Refugee C. Eligibility Requirements

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Refugee Program Manual

C. Eligibility Requirements

Effective 1/1/11

1. Refugee Status Requirement

An individual meets refugee status if the individual is lawfully admitted under any of the provision of the Immigration and Nationality Act:

An individual admitted as a refugee under section 207 of the INA (8 U.S.C. 1157).
An individual granted asylum under section 208 of the INA (8 U.S.C. 1158).
Cuban and Haitian entrants, in accordance with requirements in 45 CFR part 401.
An individual paroled as a refugee or asylee under section 212(d)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(d)(5)). For purposes of this section, "Lautenberg" parolees, humanitarian interest parolees, and other public interest parolees do not qualify.
An Amerasian from Vietnam who is admitted to the U.S. as an immigrant pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Pub. L. No. 100-202 and amended by the 9th proviso under Migration and Refugee Assistance in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Acts, 1989 (Pub. L. No. 100-461 as amended)).
A "victim of a severe form of trafficking in persons" certified under the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464 (2000), as amended.
A family member of a victim of a severe form of trafficking in persons who holds a visa, for family members authorized by the Trafficking Victims Protection Reauthorization Act of 2003, Pub. L. 108-193, 117 Stat. 2875 (2003).
Iraqi and Afghan aliens granted special immigrant status under section 101(a)(27) of the Immigration and Nationality Act.

461-120-0120

Note: Most newly arrived refugees are admitted to the U. S. with INS document I-94. After a year of residence in the U.S., refugees and asylees may apply for Legal Permanent Residence (LPR) status. When they become LPR’s, they exchange their I-94 form for a I-551 (LPR, or “green card”) document. Therefore, refugees presenting an I-551 are not likely eligible for REF benefits, since they have resided in the U.S. for more than 6-8 months.

2. Financial Eligibility Requirements

The REF financial group must have income below the TANF adjusted income standard and resources below the TANF resource limit. Refugees are required to inform the Division of the name of their resettlement agency. Inquire also if they will receive any Resettlement & Placement (R & P) grants from the resettlement agency. The resettlement agency receives R&P grants to reimburse the resettlement agency and sponsor for the cost of helping the refugee get established in Oregon. Sometimes the resettlement agency will issue a check for part of the R&P grant to the sponsor and the refugee. The R&P grant is excluded as income for REF(M) and TANF. For GA, MAA, MAF, OHP, OSIPM and QMB, determine the availability of the R&P grant as assets using the rules for those benefit programs that concern lump-sum payments.

Exclude in-kind income, and payments made directly to third parties, such as landlords, utility companies and businesses. Payments made directly to the refugee are considered available unearned income and are counted against their grant amount in the month of receipt.

Any income used for medical or medical-related purposes is considered unavailable.

Availablity of income: 461-140-0040
Resettlement and placement: 461-145-0455
Use of income: 461-160-0100

3. REF Resource Limit

The resource limit is:

$10,000 for need groups with at least one JOBS participant who is progressing in their self-sufficiency plan.
$10,000 for need groups with at least one member who is working under a JOBS Plus agreement.
$2,500 for all other need groups.

461-160-0015

If a resource remains in the applicant's country of origin, it is not available.

461-140-0020

See Counting Client Assets for more information.

4. REF Income and Payment Standards

The TANF Countable Income Limit Standard is the amount set as the maximum countable income limit. The TANF Adjusted Income/Payment Standard is used as the adjusted income limit and to calculate cash benefits for the benefit group.

# in Need Group

Countable Income Limit

Adjusted Income/

Payment Standard

$ 345

$ 326

$ 499

$ 416

Note: Please refer to the Computer Guide for specific UCMS coding instructions.

461-155-0030

Effective October 1, 2010, to calculate cash benefit for a need group with an adult in the REF program, the following table is used.

# in Need Group

Countable Income Limit

Adjusted Income/

Payment Standard

$ 345

$ 339

$ 499

$ 432

461-155-0030

In the REFM program, the income standard is 200 percent of the federal poverty level, as listed in 461-155-0180(6), based on the size of the need group.

461-155-0225

5. Cooperation With Assigned Activities for Self-Sufficiency

Refugees and asylees must cooperate with the assigned activities on their case plan. The assigned case plan activities may include:

Pursuing assets such as SSI benefits
Obtaining Social Security Numbers and Oregon Identification
Pursuing treatment for mental health or substance abuse barriers
Enrolling in English language or pre-employment training classes
Engaging in work search activities assisted by their community, and JOBS and voluntary agency partners

If they are selected to participate in an employment program, they must participate unless they have good cause. Refugees and asylees who have lived in the U.S. fewer than 12 months, and who reside in the Tri-County area are subject to the New Arrival Employment Service (NAES) project rules.

Requirement to Pursue Assets: 461-120-0330
Employment Requirements: 461-130-0305

6. Specific Eligibility Requirements

For refugees who live outside the Tri-county area: For refugees living in counties other than Clackamas, Multnomah and Washington, TANF and OSIP are prior program resources. If they meet all other eligibility requirements, single- and two-parent refugee families would receive TANF. Single adult refugees, childless couples, and couples whose children are adults would not be eligible for TANF, but would, if they meet all other requirements, be eligible for eight months of REF(M) benefits.

