"Welfare Options, Set #3 (SSI/SSP)"
Welfare Options, Set #2
SSI/SSP
May 8, 1997
ISSUE 1
Should a State-only program be created to provide subsistence assistance to
children who no longer meet SSI eligibility criteria?
OPTION A
A state only SSI replacement program should be provided to all children who
lose SSI eligibility, regardless of eligibility for TANF.
ANALYSIS
Federal welfare reform (FWR) changes the eligibility criteria for children in
the SSI program. Under current law, low-income children may qualify for SSI
disability benefits in one of two ways:
1. They are determined to have a medical impairment found on the list of
acceptable impairments, or
2. They are evaluated under the individual functional assessment (IFA) and
found to have an impairment that is not listed but seriously limits the child
from performing age-appropriate behaviors.
Upon enactment, a new disability standard for new and pending applications
will be established. The new standard will eliminate:
1. The comparable severity standard,
2. The individual functional assessment, and
3. References to maladaptive behavior.
Within one year of enactment, the Social Security Administration must
redetermine the eligibility of current beneficiaries based on the new
definition.
There are about 13,000 children in California who are likely to lose SSI
benefits as a result of FWR. The State cost to continue subsistence payments
to these children at the SSI payment levels is approximately $59 million in
new costs, and $8.6 million in lost General fund savings, that would occur if
no replacement program is implemented. There is a increase of about $5
million in new State/local TANF costs, for those children who will move to the
TANF caseload.
OTHER WORK GROUPS IMPLICATED
None
BILLS THAT PROPOSE THIS OPTION
AB 1197 (Villaraigosa)
ISSUE 1
Should a State-only program be created to provide subsistence assistance to
children who no longer meet SSI eligibility criteria?
OPTION B
A state only SSI replacement program should be provided only to children who
lose SSI eligibility and who will also be ineligible for TANF.
ANALYSIS
Federal welfare reform (FWR) changes the eligibility criteria for children in
the SSI program. Under current law, low-income children may qualify for SSI
disability benefits in one of two ways:
1. They are determined to have a medical impairment found on the list of
acceptable impairments, or
2. They are evaluated under the individual functional assessment (IFA) and
found to have an impairment that is not listed but seriously limits the child
from performing age-appropriate behaviors.
Upon enactment, a new disability standard for new and pending applications
will be established. The new standard will eliminate:
1. The comparable severity standard,
2. The individual functional assessment, and
3. References to maladaptive behavior.
Within one year of enactment, the Social Security Administration must
redetermine the eligibility of current beneficiaries based on the new
definition.
There are about 13,000 children in California who are likely to lose SSI
benefits as a result of FWR. Of those approximately 25 percent will be
ineligible for TANF. The State cost to continue subsistence payments to these
children at the SSI payment levels is approximately $15 million in new costs
and $2.2 million in lost General fund savings.
OTHER WORK GROUPS IMPLICATED
None
BILLS THAT PROPOSE THIS OPTION
None
ISSUE 1
Should a State-only program be created to provide subsistence assistance to
children who no longer meet SSI eligibility criteria?
OPTION C
A state only SSI replacement program should be provided only to children who
lose SSI eligibility and who will also be ineligible for TANF. In addition, a
State funded supplement should be provided to TANF eligibles in an amount
equal to the difference between the lost SSI grant and the increase to the
family s TANF grant.
ANALYSIS
Federal welfare reform (FWR) changes the eligibility criteria for children in
the SSI program. Under current law, low-income children may qualify for SSI
disability benefits in one of two ways:
1. They are determined to have a medical impairment found on the list of
acceptable impairments, or
2. They are evaluated under the individual functional assessment (IFA) and
found to have an impairment that is not listed but seriously limits the child
from performing age-appropriate behaviors.
Upon enactment, a new disability standard for new and pending applications
will be established. The new standard will eliminate:
1. The comparable severity standard,
2. The individual functional assessment, and
3. References to maladaptive behavior.
Within one year of enactment, the Social Security Administration must
redetermine the eligibility of current beneficiaries based on the new
definition.
There are about 13,000 children in California who are likely to lose SSI
benefits as a result of FWR. Of those approximately 25 percent will be
ineligible for TANF. The costs of the option to be estimated.
OTHER WORK GROUPS IMPLICATED
None
BILLS THAT PROPOSE THIS OPTION
None
ISSUE 1
Should a State-only program be created to provide subsistence assistance to
children who no longer meet SSI eligibility criteria?
OPTION D
Do not provide an SSI replacement program for children losing benefits.
