Social Security (S S)/Supplemental Security Income (SSI) Benefits for Children in Care

0900-523.10 | Revision Date: 08/28/18

Overview

This policy guide provides information on eligibility, screening and applying for SS (which includes Survivors, Disability, and Retirement benefits through Social Security Administration) and SSISupplemental Security Income. This program pays monthly benefits to blind or disabled children/youth who have limited income and resources. It is administered by Social Security. benefits for children, youth and nonminor dependents. The policy guide also includes instructions for spending down a child’s SS/SSI maintenance account and requesting expenses from a child’s SS/SSI dedicated account.

TABLE OF CONTENTS

Policy

Social Security (SS)/Supplemental Security Income (SSI) Benefits Assistance

General SS/SSI Eligibility Criteria

Screening for Potential SS Eligibility
Screening for Potential SSI Eligibility
Priority Cases
Nonminor Dependents

Youth Reaching the Age of Majority

Spending Down a Maintenance Account

Requesting Expenses from a Dedicated Account

Procedure

Child Identified as Potentially SS/SSI Eligible

CSW Responsibilities

Performing a Mandated Screening

CSW Responsibilities

SCSW Responsibilities

Spending Down a Maintenance Account

CSW Responsibilities

Requesting Expenses from a Dedicated Account

CSW Responsibilities

Approvals

Helpful Links

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 07/01/14 version to incorporate FYI 18-23, Supplemental Security Income (SSI) Disability Screening Tool: Guide and Update, which reflects that the new SSI Disability Screening Tool has been automated, and has replaced the FC1633A. It also provides clarification regarding the SS and SSI screening and referral process. Changes were made to streamline the policy and remove duplicative information.

POLICY

Social Security (SS)/Supplemental Security Income (SSI) Benefits Assistance

DCFS must provide foster children with assistance in receiving federal Social Security (SS), Supplemental Security Income (SSI) and State Supplemental Payment (SSP) benefits to which they are entitled. The SSP Program augments SSI, depending on the living arrangement of the SSI beneficiary, and SSP is provided in conjunction with the SSI benefit.

If a child is eligible for Social Security (SS), or Supplemental Security Income (SSI) benefits, DCFS is required to apply to become the representative payee if no other appropriate party is available to serve while the child is in foster care. If a CSW receives information from the parent(s), guardian, or caregiver that a child in placement is receiving SS or SSI benefits prior to their placement, or without going through the DCFS SSI/SS referral process, the CSW must notify the Technical Assistant/Eligibility Worker (TA/EW) via the DCFS 280 to evaluate if a change of payee needs to be initiated.

When completing the case plan (or case plan update) or when there is a change in circumstances, CSWs must evaluate a child’s potential SSI or SS eligibility regardless of the child's age, by following the process of completing and submitting the SSI Disability Screening Tool or as applicable, the guidelines for potential SS benefits.

The DCFS Supplemental Security Income (SSI) Unit provides support to Regional Operations as a conduit between DCFS and the federal Social Security Administration (SSA), to ensure that children/youth eligible for SSI or SS benefits are referred for benefits in a timely manner. Part of the SSI Unit’s duties are to help the Department ensure compliance with the law , which requires that youth in foster care and Nonminor Dependents (NMD) be screened for SSI benefits to support their successful transition. SSI applications are to be submitted and processed if children/youth have been identified as being potentially eligible due to medical, physical, developmental, and/or emotional conditions. SS applications are to be submitted and processed if children/youth have been identified as being potentially eligible due to the death, disability, or retirement of one of their parents.

CSWs should not take their youth/NMD to a Social Security Administration (SSA) Office to apply for SS/SSI benefits as this may jeopardize their eligibility. All SS/SSI referrals and applications must go through the DCFS SSI Unit.

General SS/SSI Eligibility Criteria

SS - Old Age, Survivors, and Disability Insurance Benefits

A child may be eligible to receive federal Old Age, Survivors, and Disability Insurance Benefits – aka: SS/SSDI/Survivor’s Benefits (Title II of the Social Security Act) if he/she has a parent that has worked a sufficient number of quarters and is disabled, deceased, or entitled to old-age insurance benefits.

