Current through December 26, 2024
A. Effective
January 1, 2020, the Rhode Island Works law (R.I. Gen. Laws Chapter 40-5.2)
provides in part that all applicants and/or recipients for cash assistance
shall be subject to a maximum lifetime limit of sixty (60) months of cash
receipt, since May 1, 1997.
B.
Exemptions to the Time Limit and Notices. R.I. Gen. Laws §
40-5.2-10 states that the
Department of Human Services may extend an assistance unit's or family's cash
assistance beyond the time limit by reason of hardship; provided, however, that
the number of such families to be exempted by the Department under hardship
shall not exceed twenty percent (20%) of the average monthly number of families
to which assistance is provided in a fiscal year; provided, however, that to
the extent permitted by Federal law, any waiver granted under R.I. Gen. Laws
§50-5.2-35, for domestic violence, shall not be counted in determining the
twenty percent (20%) maximum.
C.
Notice of Time Limit. When a parent or caretaker relative reaches his/her time
limit, notice is issued informing the individual of the action being taken in
accordance with §2.31 of this Part. The notice contains information about
the time limit, the number of months the recipient has remaining, the hardship
extension policy, the availability of a post-employment closure bonus and any
other information pertinent to an assistance unit nearing the time limit.
Recipients will start to receive notice of time limit when they have six (6)
months of cash assistance remaining and each month thereafter until the sixty
(60) month limit has expired. For applicants who have less than six (6) months
remaining in the time limit because the family/assistance unit previously
received cash assistance in Rhode Island or any other State, the Department
shall notify the applicant of the number of months remaining when the
application is approved and shall begin the monthly notice process as described
above.
D. Counting Cash Assistance
from Other States
1. Family cash assistance
issued in any other State or Territory of the United States of America shall
include family cash assistance funded on or after May 1, 1997, in whole or in
part by Temporary Assistance for Needy Families (TANF) funds and/or family cash
assistance provided under a program similar to the Rhode Island Works
program.
2. Cases in which an adult
was sanctioned shall be counted toward the adult's time limit. The Department
shall disregard any months during which the adult had previously received cash
benefits as a minor dependent child. A notice of adverse action is mailed to
the family to inform them of the change in the number of months being counted
toward the adult's time limit.
2.6.1
Exceptions to Time Limit
The time limit shall not apply in the instances of (1) a
minor child(ren) living with a single parent who receives SSI benefits, or with
two-parents who both receive SSI benefits, and (2) a minor child(ren) living
with a legally responsible non-parent caretaker relative who is not in the cash
assistance payment.
2.6.2
Hardship Extension to Time Limit
A. Any individual approaching either time
limit, or who has met or exceeded the time limit, is notified that s/he may
request a reassessment to determine whether or not s/he may meet the criteria
for an extension beyond the time limit. Individuals are required to complete an
application for RI Works Program Hardship Extension.
B. A parent who is either undocumented or who
does not meet the non-citizen requirements required for eligibility for cash
assistance under Federal PRWORA, who has received benefits for his/her citizen
child(ren), may request a hardship extension for the child(ren) at their time
limit.
C. A client who has closed
due to reaching both the sixty (60) month lifetime time limit and the three (3)
month full family sanction, simultaneously, may request to be evaluated, and
may be eligible for an extension to the time limit.
2.6.3
Criteria for Hardship
Extension
A. A hardship extension may
be granted to the parent(s) or caretaker relative if all other Rhode Island
Works eligibility requirements are met, including redeterminations, and one (1)
of the following criteria applies:
1. Has a
documented significant physical or mental incapacity and can document a pending
application for SSI or SSDI and has submitted an application for or is active
and in compliance with his/her employment plan with the Office of
Rehabilitation Services; or.
2. Is
caring for a significantly disabled family member who resides in the home and
requires full time care; or
3. Is
homeless as defined in §
2.2 of this Part;
or
4. Is unable to pursue
employment because of a current, documented domestic violence situation;
or
5. Is unable to work because of
a critical other condition or circumstance, other than citizenship or
non-citizen status, as approved by a DHS supervisor.
a. "Other Critical Condition or Circumstance"
includes the inability to participate due to the COVID-19 crisis, as determined
by the DHS and based on the individual's ability to participate from home. If
participation is not possible, sanctions may be imposed during this
crisis.
B.
The parent or caretaker relative will be offered assistance to remove or
ameliorate barriers preventing her/him from obtaining and maintaining
employment and reducing dependence on income supports.
2.6.4
Hardship Extensions and
Procedures
A. DHS provides an initial
hardship extension for six (6) months. Additional six (6) month hardships are
available. Parents and/or relative caretakers who receive a hardship extension
have the option to request early termination of benefits by contacting their
DHS worker.
