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Treat an aged, blind or disabled spouse who fails SSI's noncitizen test as an ineligible spouse, and base CAPI's mixed couple on actual SSI/SSP receipt #10481
Description
Problem
ssi_claim_is_joint and is_ssi_eligible_spouse require only that both spouses are aged, blind or disabled. They do not apply SSI's citizen or qualified-noncitizen test. A citizen married to an aged, blind or disabled noncitizen who fails that test therefore gets the SSI couple computation. Under 20 CFR 416.1160(d) the noncitizen is an ineligible spouse, and SSA deems that spouse's income to the citizen (POMS SI 01320.430).
California CAPI (#10379) keys its mixed couple on ssi_couple_computation_applies. So it applies the mixed-couple computation (MPP 49-005(e)(3), 49-050.13, 49-035.221) whenever both spouses are aged, blind or disabled, even when SSA pays the citizen nothing. In that case MPP 49-005(i)(2) makes the citizen an ineligible spouse for CAPI, and the citizen's income is deemed to the CAPI member.
Example (California, January 2026, cooking facilities)
A citizen aged 72 with $1,300 a month of Social Security is married to a noncitizen aged 68 who has no income and is CAPI-eligible.
| Model (with #10240 and #10379) | Law | |
|---|---|---|
| Citizen's countable income | 1,280 / 2 = 640 (couple computation) | 1,300 − 20 = 1,280, above the 1,233.94 SSI/SSP standard |
| Citizen's SSI | 1,491 / 2 − 640 = 105.50 | 0 |
| Citizen's state supplement | 1,233.94 − 105.50 − 640 = 488.44 | 0 |
| CAPI | 2,098.83 − 1,280 − 105.50 − 488.44 = 224.89 (mixed couple) | Deeming (POMS SI 01320.430 D): federal min(994 − 0, 1,491 − 1,280) = 211; state min(239.94, 607.83) = 239.94; 450.94 |
| Household total | 818.83 a month | 450.94 a month |
Proposed fix
- Make SSI couple status require both spouses to pass SSI's citizen or qualified-noncitizen test, so that a spouse who fails it is an ineligible spouse and spouse-to-spouse deeming applies. Coordinate with Apply 416.1163(e)(2) to deemed SSI and identify SSI couples by marriage, not tax roles #10141, which identifies SSI couples by marriage.
- Key CAPI's mixed couple on whether the spouse actually receives SSI/SSP. When the spouse receives neither SSI/SSP nor CAPI, use CAPI's deeming computation.
- Restate the affected YAML cases. These include
ca_state_supplement.yamlCase 11 in Count income of aged, blind, or disabled people who fail SSI's noncitizen test #10240, where the model pays the citizen $845.81 against SSA's $838.81.
Activity
hua7450 commentedon Oct 29, 2026
Two updates from the reviews of #10240 and #10379:
ca_state_supplement.yamlCase 11 (Count income of aged, blind, or disabled people who fail SSI's noncitizen test #10240), SSA deems none of the CAPI spouse's income. CAPI is a public income-maintenance payment (20 CFR 416.1142(a)(6); POMS SI 00830.175), and income counted in figuring such a payment is excluded from deeming whoever receives it (20 CFR 416.1161(a)(2)-(3); POMS SI 01320.141 A). So SSA pays the citizen 967 − 480 = $487 of SSI and 1,335.81 − 967 = $368.81 of state supplement, $855.81 in all. The $838.81 earlier in this thread did not apply that exclusion. The fix here should apply it.