Section 218-RICR-20-00-2.6 - Time LimitA. Effective January 1, 2020, the Rhode Island Works law (R.I. Gen. Laws Chapter 40-5.2) provides in part that all applicants and/or recipients for cash assistance shall be subject to a maximum lifetime limit of sixty (60) months of cash receipt, since May 1, 1997. B. Exemptions to the Time Limit and Notices. R.I. Gen. Laws § 40-5.2-10 states that the Department of Human Services may extend an assistance unit's or family's cash assistance beyond the time limit by reason of hardship; provided, however, that the number of such families to be exempted by the Department under hardship shall not exceed twenty percent (20%) of the average monthly number of families to which assistance is provided in a fiscal year; provided, however, that to the extent permitted by Federal law, any waiver granted under R.I. Gen. Laws §50-5.2-35, for domestic violence, shall not be counted in determining the twenty percent (20%) maximum.C. Notice of Time Limit. When a parent or caretaker relative reaches his/her time limit, notice is issued informing the individual of the action being taken in accordance with §2.31 of this Part. The notice contains information about the time limit, the number of months the recipient has remaining, the hardship extension policy, the availability of a post-employment closure bonus and any other information pertinent to an assistance unit nearing the time limit. Recipients will start to receive notice of time limit when they have six (6) months of cash assistance remaining and each month thereafter until the sixty (60) month limit has expired. For applicants who have less than six (6) months remaining in the time limit because the family/assistance unit previously received cash assistance in Rhode Island or any other State, the Department shall notify the applicant of the number of months remaining when the application is approved and shall begin the monthly notice process as described above.D. Counting Cash Assistance from Other States 1. Family cash assistance issued in any other State or Territory of the United States of America shall include family cash assistance funded on or after May 1, 1997, in whole or in part by Temporary Assistance for Needy Families (TANF) funds and/or family cash assistance provided under a program similar to the Rhode Island Works program.2. Cases in which an adult was sanctioned shall be counted toward the adult's time limit. The Department shall disregard any months during which the adult had previously received cash benefits as a minor dependent child. A notice of adverse action is mailed to the family to inform them of the change in the number of months being counted toward the adult's time limit. 2.6.1Exceptions to Time LimitThe time limit shall not apply in the instances of (1) a minor child(ren) living with a single parent who receives SSI benefits, or with two-parents who both receive SSI benefits, and (2) a minor child(ren) living with a legally responsible non-parent caretaker relative who is not in the cash assistance payment.
2.6.2Hardship Extension to Time LimitA. Any individual approaching either time limit, or who has met or exceeded the time limit, is notified that s/he may request a reassessment to determine whether or not s/he may meet the criteria for an extension beyond the time limit. Individuals are required to complete an application for RI Works Program Hardship Extension.B. A parent who is either undocumented or who does not meet the non-citizen requirements required for eligibility for cash assistance under Federal PRWORA, who has received benefits for his/her citizen child(ren), may request a hardship extension for the child(ren) at their time limit.C. A client who has closed due to reaching both the sixty (60) month lifetime time limit and the three (3) month full family sanction, simultaneously, may request to be evaluated, and may be eligible for an extension to the time limit.2.6.3Criteria for Hardship ExtensionA. A hardship extension may be granted to the parent(s) or caretaker relative if all other Rhode Island Works eligibility requirements are met, including redeterminations, and one (1) of the following criteria applies:1. Has a documented significant physical or mental incapacity and can document a pending application for SSI or SSDI and has submitted an application for or is active and in compliance with his/her employment plan with the Office of Rehabilitation Services; or.2. Is caring for a significantly disabled family member who resides in the home and requires full time care; or3. Is homeless as defined in § 2.2 of this Part; or4. Is unable to pursue employment because of a current, documented domestic violence situation; or5. Is unable to work because of a critical other condition or circumstance, other than citizenship or non-citizen status, as approved by a DHS supervisor. a. "Other Critical Condition or Circumstance" includes the inability to participate due to the COVID-19 crisis, as determined by the DHS and based on the individual's ability to participate from home. If participation is not possible, sanctions may be imposed during this crisis.B. The parent or caretaker relative will be offered assistance to remove or ameliorate barriers preventing her/him from obtaining and maintaining employment and reducing dependence on income supports.2.6.4Hardship Extensions and ProceduresA. DHS provides an initial hardship extension for six (6) months. Additional six (6) month hardships are available. Parents and/or relative caretakers who receive a hardship extension have the option to request early termination of benefits by contacting their DHS worker. B. Individuals within six (6) months of applicable time limit are sent letters informing