ANALYSIS
Federal welfare reform (FWR) changes the eligibility criteria for children in
the SSI program. Under current law, low-income children may qualify for SSI
disability benefits in one of two ways:
1. They are determined to have a medical impairment found on the list of
acceptable impairments, or
2. They are evaluated under the individual functional assessment (IFA) and
found to have an impairment that is not listed but seriously limits the child
from performing age-appropriate behaviors.
Upon enactment, a new disability standard for new and pending applications
will be established. The new standard will eliminate:
1. The comparable severity standard,
2. The individual functional assessment, and
3. References to maladaptive behavior.
Within one year of enactment, the Social Security Administration must
redetermine the eligibility of current beneficiaries based on the new
definition.
There are about 13,000 children in California who are likely to lose SSI
benefits as a result of FWR. Of those approximately 25 percent will be
ineligible for TANF. Savings to the State in 1997-98 for changing the
eligibility criteria for SSI for children are approximately $8.6 million,
General Fund, offset by about $5 million State and local funds for the
increase in the TANF population.
OTHER WORK GROUPS IMPLICATED
None
BILLS THAT PROPOSE THIS OPTION
No change in current State law is required.
ISSUE 2
Should the State provide SSI/Disability application assistance?
OPTION A
The counties implement and administer a State funded SSI/Disability
application assistance program.
ANALYSIS
Currently counties do provide application assistance using Community Service
Block Grant funds and Medi-Cal administrative funds primarily for General
Assistance recipients. This proposal would impose State standards and
programmatic structure application assistance, becoming a State mandated local
program.
Costs are unknown. Because this is currently a county program, there are
differences in the levels and types of application assistance provided across
the state. If this option is adopted, there will be state costs associated
with designing and implementing the program in addition to the costs of
operating and administering the program at the State level.
OTHER WORK GROUPS IMPLICATED
Work Group V
BILLS THAT PROPOSE THIS OPTION
None
ISSUE 2
Should the State provide SSI/Disability application assistance?
OPTION B
Do not create a new State run program for SSI/Disability application
assistance..
ANALYSIS
Currently counties do provide application assistance using Community Service
Block Grant funds and Medi-Cal administrative funds primarily for General
Assistance recipients. This option would continue the status quo.
No new state costs. However, to the extent that GA caseloads increase in the
counties, more demand may be created for application assistance.
OTHER WORK GROUPS IMPLICATED
Work Group V
BILLS THAT PROPOSE THIS OPTION
No legislation is needed for this option
ISSUE 3
Should the State create an SSI replacement program for legal immigrants losing
SSI benefits based on immigration status?
OPTION A
The state should create an SSI replacement program for legal immigrants losing
SSI benefit.
ANALYSIS
Current and future legal immigrants are barred from receiving Supplemental
Security Income (SSI) until they become citizens. Current SSI recipients are
subject to redetermination of eligibility in the year following enactment.
Exceptions for certain individuals:
Refugees, asylees, or those granted withholding of deportation are eligible
only for their first five years in the United States. If they already have
been in the country for five years, they lose their benefits.
Lawful permanent residents with 40 qualifying quarters of work may receive
benefits. For work quarters after December 31, 1996, to qualify, the
individual must not receive any federal means-tested public benefit during
that quarter. Minor children and the spouse can be credited with qualifying
quarters.
Veterans, active duty military personnel, spouses, and dependents are
excepted.
The costs to create an SSI replacement program would be not less than $420
million annually for the current population, assuming approximately 60 percent
of the current immigrant population become citizens.
It may be possible to contract with the Social Security Administration to
operate a State SSI replacement program. However, although technically
possible to contract with Social Security, there may be legal reasons why they
could not provide such a service.
OTHER WORK GROUPS IMPLICATED
None
BILLS THAT PROPOSE THIS OPTION
AB 1197 (Villaraigosa)
SB 809 (Johnston)
SB 933 (Thompson)
ISSUE 3
Should the State create an SSI replacement program for legal immigrants losing
SSI benefits based on immigration status?
OPTION B
Do not create an SSI replacement program for legal immigrants losing SSI
benefit.
ANALYSIS
Current and future legal immigrants are barred from receiving Supplemental
Security Income (SSI) until they become citizens. Current SSI recipients are
subject to redetermination of eligibility in the year following enactment.
Exceptions for certain individuals:
Refugees, asylees, or those granted withholding of deportation are eligible
only for their first five years in the United States. If they already have
been in the country for five years, they lose their benefits.
