H2443 - Texas Department of Aging and Disability Services

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Texas Health and Human
Services Commission
REFUGEE CASH ASSISTANCE (RCA) PROGRAM
RIGHTS AND RESPONSIBILITIES
Form H2443
July 2004
What is the RCA program?
The Refugee Cash Assistance (RCA) and Refugee Medical Assistance (RMA) Programs were established by the Refugee Act of 1980.
Refugee Cash Assistance and Refugee Medical Assistance help eligible participants to become self-sufficient within the first eight months
after arrival. Cash assistance payments and medical assistance are provided to eligible participants for a maximum of eight months. Refugee
Cash Assistance is administered by the Texas Health and Human Services Commission (HHSC) [formerly the Texas Department of Human
Services (DHS)] through contracts with local voluntary refugee resettlement agencies (VolAgs). Refugee Medical Assistance is administered
directly by HHSC.
The goal of the RCA program is to assist refugees in achieving self-sufficiency. All participants in the Refugee Cash Assistance program are
required to participate in employment programs.
RCA is available to individuals who meet the eligibility requirements listed below:
A. Meet immigration status and identification requirements and can provide documentation of statuses determined by the Immigration and
Naturalization Service and designated as eligible by the Office of Refugee Resettlement (ORR);
B. Are within the eligibility period as established by ORR;
C. Have categorically tested ineligible for Temporary Assistance for Needy Families (TANF) or have applied but not received approval for
Social Security Insurance (SSI) (persons awaiting decision on SSI eligibility are RCA eligible until SSI benefits are granted);
D. Are not full-time students in institutions of higher education, as defined by the Director of ORR;
E. Meet the income eligibility standard established by HHSC in consultation with local refugee service providers; and
F. Have not been sanctioned off TANF or Match Grant.
Who determines a refugee's eligibility for RCA benefits?
Anyone can apply for RCA. VolAgs must determine if the applicant meets the eligibility requirements to become a participant and must keep
all eligibility determination information in the participant's file and maintain confidentiality of the information.
Are there income limits?
Yes. An applicant may not be above 125% of the federal poverty limit to enter the program during months 1-4. Once enrolled in the program
during months 1-4, an applicant's income will not be counted. In order to receive additional payments during months 5-8, however, an
applicant may not earn more than 165% of the federal poverty limit. If the approved applicant remains eligible, he or she will receive benefits
for each of the remaining months during the RCA time period of eligibility. The VolAg cannot issue benefit payments for months during the
time period of eligibility that preceded the month of initial application for RCA.
Can participants who do not live together be considered a family unit?
No. Participants must live together to be considered a family unit.
If two or more unrelated participants live together, are they considered a family unit?
No. The VolAg must consider unrelated participants who live together individually for benefits.
What happens if a participant has a child after arriving in the U.S.?
If a participant has a child after arriving in the U.S., the VolAg must refer the family to DHS for a TANF eligibility determination before
continuing with RCA benefits. If categorically ineligible for TANF, the size of the family unit changes and the VolAg calculates benefits based
on the revised family unit size effective the month of birth.
Can a refugee who moves from another state to Texas receive RCA?
Yes, the VolAg determines eligibility on the same basis as for a refugee whose first placement was in Texas, with the following exceptions:
A. The VolAg must verify with the original sponsoring resettlement agency that the refugee has not voluntarily quit employment within the
past 30 days.
Form H2443
Page 2/07-2004
B. The VolAg must also verify with the sponsoring resettlement agency and/or welfare agency at the original placement site whether the
refugee has received an assistance payment for the month of application in Texas.
The VolAg may not issue duplicate benefits.
How long can a participant receive RCA benefits?
The maximum time period a participant may receive benefits is specified by the Director of ORR. The current time period is up to 8 months
from the beginning date of eligibility.
What is the beginning date of the eligibility period for RCA benefits?
