218 R.I. Code R. 218-RICR-20-00-6.4

Current through November 7, 2024

Section 218-RICR-20-00-6.4 - Eligibility

6.4.1Eligibility for Categorical Programs

A. When a refugee applies for cash and/or medical coverage, eligibility must first be determined for the appropriate categorical program(s): Supplemental Security Income (SSI), Rhode Island Works (RIW), General Public Assistance (GPA), and/or Medicaid.

1. A family eligible only due to refugee status are accepted on RIW as Refugee Cash Assistance (RCA/RIW) recipients.

2. An individual or childless couple who have a disability severe enough to temporarily prohibit their employment will be considered for GPA.

3. An individual who is sixty-five (65) years of age or older, or who is blind or disabled, will be referred to the Social Security Administration to apply for SSI.

a. An individual with an application pending for SSI is eligible to received Refugee Cash Assistance/GPA until SSI benefits are available.

B. Continued eligibility for SSI, RIW, GPA or Medicaid is dependent upon the applicant meeting the requirements of the specific program.

6.4.2Ineligibility for Categorical Programs

A. If eligibility for one (1) of the categorical programs does not exist, eligibility is then determined under the characteristic of "refugee" provided the applicant has resided in the United States for twelve (12) months or less. In such cases:

1. All categorical relatedness is waived.

2. Applicants must meet all other eligibility requirements including, but not limited to, financial and residency requirements.

3. Recipients must meet the Refugee Cash Assistance employment and social service requirements for continuation of benefits.

4. Single individuals and childless couples receive cash assistance through Refugee Cash Assistance.

6.4.3Eligible Groups

A. Refugee Assistance is available to those who are:

1. Paroled as a refugee or asylee under § 212(d)(5) of the Refugee Act (8 U.S.C. § 1101et seq.)

2. Admitted as a refugee under § 207 of the Refugee Act (8 U.S.C. § 1101et seq.)

3. Granted asylum under § 208 of the Refugee Act (8 U.S.C. § 1101et seq.)

4. Cuban and Haitian entrants, in accordance with requirements in 45 C.F.R. Part 401.

5. Certain Amerasians from Vietnam who are admitted to the United States as immigrants pursuant to § 584 of the Foreign Operations, Export Financing, and Related Programs Operations, Export Financing, and Related Programs Appropriations Acts, 1989, 8 U.S.C. § 1101.

6. Special Immigrant Visa (SIV) Holders from Iraq and Afghanistan

7. Admitted for permanent residence, provided the individual previously held one (1) of the statuses identified above.

6.4.4Ineligible Groups

A. Refugee Assistance is not available to those who:

Are full-time students in post-secondary education, unless specifically eligible under the provision listed in § 6.6(D) of this Part.

6.4.5General Eligibility

A. As a requirement for eligibility, all applicants for Refugee Cash Assistance must:

1. Provide the name of the resettlement agency or sponsor who was responsible for their resettlement.

2. Provide the type of assistance, if any, the resettlement agency or sponsor is providing to the applicant

a. If financial assistance is provided by the resettlement agency or sponsor, it is treated in accordance with the policy of the appropriate program, when determining eligibility for and the amount of assistance.

3. Not have voluntarily quit employment or refused an offer for employment without good cause within thirty (30) days immediately prior to the application date.

B. Medicaid eligibility is evaluated first using the MAGI methodology set forth in 210-RICR- 30-00-1 and the SSI standards for Community Medicaid in 210-RICR- 40-00-1.

6.4.6Duration of Eligibility

A. The duration eligibility for Refugee Cash Assistance (RCA) follows the directive of the Director of the Federal Office of Refugee Settlement. Under the authority of Pub. Law 97-363 (1982 Amendments to the Refugee Act of 1980, 8 U.S.C. § 1101et seq.), Pub. Law 99-177 (Balanced Budget and Emergency Deficit Control Act of 1985, 2 U.S.C. § 621), and Pub. Law 100-202 (the Continuing Resolution for FY 1988), the Department of Health and Human Services limits the duration of (RCA) through the end of the twelfth (12^th) month from the date of arrival in the United States.

B. Each refugee's eligibility is based on the month and year of entry into the United States. Since each individual in a case may have entered the country at a different time, an individual may be discontinued from the payment as ineligible while the case remains active (unless the eligibility factor for the case is dependent upon the ineligible individual).

C. Any recipient discontinued from RCA, or whose eligibility is discontinued due to the first (1^st) twelve (12) month limitation, must be informed of the right to apply for the appropriate category program, if potential eligibility for such program exists.

218 R.I. Code R. 218-RICR-20-00-6.4

Amended effective 8/5/2022