Lawful permanent residents with 40 qualifying quarters of work may receive
benefits. For work quarters after December 31, 1996, to qualify, the
individual must not receive any federal means-tested public benefit during
that quarter. Minor children and the spouse can be credited with qualifying
quarters.
Veterans, active duty military personnel, spouses, and dependents are
excepted.
Because there SSI is a federal program there is no grant savings to the State
from elimination of SSI (See Issue 4 regarding SSP). There will be an unknown
but significant impact on counties General Assistance program resulting from
immigrants losing their SSI benefits. In addition, there will be unknown but
significant costs associated with shifting immigrants into long term care
facilities as a result of losing services adjunct to SSI as well as a result
of losing subsistence payments.
OTHER WORK GROUPS IMPLICATED
Work Group V
BILLS THAT PROPOSE THIS OPTION
Legislation is not needed.
ISSUE 4
Should the State continue to provide SSP grants to legal immigrants losing SSI
benefits based on immigration status?
OPTION A
The state should continue to provide SSP grants to legal immigrants losing SSI
benefits.
ANALYSIS
Current and future legal immigrants are barred from receiving Supplemental
Security Income (SSI) until they become citizens, except as specified. Current
SSI recipients are subject to redetermination of eligibility in the year
following enactment.
Because SSP payments are contingent upon eligibility for SSI, legal immigrants
are not eligible for SSP unless they meet exception criteria.
The costs to continue SSP payments to legal immigrants would be not less than
$154 million annually for the current population, assuming approximately 60
percent of the current immigrant population become citizens.
Two approaches to funding SSP were proposed in the work group.
Establish a fixed statewide fund and serve all eligibles from the amount
provided to the fund annually.
Create a caseload driven program based on grant amounts. Total funding
would vary based on population changes.
It may be possible to contract with the Social Security Administration to
operate a State SSP program for immigrants, similar to the service currently
provided by Social Security. However, although technically possible to
contract with Social Security, there may be legal reasons why they could not
provide such a service.
OTHER WORK GROUPS IMPLICATED
Work Group V
BILLS THAT PROPOSE THIS OPTION
AB 501 (Migden)
AB 1197 (Villaraigosa)
SB 809 (Johnston)
SB 933 (Thompson)
ISSUE 4
Should the State continue to provide SSP grants to legal immigrants losing SSI
benefits based on immigration status?
OPTION B
Do not continue to provide SSP grants to legal immigrants losing SSI benefits.
ANALYSIS
Current and future legal immigrants are barred from receiving Supplemental
Security Income (SSI) until they become citizens, except as specified. Current
SSI recipients are subject to redetermination of eligibility in the year
following enactment.
Because SSP payments are contingent upon eligibility for SSI, legal immigrants
are not eligible for SSP unless they meet exception criteria.
There will be an unknown but significant impact on counties General Assistance
program resulting from immigrants losing their SSI benefits. In addition,
there will be unknown but significant costs associated with shifting
immigrants into long term care facilities as a result of losing services
adjunct to SSI as well as a result of losing subsistence payments.
OTHER WORK GROUPS IMPLICATED
Work Group V
BILLS THAT PROPOSE THIS OPTION
Legislation is not required for this option
ISSUE 5
Should a State SSI program and/or a State SSP program be provided to only
specified subsets of the aged, blind or disable immigrant population?
Note: The working group discussed several identifiable subgroups of immigrants
and found that the options were the same for each group. Please note,
participants in this discussion generally did not believe that considering
providing benefits to any subgroup(s) rather than to the full affected
population was appropriate.
OPTION A_
Provide a State SSI replacement program and/or continue SSP payments to the
following subgroups of the legal immigrant population separately or in
combination:
Refugees and Asylees
Sponsored immigrants
Immigration prior to August 22, 1996
Immigration on or after August 22, 1996
Any legal immigrant who has an application for citizenship pending
Any legal immigrant who is in residential care
Refugee/Asylee in residential care
Any legal immigrant who is mentally disabled
Refugee/Asylee who is mentally disabled
ANALYSIS
Current and future legal immigrants are barred from receiving Supplemental
Security Income (SSI) until they become citizens, except as specified. Current
SSI recipients are subject to redetermination of eligibility in the year
following enactment.
Because SSP payments are contingent upon eligibility for SSI, legal immigrants
are not eligible for SSP unless they meet exception criteria.
Selection of subgroups would serve to make the previously SSI/SSP eligible
legal immigrant population smaller. It would also make it possible to
recognize some immigrants as being in greater need or as being more deserving
of financial support. Cost and savings impacts need to be estimated.
