SR 10-06 Dated 07/10

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

 

DFA SIGNATURE DATE:

June 18, 2010

FROM:

OFFICE OF THE DIRECTOR, DFA Terry R. Smith

AT (OFFICE):

Division of Family Assistance

TO:

DFA Supervisors

New Hampshire State Refugee Coordinator

 

SUBJECT:

Refugee Cash Assistance (RCA) and Refugee Medical Assistance (RMA) Added to the Family Assistance Manual (FAM); Revisions to the RCA/RMA Programs; Obsoletion of Form 772, Refugee Checklist, and Form 777, Refugee Entrant Report, And Their Associated Instructions

EFFECTIVE DATE:

July 1, 2010

 

 

SUMMARY

 

This SR releases the consolidation of all previous policy related to the Refugee Cash (RCA) and Refugee Medical Assistance (RMA) programs for release in the Family Assistance Manual, and incorporates several updates to the RCA/RMA programs based on current federal regulations. The following summarizes current eligibility for the two programs:

 

·   Only refugees and certain non-citizens are eligible for RCA and/or RMA.

·   Individuals must be found ineligible for all other categories of DFA financial and medical assistance before eligibility for RCA and/or RMA is initiated.

·   Most recipients of RCA and/or RMA are eligible for services for 8-months from the date of their entry into the United States.

 

The following summarizes new or clarified RCA/RMA policy that will be effective as of July 1, 2010:

 

·   RCA/RMA eligibility and benefit allotment criteria now align with the Temporary Assistance to Needy Families (TANF) program. This means that income and resource limits, deductions, shelter allowances, benefit allotment, and treatment of income and resources, as well as all non-financial criteria, align with the TANF program eligibility and benefit criteria. Notable exceptions are that RCA/RMA applicants do not have to:

-   attend the NHEP Orientation as a condition of eligibility;

-   have dependent children present in the household;

-   fulfill the deprivation of parental support and care requirements associated with the TANF program;

-   comply with child support requirements; or

-   fulfill NHEP work requirements.

·   During the RMA eligibility determination process, only the income the refugee has received to date for the month, as of the date of application, is counted. Anticipated monthly income that the refugee has not yet received is not counted during the RMA eligibility determination process. This is especially important if the individual expects an increase in earned income, as the intent of the federal regulations is to encourage refugees to begin work as soon as possible without the fear of losing medical assistance.

·   Voluntary quit policy now also applies to RCA applicants. Although TANF applicants have a 60-day "look-back" period for voluntary quit, RCA applicants have only a 30-day look-back period. TANF good cause provisions also apply to RCA applicants.

·   Refugees who are students in post-secondary institutions are:

-   ineligible for RCA; and

-   ineligible for RMA unless the individual’s studies are part of their refugee work program, as relayed to DFA by the NH Refugee Coordinator.

·   RCA applications must now be processed within 30 days from the date of application. RMA is still allowed a 45-day processing time frame.

·   RCA/RMA must be terminated if the refugee becomes ineligible for assistance prior to the end of the 8-month eligibility period.

Exception: RMA-only may continue for the full 8 months if the reason the refugee would be ineligible is due to increased earnings. Once an individual is eligible for RCA or RMA, continuing eligibility for RMA for the maximum 8 month period is unaffected by increases in earned income, even if RCA is terminated due to the increase in earned income.

·   Eligibility for all DFA assistance programs must be redetermined for recipients of RCA/RMA who reach the end of their 8-month eligibility period, as changed household circumstances may now make the former RCA/RMA recipient individual or household eligible for a DFA assistance program.

·   RMA applicants who are initially ineligible for RMA due to earnings, may still be eligible for RMA if RMA eligibility criteria was met once in the previous 3 months, and the month the eligibility criteria was met was within the 8-month RMA eligibility period.

·   Grants received by a refugee in the first month of arrival to help them settle, generally referred to as Reception and Placement grants, are not counted in the RCA/RMA eligibility and benefit determination process. If a refugee applicant receives a Match grant through the local refugee organization, however, the refugee is ineligible for any financial assistance program offered by the Department, including RCA. The refugee could still be eligible for RMA, NH Child Care Scholarship, and Food Stamp benefits, though, with the Matching grant being treated as follows for each category of assistance:

-   counted in full in the eligibility and benefit determination process for Food Stamp benefits and NH Child Care Scholarship; and

-   excluded in the eligibility determination process for RMA.