The beginning date of the eligibility period for RCA benefits is as follows:
A. Refugees: the date of arrival to the U.S., as stamped on the individual's I-94;
B. Asylees: the date that a final grant of asylum was made;
C. Victim of a Severe Form of Trafficking: the date on the certification letter signed by the Director of ORR;
D. Cuban and Haitian entrants: the date on the individual's I-94, or other entry document as specified by ORR;
E. Amerasians: the date of arrival to the U.S., as stamped on the I-94, or other entry document as specified by ORR.
What is the start date for benefits for approved applicants entering the program?
The contractor must issue payment for the month of application for an approved applicant entering the program at anytime during his or her
RCA time period of eligibility. If the approved applicant remains eligible, he or she will receive benefits for each of the remaining months
during the RCA time period of eligibility. The contractor cannot issue benefit payments for months during the time period of eligibility that
preceded the month of initial application for RCA.
How are payments made?
Payment levels are established by HHSC and approved by the Office of Refugee Resettlement. HHSC will update payment levels as
authorized by the federal government.
Payments during months 1-4 will be cash and vendor payments. Payments during months 5-8 will be cash.
The VolAg will issue payment for the month of application for an approved applicant entering the program at anytime during his or her RCA
time period of eligibility. The payment level will correspond to the length of time in the United States. For example, if you enter the program
during your first month in the U.S., the payment level will correspond to month 1 on the payment schedule. If you enter the program during
month 5 of the eligibility period, you will receive payment for months 5, 6, 7, and 8.
What happens if a participant is overpaid?
If a participant is overpaid, the overpayment must be returned to the resettlement agency. The resettlement agency will arrange a repayment
schedule if necessary.
Are there employment requirements for participants in this program?
Yes. Participants must continuously meet all requirements established by federal regulations, which include:
A. registering for employment services;
B. participating, within 30 days of receipt of aid, in employability service programs that may include job and language training as indicated in
the participant's employability plan developed by the employment provider;
C. going to job interviews; and
D. accepting of appropriate offers of employment.
Form H2443
Page 3/07-2004
Can participants get an incentive for early employment?
Yes. Participants who are employed at any point within the first three months after arrival (or date asylum was granted) and have been
employed at least 35 hours per week for at least 30 continuous days are eligible for an incentive payment of $150.
For family units larger than one, the VolAg will grant an incentive in the amount of $150 when the first participant in the family unit meets the
incentive requirements. The VolAg will make an additional reduced incentive payment as described in the payment schedule as each
additional member of the family unit meets the requirements.
Are participants required to report changes in income to the RCA VolAg?
Yes. Participants must report changes in income within 10 days to designated VolAg staff. Failure to do so could result in repayment of the
government funds.
If a participant is overpaid, the VolAg must make every reasonable effort to arrange repayment. The repayment plan may not require a
payment of more than 10% of the total overpayment amount during any month. Repayments by participants continuing on the program may
be made through a deduction in benefits.
What are the exemptions from employment participation requirements?
Participants are exempt from the employment requirements if they are a:
A. single parent or caretaker of a child under age one;
B. single parent or caretaker who is needed in the home to care for a disabled child in the family unit;
C. participant who is needed in the home to care for a disabled adult in the family unit who is disabled for more than 180 days;
D. single grandparent age 50 or over who is a caretaker for a child under age three;
E. participant who is disabled for more than 180 days;
F. participant who is unable to work as a result of pregnancy;
G. participant who is age 60 or older;
H. participant under age 16 who is not a caretaker or second parent; or
I. participant who is age 16 through 18 years old attending elementary, secondary, vocational, or technical school full time.
What are the temporary good cause exemptions from employment participation requirements?
Participants may be eligible for a two-month temporary good cause exemption from employment requirements if they are:
A. needed at home to care for an ill or temporarily disabled child or adult in the family unit. The caretaker must provide a current medical
statement from a doctor to claim this exemption unless the child/adult receives a temporary government disability benefit.
B. temporarily disabled when the incapacity is expected to last 180 days or less. A current medical statement from a doctor must be
provided to claim this exemption.
C. a victim of family violence for whom participation would endanger the participant and/or his or her children.
What happens if a non-exempt participant fails to meet employment requirements?