To qualify for REF(M) benefits, one must:

Not reside in Multnomah, Washington or Clackamas counties.
Not be eligible for other cash assistance programs.
Meet the alien status requirement listed in 461-120-0120.
This can be determined by reading the entry date shown on the client's INS document, for example, the I-94.
Have been in the U.S. less than eight months*. The first month is the month a refugee or asylee arrives in the U.S. This can be determined by reading the date shown on the immigration document, for example, the I-94. Some asylees may not have an immigration document showing the date of arrival. In this case, accept the asylee's statement on his or her date of arrival. Meet the financial eligibility requirements.

For refugees who live in the Tri-county area: Refugee clients who arrived in the U.S. on or after October 1, 1997, are served by the Refugee Case Service Program (RCSP). Under RCSP, the Division contracts with refugee service organizations which administer cash assistance and provide case, training and employment services. RCSP benefits are a prior resource for refugees residing in the RCSP area. Refugees and asylees who have lived in the RCSP area for fewer than 8 months* are not eligible for cash assistance from the local office. The following exceptions to the RCSP prior resource rule:

Newly arrived refugees who join family members currently receiving TANF will be included in the existing TANF filing group and served by Self Sufficiency. Newly arrived adult refugees who join families in the RCSP area, or in Marion county, may receive training and employment services from the NAES project for their first 12 months of residence in Oregon.
Refugees who are over 65 years of age, or who are blind or disabled, will be referred to SPD for services.

To be eligible for the RCSP, one must:

Have an alien status listed in 461-120-0120.
Entered the United States on or after October 1, 1997.
Live in Clackamas, Multnomah or Washington county.
Have resided in the United States less than eight months or have been granted asylum within the last eight months. The month in which the refugee was admitted to the U.S. as a refugee, or was granted asylum, counts as the first month. This can be determined by reading the entry date shown on the client's INS document, for example the I-94 or documentation from an immigration judge.

For refugees residing in all Oregon counties:

REFM clients to whom children are born may receive REFM for the entire benefit group through their eighth month of residence in the United States if they are ineligible for MAA, MAF or TANF.
The month in which the refugee entered the United States counts as the first month of residence except for those granted asylum under section 208 of the INA. The first month for REF and REFM benefits for asylees is the month in which they were granted asylum.

Deprivation based on un/underemployment of PWE: 461-125-0170
Un/underemployment of PWE: 461-125-0190
Eligibility for RCSP: 461-135-0082
Specific Requirements: 461-135-0900

Note: The State Refugee Program is responsible for reporting on all refugees and asylees who resettle in Oregon to the federal Office of Refugee Resettlement. It is important that refugee resettlement data be captured when creating a UCMS case. The case descriptors should include the appropriate refugee code, and the Need Resources should include the appropriate refugee code, the date of arrival (e.g., “05/99"), the last 8 digits of the refugee’s alien number followed by the resettlement agency code (e.g., “75026741/USC”). See Computer Guide Chapter III-G or call State Refugee Program Specialist (click here for the CAF-SSP contact list).

7. Refugees and the SNAP Program

Newly arrived refugees (that is, all non-citizen categories shown in section C.1 of this manual) are included in the group of qualified non-citizens who, if they meet all other eligibility requirements, are eligible for SNAP Program benefits. Section C.2 describes the Resettlement and Placement grants (R & P) made by resettlement agencies when refugees first arrive in the U.S. When calculating SNAP benefits for these clients, remember that the first $300 of a R&P grant made directly to the refugee household is excluded from the SNAP benefit calculation as a cash contribution from a charitable non-profit organization. Any amount in excess of $300 obtained from a R&P grant made to a refugee household is counted as unearned income. If the resettlement agency issues a R&P grant to a sponsor, a landlord or other third party to pay for the household shelter costs, it is considered a vendor payment, and not income available to the refugee. Items purchased by the resettlement agency or a sponsor for the household using a R&P grant are considered in-kind income, and are excluded from SNAP asset calculations.

Cash contribution: 461-145-0070
In-kind income: 461-145-0280
Resettlement & Placement: 461-145-0455

8. Refugees and Support Payments

Refugees receiving REF may receive support payments to assist them in cooperation with their employment plans. It should be noted, however, that REF clients would not be eligible for REF support payments after the eighth month* of residence in the U.S. If a refugee requesting support payments is no longer eligible for REF, but continues to receive SNAP benefits, examine the possibility of issuing OFSET or ABAWD support payments. Refugees in the RCSP service area receive child care and other support payments for employment activities through a privately contracted service provider. They may receive these payments as long as they are eligible for RCSP services.

9. Additional Rule References

Date of Request: 461-115-0030

Requirement to Seek Treatment for Substance Abuse and Mental Health: 461-135-0085

Good Cause for Failure to Comply with Substance Abuse or Mental Health Requirements: 461-135-0087

Demonstrating Compliance with Substance Abuse and Mental Health Requirements; Restoring Cash Benefits: 461-135-0089

Unaccompanied Minor Program: 461-135-0910

Hearing and continuation of benefits rights: 461-025-0310 and 461-025-0311

Effect of Strikes: 461-130-0328 |

Removing Employment disqualifications: 461-130-0335

*Afghan refugees are eligible for six-months of benefits.

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