Public Benefits Restrictions on Non-Citizens

After August 2001, some non-citizens (aliens) who were present when the Welfare Act was passed in 1996, subjecting them to a five year ban, may become eligible for Medicaid, Medicare and Social Security benefits if they fit the definition as being qualified immigrants. Aliens who were receiving SSI prior to August 1996 retain their program eligibility. Also, individuals who were legally residing in the USA prior to August 1996 and who become disabled can obtain SSI.

A qualified non-citizen is as follows: a lawful, permanent resident, an alien granted asylum or granted withholding of deportation, a Cuban/Haitian entrant, or certain battered spouses and children. However, the Welfare Act gives states the option to deny benefits to qualified immigrants. As of this writing, only one state, Wyoming, had chosen to deny qualified aliens access to Medicaid. Emergency Medicaid, which is treatment for only medical conditions with acute symptoms and communicable diseases, is not subject to immigrant restrictions.

Due to the complexity of the law governing benefits for senior non-citizens, an experienced attorney familiar with governmental benefits should be consulted.

The Pennsylvania Department of Public Welfare administers several other programs, which may provide benefits such as food stamps and medical assistance.