As required by regulation, the VolAg must terminate assistance if an employable participant who does not qualify for an exemption fails or
refuses to meet employment requirements. Termination of assistance under this provision will remain in effect for 3 payment months for the
first failure or refusal and 6 payment months for any subsequent failure or refusal.
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What happens to a family unit's benefits if one member of a family unit fails to meet employment requirements?
If an employable participant of a family unit, who does not qualify for a permanent or temporary good cause exemption from employment
requirements, does not meet employment requirements, then the amount of assistance given to the family unit is reduced to the number of
participants meeting the requirements.
What action does a VolAg take if a participant voluntarily quits employment after enrolling in RCA benefits?
If an employable participant, who does not qualify for a permanent or temporary exemption from employment requirements, quits
employment without good cause after enrolling in RCA, the contractor must terminate benefits. Contractors must provide a written notice to
participants informing him or her that benefits are being terminated and the reason for the action. Termination will remain in effect for 3
payment months for the first sanction and 6 payment months for any subsequent sanction.
If an RCA contractor denies, terminates, or reduces benefits, how can an applicant or participant appeal the decision?
An applicant or participant may appeal a decision by the following methods:
A. If appeal is desired, the participant has the right to appeal to HHSC, at which time an in-person hearing will take place. The request for a
hearing must be made within 10 days of the contractor's decision. Final administrative action must be taken within 60 days of the date of
request for the hearing.
Participants may request a hearing through their resettlement agency. The resettlement agency will complete the appropriate form and
forward a copy to HHSC.
B. An applicant or participant may follow the internal appeal procedures of the contractor.
C. An applicant or participant may have the appeal forwarded to a Statewide Review Board comprised of representatives from refugee
service providers. The request for review by the review board must be made within 4 days of the contractor's decision. The review board
must begin reviewing the request within 10 days of the contractor's decision. The review process may not exceed 30 days from the date of
the contractor's decision.
A participant may appeal to HHSC for a hearing and attempt resolution through steps B and C simultaneously.
If a participant's benefits are denied, terminated, or reduced because the employment provider reported that the
participant is not meeting the employment requirements of the program, how can a participant appeal the decision?
A participant may appeal the decision by the following methods:
A. A participant has the right to appeal to HHSC, at which time an in-person hearing will take place. The request for a hearing must be made
within 10 days of the contractor's decision. Final administrative action must be taken within 60 days of the date of request for the hearing.
Participants may request a hearing through their resettlement agency. The resettlement agency will complete the appropriate form and
forward a copy to HHSC.
B. The participant may follow the internal appeal procedures of the employment contractor.
C. The participant may attempt resolution by requesting a mediation period. The request for mediation must be made to the RCA contractor
within 4 days of the dated notice of adverse action. The RCA contractor must begin working on a resolution within 10 days following the
adverse action. The mediation process may not exceed 30 days from the date of the adverse action. Either the RCA contractor or the
participant may terminate the resolution process if either feels that the dispute cannot be resolved.
A participant may appeal to HHSC for a hearing and attempt resolution through steps B and C simultaneously.
Can a VolAg reduce, suspend, or terminate cash assistance if the participant requests a hearing?
No. If the participant requests a hearing, the VolAg cannot reduce, suspend, or terminate cash assistance until the hearing process is
complete and a final decision has been made.
If the VolAg action is upheld, a participant may have to repay assistance that was given during the hearing process.
Are there confidentiality requirements in the program?
Form H2443
Page 5/07-2004
Yes. VolAgs must keep confidential all information about or obtained from a participant. VolAgs may release participant information as long
as it does not identify a participant in any way. The following exceptions apply:
A. Information can be released with written consent of the participant.
B. In the case of minors, information can be released with written consent of the parent or legal guardian.
C. If federal regulations require the release of confidential information to HHSC or HHSC designates, information can be released.
I (print name)
acknowledge that the above rights and responsibilities for
the Refugee Cash Assistance program have been explained and a copy given to me. I understand that I can only receive Refugee Cash
Assistance from one agency.
Applicant Signature
Date
Applicant Signature
Date
Refugee Cash Assistance Contractor Certification
Date
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