The SSI Unit assists with the application and required documentation for eligibility. Youths who become disabled before the age of 22, and remain disabled and unmarried, can continue receiving SS benefits indefinitely into adulthood/after turning 18 or 19 years old.

Supplemental Security Income (Title XVI of the Social Security Act)

Children may be eligible for Supplemental Security Income (Title XVI of the Social Security Act) benefits if they meet all of the following criteria:

• Little to no countable income (below the SSI federal benefit rate)

• Few or no countable resources (disabled children can have up to $2,000 in countable resources).

• For children living in the home of their parent(s), a single parent can have an additional $2,000 in countable resources and married parents can have up to $3,000

• Resided in the United States or the Northern Marianas Islands for at least thirty (30) days

• Citizen of the United States or certain categories of immigrant/qualified legal residents

• Blind or disabled

SSI considers a child disabled if:

• The child has a physical or mental impairment (or combination of impairments) that causes marked and severe functional limitations, and has lasted, or is expected to last for at least twelve (12) consecutive months, or result in death.

• The child is not working at a job and doing substantial work.

Screening for Potential SS Eligibility

At initial and case plan updates and as circumstances change, the CSW must consider the following to screen a child/youth’s potential eligibility for SS benefits:

• a parent is disabled, deceased, or entitled to old-age insurance benefits.
  
  

• The SSA reviews the parent’s work history once the application is filed

   

If the above is met, the case is referred by submitting a DCFS 280 to the SSI Unit which assists with the application and required documentation for eligibility.

Screening for Potential SSI Eligibility

Refer to the LA DCFS Screening Guide for factors that indicate potential and presumptive disability. If the answer is ‘yes’ to any of the questions, the screening must be completed in the DCFS Referral Portal on LAKIDs regardless of the age of the child as this is the initial step to refer the child to the SSI Unit.

If the youth has reached at least sixteen (16) years and six (6) months of age but is under seventeen (17) years and six (6) months of age, CSWs must screen for potential federal Social Security Income (SSI) eligibility via the DCFS Referral Portal on LAKIDs, even if the youth intends to participate in Extended Foster Care (EFC)The Extended Foster Care program allows a foster youth to remain in foster care and continue to receive foster care payment benefits (AFDC-FC payments) and services beyond age 18, as long as the foster youth is meeting participation requirements, living in an approved or licensed facility, and meeting other eligibility requirements. and regardless of the answer to the questions in the LA DCFS Screening Guide. The SSI EW will coordinate with the TA/EW to adjust the child’s funding source to enable a youth to qualify for SSI prior to emancipation/transition and to coordinate with the Social Security Administration (SSA) to suspend the SSI benefits until the youth’s emancipation/transition.

All negative SSI screens (all items checked “no”) will automatically be emailed from the Referral Portal to the Coordinated Services Action Team (CSAT) In-Box at: CSAT_{insert your office name}@dcfs.lacounty.gov for tracking in CWS/CMS by the CSAT Team.

All positive SSI screens (any item checked “yes”) will be automatically emailed from the Referral Portal to the SSI Unit In-Box at: SSIDisabilityScreen@dcfs.lacounty.gov. When a referral for an SSI assessment is required, the SSI Unit will initiate the SSI application process and work directly with the CSW and caregiver to obtain necessary paperwork. The SSI Unit will update the Special Projects tab in CWS/CMS at each step, to be reflected in an SSI Report in the Statistics and Information Transmitted Everyday (SITE) application on LAKids.

In addition to the LA DCFS Screening Guide, DCFS staff can use the following tools and information as available to screen for potential SSI eligibility and as supporting documents for the referral and/or application:

• Multidisciplinary Assessment Team (MAT) findings and recommendations

• Coordinated Services Action Team (CSAT) findings and recommendations

• The child’s psychological, mental, educational or developmental records

• The child’s medical records

• Input from the Public Health Nurse (PHN)
  
  
• Child and Adolescent Needs and Strengths (CANS)
  
  

If a child’s circumstances change, or there is additional information that indicates that a child is potentially eligible for, or would benefit from receiving SSI/SS benefits during the life of a case, the CSW must complete DCFS Referral Portal on LAKIDs , to initiate an evaluation for SSI/SSP/SSA.

