730.4 Refugee Cash Assistance (RCA)

RCA is a cash benefit, entirely federally-funded and administrated by states or other designated entities. In Pennsylvania, RCA is modeled after TANF and administered by County Assistance Offices with guidance from the PA Refugee Resettlement Program (PA RRP) under the Department of Human Services (DHS), Bureau of Employment Programs, Division of Employment and Training. RCA provides cash assistance to qualifying refugees who do not meet TANF criteria.

RCA cash payment amounts mirrors that of the TANF program and requires non-exempt refugees to take part in employment and training activities via refugee employment providers.

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/RA 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 must refer them to the Social Security Administration for SSI and follow the Disability Advocacy Process (DAP), outlined in Supplemental Handbook Chapter 820. The refugee may receive RCA pending a decision on their eligibility for SSI or RSDI.

45 CFR 400.50(b)

 

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 authorize category D with 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 must screen each application before the application interview. The screening interview may be done face to face, by telephone, or by mail. It is utilized to gather incomplete information and make the client aware of pending verifications to facilitate timely processing.

NOTE:  The CAO will determine expedited SNAP eligibility on the day the application is received, as well as whether it is a potential RCA or TANF application.

NOTE:  A face-to-face interview for RCA (as per TANF requirements) applicants must be scheduled within 13 calendar days from the date of application.

45 CFR 400.50(a)

An AMR must be completed during the face to face application interview and a referral made to a refugee employment provider if the refugee is non-exempt. A copy of the AMR should be given to the client, as well as faxed or emailed to the refugee employment provider.

An RCA household can consist of newly arrived refugees who have resided in the US less than 8 months who are:

The households listed above are independent of each other even if they live in the same household and would form their own grant group.

45 CFR 400.53

NOTE:  Refugee status is a lawfully admitted noncitizen who qualifies for TANF if there is a TANF child or pregnant woman and all TANF eligibility requirements are met. Most are subject to the five-year bar. See Cash Assistance Handbook, section 122.12

730.41 RCA Requirements

To meet non-financial eligibility requirements for RCA, a refugee must:

45 CFR 400.53

The CAO will apply the TANF requirements and procedures contained in the Cash Assistance Handbook with the following modifications:

45 CFR 400.45

730.411 Resources

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)

Reminder: The CAO will not deem the resources of the VOLAG/RA 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 not consider any resources remaining in the applicant's country of origin in determining resource eligibility.

45 CFR 400.66

730.412 Income

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.

The CAO will not consider any resources remaining in the applicant's country of origin in determining income eligibility.

45 CFR 400.66    OPS001003-Refugee Resettlement Pgm Reg Change

The CAO will not deem income from the VOLAG/RA or sponsor to determine the refugee's eligibility for RCA. The CAO will consider only income actually made available to the refugee.

NOTE:  Spouses share one RCA budget just like TANF unless they have a different Date of Entry; that is the only time spouses should have multiple RCA budgets. Income of a spouse is deemed to the other spouse to determine income eligibility, even if they have a different entry dates.

45 CFR 400.60

730.413 Student Status

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:

45 CFR 400.53(a)(4)

730.414 Employment Requirements

The CAO will apply different employment requirements and sanctions to refugees who are receiving RCA. See Section 730.42, Employment Requirements

45 CFR 400.70

730.42 Employment Requirements

As a condition for receipt of RCA, 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 available 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.

45 CFR 400.75

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 400.152(b)   45 CFR 400.75   45 CFR 400.70

 

NOTE:  All employable refugees receiving TANF may receive employment services from a specified refugee employment service provider. Services from the specified refugee employment providers are available for up to 5 years from the date of entry.

Using the Cash Assistance Handbook Chapter 135.3 Exemptions from RESET Enrollment, the CAO will determine whether a refugee is exempt or required to cooperate with employment and training requirements. Good cause may also be reviewed using Cash Assistance Handbook Chapter 135.4 Good Cause. A refugee who is exempt from employment requirements may voluntarily participate in employment services provided by the employment service provider. The CAO will:

45 CFR 400.76

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.

45 CFR 400.79

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:

45 CFR 400.77

In areas where there is no apparent , local provider, contact PARRP for guidance and assistance:

RA-HSRefugeeProgram@pa.gov

45 CFR 400.75

In areas where there is designated refugee staff, the CAO will meet with the provider once monthly for DST meetings to discuss client participation and progress. In areas where there is no designated refugee staff, the CAO will track participation. 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.

45 CFR 400.81(a)

730.421 Exemptions from Employment Requirements

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.

45 CFR 400.76

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.

730.422 Employment Sanctions

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.

45 CFR 400.77(a)

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.

45 CFR 400.77(b)

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.

45 CFR 400.82(b)(3)

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:

45 CFR 400.82(c)(2)

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.

45 CFR 400.82(a)

730.43 Special Allowances for Refugees

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.

45 CFR 400.72

730.44 Extended MA Benefits following Closure of RCA

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.

45 CFR 400.104

The procedures for extending NMP benefits following the RCA closure are the same as for extended MA benefits following closure of RMA. See Section 730.53, Extended MA Benefits Following Closure of RCA or RMA.

If NMP is extended during the RCA eligibility period, the CAO will authorize PD category with program status code 02 until the end of their 8 month refugee assistance time limit.       

For refugees who lose RCA eligibility due to working but continue to have a special Medical needs, review Chapter 316: Medical Assistance Eligibility handbook (MAWD).

730.45 Newborn Eligibility

A newborn child is automatically eligible for cash and medical benefits under the RCA program if:  

45 CFR 400.208

Reminder: If the TANF deprivation requirements are met, the CAO will authorize TANF, not RCA, during the woman's last trimester.

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.

45 CFR 400.208

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.

730.46 Payment for Burial

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).

45 CFR 400.202

 

Reissued April 30, 2018, replacing February 14, 2013