Section 115.1  Incorporation By Reference

 

Any rules or regulations of an agency of the United States or of a nationally recognized organization or association that are incorporated by reference in this Part are incorporated as of the date specified, and do not include any later amendments or editions.

 

(Source:  Added at 13 Ill. Reg. 3932, effective March 10, 1989)

 

Section 115.10  General Provisions

 

a)         The Department administers the Refugee Resettlement Program (RRP) and the Repatriate Program in Illinois. These programs are fully funded by grants provided by the federal government.  The administration and authorization of assistance under any of these programs is limited to a period of time established by the federal government based on available federally appropriated funds for the year.  The administration and authorization of assistance under any of these programs ceases if the Department is not authorized to request and receive federal funds for the purpose of providing assistance under these programs.

 

b)         For the Refugee Resettlement Program assistance shall be authorized on the basis of the Temporary Assistance for Needy Families (TANF) Payment Level (see 89 Ill. Adm. Code 112). The following case compositions define the level of issuance:

 

1)         Adult. A single adult is a person who is ineligible as a child, or married and living with his/her spouse, or a minor parent (or caretaker) of a child.  Full-time college students, age 18 or over, do not qualify for cash benefits.

 

2)         Family cases, which must include at least one eligible child.  The child must be under age 18 or age 18 and a full-time student in high school. Only the following adults may be included:

 

A)        A specified relative of the child and the spouse of the specified relative; or

 

B)        The legal guardian of child and the spouse of the legal guardian; or

 

C)        The unrelated caretaker of a child and the spouse of the unrelated caretaker.

 

c)         Resources are not considered for either cash or medical only cases.

 

d)         For the Refugee Resettlement Program, assistance may not ordinarily be furnished for more than the established period of time after the date of entry.  For persons granted asylum, the established period of time starts with the date asylum was granted.

 

e)         The following provisions are applicable to the RRP:

 

1)         To be eligible for RRP, a family or individual(s) must be ineligible for categorical assistance (TANF, Aid to the Aged, Blind or Disabled (AABD), and related Medical Assistance No Grant (MANG) programs);

 

2)         The individuals must avail themselves of all potential income sources, including application for and acceptance of Supplemental Security Income (SSI) and categorical assistance;

 

3)         The following provisions of the TANF program (see 89 Ill. Adm. Code 112) are applicable to the RRP:

 

A)        Client and Department rights and responsibilities. Refugees or parolees who are potentially eligible for SSI must apply for SSI.

 

B)        Application for assistance (not eligible for $100 compensatory payment or Presumptive Eligibility (PE) authorization).  All adults must sign the application.  Cash benefits start with the date of application.

 

C)        Residence.

 

D)        Client Cooperation.

 

E)        Furnishing of Social Security Numbers.

 

F)         Income.  For RRP medical, initial eligibility is based on income on the date of application.  Earnings from employment that start after the date of application do not count for RRP medical.

 

G)        Support from responsible relatives (Non-Title IV-D provisions) (42 USC 651 et seq.).

 

H)        Personal Injury.

 

I)         Other financial benefits (i.e., the child care for work and training and other benefits described in 89 Ill. Adm. Code 112.308).

 

J)         Standards:

For a single adult case, the following payment levels apply:

 

i)          Group I Counties

 

$243 monthly

 

ii)         Group II Counties

 

$233 monthly

 

iii)        Group III Counties

 

$198 monthly.

 

K)        Special authorizations.

 

L)        Medical Assistance standard (use the MANG(C) standard if Medical Assistance only is authorized; for a household of one, the Medical-Only Standard is $283/month).

 

M)       Case Records.

 

N)        Medical Services.

 

O)        Funeral and Burials.

 

P)         Incorrect Payments.

 

Q)        Special Projects.

 

R)        Crisis Assistance Programs (family cases only).

 

S)         Replacement of lost or stolen warrants; and

 

4)         In family cases, the parent (or other responsible person making application) is to be designated as the payee.  In adult cases, the recipient is to be the payee.

 

f)         Individuals receiving assistance under these programs are eligible to participate in the food stamp program if they meet the eligibility requirements of the food stamp Program.

 

(Source:  Amended at 38 Ill. Reg. 4468, effective January 29, 2014)

 

Section 115.20  The Cuban Phasedown Program (Repealed)

 

(Source:  Repealed at 7 Ill. Reg. 16109, effective November 22, 1983)

 

Section 115.30  The Refugee Resettlement Program

 

a)         The Refugee Resettlement Program (RRP) provides for the authorization of assistance (financial and medical or medical only) for eligible needy refugees and asylees from any nation, for Cuban/Haitian Entrants, and for certain Amerasian immigrants from Vietnam (and their close family members) as determined by the Department of Homeland Security (DHS).