For children receiving SSI/SS benefits moving toward adoptive placement, see Adoption Assistance Program (AAP) Benefits and Medi-Cal Benefits for information on the effect of federal and non-federal AAP on SSI/SSP or Social Security benefits. A child/youth eligible for SS benefits can receive both AAP and SS benefits without a reduction to either benefit. Because the caregiver will likely become the representative payee for SS benefits after adoptive placement, the CSW shall assist, as necessary, the caregiver in collecting the needed documentation to apply for SS benefits.

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Priority Cases for SSI/SS Screening and Referral

In addition to the mandated screening for all youth who are 16.5 or older, the following populations, if screened as potentially SSI/SS eligible children must be brought to the attention of the SSI Unit and “fast-tracked” through the SSI/SS referral and application process due to greater need for expeditious applications or financial resources:

• Children receiving no Foster Care funding such as those in medical facilities, or those receiving Approved RelativeFor the purpose of placement and foster care payments: An adult who is related to the child by blood, adoption or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words, "great," "great-great" or "grand" or the spouse of any of these persons even if the marriage was terminated by death or dissolution. Caregiver (ARC) Program

• NMDs with no prior screening or approved SSI/SS benefits

• Children who will or are anticipated to exit Foster Care via adoption, guardianship, or reunification in less than one (1) year

• Children with presumptive disabilities

• A youth parenting a minor

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In addition, once screening is completed for those children receiving Specialized Care Increment (SCI)A rate paid in addition to the basic care rate for the care of children/youth with special needs., Regional Center/Dual Agency rates, non-basic Level of Care (LOC) or any other specialized rates, the SSI Unit will ‘screen’ their SSI/SS eligibility based on the source of funding and will notify the CSW whether or not an application is appropriate at that time.

Priority cases should be identified upon placement and immediately referred to the SSI EW Unit for assessment and application through the DCFS Referral Portal in LAKIDs (for SSI) or a DCFS 280 for SS benefits. If this was not completed at intake, the case-carrying CSW must complete the referral for an SSI/SS evaluation upon discovery of the availability of potential benefits and/or as part of case planning.. If this was not completed at intake, the Case-Carrying CSW must complete the referral for an SSI evaluation upon discovery of the availability of potential benefits and/or as part of case planning.

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Nonminor Dependents (NMDs)

NMDs who are eligible for, or are receiving SSI/SS can participate in Extended Foster Care (EFC) even if they receive the SSI/SS payment benefit instead of AFDC-FC, or a combination of both payments.

If the NMD is receiving federal AFDC-FC in lieu of the SSI payment (payment placed in suspense) because the AFDC-FC payment is higher, DCFS must ensure that the NMD received only state funded AFDC-FC at least one month in any twelve (12) month period to ensure the NMD maintains SSI eligibility upon exiting foster care.

The DCFS SSI Unit coordinates this process with the SSA Office. However, the case-carrying CSW must continue to collaborate with the SSI EW for any requested documentation, which may include documentation needed to establish the youth’s SS or SSI adult eligibility.

Youth Reaching the Age of Majority

DCFS must inform youth approaching their 18th birthday about ongoing requirements for the SS/SSI/SSP program. This includes:

• Providing information to the youth regarding the requirement that they must reestablish a continuing disability classification as an adult in order to continue SS/SSI/SSP benefits past their 18th birthday, and assistance in doing so.

• Providing the youth with information on, and assistance in becoming their own payee or designating an appropriate representative payee for SS/SSI/SSP benefits.

• Use the following forms to provide additional information: PUB 420, Supplemental Security Income (SSI) Information for Transitioning Foster Youth; PUB 421, Helping Your Child Receive Supplemental Security Income (SSI) for Youth with Disabilities; PUB 422, Supplemental Security Income (SSI) for Foster Youth with Disabilities.

• Providing information to the youth about the termination or continuance of SS benefits, particularly for non-disabled youth who will be turning 18 or 19.

• Informing the youth that in some situations, youth may be eligible for both SSI and SS benefits.

