness, and Incapacity

The classes are age (65 years previous or older), blindness, and incapacity. The applicant should fulfill one class. Whether or not a person is 65 or older is often an easy willpower.

How Incapacity is Decided

For an grownup age 18 to 64, the Social Safety Act defines incapacity as the shortcoming to have interaction in any substantial gainful exercise by purpose of any medically determinable bodily or psychological impairment, which may be anticipated to lead to dying or which has lasted or may be anticipated to final for a steady interval of not lower than 12 months. The mixed impact of an individual’s impairments should be extreme sufficient to forestall the person from doing their earlier work, or to have interaction in another sort of substantial gainful work which exists within the nationwide economic system. These beneath 18 years previous comply with a separate SSI incapacity willpower course of centered on impairments that trigger extreme useful limitations.

State companies make all preliminary and reconsidered incapacity determinations, topic to enchantment to SSA. That state company in California is the California Division of Social Providers Incapacity Willpower Service Division (DDSD).

SSA has adopted a five-step sequential analysis course of that the state companies should use to find out if somebody meets the incapacity normal mandated by the Social Safety Act.

Social Safety Incapacity Analysis Course of

Step 1

• Is the claimant at present working and, if that’s the case, are they participating in “substantial gainful exercise” (SGA)? If the reply is sure and the claimant is participating in SGA, the analysis course of involves an finish and the declare is denied. If the reply is not any, then the analysis proceeds to Step Two.
• SSA makes use of an earnings check to find out if work exercise constitutes SGA. For work achieved in 2024, earnings of $1,550 per 30 days ($2,590 for blind individuals) point out SGA. This quantity is modified yearly to mirror the change in common wages. SGA is decided by reference to gross wages except there’s a subsidy or particular circumstance concerned and the quantity paid doesn’t totally mirror the work carried out by the claimant. In that case, the subsidy is subtracted from gross wages to find out whether or not the claimant is engaged in SGA. Additionally, if the person has Impairment Associated Work Bills (IRWE), then these bills are subtracted from gross wages to find out if there may be SGA.

Step 2

• Does the claimant have a “extreme” medically determinable impairment or mixture of medically determinable impairments? If the reply is not any, the declare is denied. If the reply is sure, then the analysis proceeds to Step Three.

Step 3

• Does the impairment meet or equal an inventory in SSA’s Itemizing of Impairments? If the impairment meets or equals an inventory, then the claimant is disabled. If not, the analysis proceeds to Step 4.
• The Itemizing of Impairments is a listing of impairments with particular detailed medical standards for every illness or impairment. If these standards are met or equaled, it’s assumed that there shall be useful limitations to such a level that an individual will be unable to work no matter age, training, or work expertise.

Step 4

• Does the claimant retain the residual useful capability to return to previous related work? If the reply is sure, then the declare is denied, no matter whether or not the work is out there and even exists within the nationwide economic system.

Step 5

• If the claimant can’t return to previous work, the subsequent and last step is to find out, bearing in mind the claimant’s age, training, and work expertise, whether or not there are different jobs that exist in important numbers within the economic system that the claimant can carry out. That is the step at which age is a bonus. SSA assumes that the older an individual is, the harder it will likely be for them to regulate to a brand new job. Thus, it’s much more seemingly {that a} declare shall be allowed for a claimant of “superior age” (55 or over) at this step than it’s for a “youthful particular person” (beneath age 45).

How Monetary Eligibility is Decided

A person will need to have restricted earnings and sources as a way to obtain SSI.

Revenue

Revenue is outlined within the SSI laws as something a person receives in money or in sort that can be utilized to fulfill their shelter wants. In different phrases, if it can’t be used to acquire shelter, it isn’t earnings for SSI functions.