·   An RCA recipient can earn a sanction from the NH Refugee Coordinator for failing to participate in the refugee work program. Sanctions for RCA recipients result in a reduction of the payment standard to align with an NHEP Level 1 sanction. The sanction is applied for 3 months for the first offense and 6 months for the second offense, with no option to "cure" the sanction.

 

This SR also obsoletes the following forms and their associated instructions:

 

·   Form 772, Refugee Checklist; and

·   Form 777, Refugee Entrant Report.

 

The chart below highlights the RCA/RMA eligibility changes:

 

FORMER RCA/RMA POLICY

NEW RCA/RMA POLICY

RCA/RMA eligibility factors were a hybrid of Aid to Families with Dependent Children (AFDC) and TANF eligibility factors. For example:

·   The RCA payment standard was aligned with the TANF payment standard until 7/1/2002 when the TANF shelter allowance was split into two categories: subsidized and unsubsidized. The RCA payment standard then became linked to the subsidized maximum shelter allowance of $293/mo. Refugees were allowed up to this maximum of $293, regardless of shelter type;

 

·   TANF countable resource policy applied to RCA/RMA applicants except in the treatment of vehicles. Beginning February 1, 1997, with the release of welfare initiatives in SR 97-03, TANF allowed one vehicle per adult assistance group member to be excluded in the TANF resource eligibility test. Refugees remained under the previous AFDC policy in which one car up to $1500 in equity value could be excluded in the resource test, but everything else was counted; and

 

·   TANF income deduction policy applied to RCA/RMA applicants except in the application of the employment expense disregard (EED). Beginning February 1, 1997, with the release of welfare initiatives in SR 97-03, TANF allowed a 20% EED during the eligibility determination process and then a 50% EED when benefits were determined. Refugees remained under the previous AFDC policy which allowed a flat $90 EED.

The RCA and RMA programs now fully align with current TANF program requirements. For example:

·   The RCA payment standard is now fully aligned with the TANF payment standard. Refugees with no shelter costs are allowed the Basic Maintenance Payment Allowance (BMPA). Refugees in subsidized housing are allowed up to an additional $293/mo., the maximum subsidized shelter allowance. Refugees in unsubsidized housing are now also allowed up to an additional $368/mo., the maximum unsubsidized shelter allowance;

 

·   RCA/RMA will now exclude one vehicle per adult assistance group member, as is done during the TANF resource eligibility test; and

 

·   RCA/RMA will now be allowed a 20% EED at eligibility and a 50% EED during the benefit determination process, as is provided to TANF individuals.

During the RMA eligibility determination process, anticipated income as well as the income that was currently in the refugee’s possession was used to determine RMA eligibility.

During the RMA eligibility determination process, only the income the refugee has received to date for the month, as of the date of application, will be counted. Do not count anticipated monthly income that the refugee has not yet received during the RMA eligibility determination process. This is especially important if the individual expects an increase in earned income, as the intent of the regulations is to encourage refugees to begin work as soon as possible without the fear of losing medical assistance.

Voluntary quit policy did not apply to RCA applicants.

Voluntary quit policy now applies to RCA applicants. RCA applicants have a 30-day look-back period and TANF good cause provisions also apply to RCA applicants.

Student status did not impact eligibility for RCA or RMA.

Refugees who are students in post-secondary institutions are:

·   ineligible for RCA; and

·   ineligible for RMA unless the individual’s studies are part of their refugee work program, as relayed to DFA by the NH Refugee Coordinator.

RCA/RMA eligibility was determined as soon as possible, but no later than 45 days from the date of application.

Eligibility will continue to be determined as quickly as possible, but:

·   no later than 30 days from the date of application for RCA; and

·   no later than 45 days from the date of application for RMA.

 

Refugees receiving RCA/RMA were protected for the full 8 months of eligibility, even if the refugee experienced increases in income.

RCA/RMA eligibility must be terminated if the refugee becomes ineligible for assistance prior to the end of the 8-month eligibility period.

Exception: RMA-only continues for the full 8 months if the ineligibility reason is due to increased earnings.

There were no automatic closures for RCA/RMA, therefore some cases received RCA/RMA for longer than the 8-month eligibility period.

