Current through Register Vol. 56, No. 18, September 16, 2024
(a) No United States citizen is eligible for RRP
and a refugee may be eligible only if he or she meets the appropriate definition and INS status in
10:90-10.2 and 10.3. In addition, all refugees whose time
limitations have expired will cease to be eligible for cash and medical assistance under RRP (see (b) below).
Such ineligible refugees who are still in need shall, as appropriate, be assisted under WFNJ/GA, either at
the county agency or referred to the municipal agency via Form WFNJ-14, "Referral for Services," giving the
reason for referral.
1. For a large extended family group, the county
agency shall establish a separate assistance unit for each non-WFNJ/GA eligible individual or couple in the
household.
(b) Eligibility for assistance under RRP is
limited to a total of eight months for WFNJ/GA type cases. Pursuant to Sections 207 and 101(a)(42) and
1522(a)(1)(A) of the Immigration and Nationality Act (
8 U.S.C. §§
1101 et seq.) and 45 C.F.R. 400.42, refugee cash assistance/refugee medical
assistance (RCA/RMA) are limited by the extent of available Federal appropriations in any Federal fiscal year
(FFY), and on data concerning refugee arrivals, eligibility and participation in RCA/RMA. Therefore, the
State RCA/RMA program period of eligibility is dependent on the fixed Federal appropriation made available to
the states for any given FFY, based on the aforementioned criteria. Eligibility periods for RCA and RMA are
published periodically in the Federal Register. Subsequent updates to these eligibility periods in the
Federal Register will be published as a public notice by the Department of Human Services in the New Jersey
Register, and this subsection revised accordingly as an administrative change.
1. Rules concerning WFNJ/GA type cases are as follows:
i. For all WFNJ/GA type applicants/recipients residing in the U.S. for
eight months or less from their initial entry date or when parole status was first granted as identified on
INS Form I-94, income and resources shall be treated in accordance with the standards and criteria applicable
to WFNJ cases, except that county agencies shall not apply the earned income disregard. The assistance
standard for applicants/recipients shall be the appropriate amount for the eligible unit size.
ii. During the eight month period, all eligible WFNJ/GA type cases will
retain Medicaid eligibility.
(c) The county
agency shall consult with sponsors and/or the resettling agency about the possibility of contributions. Cash
assistance to the client shall be considered as unearned income (see
10:90-10.4(b)
); however, the income and resources of the sponsors themselves shall not
be considered. No resources which are in fact not available to the refugee shall be considered in determining
eligibility. This includes resources in the refugee's native land owned by the refugee or a responsible
relative.
(d) Refugee cases that are considered WFNJ/GA type
cases are subject to the work and training requirements detailed in (d)1 through 3 below:
1. All refugees who are not exempt from the work requirements (see (i)l
below) shall be referred to the initial resettlement agency for employment services via the WFNJ-54, Refugee
Program Interagency Referral. The resettlement agency should be identified on the I-94 card that also
identifies the applicant as a refugee. If the agency is not identified on the card, the CWA' shall ask the
refugee who resettled them. Referral shall be made to that agency. When the CWA is unable to determine who
resettled the client or if there is no refugee-specific employment provider in the county, then the CWA shall
select an agency that they feel will best meet the client's needs.
2. All employable refugees shall accept appropriate work or training
opportunities. The job or training assignment shall be related to the physical and mental capability of the
individual to perform the task on a regular basis. Any claim of adverse affect to physical or mental health
shall be based on an adequate medical testimony from a physician or licensed or certified psychologist
indicating that participation would impair the individual's physical or mental health. Cost of obtaining such
medical evidence is an allowable 100 percent reimbursable cost to the county agency.
i. The total daily commuting time to and from home shall not exceed two
hours. If a greater distance or time is generally accepted in the community, then the round trip commuting
time shall not exceed community standards. Round trip time shall not include the time needed to transport a
child to and from a child care facility.