Even when one thing is earnings beneath the SSI definition, it nonetheless won’t be “countable earnings” beneath the SSI guidelines. Solely countable earnings impacts SSI eligibility and the quantity of the grant. Among the many lengthy listing of objects which might be excluded from earnings are:

• Impairment associated work bills (IRWE);
• Presents of home airline tickets if they aren’t cashed in;
• Help based mostly on want from a state or native authorities;
• Meals whatever the supply;
• Proceeds of a mortgage;
• Revenue tax refunds;
• Substitute of earnings beforehand acquired;
• The portion of a grant, scholarship or fellowship used for tuition, charges, or different crucial academic bills;
• Payments paid on to the provider by another person for items or providers apart from shelter;
• Receipts from the sale, trade, or alternative of a useful resource, even when the sale worth is increased than the acquisition worth;
• Curiosity and dividend earnings on countable sources; and
• Rare or irregular earnings – as much as $60 per quarter of unearned earnings and $30 per quarter of earned earnings.

Revenue is counted on a month-to-month foundation within the calendar month during which it’s acquired. Revenue for the present month determines eligibility for the month. Revenue from the month earlier than the earlier month (two months again) will decide the quantity of the profit for the present month.

The Social Safety Act divides earnings into two classes for SSI functions – earned and unearned earnings. The excellence is necessary as a result of the 2 sorts of earnings are calculated individually and with very completely different guidelines.

Unearned earnings is outlined in Social Safety laws by what it isn’t, i.e., it isn’t earned earnings. Of these SSI recipients who’ve earnings, the overwhelming majority have solely unearned earnings, and for almost all of these with unearned earnings, the one earnings they’ve is a Social Safety profit.

For individuals who have solely unearned earnings, the calculation of countable earnings to find out SSI eligibility and the profit quantity may be very easy: take the person’s unearned earnings for the month, besides excluded earnings, and subtract the overall earnings disregard of $20. The result’s countable earnings for the month.

A really small share of all SSI recipients have earned earnings. The principles for counting earned earnings are extra beneficiant than these for counting unearned earnings. To calculate countable earned earnings: Add up all earnings for the month utilizing gross wages, then subtract any Impairment Associated Work Bills (IRWE), however provided that the beneficiary is receiving SSI on the idea of incapacity or was receiving it on the idea of incapacity the month earlier than reaching retirement age. Then subtract the earned earnings disregard of $65 per 30 days, and likewise the $20 basic earnings disregard if it has not already been utilized to unearned earnings. Divide the remaining quantity by 2, and the result’s countable earned earnings.

Assets

Assets of an SSI recipient could not exceed $2,000 in “countable sources” for a person or $3,000 for a pair. SSA laws outline a useful resource as: “money or different liquid property or any actual or private property that a person . . . owns and will convert to money for use for his or her help and upkeep.” Assets are usually counted on the idea of the fairness a person has within the useful resource, i.e., market worth minus encumbrances. Assets are counted solely as soon as a month on the primary second of the primary day of the month.

Sure sources are excluded and don’t rely towards the useful resource restrict. A partial listing of the principal exclusions follows.

• House – The house during which the SSI recipient resides and all contiguous land is excluded, no matter worth. Nevertheless, if the recipient lives elsewhere, the house is counted. If the recipient has the intent to return to the house—regardless of how unrealistic the intent—the house nonetheless is excluded. This rule is necessary for a resident of a residential care facility or a nursing facility who’s prevented from transferring dwelling by a medical situation.
• Vehicle – One car is excluded no matter worth.
• Private or Family Items – No restrict on worth.
• Burial Funds – As much as $1,500 mixed worth of all burial funds. These funds should be individually recognized and put aside. Word that if the person (or their partner) has life insurance coverage insurance policies or different burial preparations, their worth could scale back the $1,500 in any other case accessible for the burial funds exclusion.
• Burial Plot – A burial plot is excluded no matter worth. That is along with the burial funds.
• Collectively Owned Property – Undue hardship – Collectively owned property is excluded the place the sale would trigger undue hardship to the co-owner due to lack of housing.
• Previous-due Social Safety and SSI funds – These funds are excluded from counting as a useful resource for a nine-month interval.
• Earned Revenue Tax Credit score and Little one Tax Credit score – These funds are excluded from counting as a useful resource for twelve months, starting with the month after receipt.

