The CAO will determine the refugee's eligibility for TANF cash assistance before determining eligibility for Refugee Cash Assistance. See the Cash Assistance Handbook for program requirements and procedures. The CAO will determine eligibility as it would for any other TANF applicant.
Reminder: The CAO will contact the VOLAG to determine if it is providing cash or in-kind assistance to the refugee. Consent of the refugee for the contact is not required. The CAO will record the contact with the agency in the case record.
If the refugee does not meet the age, specified relative, and deprivation requirements for TANF, the CAO will determine eligibility for RCA.
If a refugee is age 65 or older, blind, or disabled, the CAO will refer them to the Social Security Administration. The refugee may receive RCA pending a decision on their eligibility for SSI or RSDI.
NOTE: If a refugee receives RCA pending a decision on eligibility for SSI benefits, the CAO may not claim reimbursement for both RCA and delayed SSI benefits. The CAO will assign program status code 02 to the refugee and will have them sign a FAIR 176 SSI. The CAO will print in red in the upper right corner of the form the notation: "REFUGEE -Eligibility period for 100% federal reimbursement expires on (date of expiration)." This will alert the Office of Fraud and Abuse Investigation and Recovery (OFAIR) to begin computing reimbursement from that date forward.
The CAO will apply the TANF requirements and procedures contained in the Cash Assistance Handbook with the following modifications:
The CAO will apply the TANF requirements and exclusions of the Cash Assistance Handbook, Chapter 140, Resources, to determine the refugee's resource eligibility. The CAO will consider resources as follows:
45 CFR 400.45 45 CFR 400.66(c)
Those actually available at the time assistance is needed. The CAO will not consider resources owned by the refugee or the refugee's legally responsible relative if the resource remains in the country of origin.
Those actually made available from the VOLAG, sponsor, or other community group.
Reminder: The CAO will not deem the resources of the VOLAG or sponsor to determine the refugee's eligibility for RCA. The CAO will consider only those resources actually made available to the refugee.
The CAO will apply the TANF requirements and exclusions of the Cash Assistance Handbook Chapter 150, Income, to determine the refugee's income eligibility.
Exception: The CAO will not apply the TANF earned income incentive deduction when determining the refugee's net income. Total net monthly income, without the earned income incentive deduction must be less than or equal to the appropriate Family Size Allowance for the refugee to receive RCA benefits.
45 CFR 400.61(a) OPS001003-Refugee Resettlement Pgm Reg Change
The CAO will not deem income from the VOLAG or sponsor to determine the refugee's eligibility for RCA. The CAO will consider only income actually made available to the refugee.
A refugee who is a full-time undergraduate or post-graduate college student is not eligible for RCA unless they are a professional in need of professional refresher training and other recertification services to qualify to practice their profession in the US. The education must meet all of the following:
Is approved as part of the employment plan developed for the refugee by the designated employment service provider.
Does not exceed one year's duration, including time enrolled before the refugee's application for benefits.
Is specifically intended to assist the refugee in becoming relicensed in their profession and, if completed, can realistically be expected to result in relicensing.
The CAO will apply different employment requirements and sanctions to refugees who are receiving RCA. See Section 730.42, Employment Requirements.
A refugee who is not exempt from employment requirements must cooperate with the employment service provider designated to provide services to the refugee. See Appendix B for a list of designated employment service providers for each county. The CAO should designate a member of the CAO employment and training staff to be a liaison with the provider. The CAO will contact the provider to establish local procedures and methods of referral.
The requirements of this Section apply to the refugee during the period he/she is eligible for RCA benefits. A refugee whose time eligibility has ended or who is eligible for TANF must comply with the Department's Employment and Training Program (ETP) requirements. See the Cash Assistance Handbook Chapter 135, Employment and Training, for exemptions and requirements.
45 CFR 400.70 EPP201135-Refugee Eligibility for RESET
NOTE: All employable refugees receiving TANF may receive employment services from the designated employment service provider. The CAO will apply the provisions of the New Directions employment program but will refer these refugees to the provider for employment services. Services from the provider are available for up to two years from the refugee's date of entry.
The CAO will determine whether a refugee is exempt or required to cooperate with employment and training requirements. A refugee who is exempt from employment requirements may voluntarily participate in employment services provided by the employment service provider. The CAO will:
1. Enroll all nonexempt refugees in RESET using one of the following enrollment codes:
60 - Refugee who does not meet the criteria for any exemption code.
61 - Refugee meets an exemption code but volunteers.
2. Complete an Agreement of Mutual Responsibility (AMR) (PA 1661) which requires the refugee to cooperate with the employment service provider.
3. Refer the refugee to the designated employment service provider.
4. Explain that the refugee must cooperate with the provider. Advise of the sanctions which may be applied if they fail to comply without good cause.
The employment service provider will develop a detailed plan for employment and/or training and will provide the CAO with a copy of the plan for tracking.
NOTE: In areas where there is a great distance between the CAO and the provider, the provider will assess the refugee's needs and develop a plan, but the CAO may carry out the plan.
The refugee must comply with the following employment requirements unless he/she has good cause for not doing so:
Cooperate with the provider's employment plan.
Not quit a job or refuse a bona fide offer of employment within the 30 calendar days before the date of application or while receiving RCA benefits.