them of the time remaining and that they may request a review of their pending closure. When a request for a reassessment is received, whether by a current recipient or a re-applicant, the DHS worker must promptly determine whether or not the individual meets the criteria for an extension to the time limit. The reassessment must also determine the extent to which her or his ability to work is affected by the applicable criteria.C. Any hardship extension that is granted requires an amended employment plan be signed containing steps to be taken as appropriate in order to remove/ameliorate the condition that warranted the extension. RIW workers may utilize alternate methods to communicate with parents to review amendments and enter agreed upon amendments to move forward with the extension in the electronic case record.D. If a requesting parent cannot have an employment plan entered into the eligibility system due to a reason for exclusion (e.g., non-citizen not meeting PRWORA requirements), a written plan is required to be developed, and to be signed by the parent stating that the parent will cooperate with services to ameliorate the condition that led to the hardship. In addition, because an undocumented non-citizen parent cannot legally work, the parent is directed to determine whether or not there is a pathway to legal status as a work activity.E. Good cause for non-compliance with an activity in the employment plan during a hardship extension is allowed consistent with provisions established in Good Cause for Failure to Comply, §2.11.10 of this Part. If good cause is found, the parent is allowed to continue or renew the request for hardship and must demonstrate compliance with the plan consistent with provisions established in Ending Work Penalties, §2.11.13 of this Part.2.6.5Required Documentation to Support Hardship ExtensionA. Significant physical or mental incapacity. 1. The following must occur for approval of an initial hardship request: a. A significant physical or mental incapacity must be documented on a current medical verification form. (1) The inability to participate due to the COVID-19 crisis, as determined by the DHS and based on the individual's ability to participate from home. If participation is not possible, sanctions may be imposed during this crisis.b. The individual must apply for or have a pending application for SSI or SSDI.c. The individual must have submitted an application for or be active and in compliance with his/her employment plan with the Office of Rehabilitation Services (ORS) Vocational Rehabilitation.d. Quarantine of the household due to the COVID-19 virus.e. Illness of the applicant or a family member, due to the COVID-19 virus. 2. Subsequent incremental extensions require the following:a. Updated medical verification forms.b. Documentation of the active status or documentation of the appeal of a denial of the SSI/SSDI application.c. Documentation of ongoing compliance in the individual's rehabilitation employment plan as reported by ORS, or documentation that the individual was found eligible for vocational rehabilitation services but was placed on a wait list for services under the order of selection.d. Quarantine of the household due to the COVID-19 virus.e. Illness of the applicant or a family member, due to the COVID-19 virus. B. Care for a significantly disabled family member who resides in the home and requires full time care 1. The following must occur for approval of an initial hardship request:a. Documentation through a descriptive statement from a Doctor of Medicine (M.D.), Psychiatrist (M.D.), Psychologist (PhD), or Doctor of Osteopathy (D.O.) that said level of care is required.b. In addition to the full-time care of the family member, the individual's employment plan must include a requirement that the individual develop a plan for transfer of care (for the disabled family member) to enable a return to employment for the individual or other plan for support in anticipation of the end of cash assistance.2. Subsequent incremental extensions require the following: a. An updated medical statementb. An updated plan for transfer of care to transition from cash assistance.C. Homeless 1. For approval of an initial hardship request the family must provide documentation of homelessness either from a shelter or evidence as described in §2.18.11 of this Part.2. Requests for a subsequent incremental extension must be accompanied by the submission of a letter of support for the extension from a housing search specialist.D. Domestic Violence 1. The following must occur for approval of an initial hardship request:a. Documentation by a Family Violence Advocate.b. An employment plan is developed that articulates appropriate steps to reduce the threat of violence and increase family security, including steps to prepare for employment and economic independence. 2. Requests for a subsequent incremental extension must be accompanied by the submission of a written letter supporting the extension from a community partner and/or family violence advocate who is involved with the individual.E. Inability to work because of a critical condition or circumstance, other than citizenship or non-citizen age status, is documented as deemed appropriate by the supervisor who approves the extension. 1. "Critical Condition or Circumstance" includes the inability to participate due to unforeseen events, as determined by the DHS and based on the individual's ability to participate from home. If participation is not possible, sanctions may be imposed.218 R.I. Code R. 218-RICR-20-00-2.6
Adopted effective 1/6/2019
Amended effective 2/16/2020
Amended effective 2/27/2022
Amended effective 11/11/2022
Amended effective 8/26/2023
Amended effective 11/4/2023