Useful resource and Revenue Deeming

Deeming is when cash or property of 1 individual is taken into account accessible to a different individual. There are three circumstances during which a portion of the earnings and sources of one other individual shall be thought of accessible to the SSI applicant no matter precise availability. The formulation for figuring out the quantity of the earnings and sources accessible to the person is completely different in every of the three circumstances.

1. Spousal Deeming – The earnings and sources of an ineligible partner dwelling in the identical family are deemed to the person. Spousal deeming doesn’t apply when the spouses are separated.
2. Guardian to Little one Deeming – The earnings and sources of a mum or dad dwelling within the family are deemed to the kid.
3. Sponsor Deeming – Deeming applies primarily to sponsored immigrants whose sponsors signed affidavits of help on or after December 1997, which give for sponsor deeming to proceed till naturalization or till the immigrant has 40 quarters of lined employment, whichever comes first. Earlier affidavits of help supplied for sponsor deeming for under a three-year interval.

Switch of Assets

The Foster Care Independence Act of 1999 added a switch of sources penalty to SSI. The Act establishes a 36-month look-back interval and a interval of ineligibility of as much as 36 months for the switch of a useful resource for lower than honest market worth. It’s important that anybody receiving SSI or contemplating the potential of making use of for SSI throughout the subsequent three years, think about this provision.

Something that matches throughout the SSI useful resource definition is a useful resource for function of the switch penalty. The interval of disqualification is calculated by dividing the uncompensated worth of the useful resource by the month-to-month profit charge relevant to the person. The end result, when rounded down, offers the variety of months for which the person is ineligible.

Thankfully, there are exceptions to the switch penalty, together with if all sources are returned; the switch of a house to sure members of the family; non-home transfers to sure members of the family; transfers to sure trusts; transfers for a function apart from to acquire SSI; switch of a useful resource that may have been excludable within the month of the switch; undue hardship; and the switch of a small quantity.

Restricted Circumstances Underneath Which Immigrants are Eligible for SSI

At one time immigrant eligibility was quite simple. Earlier than 1996, most immigrants who have been lawfully residing within the U.S. have been eligible for SSI on the identical foundation as residents. The Private Duty and Work Alternative Reconciliation Act of 1996, adopted by the Balanced Finances Act of 1997, established complicated necessities that drastically restricted immigrant eligibility for SSI and different advantages.

First, non-citizens who have been receiving SSI or had an software pending on August 22, 1996 have been exempted from the restrictions and can proceed to be eligible for SSI, assuming they proceed to fulfill different eligibility necessities.

The 1996 restrictions created a distinction between “certified” and “not certified” immigration statuses. Word that the “certified” and “not certified” classes don’t comply with a commonsense understanding of these phrases. Being a “certified” immigrant doesn’t by itself set up eligibility, and lots of “certified” immigrants can’t obtain SSI.

“Certified” immigrants embody lawful everlasting residents (LPRs); refugees; individuals granted asylum or withholding of deportation/removing, and conditional entrants; Cuban or Haitian entrants; individuals paroled into the U.S. for not less than a yr or extra; sure survivors of home violence or trafficking, and people who entered the U.S. beneath a Compact of Free Affiliation (COFA residents) with Palau, Micronesia and the Marshall Islands. People who don’t match right into a “certified” class are “not certified.”

“Certified” immigrants who can obtain SSI embody:

• People who’re blind or disabled and who have been “lawfully residing” within the U.S. on 8/22/96.
• Sure veterans or lively obligation navy personnel and their spouses and kids.
• Lawful everlasting residents who’ve 40 qualifying quarters of protection beneath the Social Safety Act.
  • LPRs can use not solely their very own quarters, but additionally can use quarters earned by their partner whereas the couple was married, and quarters earned by dad and mom earlier than the person turned 18. Nevertheless, no quarters earned after December 31, 1996, can be utilized if the person acquired sure means-tested public advantages on the similar time.
  • LPRs who entered the U.S. on or after 8/22/96 is probably not eligible for SSI throughout their first 5 years in a “certified” standing even when they’ve 40 qualifying quarters.

