Each refugee applying for or receiving cash assistance shall
register for employment unless the department determines the refugee is exempt
because of reasons listed in subrule 60.8(1). 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.
(1)
Exemptions. The following refugees are exempt from
registration:
a. A refugee who is under the
age of 16; or who is aged 16 but under the age of 18 and attending elementary,
secondary, or vocational or technical school full-time; or a refugee who is
enrolled full-time in training approved by the local office as part of an
approved employability plan; or a refugee 18 years of age who is a full-time
student in a secondary school, or in the equivalent level of vocational or
technical training, and reasonably expected to complete the program before
reaching the age of 19.
(1) A refugee will be
considered as attending school full time when enrolled or accepted full time
(as certified by the school or institute attended) in a school or training
leading to a certificate or diploma. Correspondence school is not an allowable
program of study.
(2) The refugee
also will be considered in regular attendance in months when the refugee is not
attending because of an official school or training program, vacation, illness,
convalescence, or family emergency. A refugee meets the definition of regular
school attendance until the refugee has been officially dropped from the school
rolls.
(3) When the refugee's
education is temporarily interrupted pending adjustment of the education or
training program, assistance will be continued for a reasonable period of time
to complete the adjustment.
b. A refugee aged 65 or older.
c. A refugee who is caring for another member
of the household who has a physical or mental impairment that requires, as
determined by a physician or licensed or certified psychologist and verified by
the department, care in the home on a substantially continuous basis, and no
other appropriate member of the household is available.
d. A woman who is pregnant if it has been
medically verified that the child is expected to be born in the month in which
registration would otherwise be required or within the next six
months.
e. A parent or other
caretaker relative of a child under the age of three who personally provides
fulltime care for the child with only very brief and infrequent absences from
the child. Only one parent or other caretaker relative in a case may be exempt
under this paragraph. "Brief and infrequent absence" means short-term absences
that do not reoccur on a regular basis. Any involvement by the parent employed
less than 129 hours per month or attending school less than full-time, as
defined by the school, will be considered brief and infrequent. Recreational
activities and vacations by the parent or child that result in the parent being
absent from the child will be considered brief and infrequent.
f. A refugee who is 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 ten workdays.
g. A refugee who is ill, when determined by
the department on the basis of medical evidence or another sound basis that the
illness or injury is serious enough to temporarily prevent entry into
employment or training.
h. A
refugee who is incapacitated, when determined by a physician or licensed or
certified psychologist and verified by the department, that a physical or
mental impairment, by itself or in conjunction with age, prevents the refugee
from engaging in employment or training.
(2)
Registration. A refugee
not exempt under subrule 60.8(1) will be considered an employable refugee. An
employable refugee shall register with the department of workforce development
and, within 30 days of receipt of aid, participate in the employment services
provided by the bureau of refugee services. The department does permit, but
does not mandate, the voluntary registration for employment services of any
applicant or recipient of refugee cash assistance who is exempt under the
provisions of this rule. If a voluntary registrant fails or refuses to
participate in appropriate employability services, to carry out job search, or
to accept an appropriate offer of employment, the bureau of refugee services
may deregister the refugee for up to 90 days from the date of determination
that failure or refusal has occurred, but the refugee's cash assistance will
not be affected.
(3)
Refusal to register.
a. An
employable applicant refugee who refuses or fails to cooperate in accepting a
referral to the department of workforce development or the bureau of refugee
services, refuses or fails to appear at the department of workforce development
office for registration, or refuses or fails to mail or deliver the
registration form to the bureau of refugee services, will be denied
assistance.
b. Assistance for an
employable recipient refugee will be terminated when the refugee refuses or
fails to register with the department of workforce development or the bureau of
refugee services.