3. In the
instance of a refugee who is employed and receiving public assistance, the county agency shall require
part-time training, such as English language instruction or skill training, if available, and determined
appropriate, if the refugee is employed part-time (less than 100 hours per month), as a condition for
continued receipt of assistance. Additionally, the county agency shall encourage, but not require, part-time
English language instruction or skill training if the refugee is employed full-time (100 or more hours per
month).
(e) Provisions relating to refugees attending
school are as follows:
1. A full-time student age 18 shall be eligible for
assistance if the student is reasonably expected to complete a program of secondary school (or the equivalent
level of vocational or technical training) before attaining age 19.
2. A refugee of any age who is otherwise eligible shall not be denied cash
assistance while enrolled and participating in a full-time training program which is approved by the county
agency and intended to have a definite short-term (less than one year) employment objective.
(f) Provisions concerning voluntary termination of employment
are as follows:
1. For a new applicant, for the 30 consecutive calendar
days immediately prior to receiving aid, an employable refugee shall not have voluntarily terminated
employment in order to receive assistance, nor have refused to apply for or accept an appropriate job
offer.
2. Employable refugees currently receiving assistance
shall not have voluntarily terminated employment in order to continue to receive assistance nor refuse to
apply for or accept offers of appropriate work or training.
(g) Refusal of an employable adult refugee recipient to accept or continue
an employment or training opportunity without good cause will result in the following actions:
1. A mediation period prior to the imposition of sanctions shall be
provided for in accordance with the following time limitations:
i. The
mediation effort shall begin as soon as possible, but not later than 10 days following the date of failure or
refusal to participate, and may continue for a period not to exceed 30 days.
2. If the employable refugee recipient continues to refuse an offer of
employment or training, assistance shall be terminated 30 days after the date of his or her original refusal.
Either the county agency or the recipient may terminate this period sooner when either believes that the
dispute cannot be resolved by mediation. The refugee shall be given at least 10 days written notice of the
termination of assistance and the reason therefore. This sanction shall be applied in the following manner:
i. If the assistance unit includes other individuals, then the assistance
payment shall be reduced by the per capita share of the refugee in noncompliance. If the employable refugee
is a caretaker relative, assistance in the form of protective or vendor payment shall be provided to the
remaining members of the assistance unit.
ii. If such individual
is the only individual in the assistance unit, assistance shall be terminated.
(1) The refugee's sponsor, or the voluntary resettlement agency where there
is not a sponsor, shall be notified of the action taken in (g)2i or ii above.
iii. A decision by the refugee to accept employment or training, made at
any time within the 30-day period after the date of the original refusal, shall result in the continuation of
assistance without interruption if the refugee continues to meet the income eligibility requirements for
continued assistance.
iv. Refugees who refuse, without good
cause, to accept or continue in an employment or training opportunity shall be subject to the following
penalties of ineligibility:
(1) Three payment-months for the first such
refusal; and
(2) Six payment-months for the second and each
subsequent occurrence.
(h) The
inability to communicate in English does not exempt a refugee from registration for employment services,
participation in employability service programs, and acceptance of appropriate offers of
employment.
(i) The following refugees are exempt from the
employment or training requirements given in (d) above:
1. An individual
who is between age 16 and 18, enrolled or accepted for enrollment as a full-time student for the next school
term in a secondary, or vocational or technical school; or under age 19 and attending full-time, a secondary
school or the equivalent level of a vocational or technical school, and expected to complete the program of
the school before reaching age 19;
2. A person who is ill,
incapacitated or age 65 or over;
3. A person whose presence in
the home is required because of illness or incapacity of another member of the household;
4. An individual working at least 30 hours a week in unsubsidized
employment expected to last a minimum of 30 days. This exemption continues to apply if there is a temporary
break in full-time employment expected to last no longer than 10 days;
5. An individual who is pregnant if it has been medically verified that the
child is expected to be born in the month in which such registration would otherwise be required or within
the next six months; and
6. The person is enrolled full-time in
training approved by the county agency as part of an approved employability plan.
(j) When there is an urgent need for assistance, the initial assistance
payment shall be based on immediate need.