When making a recommendation for emancipation/transition, CSWs must account for the circumstances of the youth with pending SSI/SS application/issues to determine if the youth is considered ready for emancipation/transition. The CSW should consult with the SSI Unit about the status of the SSI/SS application and/or if applicable, the expiration of the suspension of SSI approval. This may assist the CSW in determining the most appropriate time to recommend termination of jurisdiction for a youth with pending SSI/SS issues while also taking the youths best interest in to account.

For youth who may not have been receiving SSI/SS, due to SSI/SS not being the most appropriate source of funding for the youth or the youth being ineligible while in foster care, CSWs must ensure that these youth are referred for SSI/SS and that they have these benefits in place when they transition out of foster care. However, as noted above, DCFS must establish SSI eligibility for youth with developmental disabilities prior to these youth transitioning out of dependency.

If a youth who is potentially eligible for SSI/SS exits foster care without SSI/SS benefits in place or with pending SSI issues, the CSW should (with the youth’s consent), enlist the support and assistance of the youth’s significant support person and/or provide referrals to community resources which include DCFS Independent Living Program (ILP) aftercare services/alumni resources that may be able to provide the youth with assistance related to SSI/SS.

CSWs must collaborate with the SSI Unit to complete, submit and provide necessary forms/verfications requested by SSA to facilitate continued eligibility for SSI/SS benefits. No SSI Disability Screening Tool is required for NMDs already determined eligible for SSI benefits.

Spending Down a Maintenance Account

In cases where DCFS is the representative payee, DCFS maintains an itemized account of income, benefits and expense items for all children receiving SS/SSI benefits. DCFS establishes a maintenance account (trust account) for this purpose and if the child’s income (SSI plus any other source) exceeds the current maintenance expenses of the youth, the remaining amount and any accumulated interest are held in this account.

SSI guidelines allow a recipient to accumulate only up to $2,000 in resources. When a child’s maintenance account reaches $1,500, the SSI EW notifies the CSW via the DCFS 341, and provides instruction to disperse (spend down) a specified amount for the child.

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Requesting Expenses from a Dedicated Account

In cases where DCFS is the representative payee, if a child in receipt of SS/SSI benefits, received past-due benefits that are more than six (6) times the monthly SSI/SSP rate, the past-due benefits must be held in a dedicated account.

Funds in the dedicated account cannot be used towards basic maintenance costs but they can be used for medical treatment, education or job skills training, personal need assistance, special equipment, housing modification, therapy or rehabilitation, or other items or services deemed appropriate by the SSA.

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PROCEDURE

Child Identified as Potentially SS/SSI Eligible

CSW Responsibilities

1. During case planning, refer to the LA DCFS Screening Guide for factors that indicate potential and presumptive disability. If the answer is ‘yes’ to any of the questions, complete the screening in the DCFS Referral Portal on LAKIDs by clicking ‘SSI’ in the dropdown menu, regardless of the age of the child as this is the initial step to refer the child to the SSI Unit.

2. Complete the SSI Screening via the DCFS Referral Portal on LAKIDs, regardless of the child's age in the following cases:

• There is a change in eligibility circumstances for a child who would have otherwise been previously or potentially eligible for SSI based on disability but was not previously referred/approved due to excess income/property, type of placement, immigration status, cost-analysis, case plan goal, etc. This includes situations wherein children are now expected to exit foster care in less than a year via adoption, guardianship or reunification, or via emancipation/transition. (SSI evaluation)

• There is a court order to make a referral for SSI (SSI evaluation)

• The youth is not receiving SSI because they are receiving federal AFDC-FC to cover current placement costs that exceed the SSI limit, and the child no longer meets the eligibility criteria (e.g. school/training requirements) to continue receiving AFDC-FC.

• If a transitioning youth has been previously referred to the SSI Unit but an application was not made or was denied due to funding/income reasons, the screening and referral process must be completed to determine if the youth is now eligible.

• The youth is in out-of-home care, has a potential disability, is sixteen and a half (16.5) years old, and currently does not receive SSI. See Performing a Mandated Screening.

