What publicly funded benefits may not be considered for public charge
purposes?
A. Non-cash benefits (other than institutionalization for long-term care)
are generally not taken into account for purposes of a public charge
determination.
Special-purpose cash assistance is also generally not taken into account for
purposes of public charge determination.
Non-cash or special-purpose cash benefits are generally supplemental in
nature and do not make a person primarily dependent on the government for
subsistence. Therefore, past, current, or future receipt of these benefits
do not impact a public charge determination. Non-cash or special purpose
cash benefits that are not considered for public charge purposes include:
Medicaid and other health insurance and health services (including public
assistance for immunizations and for testing and treatment of symptoms of
communicable diseases; use of health clinics, short-term rehabilitation
services, and emergency medical services) other than support for long-term
institutional care
Children's Health Insurance Program (CHIP)
Nutrition programs, including Food Stamps, the Special Supplemental
Nutrition Program for Women, Infants and Children (WIC), the National School
Lunch and School Breakfast Program, and other supplementary and emergency
food assistance programs
Housing benefits
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (
LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance (such as attending public school), including benefits
under the Head Start Act and aid for elementary, secondary, or higher
education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup
kitchens, crisis counseling and intervention, and short-term shelter)
State and local programs that are similar to the federal programs listed
above are also generally not considered for public charge purposes. Please
be aware that states may adopt different names for the same or similar
publicly funded programs. It is the underlying nature of the program, not
the name adopted in a particular state, which determines whether or not it
should be considered for public charge purposes. In California, for example,
Medicaid is called "Medi-Cal" and CHIP is called "Healthy Families." These
benefits are not considered for public charge purposes.
In addition, and consistent with existing practice, cash payments that have
been earned, such as Title II Social Security benefits, government pensions,
and veterans' benefits, among other forms of earned benefits, do not
support a public charge determination. Unemployment compensation is also not
considered for public charge purposes.