The Balanced Budget Act of 1997 (Public Law 104-193) added criteria under which certain immigrants could become eligible for SSI/SSP. "Qualified aliens" who were lawfully residing in the United States on August 22, 1996 and meet SSI/SSP disability standards could become eligible for SSI/SSP.

Immigrants can establish SSI/SSP eligibility even after reaching age 65. Prior to this law change, the Social Security Administration rarely, if ever, made disability determinations for those age 65 or over.

This regulation change impacts legal immigrants age 65 or over who have applied for or are receiving Cash Assistance Program for Immigrants (CAPI). MPP §49-045.12 requires counties to refer any CAPI applicant or recipient to the Social Security Administration if the county believes the individual is eligible to receive SSI/SSP benefits.

Because disability criteria for those over age 65 have been expanded, counties need to ensure that all affected immigrants who indicate having a physical or mental health problem file an application with the Social Security Administration for SSI/SSP.

Counties must also require that those persons it refers to Social Security receive a formal decision from the Social Security Administration on the application. Counties must obtain, either from the referred individual or the Social Security Administration, both the verification that the application has been filed and the decision on that application. A recipient's CAPI benefits must be suspended (see MPP §49-060.1(b)), if the recipient fails to provide proof that an application has been made, or that all necessary steps have been taken to obtain SSI/SSP.