Sure immigrants can obtain SSI advantages in the course of the seven yr interval after they obtained one of many following statuses: refugees, asylees, individuals granted withholding of deportation or removing, Cuban or Haitian entrants, Amerasian immigrants, Iraqi or Afghan particular immigrants, and victims of trafficking.

American Indians born in Canada or different Native American tribal members born outdoors the U.S., sure Afghan or Ukrainian parolees, and Compacts of Free Affiliation (COFA) residents also can obtain SSI.

Word that the non-citizen restrictions not apply as soon as a person turns into a U.S. citizen. Residents are eligible for SSI with no restriction, so long as they meet the opposite program necessities.

Residence is all the time required to be eligible for SSI

Residence in the USA is a requirement even for residents, and residence in California is required to obtain the California state complement.

Money Help Program for Immigrants (CAPI)

California established the Money Help Program for Immigrants (CAPI) in 1998 to supply advantages for sure immigrants who beforehand would have been in a position to obtain SSI, however who’re not eligible for SSI due to the restrictions positioned on non-citizen eligibility within the 1996 federal welfare laws. This system is totally funded by the state and is run by the California Division of Social Providers by contracts with the counties.

CAPI gives a month-to-month profit that’s the similar because the comparable SSI profit. As in SSI, charges are barely increased for recipients who’re blind and for individuals who lack entry to enough cooking or meals storage services. In contrast to SSI, CAPI doesn’t confer computerized Medi-Cal eligibility, though people can apply individually for Medi-Cal.

The eligibility necessities for CAPI are the identical as for SSI, aside from the immigrant standing necessities. Revenue and sources are calculated in line with the SSI guidelines.

Additionally, if a person qualifies for SSI, that particular person isn’t eligible for CAPI. It’s only those that are ineligible for SSI solely due to immigration standing who’re probably eligible for CAPI.

Immigrant Eligibility for CAPI

CAPI is out there to seniors and folks with disabilities who’re both “certified” immigrants or are “completely residing within the U.S. beneath colour of legislation” (PRUCOL), if their immigration standing makes them ineligible for SSI. “Certified” immigrants should apply for and be denied SSI. (Immigrants who’re PRUCOL don’t want to use for SSI).

Certified immigrants who entered the U.S. prior to eight/22/96 are required to pursue an SSI declare based mostly on incapacity, and shall be required to signal an interim help reimbursement settlement with the county. Underneath the phrases of this settlement, if the person does ultimately obtain SSI, the county shall be reimbursed for any overlapping months of support out of the SSI fee for late advantages that in any other case would have gone to the person. As soon as SSI is accepted, this should be reported to the county and the CAPI advantages will stop. If the SSI declare is denied, the person will proceed to obtain CAPI.

PRUCOL is a profit eligibility class which is interpreted otherwise from program to program. It usually signifies that the immigration authorities are conscious of an individual’s presence and haven’t any plans to take away them from the nation. The prior SSI laws included a listing of statuses thought of PRUCOL, together with a “catch-all” class of individuals whom the immigration companies don’t intend to take away from the nation. The CAPI program has adopted this similar “catch-all” class.

Lawful everlasting residents who entered the U.S. on or after 8/22/96 by a sponsor who signed an affidavit of help could also be topic to deeming of their sponsor’s earnings and sources for a interval of 10 years from the date they have been granted lawful everlasting residence standing. It must be famous that some individuals who could have beforehand been denied CAPI advantages due to the deeming requirement could now be eligible if the ten-year deeming interval has since expired.

Typically, deeming of the sponsor’s earnings makes a person financially ineligible for advantages. Nevertheless, there are exceptions to the deeming requirement for (1) victims of abuse, which incorporates the non-citizen, non-citizen’s minor baby, or non-citizen’s mum or dad; and (2) somebody who would go “hungry or homeless” with out help. Somebody is taken into account more likely to go “hungry or homeless” with out help if their whole earnings is lower than the SSI Federal Profit Price (FBR).

Lastly, as talked about within the SSI part, there’s a group of humanitarian immigrants with a seven-year time restrict on SSI eligibility. Upon expiration of the seven-year interval, these people are eligible for CAPI.