As the RCA/RMA eligibility process has now been automated, RCA/RMA terminates at the end of the 8-month eligibility period. At that time, eligibility for all DFA assistance programs is redetermined as changed household circumstances may now make the former RCA/RMA recipient individual or household newly eligible for a DFA program.

RCA/RMA applicants who exceeded the RCA/RMA income limits at application were ineligible for RCA/RMA assistance.

RMA applicants who are initially ineligible for RMA due to earnings are eligible for RMA through the 8-month eligibility period if the following two criteria are met:

·   the refugee was RMA eligible once within the previous three months; and

·   the month the refugee was eligible for RMA occurred within the refugee’s 8-month eligibility period.

RMA applicants meeting the criteria above will be eligible for RMA as of the first month the refugee was retroactively eligible. RMA ends prior to the end of the 8-month period if once the refugee opens for RMA, the refugee becomes ineligible for RMA for any reason other than an increase in earnings.

No previous policy.

Reception and Placement grants received by a refugee in the first month of arrival to help them settle are not counted in the RCA/RMA eligibility and benefit determination process.

If a refugee applicant receives a Match grant through the local refugee organization, however, the refugee is ineligible for any financial assistance program offered by the Department, including RCA:

·   If an individual is receiving the Match grant, only the individual is ineligible and their needs, income, resources, and expenses are disregarded when determining cash eligibility for the other members in the family; or

 

·   If the whole family is receiving the Match grant, the entire group is ineligible for any category of financial assistance.

However, the refugee family could still be eligible for RMA, Food Stamp benefits, and NH Child Care Scholarship, with the Matching grant being treated as follows for each category of assistance:

·   counted in full in the eligibility and benefit determination process for Food Stamp benefits and NH Child Care Scholarship; and

·   excluded in the eligibility determination process for RMA.

No previous policy.

RCA recipients can earn a sanction from the NH Refugee Coordinator for failing to participate in the refugee work program. Sanctions for RCA recipients result in a reduction of the RCA payment standard to align with an NHEP Level 1 sanction. The sanction is applied for 3 months for the first offense and 6 months for the second offense, with no option to "cure" the sanction.

 

BACKGROUND

 

The following information was used in consolidating the RCA/RMA policy:

 

§   SR 83-12, dated 2/25/83;

§   SR 85-48, dated 8/15/85;

§   SR 86-15, dated 5/19/86;

§   SR 88-10, dated 2/1/88;

§   SR 88-63, dated 10/1/88;

§   SR 90-05, dated 1/1/90;

§   SR 91-53, dated 10/1/91;

§   Administrator’s Memo, subject line Refugee Medical Assistance: Changes to the 4 Month Extended Medical Assistance, dated January 7, 1998; and

§   SR 00-34, dated 8/1/2000.

 

POLICY

 

Previous RCA/RMA policy has been consolidated and will be described in the Family Assistance Manual with the release of this SR. The following summarizes current eligibility for the two programs, and incorporates updates to the programs based on current federal regulations.

 

Who is Eligible for RCA/RMA

 

Refugees and certain non-citizens are eligible for RCA and/or RMA. Individuals must be found ineligible for all other categories of DFA financial and medical assistance before eligibility for RCA and/or RMA is initiated.

 

Although RCA/RMA eligibility and benefit allotment criteria now align with the TANF program so that income and resource limits, deductions, shelter allowances, benefit allotment, and treatment of income and resources are the same criteria used to determine TANF eligibility and benefits, RCA/RMA applicants do not have to:

 

·   attend the NHEP Orientation as a condition of eligibility;

·   have dependent children present in the household;

·   fulfill the deprivation of parental support and care requirements associated with the TANF program;

·   comply with child support requirements; or

·   fulfill NHEP work requirements.

 

With the alignment of RCA eligibility with TANF program eligibility requirements, voluntary quit policy now applies to RCA applicants too. However, the look-back period for RCA applicants is 30-days (as opposed to the 60-day look-back period required in the TANF program). TANF good cause provisions for voluntary quit also apply to RCA applicants.

 

Refugees who are students in post-secondary institutions are:

 

·   ineligible for RCA; and

·   ineligible for RMA unless the individual’s studies are part of their refugee work program. The NH Refugee Coordinator will alert DFA if the individual’s studies are part of their refugee work program.

