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: New WAC 388-466-0120 Refugee cash assistance and 388-466-0140 Income and resources for refugee assistance eligibility; and repealing WAC 388-466-0010 Treatment of income and resources for refugee assistance.
Purpose: To comply with federal law in order to continue to meet federal refugee funding requirements.
Statutory Authority for Adoption: RCW 74.08.090.
Statute Being Implemented: RCW 74.08.090; C.F.R. Title 45 § 400.65, § 400.66, § 400.67, § 400.68, § 400.69.
Summary: The ESA Office of Refugee and Immigrant Assistance (ORIA) believes that the new rules will be more efficient and easier to understand and will result in better customer service.
Reasons Supporting Proposal: Efficiency, customer service.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Olga Walker, ORIA Program Manager, P.O. Box 45420, Olympia, WA 98504-5420, (360) 413-4285.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is necessary because of federal law, C.F.R. Title 45 § 400.65, § 400.66, § 400.67, § 400.68, § 400.69.
Explanation of Rule, its Purpose, and Anticipated Effects: New rules have been proposed due to the change in federal law. ORIA believes that new rules will be more efficient and easier to understand and will result in better customer services.
Proposal Changes the Following Existing Rules: Repealing WAC 388-466-0010; and adds two new sections to chapter 388-466 WAC, Refugee assistance. These new sections will treat refugee eligibility, income and resources according to the provisions of the TANF program.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This change does not meet the requirements for a small business economic impact statement.
RCW 34.05.328 does not apply to this rule adoption. This filing is exempt under RCW 34.05.328 (5)(b)(vii).
Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on January 22, 2002, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by January 18, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail fernaax@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 5:00 p.m., January 22, 2002.
Date of Intended Adoption: No earlier than January 23, 2002.
December 14, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
3028.3Any individual can apply to the department of social and health services (DSHS) for refugee cash assistance and have their eligibility determined in no longer than thirty days.
(2) How do I know if I qualify for RCA?
You may be eligible for RCA if you meet all of the following conditions:
(a) You have resided in the United States for less than eight months;
(b) You meet the immigration status requirements of WAC 388-466-0005;
(c) You meet the income and resource requirements under chapters 388-450 and 388-470 WAC;
(d) You meet the work and training requirements of WAC 388-466-0150; and
(e) You provide the name of the voluntary agency (VOLAG) which helped bring you to this country.
(3) What are the other reasons for not being eligible for RCA?
Even if you meet the eligibility requirements named in subsection (2) above you may be not eligible if you:
(a) Are eligible for temporary assistance for needy families (TANF) or Supplemental Security Income (SSI);
(b) Have been denied TANF due to your refusal to meet TANF eligibility requirements;
(c) Are employable and have voluntarily quit or refused to accept a bona fide offer of employment within thirty consecutive days immediately prior to your application for
RCA; or
(d) Are a full time student in a college or university.
(4) If I am an asylee, what date will be used as an entry date?
If you are an asylee, your entry date will be the date that your asylum status is granted. For example: you entered the United States on December 1, 1999 as a tourist, then applied for asylum on April 1, 2000, interviewed with the asylum office on July 1, 2000 and were granted asylum on September 1, 2000. Your entry date is September 1, 2000. On September 1, 2000, you may be eligible for refugee cash assistance.
(5) If I am a victim of human trafficking, can I be eligible for RCA?
(a) If you are an adult victim you are eligible for RCA to the same extent as a refugee, if you provide the original certification letter from the U.S. Department of Health and Human Services (DHHS) and meet eligibility requirements in subsection (2)(c) and (d) of this section. You do not have to provide any other documentation of your immigration status. Your entry date will be the date on your certification letter.
(b) If you are a child victim under eighteen years old you are eligible for benefits to the same extent as a refugees and do not need to be certified. DHHS issues a special letter for children. Children also have to meet income eligibility requirement.
(6) Does getting a onetime cash grant from a voluntary agency (VOLAG) affect my eligibility for RCA?
No. In determining your eligibility for RCA DSHS does not count onetime resettlement cash grant provided to you by your VOLAG.
(7) What is the effective date of my eligibility for RCA?
The date DSHS has sufficient information to make eligibility decision is the date your RCA begins.
(8) When does my RCA end?
(a) If you don't have a job or any other income, your RCA ends on the last day of the eighth month starting from the month of your arrival to the U.S. Count the eight months from the first day of the month of your entry into the U.S. For example, if you entered the U.S. on May 28, 2000, May is your first month and December 2000 is your last month of RCA.
(b) If you get a job, your RCA eligibility is re-determined based on the TANF rules (see chapter 388-450 WAC). If you earn more than is allowed by WAC 388-478-0035, you are no longer eligible for RCA. Your medical coverage may continue for up to eight months from your month of arrival in the U.S. See WAC 388-466-0130.
(9) Are there other reasons why RCA may end?
Your RCA also ends if:
(a) You move out of Washington state;
(b) Your unearned income and/or resources go over the maximum limit (see WAC 388-466-0140); or
(c) You, without good cause, refuse to meet refugee employment and training requirements (see WAC 388-466-0150).
(10) Will my spouse be eligible for RCA, if he/she arrives in the U.S. after me?
When your spouse arrives in the U.S., DSHS determines his/her eligibility for RCA and/or other income assistance programs. If you live together you and your spouse are part of the same assistance unit and your spouse's eligibility for RCA is determined based on your and your spouse's combined income and resources (see WAC 388-466-0140).
(a) If you do not have any countable income, your spouse may be eligible for up to eight months of RCA based on his/her date of arrival into the USA.
(b) If you have countable income, in determining eligibility for RCA we consider it available to both you and your spouse.
(11) Can I get additional money in an emergency?
If you have an emergency and need a cash payment to get or keep your housing or utilities, you may apply for the DSHS program called additional requirements for emergent needs (AREN). To receive AREN, you must meet the requirements in WAC 388-436-0002.
(12) What can I do if I disagree with a decision or action that has been taken by DSHS on my case?
If you disagree with a decision or action taken on your case by the department, you have the right to request a review of your case or a fair hearing (see WAC 388-02-0090). Your request must be made within ninety days of the decision or action.
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We determine your eligibility for RCA using the TANF rules about income and resources in chapters 388-450 and 388-470 WAC, except we do not count onetime resettlement cash payment provided to you by your voluntary agency (VOLAG).
(2) How does DSHS count my income and resources when determining my eligibility for refugee medical assistance?
We determine your eligibility for RMA using the TANF rules about income and resources in chapters 388-450 and 388-470 WAC, except as it stated below:
(a) Your monthly income can be up to two hundred percent of the Federal Poverty Level (FPL);
(b) Onetime resettlement cash payment provided to you by your VOLAG is not counted in determining your eligibility for RMA;
(c) Your RMA eligibility is determined on the basis of your income and resources on the date of your application (WAC 388-466-0130).
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The following section of the Washington Administrative Code is repealed:
| WAC 388-466-0010 | Treatment of income and resources for refugee assistance. |