3. Complete the DCFS 280, Technical Assistant Action Request requesting an evaluation in the following cases:

• The parent of a child living in out-of-home care has passed away (SS evaluation)

• The parents of a child living in out-of-home care has started receiving disability/retirement benefits from SSA (SS evaluation)

• If a youth/child who may be eligible to receive Old Age, Survivors, and Disability Insurance Benefits (SS/SSDI/Survivor’s Benefits) and who also has or may have a disability, a screening in the Referral Portal in LAKIDs must be completed.

• There is a court order to make a referral for SS evaluation for potential eligibility for Old Age, Survivors, and Disability Insurance Benefits

4. Provide the PUB 420, Supplemental Security Income (SSI) Information for Transitioning Foster Youth, and the PUB 422, Supplemental Security Income (SSI) for Foster Youth with Disabilities to the youth and the youth’s caregiver (or significant support person). You may also refer the youth to information about Social Security Benefits for Children.

• If the youth/caregiver requires further information regarding the SSI/SS application or process, consult with the SSI Unit.

5. Collaborate with the SSI EW.

• Provide consultation, information, documentation/verification as requested by the SSI EW in connection with the child’s application or appeal (if applicable).

• For more information, refer to Supplemental Security Income (SSI) Social Security Administration Benefits (SSA); and as applicable, to facilitate the youth’s receipt or continued receipt of SSI and/or Disabled Adult Child (DAC) benefits.

• The SSA automatically sends the SSI EW a listing of youth who turned 18, requesting necessary forms for re-evaluation as an adult. The DAC benefits applications/assessments/appeals process is similar to the SSI process, however, the disability that qualifies the youth for DAC must have begun before the youth’s twenty-second (22nd) birthday.

• Follow the instructions of the DCFS SSI Unit to secure a determination of ‘Approved’ or ‘Denied’. A youth’s SSI Referral packet will be closed after three (3) months without a response or contact from the CSW. Upon closing, the alerts will continue until compliance, although a new SSI screens will not be required.

6. If the child is receiving Family Maintenance (FM) services, during the next contact (phone or face-to-face), encourage the parent to make an application at the Social Security Administration office on behalf of the child.

1. If the parent is on CalWORKs, explain that SSI for the child will provide more income to the family and that the child will continue to receive Medi-CalCalifornia's federal Medicaid program. (if eligible, the child automatically receives Medi-Cal through the Federal Medicaid Program). SS benefits, however, can be lower than CalWORKs depending on the work history of the deceased, disabled or retired parent.

2. Explain that the process will require the completion of forms that includes a certified copy of the child’s birth certificate.

3. Provide the parent with the PUB 421 for more information regarding SSI. As applicable provide the parent with the following links or information on SS benefits:

• Social Security Benefits for Children

• Survivor Benefits

• Retirement Benefits

• Social Security Disability Insurance (SSDI)

• SSDI & SSI

4. Assure the parent that you are available to assist in the completion of the forms/documentation.

5. Follow-up on the next contact and provide assistance as needed.

7. Document all contact and assistance provided in the Contact Notebook and as applicable, in the termination of jurisdiction case plan/court report what assistance and information was given to the youth and/or caregiver in obtaining employment or other financial support, and the current status of the youth’s employment/financial situation..

8. Once the child is approved for SS/SSI benefits, continue collaborating with the SSI EW in connection with the child’s Continuing Disability Review (CDR), appeal process (if applicable), and any other matter required for the child’s eligibility.

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Performing a Mandated Screening

CSW Responsibilities

1. When a youth in foster care is at least sixteen (16) years and six (6) months old but less than seventeen (17) years and six (6) months old, complete the SSI Screening via the DCFS Referral Portal in LAKIDs,.

• This screening is still required even though youth has been screened in the past, unless youth has been approved for SSI/SS, as the eligibility criteria and process are different for this age. In addition, a child eligible for SS (old age, disability or survivors benefits) and who has a disability established prior to age 22 may be able to extend the benefits through adulthood.

• Scheduled email alerts are sent to the CSW until the SSI Disabiliy Screening Tool has been completed and submitted.