OTHER WORK GROUPS IMPLICATED
Work Group V
BILLS THAT PROPOSE THIS OPTION
There are no bills that currently distinguish subsets of the legal immigrant
population.
Legislation would be required.
ISSUE 5
Should a State SSI program and/or a State SSP program be provided to only
specified subsets of the aged, blind or disable immigrant population?
Note: The working group discussed several identifiable subgroups of immigrants
and found that the options were the same for each group. Please note,
participants in this discussion generally did not believe that considering
providing benefits to any subgroup(s) rather than to the full affected
population was appropriate.
OPTION B
Do not provide a State SSI replacement program and/or continue SSP payments to
any subgroups of the legal immigrant population.
ANALYSIS
Current and future legal immigrants are barred from receiving Supplemental
Security Income (SSI) until they become citizens, except as specified. Current
SSI recipients are subject to redetermination of eligibility in the year
following enactment.
Because SSP payments are contingent upon eligibility for SSI, legal immigrants
are not eligible for SSP unless they meet exception criteria.
There will be an unknown but significant impact on counties General Assistance
program resulting from immigrants losing their SSI benefits. In addition,
there will be unknown but significant costs associated with shifting
immigrants into long term care facilities as a result of losing services
adjunct to SSI as well as a result of losing subsistence payments.
OTHER WORK GROUPS IMPLICATED
Work Group V
BILLS THAT PROPOSE THIS OPTION
No legislation is needed.
ISSUE 6
Should In-Home Supportive Services be delinked from SSI/SSP eligibility?
OPTION A_
The state will make IHSS benefits available to anyone in need of such services
and who meet existing eligibility criteria other than the requirement to be
SSI/SSP eligible.
ANALYSIS
Under federal welfare reform, many elderly, blind and disabled legal
immigrants will lose their SSI benefits. While federal law does not prohibit
legal immigrants form receiving IHSS, many will be rendered ineligible because
state law links IHSS eligibility to SSI eligibility. Loss of IHSS will force
people into costly institutions. IHSS is relatively inexpensive when compared
to institutionalization, potentially paid for by Medi-Cal. Failing to provide
IHSS and forcing the elderly, blind and disabled into residential and
institutional care will result in significant local government and state costs
over time.
Federal financial participation is available through Medi-Cal to provide IHSS
to most legal immigrants in need of these services. Federal funds are not
available to legal immigrants who enter the US after August 22, 1996 during
their first five years in the country. However, most legal immigrants do not
enter the country in need of IHSS, rather, the need for these services occurs
after they become severely disabled.
However, this issue is broader than solely dealing with the needs of legal
immigrants. This issue and option would delink IHSS for everyone. There
would be unknown and potentially significant costs associated with this option
due to opening eligibility to IHSS to a larger population than is currently
served.
OTHER WORK GROUPS IMPLICATED
Work Group V
BILLS THAT PROPOSE THIS OPTION
Immigrants Only:
AB 67 (Escutia)
AB 501 (Migden)
AB 1197 (Villaraigosa)
SB 933 (Thompson)
Generally delinks IHSS eligibility from SSI/SSP eligibility: None
ISSUE 6
Should In-Home Supportive Services be delinked from SSI/SSP eligibility?
OPTION B
Do not make IHSS benefits available to anyone in need of such services and who
meet existing eligibility criteria other than the requirement to be SSI/SSP
eligible.
ANALYSIS
Under federal welfare reform, many elderly, blind and disabled legal
immigrants will lose their SSI benefits. While federal law does not prohibit
legal immigrants form receiving IHSS, many will be rendered ineligible because
state law links IHSS eligibility to SSI eligibility. Loss of IHSS will force
people into costly institutions. IHSS is relatively inexpensive when compared
to institutionalization, potentially paid for by Medi-Cal. Failing to provide
IHSS and forcing the elderly, blind and disabled into residential and
institutional care will result in significant local government and state costs
over time.
Federal financial participation is available through Medi-Cal to provide IHSS
to most legal immigrants in need of these services. Federal funds are not
available to legal immigrants who enter the US after August 22, 1996 during
their first five years in the country. However, most legal immigrants do not
enter the country in need of IHSS, rather, the need for these services occurs
after they become severely disabled.
However, this issue is broader than solely dealing with the needs of legal
immigrants. This issue and option would delink IHSS for everyone. There
would be unknown and potentially significant costs associated with this option
due to opening eligibility to IHSS to a larger population than is currently
served.
OTHER WORK GROUPS IMPLICATED
Work Group 5 (?)
BILLS THAT PROPOSE THIS OPTION
Legislation is not needed for this option.