assistance (RCA) shall be provided to a refugee who:
(a) is not eligible for other cash assistance
programs such as AFDC, SSI, OAA, AB, APTD and AABD;
meets the following immigration status
and identification requirements;
parole status as a refugee or asylee under section 212(d) (5) of the
Immigration and Nationality Act;
(ii) has been admitted as a conditional
entrant under section 203(a) (7) of the Immigration and Nationality
(iii) has been admitted as a
refugee under section 207 of the Immigration and Nationality Act;
(iv) has been granted asylum under section
208 of the Immigration and Nationality Act;
(v) has been admitted with an immigration
status that entitled the individual to refugee assistance prior to enactment of
the Refugee Act of 1980, as specified by the director;
(vi) is a dependent child of and part of the
same filing unit as individuals who meet immigration status requirements;
(vii) has been admitted for
permanent residence provided the individual previously held one of the statuses
provides the name of the resettlement agency which resettled him;
(d) is not a full-time student in a college
or university except where such enrollment is approved as part of an
individual's state-approved employability plan; or
meets all income and resource criteria of
the AFDC program except that the $30 plus 1/3 disregard and the $30 disregard
to earned income is not allowed. Refer to ARM 46.10.401
RCA may be provided to eligible refugees
during the eight month period beginning with the month of entry to the United
(a) Date of entry is the date the
individual entered the United States as certified by the immigration and
naturalization services on INS form I-94 or INS form I-551.
(3) An exempt RCA recipient may
volunteer to participate in employment services.
A recipient of RCA who is not exempt
must, except for good cause shown
follow all requirements as in
Good cause may exist for refusal to
participate in employability services, accept employment, or voluntarily quit a
(i) The assignments were not within
the scope of the individual's employability plan.
(ii) The individual does not have the
capabilities to perform the task on a regular basis. If claim is based on
physical or mental impairment, verification by a physician or designee must be
(iii) The total daily
commuting time normally exceeded 2 hours, not including transporting of a child
to and from a child care facility.
(iv) Suitable child care is not
(v) Working conditions
are poor. Risks to health safety exist.
(vi) Assignments are discriminatory in terms
of age, sex, race, creed, color or national origin.
(vii) Wages offered are less than the state
minimum wage or the daily hours of work exceed those customary to the
(viii) The job offered
is vacant due to a strike, lockout, or other bona fide labor dispute or is in
conflict with the conditions of existing union membership.
An employable RCA recipient
may not, without good cause, voluntarily quit employment or fail or refuse to
meet the requirements of the agency's employment services. (
Mandatory participants will be terminated
from assistance for failure or refusal to participate. (
Voluntary participants will be
deregistered for 90 days. (
A conciliation period to the imposition
of sanctions must be provided. (
(b) (3) (iii))
Other AFDC requirements applicable to RCA
recipients are stated in
and 235.10. The department adopts and incorporates by reference
and 235.10 (1989 edition).
Mont. Admin. R. 37.74.102
NEW, 1982 MAR p. 1279,
Eff. 7/1/82; AMD, 1990 MAR p. 1961, Eff. 10/16/90; AMD, 1992 MAR p. 675, Eff.
3/27/92; TRANS, from SRS, 1998 MAR p. 2063.
MCA; IMP, Sec.