• All negative SSI screens (all items checked “no”) will automatically be emailed from the DCFS Referral Portal to the Coordinated Services Action Team (CSAT) In-Box at: CSAT_{insert your office name}@dcfs.lacounty.gov for tracking in CWS/CMS by the CSAT Team.

• All positive SSI screens (any item checked “yes”) will be automatically emailed from the DCFS Referral Portal to the SSI Unit In-Box at: SSIDisabilityScreen@dcfs.lacounty.gov.

2. To screen for potential SS benefits, consider the following and if the answer is yes to any of them, complete a DCFS 280 to refer to the SSI Unit.

• The parent of a child living in out-of-home care has passed away (SS evaluation)

• The parents of a child living in out-of-home care has started receiving disability/retirement benefits from SSA (SS evaluation)

SCSW Responsibilities

• Ensure that the CSW completed the mandated SSI/SS screening, including for transitioning youth and all children with potential disability.

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Spending Down a Maintenance Account

CSW Responsibilities

1. Upon receipt of the DCFS 341, from the SSI EW, contact the caregiver and advise them of the amount that needs to be spent.

1. Inquire as to what item(s)/service(s) the child needs or could benefit from, and the corresponding costs of the item(s)/service(s).

1. Obtain the child’s input, if appropriate.

2. Complete the DCFS 341 by listing the item(s)/service(s) being requested and their corresponding amounts.

• Obtain the SCSW and ARA’s signature on the form.

3. Return the completed DCFS 341 to the SSI EW.

• The SSI EW will forward the request to the Accounting Services Division (ASD) for accounting and issuance of funds.

• ASD sends a letter to the caregiver informing them of the amount authorized, and that a request has been sent to the Auditor Controller to issue a check to them.

• The ASD also provides instructions to the caregiver to send the original receipts to Revenue Enhancement and the SSI EW follows up on obtaining the receipts as needed.

Back to Procedure

Requesting Expenses from a Dedicated Account

CSW Responsibilities

1. When a child receiving SS/SSI benefits needs funds from the dedicated account to meet their specialized needs that are not otherwise covered by their existing benefits, submit a DCFS 280, Technical Assistant Action Request, with a request to evaluate eligibility for such funds.

• The SSI EW verifies the existence of these funds, evaluates if the request meets the criteria, and if applicable, contacts the SSA to obtain the necessary approvals.

2. If the payee is not DCFS, and the payee inquires about utilizing the dedicated account funds, refer them to SSA.

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APPROVALS

SCSW Approval

• DCFS 280; and approval of court report recommending transition/emancipation and termination of court jurisdiction

• DCFS 341

ARA Approval

• DCFS 341

HELPFUL LINKS

Forms

Social Security Benefits for Children

Retirement Benefits

Social Security Disability Insurance (SSDI)

SSDI & SSI

CWS/CMS

Case Notes

Case Plan Family Assessment

Child Welfare Services Case Plan

Health and Education Passport

History of Child Placements Report

Status Review Report

Transitional Independent Living Plan (TILP)

LA Kids

ABCDM 228, Applicant’s Authorization for Release of Information (also available in Spanish)

DCFS 341, Foster Care Trust Notification (via CalSAWSCalifornia Statewide Automated Welfare System. The California Statewide Automated Welfare System (CalSAWS) Project and Consortium is the automated welfare business process in California which will serve all 58 California counties by 2023. The implementation of CalSAWS will merge California’s most recent three (3) county-level consortia welfare systems and will support six (6) core programs: California Work Opportunity and Responsibility to Kids (CalWORKs), Supplemental Nutritional Assistance Program (SNAP) known as CalFresh in California, Medi-Cal, Foster Care, Refugee Assistance, and County Medical Services. It encompasses the following functions: eligibility determination, benefit computation, benefit delivery, case management and information management. CalSAWS is replacing the LEADER Replacement System (LRS), which replaced LEADER (Los Angeles Eligibility, Automated Determination, Evaluation, and Reporting) and sixteen (16) other legacy systems in 2016. Application)

DCFS 852, Special Immigration Status/Naturalization Referral

FC 1633A, SSI Screening Guide

JV 365, Termination of Dependency Jurisdiction - Child Attaining Age of Majority

PUB 420, Supplemental Security Income (SSI) Information for Transitioning Foster Youth