Register with the designated employment service provider and cooperate with the provider's employment plan.
Complete a job search as required by the employment service provider
Go to a job interview arranged by the employment service provider.
Accept an offer of employment considered acceptable by the employment service provider.
Participate in an employability service program which provides job or English language training if one is available.
The employment service provider must advise the CAO if the refugee fails to meet employment requirements. The CAO will record the date of the failure and the date the provider reported the failure. The CAO will determine if the refugee should be sanctioned. See Section 730.422, Employment Sanctions.
45 CFR 400.72(c) 45 CFR 400.77
The CAO will apply the guidelines in the Cash Assistance Handbook, Chapter 135, Employment and Training, to determine if an employability service program or employment is bona fide and whether the refugee had good cause for failure or refusal to comply.
The CAO will determine if a refugee is exempt from the employment requirements by applying the same employment exemption criteria applied to other cash recipients. See the Cash Assistance Handbook, Chapter 135, Employment and Training, for the list of exemptions.
Exception: The Refugee Assistance Program does not exempt a refugee who is age 60 to 65. If a refugee age 60 to 65 does not meet any other exemption, the CAO will enroll that individual in ETP as a voluntary registrant - enrollment code 40.
The inability to speak English does not exempt a refugee from complying with the employment requirements.
The employment sanctions in this Chapter apply only during the period the refugee receives RCA. See the Cash Assistance Handbook, Chapter 135, Employment and Training, for the sanctions applied to all other refugees.
If, at application, the CAO determines that an employable applicant for RCA quit a job or refused an offer of employment, without good cause, in the 30 days before the date of application, the refugee is ineligible during the 30 calendar days following the date of the job quit or refusal.
If a nonexempt refugee fails to meet the employment requirements in Section 730.42 while a recipient of RCA, the CAO will determine if they had good cause for not doing so. The CAO will consider information and recommendations provided by the employment service provider.
See the Cash Assistance Handbook, Chapter 135, Employment and Training, for guidelines for determining good cause.
No later than 10 calendar days following the date of a failure or refusal to participate, the CAO will contact the refugee to discuss his/her noncooperation and the steps they must take to comply. The CAO will allow the refugee 30 calendar days from the date of the conciliation interview to establish good cause or to verify that they have complied.
Example: The employment service provider notifies the CAO that Mr. Yesovitch did not go to a job interview on 10/12 as they had requested. On 10/19, the CAO discusses the failure with Mr. Yesovitch and determines that he did not have good cause and advises that he will be sanctioned unless he goes to the interview as requested or arranges and keeps an interview for other similar work. The CAO advises that he must provide proof of compliance no later than 11/18.
If a refugee does not have good cause or the noncompliance cannot be resolved during the 30 day conciliation period, the CAO will discontinue RCA as follows:
Three payment months for the first failure, and
Six payment months for subsequent failures.
If the sanctioned refugee is the only member of the budget group, the CAO will close the case. If the budget group includes other persons, the CAO will remove the sanctioned refugee.
The CAO will not apply employment sanctions if the refugee is exempt but is voluntarily registered for employment. The employment service provider may discontinue services to the refugee for up to 90 days from the date of the failure.
A refugee who is receiving RCA is eligible for the same allowances for special needs available to other recipients. See the Cash Assistance Handbook Chapter 138, Allowances and Benefits. This includes allowances related to the refugee's participation in employment and training activities. The CAO will work with the employment service provider to determine the needs of the refugee and to provide appropriate allowances.
The refugee who loses their eligibility for RCA due to increased earnings from employment, new employment, or increased hours of employment is eligible for continued MA for eight months or until the end of their RCA time eligibility, whichever comes first.
The procedures for extending NMP benefits following the RCA closure are the same as for extended MA benefits following closure of RMA. See Section 730.52, Extended MA Benefits Following Closure of RCA or RMA.
If NMP is extended during the RCA eligibility period, the CAO will assign program status code 02 until time eligibility ends.
A newborn child is automatically eligible for cash and medical benefits under the RCA program if:
the child is born to a woman who is receiving RCA at the time of the birth;
Reminder: If the TANF deprivation requirements are met, the CAO will authorize TANF, not RCA, during the woman's last trimester.
both parents are refugees.
The CAO will follow the same procedures as for any other cash recipient. Although the newborn is a U.S. citizen, RCA provides 100% federal funding until the end of the mother's eligibility period.
Important: If the newborn does not meet the above requirements, the CAO will authorize extended benefits as it would for any other newborn. However, the CAO will not assign a refugee program status code to the newborn's budget.
If the CAO authorizes RCA for the newborn, it will assign citizenship code 04 and program status code 02 to the newborn's budget. The newborn's date of entry is the mother's date of entry. The CAO will continue RCA benefits for the newborn until the end of the mother's time eligibility. When the RCA period ends, the CAO will change the citizenship code to 01. Central Office will remove the refugee program status code.
100% federal funding is available for payment of burial costs for refugees who are receiving RCA at the time of death. See Chapter 890, Burial Payment. If the refugee was receiving RCA benefits at the time of death, the CAO will enter the program status code 02 on the Burial Payment Invoice (PA 118).
Reissued February 14, 2013, replacing March 16, 2012