218 R.I. Code R. 218-RICR-20-00-2.6 - Time Limit
A. 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. Before a parent or
caretaker relative reaches their 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
A. 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
they may request a reassessment to determine whether or not they 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 their citizen
child(ren), may request a hardship extension for the child(ren) at their time
limit.
C. A customer who has closed
due to reaching the sixty (60) month lifetime time limit, 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 their 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.
B. The parent or caretaker relative will be
offered assistance to remove or ameliorate barriers preventing them 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 their 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. RI Works 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.
b. The individual must apply for or have a
pending application for SSI or SSDI.
c. The individual must be active and in
compliance with their employment plan. If receiving services from the Office of
Rehabilitation Services (ORS) Vocational Rehabilitation, they must be compliant
with their employment plan.
d.
Quarantine of the household due to illness.
e. Illness of the applicant or a family
member.
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 employment plan.
d. Quarantine of the household due to
illness.
e. Illness of the
applicant or a family member.
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 will not be imposed.
Notes
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