EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Date of Adoption: January 9, 2001.
Purpose: Change the date that 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 a reversal of policy by the United States Immigration and Naturalization Service (INS).
Citation of Existing Rules Affected by this Order: Amending WAC 388-400-0030.
Statutory Authority for Adoption: RCW 74.04.050, 74.04.055, 74.04.057, and 74.08.090.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: 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 ensure that asylees will be able to get needed benefits under the RCA program. If this change is not implemented now clients will lose benefits they are entitled to receive.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Effective Date of Rule: Immediately.
January 9, 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.]