B. Individuals within
six (6) months of applicable time limit are sent letters informing them of the
time remaining and that they may request a review of their pending closure.
When a request for a reassessment is received, whether by a current recipient
or a re-applicant, the DHS worker must promptly determine whether or not the
individual meets the criteria for an extension to the time limit. The
reassessment must also determine the extent to which her or his ability to work
is affected by the applicable criteria.
C. Any hardship extension that is granted
requires an amended employment plan be signed containing steps to be taken as
appropriate in order to remove/ameliorate the condition that warranted the
extension. RIW workers may utilize alternate methods to communicate with
parents to review amendments and enter agreed upon amendments to move forward
with the extension in the electronic case record.
D. If a requesting parent cannot have an
employment plan entered into the eligibility system due to a reason for
exclusion (e.g., non-citizen not meeting PRWORA requirements), a written plan
is required to be developed, and to be signed by the parent stating that the
parent will cooperate with services to ameliorate the condition that led to the
hardship. In addition, because an undocumented non-citizen parent cannot
legally work, the parent is directed to determine whether or not there is a
pathway to legal status as a work activity.
E. Good cause for non-compliance with an
activity in the employment plan during a hardship extension is allowed
consistent with provisions established in Good Cause for Failure to Comply,
§2.11.10 of this Part. If good cause is found, the parent is allowed to
continue or renew the request for hardship and must demonstrate compliance with
the plan consistent with provisions established in Ending Work Penalties,
§2.11.13 of this Part.
2.6.5
Required Documentation to Support
Hardship Extension
A. Significant
physical or mental incapacity.
1. The
following must occur for approval of an initial hardship request:
a. A significant physical or mental
incapacity must be documented on a current medical verification form.
(1) The inability to participate due to the
COVID-19 crisis, as determined by the DHS and based on the individual's ability
to participate from home. If participation is not possible, sanctions may be
imposed during this crisis.
b. The individual must apply for or have a
pending application for SSI or SSDI.
c. The individual must have submitted an
application for or be active and in compliance with his/her employment plan
with the Office of Rehabilitation Services (ORS) Vocational
Rehabilitation.
d. Quarantine of
the household due to the COVID-19 virus.
e. Illness of the applicant or a family
member, due to the COVID-19 virus.
2. Subsequent incremental extensions require
the following:
a. Updated medical verification
forms.
b. Documentation of the
active status or documentation of the appeal of a denial of the SSI/SSDI
application.
c. Documentation of
ongoing compliance in the individual's rehabilitation employment plan as
reported by ORS, or documentation that the individual was found eligible for
vocational rehabilitation services but was placed on a wait list for services
under the order of selection.
d.
Quarantine of the household due to the COVID-19 virus.
e. Illness of the applicant or a family
member, due to the COVID-19 virus.
B. Care for a significantly disabled family
member who resides in the home and requires full time care
1. The following must occur for approval of
an initial hardship request:
a. Documentation
through a descriptive statement from a Doctor of Medicine (M.D.), Psychiatrist
(M.D.), Psychologist (PhD), or Doctor of Osteopathy (D.O.) that said level of
care is required.
b. In addition to
the full-time care of the family member, the individual's employment plan must
include a requirement that the individual develop a plan for transfer of care
(for the disabled family member) to enable a return to employment for the
individual or other plan for support in anticipation of the end of cash
assistance.
2.
Subsequent incremental extensions require the following:
a. An updated medical statement
b. An updated plan for transfer of care to
transition from cash assistance.
C. Homeless
1. For approval of an initial hardship
request the family must provide documentation of homelessness either from a
shelter or evidence as described in §2.18.11 of this Part.
2. Requests for a subsequent incremental
extension must be accompanied by the submission of a letter of support for the
extension from a housing search specialist.
D. Domestic Violence
1. The following must occur for approval of
an initial hardship request:
a. Documentation
by a Family Violence Advocate.
b.
An employment plan is developed that articulates appropriate steps to reduce
the threat of violence and increase family security, including steps to prepare
for employment and economic independence.
2. Requests for a subsequent incremental
extension must be accompanied by the submission of a written letter supporting
the extension from a community partner and/or family violence advocate who is
involved with the individual.
E. Inability to work because of a critical
condition or circumstance, other than citizenship or non-citizen age status, is
documented as deemed appropriate by the supervisor who approves the extension.
1. "Critical Condition or Circumstance"
includes the inability to participate due to unforeseen events, as determined
by the DHS and based on the individual's ability to participate from home. If
participation is not possible, sanctions may be imposed.
