PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 388-400-0030 Refugee cash assistance.
Purpose: Changes the date asylees become eligible for refugee cash assistance (RCA) from the month they enter the United States to the date they are granted asylum. Prior to this change asylees were not eligible for RCA until asylum had been granted. This was usually after the eight-month time limit expired. This change reflects reversal of policy by the United State Immigration and Naturalization Service (INS).
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.
Statute Being Implemented: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.
Summary: Changes the date asylees are eligible for RCA from the month of entry to the date they are granted asylum.
Reasons Supporting Proposal: Prior to this change asylees could not timely access RCA as by the time asylum had been granted the eight-month time limit (from the month of entry) had expired. This change will insure that asylees will be able to get needed benefits under the RCA program.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Vicky Robinson, Division of Assistance Programs, (360) 413-3031.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Changes the date asylees are eligible for RCA from the month of entry to the date they are granted asylum. This change reflects a reversal in policy from the INS and was done so that asylees would be able to access RCA benefits in a timely manner.
Proposal Changes the Following Existing Rules: Changes the date asylees are eligible for RCA from the month of entry to the date they are granted asylum.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Small businesses are not impacted by this change.
RCW 34.05.328 does not apply to this rule adoption. This change in rule does not meet the definition or a significant legislative rule because RCW 34.05.328 (5)(b)(vii) exempts rules relating to client financial eligibility.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on February 27, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper, DSHS Rules Coordinator, by February 21, 2001, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopeKD@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by February 27, 2001.
Date of Intended Adoption: No sooner than February 28, 2001.
January 8, 2001
Charles Hunter, Director
Administrative Services Division
2902.1 (a) Provide the name of the voluntary agency (VOLAG) which
resettled ((them)) you; and
(b) Meet the:
(i) Immigration status requirements of WAC 388-466-0005;
(ii) Work and training requirements of WAC 388-466-0015;
(iii) Income and resource requirements under chapters
388-450 and 388-470 WAC with exceptions as provided under WAC 388-466-0010((; and
(iv) Monthly reporting requirements of chapter 388-456 WAC)).
(2) ((Persons)) You are not eligible to receive RCA if
((they)) you:
(a) Are eligible for temporary assistance for needy families (TANF) or Supplemental Security Income;
(b) Have been denied TANF or have been terminated from TANF due to intentional noncompliance with TANF eligibility requirements; or
(c) Are a full-time ((students in institutions of higher
education unless the educational activity is part of a
department-approved employability plan.
(3) Refugee families, including families with children who are United States citizens, will be treated as single assistance units according to chapter 388-408 WAC.
(4) Eligibility and benefit levels for RCA assistance units are determined using the TANF payment standards in WAC 388-478-0020.
(5) Persons eligible for RCA are eligible for additional requirements for emergent situations as provided in chapter 388-436 WAC.
(6) A person meeting the requirements of this section is eligible for refugee cash assistance only during the eight-month period beginning in the first month the person entered the United States)) student in an institution of higher education.
(3) If you are a refugee family and have children who are United States citizens, we treat you as a single assistance unit under chapter 388-408 WAC.
(4) We determine your eligibility and benefit level for RCA using the TANF payment standards under WAC 388-478-0020.
(5) If you are eligible for RCA and are pregnant or have a dependent child you may also be eligible for additional requirements for emergent needs under WAC 388-436-0002.
(6) If you meet the requirements of this section you are eligible for refugee cash assistance only during the eight-month period beginning:
(a) The date asylum is granted if you are an asylee; or
(b) The first month you entered the United States if you are not an asylee.
[Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, 388-400-0030, filed 7/31/98, effective 9/1/98.]