 

b)         In order to be eligible to be included in a Refugee Resettlement assistance unit, an individual must be a refugee, admitted into the United States U.S. as a refugee or granted asylum, or be an Amerasian born in Vietnam between January 1, 1962, and January 1, 1976, (or a close family member of such an Amerasian) and admitted to the U.S. as an immigrant under the Orderly Departure Program (P.L. 96-212) on March 20, 1988, or be a Cuban/Haitian Entrant admitted on or after April 21, 1980, or be an Afghani or Iraqi immigrant with special immigrant status under Section 101(a)(27) of the Immigration and Nationality Act (INA).

 

c)         Assistance is limited to a period of time established by the federal government based on available federally appropriated funds for the year.  The period of time begins with the first month the person entered the U.S., except for asylees, whose period begins with the date asylum was granted. Individuals whose established period of time has expired may be eligible for State Family and Children Assistance or Transitional Assistance.

 

d)         A child born to refugee parents may be included in the assistance unit even though the child was born in the U.S., as long as both parents are refugees.

 

(Source:  Amended by peremptory rulemaking at 32 Ill. Reg. 18088, effective November 15, 2008)

 

Section 115.32  Refugee Resettlement Program:  Application for Assistance

 

a)         As part of the regular process of determining a refugee's eligibility for assistance, the Department shall contact the Voluntary Sponsoring Agency (e.g., Catholic Charities, World Relief, etc.) or its local affiliate in the area which sponsored the refugee and inform such Sponsor that the refugee has applied for assistance or is receiving assistance.  The Department shall also request from the Voluntary Sponsoring Agency or its local affiliate the following information:

 

1)         what assistance the Sponsor is providing to the refugee; and

 

2)         whether the refugee or anyone in his family has without good cause refused to apply for a job, refused an offer of employment, voluntarily quit a job, or refused job skill training or English language training within the last 30 days (see Section 115.39 for definition of good cause and Section 115.34 for appropriate work and training criteria).

 

b)         An applicant who is not exempt from work registration/ participation requirements (as defined in Section 115.36) is not eligible for refugee assistance for 30 days after quitting a job or refusing to apply for a job or refusing to accept an appropriate offer of employment as determined by the Department and/or the VOLAG.  Only the nonexempt applicant shall be ineligible for assistance.

 

(Source:  Amended at 25 Ill. Reg. 8763, effective July 2, 2001)

 

Section 115.33  Refugee Resettlement Program:  Furnishing of Social Security Numbers

 

To be eligible for RRP financial assistance, each individual must furnish the Department his/her Social Security Number (SSN).  If any individual has more than one SSN, the individual must furnish all numbers.

 

(Source:  Added at 9 Ill. Reg. 2296, effective February 5, 1985)

 

Section 115.34  Refugee Resettlement Program:  Work Registration/ Participation Requirements

 

a)         As a condition of eligibility for refugee cash assistance, all nonexempt adult refugees under age 60 must register for employment with the Refugee Job Placement Agency if there is one in the area designated by the Refugee Job Placement Agency, or with Job Service if there is no Refugee Job Placement Agency.

 

b)         After registration is completed, a nonexempt individual is required to participate by:

 

1)         continuing employment;

 

2)         responding to an appropriate job referral (see subsection (c) of this Section);

 

3)         accepting an appropriate offer of employment (see subsection (c) of this Section);

 

4)         participating in English language training if working less than 100 hours per month if available and appropriate as determined by VOLAG; and

 

5)         participating in job skill training if working less than 100 hours per month if available and appropriate as determined by VOLAG.

 

c)         Appropriate work training must meet the following criteria:

 

1)         Work may be temporary, permanent, full time, part time or seasonal.

 

2)         The wage shall meet or exceed the Federal and State minimum wage or the sub-minimum training wage for persons under age 18.

 

3)         The daily hours of work and the weekly hours of work shall not exceed those customary to the occupation (as defined at Section 1 et seq. of the "Eight Hour Work Day Act" [820 ILCS 145].

 

4)         Based on an assessment of the client's educational background, employment history and training, the job or training assignment must be within the physical and mental capability of the individual to perform the task on a regular basis.

 

5)         The total daily commuting time to and from the work or training site shall not exceed two hours.  This does not include time required to take a child to and from a child care facility.

 

6)         The work or training site to which the individual is assigned must not have been cited by the appropriate regulatory agency as having violated Federal, State, or local health and safety standards.

 

(Source:  Amended at 25 Ill. Reg. 8763, effective July 2, 2001)

 

Section 115.36  Refugee Resettlement Program:  Individuals Exempt From Mandatory Work Registration/Participation Requirements

 

An individual is exempt from work registration/participation requirements when that individual is:

 

a)         a child in the case;

 

b)         a person who is ill, incapacitated, or age 60 or over;

 

c)         a person whose presence in the home is required because of illness or incapacity of another member of the household;

 

d)         the parent or other caretaker (as defined at 89 Ill. Adm. Code 101) of a child under the age of one who is caring for the child; or

 

e)         employed full time (i.e., 30 hours or more per week).