 

An individual’s countable income is determined differently for RCA than RMA. Income determination for RCA aligns with TANF policy in that the income counted represents an average of the individual’s projected monthly income. For RMA, however, only the income available to the individual on the date of application is counted. Even if increases in income are expected during the application month, income cannot be projected for the initial eligibility determination of RMA. This is especially important if the individual expects an increase in earned income, as the intent of the regulations is to encourage refugees to begin work as soon as possible without the fear of losing medical assistance.

 

Reception and Placement grants received by a refugee in the first month of arrival to help them settle are not counted in the RCA/RMA eligibility and benefit determination process. If a refugee applicant receives a Match grant through the local refugee organization, however, the refugee is ineligible for any financial assistance program offered by the Department, including RCA:

 

·   If an individual is receiving the Match grant, only the individual is ineligible, and their needs, income, resources, and expenses, are disregarded when determining cash eligibility for the other members in the family; or

·   If the whole family is receiving the Match grant, the entire group is ineligible for any category of financial assistance.

 

The refugee could still be eligible for RMA, Food Stamp benefits, and NH Child Care Scholarship, however. Treat the Matching grant as follows for each category of assistance:

·   count in full in the eligibility and benefit determination process for Food Stamp benefits and NH Child Care Scholarship; and

·   exclude in the eligibility determination process for RMA.

 

Length of RCA/RMA Eligibility

 

Most recipients of RCA and/or RMA are eligible for services for 8-months from the date of entry into the United States, if there are no changes to the household situation that would impact eligibility. If the refugee becomes ineligible for assistance prior to the end of the 8-month eligibility period:

 

·   terminate RCA assistance; and

·   terminate RMA assistance as well, unless the reason for ineligibility is due to new or increased earnings. RMA assistance groups that would be otherwise ineligible for RMA due to earnings may continue to receive RMA for the remainder of the group’s 8-month eligibility period. Once an individual is eligible for RCA or RMA, continuing eligibility for RMA for the maximum 8 month period is unaffected by increases in earned income, even if RCA is terminated due to the increase in earned income. Discontinue RMA prior to the end of the AG’s 8-month eligibility period if the individual becomes ineligible for any reason other than an increase in earned income.

 

Rerun eligibility for all DFA assistance programs when recipients of RCA/RMA reach the end of their 8-month eligibility period, as changed household circumstances may now make the former RCA/RMA recipient individual or household newly eligible for a DFA program.

 

RCA/RMA Application Processing Time Frames

 

RCA applications must be processed within 30 days from the date of application. RMA application must be processed within 45 days from the date of application.

 

Additional RMA/RCA Eligibility Criteria

 

RMA applicants who are initially ineligible for RMA due to earnings are eligible for RMA through the 8-month eligibility period if the following two criteria are met:

 

·   the refugee was RMA eligible once within the previous three months; and

·   the month the refugee was eligible for RMA occurred within the refugee’s 8-month eligibility period.

 

RMA applicants meeting the criteria above are eligible for RMA as of the first month the refugee was retroactively eligible. RMA ends prior to the end of the 8-month period if once the refugee opens for RMA, the refugee becomes ineligible for RMA for any reason other than an increase in earnings.

 

Applicants and recipients of RCA are not required to participate in NHEP because they are required to participate in an employment program coordinated by the NH Refugee Coordinator. An RCA recipient can earn a sanction from the NH Refugee Coordinator for failing to participate in this refugee work program. The NH Refugee Coordinator will notify DFA if an RCA recipient is not complying with the program so that DFA can apply the sanction. Although it is unlikely that a sanction will ever be required, all levels of RCA sanctions result in reducing the payment standard in the same fashion as a Level 1 TANF progressive sanction. This sanction is applied for RCA recipients for 3 months for the first offense and 6 months for the second offense, with no option for the refugee to "cure" the sanction.

 

NEW HEIGHTS SYSTEMS PROCEDURES AND IMPLEMENTATION

 

New HEIGHTS will automate the updates to RCA and RMA policies released in this SR the evening of June 30, 2010.

 

A new RCA denial reason has been added for the Refugee Matching grant. Entering the Matching grant on the Unearned Income screen will fail RCA for the individual or the AG, if the entire family is receiving it.