PUB 421, Helping Your Child Receive Supplemental Security Income (SSI) for Youth with Disabilities

PUB 422, Supplemental Security Income (SSI) for Foster Youth with Disabilities

Referenced Policy Guides

0100-535.60, Youth Development: The 90-Day Transition Planning Conference, Transition Plan, and Transitioning to Independence

0200-511.05, Adoption Assistance Program (AAP)A mandatory statewide program that provides financial support to families in order to facilitate the adoption of children who would otherwise be in long-term foster care. The intent of this program is to remove limited financial resources as a barrier to adoption. Benefits and Medi-Cal Benefits

1200-500.86, Immigration Options for Undocumented Children and Families

0070-516.15, Screening and Assessing Children for Mental Health Services and Referring to the Coordinated Services Action Team (CSAT)

E080-0620, Supplemental Security Insurance (SSI), Social Security Administration (SSA) Benefits

Statutes

California State Regulations Division 45-302.1 – States in part that the county has the option of supplementing a child’s SSI/SSP grant with state AFDC-FCC when the child in foster care placement meets all general and state AFDC-FC requirements and is not otherwise federally eligible. Federal financial participation is not available in the AFDC-FC supplement to the SSI/SSP grant.

Title XVI of the Social Security Act – Authorizes Social Security benefits (formally called Old-Age, Survivors, and Disability Insurance benefits) to be paid to the children of workers who have retired, become disabled, or died.

Title XII of the Social Security Act – Authorized SSI benefits for certain children with disabilities if their families have low incomes and minimal assets.

Welfare and Institution Code (WIC) Section 391(b)(3) – States in part that in a hearing to terminate jurisdiction over a dependent child who has reached the age of majority, the department must submit a report verifying that assistance in completing an application for Medi-Cal or assistance in obtaining other health insurance, referral to transitional house, or other assistance securing housing, assistance in securing employment or other financial support has been provided to the child.

WIC Section 11401.6 – States that at the time of determining eligibility for AFDC-FC payments, the county must also determine whether the child is currently in receipt of benefits per Title II or Title XVI of the Social Security Act. If so, the county must apply to become the child’s representative payee (as appropriate) while the child is placed in foster care.

WIC Section 13753 – States that when a foster youth receiving SSI payments is approaching their 18th birthday, the county must:

Provide information to the youth regarding the federal requirement that the youth establish continuing disability as an adult in order for SSI benefits to continue beyond their 18th birthday

Provide information to the youth regarding the process for becoming their own payee, or designating an appropriate representative payee if benefits continue beyond their 18th birthday, or for any SSI benefits that have accumulated on their behalf

Assist the youth (as appropriate) in fulfilling the requirements of subdivisions (a) and (b).

WIC Section 13757 – States in part that every youth in foster care nearing emancipation must be screened by the county for potential eligibility in the federal SSI program. The screening must occur when the foster youth is at least 16 years and six month old but less than 17 years and six months old. The application must be submitted to the federal SSA no behalf of the youth. In carrying out subdivision (a), a youth receiving federally the county, as appropriate, should forego federally funded AFDC-FC and instead use state AFDC-FC resources to fund the placement in the month of application or in the month after making an application, and to subsequently reclaim the federally funded AFDC-FC.

WIC Section 13757 (2) – States that when a nonminor dependent (NMD) has been approved for SSI payments but is receiving an AFDC-FC or Kin-GAP benefit that includes federal financial participation in an amount that exceeds the SSI payment (causing the SSI payment to be placed in suspense), the department, during at least one month of every 12 month period, beginning when the SSI benefit is placed in suspense, must forego the federally funded AFDC-FC or Kin-GAP benefits and use state AFDC-FC or Kin-GAP resources to supplement the SSI benefit that the youth receives that month. The county must also inform the SSA that the youth is not receiving any federal financial participation during that month to permit the NMD to receive an SSI benefit during a single month of every 12-month period. The county can subsequently reclaim the federally funded AFDC-FC or Kin-GAP benefit in the following month.

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