            AGENCY NOTE:  Full time college students age 18 or over are not eligible for cash assistance.  (Individuals attending job skill training or English language classes expected to last less than one year are not considered full time college students).

 

AGENCY NOTE:  Inability to speak English does not make the refugee exempt from work registration/participation requirements.

 

(Source:  Amended at 25 Ill. Reg. 8763, effective July 2, 2001)

 

Section 115.37  Refugee Resettlement Program:  Counseling (Repealed)

 

(Source:  Repealed at 9 Ill. Reg. 2296, effective February 5, 1985)

 

Section 115.38  Refugee Resettlement Program:  Sanctions For Failure to Cooperate With Work Requirements

 

a)         A nonexempt recipient who, without good cause, quits an appropriate job, refuses to apply for an appropriate job or refuses to accept an appropriate offer of employment will have his/her case cancelled or will be deleted from the assistance unit, as appropriate. The person is ineligible for Refugee cash assistance until he/she registers for work and requests restored benefits for the first failure to cooperate. For the second failure to cooperate, the person is ineligible for 3 payment months or until he or she cooperates, whichever is longer.  For the third failure to cooperate, the person is ineligible for the remainder of the RRP period.  An employable recipient working less than 100 hours per month must participate in English language training or skill training if it is available and appropriate as determined by VOLAG, or be sanctioned.  The sanction will begin on the first day of the next fiscal month.

 

b)         Following the sanction period, assistance cannot be restored until the client applies for assistance and registers with the Refugee Job Placement Agency or Job Service.  The client can register with the Refugee Job Placement Agency or with Job Service up to 30 days before the last day of the sanction period.

 

c)         The Refugee Job Placement Agency and the Voluntary Sponsoring Agency have primary responsibility for determining when a refugee has quit an appropriate job, refused to apply for an appropriate job or refused job skill training or English language training.  However, if the local office becomes aware that a client has quit a job, refused to apply for a job, refused to accept a job or refused training, the local office must make the decision regarding appropriateness of job or training and make the decision to sanction if reconciliation is not successful.

 

(Source:  Amended at 25 Ill. Reg. 8763, effective July 2, 2001)

 

Section 115.39  Refugee Resettlement Program:  Good Cause For Failure to Cooperate

 

Good cause for failure to cooperate includes, but is not limited to:

 

a)         illness or incapacity;

 

b)         court required appearance or temporary incarceration;

 

c)         family crisis;

 

d)         lack of suitable child care;

 

e)         inclement weather; or

 

f)         the job referral does not meet appropriate work or training criteria.

 

(Source:  Added at 9 Ill. Reg. 2296, effective February 5, 1985)

 

Section 115.40  The Cuban/Haitian/Entrant (Status Pending) Program (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 8763, effective July 2, 2001)

 

Section 115.50  The Repatriate Program

 

a)         The Repatriate Program provides for the authorization of assistance (financial and medical) for eligible needy U.S. citizens and their dependents who have been returned to the U.S. from a foreign country by the U.S. Department of State because of destitution, illness, war, threat of war, invasion or other crisis.

 

b)         To be eligible for assistance under the Repatriate Program, an individual or family must have been referred to the Department by U.S. Department of Health and Human Services.  The local office is responsible for determination of financial eligibility.

 

c)         Assistance shall be authorized on the basis of the TANF Payment level. The following case compositions define the level of issuance:

 

1)         single adult (age 18 or older);

 

2)         families of adults;

 

3)         adult or adults with child or children; or

 

4)         child or children only.

 

d)         Resources to be considered in all situations are those immediately available for use at the time financial assistance is needed.  Available resources are to be considered when they are in existence, the value is ascertainable, they are under the control of the recipient and can be drawn upon  for maintenance.

 

e)         Assistance may not ordinarily be furnished for more than 90 days.  If an individual is handicapped in attaining self-support for such reasons as age, disability, or lack of vocational preparation, authorization of a maximum of nine months additional assistance may be requested from the Department of Health and Human Services.  The person requesting assistance is expected to repay the amount of the assistance when financially able to do so.  Case records and case recordings shall be maintained.

 

(Source:  Amended at 25 Ill. Reg. 8763, effective July 2, 2001)

 

Section 115.60  Special Provisions Relating to Parolees

 

a)         Where appropriate, federal governmental officials provide that parolees (aliens not otherwise admissable who have been paroled into the U.S. by the discretion of the U.S. government) may be found eligible for  all benefits available to refugees in the RRP.  Aliens paroled into the U.S. are considered living in the U.S. under color of law.

 

b)         The following federally funded programs have been so specifically designated by appropriate federal officials:

 

1)         TANF Cash and Medical

 

2)         Food Stamps

 

3)         AABD MAG and MANG

 

4)         General Assistance

 

(Source:  Amended at 25 Ill. Reg. 8763, effective July 2, 2001)