 

The new failure reasons created for this project are as follows:

 

TESC Description

 

924 Voluntary quit of employment – RCA

925 Ineligible Student – RCA

926 Refugee Matching Grant Recipient

927 Failure to meet RCA Work Program requirements – 1st penalty

928 Failure to meet RCA Work Program requirements – 2nd penalty

929 Ineligible Student – RMA

930 Cannot get RCA/RMA before Date of Entry/Date Granted

 

A new Notice of Decision message will be sent to deny all categories of DFA financial assistance when any member of an assistance group is receiving a Matching grant. The text of the message is as follows:

 

You cannot get both a Matching grant from the Office of Refugee Resettlement (ORR) and financial assistance from the Division of Family Assistance (DFA). Because you are receiving a Matching grant, you are not eligible for DFA financial assistance.

 

The following New HEIGHTS reports will continue to be generated monthly with some updates, as follows:

 

·   NRP731RA, Open RCA Cases;

·   NRP732RA, Newly Open RCA Cases; and

·   NRP733RA, Newly Closed RCA Cases.

 

All the reports contain the following information: Refugee Name, SSN, DOB, and Case Number.

 

DESCRIPTION OF REVISIONS MADE TO FORMS

 

Form 772, Refugee Checklist, and its associated instructions are obsolete with the release of this SR. The form was previously used to confirm that applicants and recipients of RCA and RMA were meeting federal requirements. The form is no longer needed because existing DFA eligibility practices and new more efficient procedures will ensure that federal requirements are met.

 

Form 777, Refugee Entrant Report, and its associated instructions are also obsolete with the release of this SR because the form has not been used since its creation, and there is no need to use it now that the programs have been fully automated.

 

POLICY MANUAL REVISIONS

 

Revised Family Assistance Manual Topics

 

PART 247  REFUGEE CASH AND MEDICAL ASSISTANCE (RCA/RMA)

Section 247.01  RCA/RMA Application Process

Section 247.03  Completing an Application for RCA/RMA

Section 247.05  RCA/RMA Application Processing Time Frame

Section 247.07  RCA/RMA Eligibility Criteria

Section 247.09  Who is Not Eligible for RCA/RMA

Section 247.11  RCA/RMA Length of Eligibility

Section 247.13  Changes During the RCA/RMA Eligibility Period

Section 247.15  Treatment of Grants Received by RCA/RMA Applicants

Section 247.17  Work Requirements of RCA/RMA Recipients

Section 247.19  Termination of RCA/RMA

 

IMPLEMENTATION

 

The updated policies released in this SR are effective July 1, 2010.

 

CLIENT NOTIFICATION

 

No special client notification is planned.

 

TRAINING

 

The DFA Training Unit delivered a comprehensive training on refugee policy in the Spring of 2009. This training is still available in the Centra Library.

 

FORMS MANUAL POSTING INSTRUCTIONS

 

Remove and Destroy

Insert

 

Forms Manual

 

 

 

Form 772, Refugee Checklist,

SR 91-34/August, 1991

2 sheets

None

Form 772(i), Instructions for Form 772,

SR 91-34/August, 1991

1 sheet

None

Form 777, Refugee Entrant Report,

SR 82-24/March, 1982

1 sheet

None

Form 777(i), Instructions for Form 777,

SR 82-24/March, 1982

1 sheet

None

 

DISPOSITION

 

This SR may be destroyed or deleted after its contents have been noted and the revised manual topics released by this SR have been posted to the On-line manuals.

 

DISTRIBUTION

 

This SR will be distributed according to the electronic distribution list for Division of Family Assistance policy releases. This SR, and revised On-Line Manuals, will be available for agency staff in the On-Line Manual Library, and for public access on the Internet at http://www.dhhs.nh.gov/DHHS/DFA/LIBRARY, effective August 2, 2010. Additionally, this SR, and printed pages with posting instructions, will be distributed under separate cover to all internal hard copy holders of the Family Assistance and Forms Manuals.

 

DFA/JBV:s

 

----------------------------------------------------------------------------------------------------------------------

CERTIFICATE OF DESTRUCTION

I certify that all copies of Form 772, Refugee Checklist and its associated instructions dated 08/91, SR 91-34, and Form 777, Refugee Entrant Report, dated 03/82, SR 82-24 have been destroyed.

 

District Office Manager of Operations:                

 

District Office                       

 

Return this certificate to the DFA Policy Unit, 129 Pleasant St, Concord, NH 03301, after the instructions in the SR have been carried out.