ARC 8524C

ARC 8524C

Proposing rulemaking related to refugee cash assistance
and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 16, 2024. A public hearing was held on the following date(s):

●November 6, 2024

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

ITEM 1.Rescind 441—Chapter 60 and adopt the following new chapter in lieu thereof:

CHAPTER 60

REFUGEE CASH ASSISTANCE

441—60.1(217) Alienage requirements.

60.1(1) Immigration status. A refugee is a person whose immigration status is one of the following statuses as issued by the United States Immigration and Naturalization Service:

a.Granted asylum under Section 208 of the Immigration and Nationality Act as amended to August 1, 2024.

b.Admitted as a refugee under Section 207 of the Act.

c.Paroled as a refugee or asylee under Section 212(d)(5) of the Act.

d.Cuban and Haitian entrants in accordance with requirements in 45 CFR Part 401 as amended to March 22, 2000.

e.Certain Amerasians from Vietnam who are admitted to the U.S. as immigrants pursuant to Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Acts, 1988, as contained in Section 101(e) of Public Law 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 (Public Law 100-461 as amended to August 1, 2024).

f.Admitted for permanent residence, provided the individual previously held one of the statuses identified above.

60.1(2) Nonrefugee child of refugee parents. A nonrefugee child of refugee parents, when both parents in the home are refugees as defined in subrule 60.1(1), meets the alienage requirements. When only one parent is in the home and that parent is a refugee as defined in subrule 60.1(1), the child meets the alienage requirements.

60.1(3) Immigration and Naturalization Service documents. Each refugee shall provide Immigration and Naturalization Service documents in the form of either an I-94 card, an I-151 or I-551 card, an I-181 card, or other appropriate documentation to support the immigration status defined in subrule 60.1(1). If the name of the resettlement agency that resettled the refugee is not on the document, the refugee shall provide the name of the resettlement agency.

441—60.2(217) Application procedures. Application policies are defined in rules 441—40.3(239B), 441—40.4(239B), and 441—40.5(239B).

441—60.3(217) Effective date of grant. The date of eligibility for a grant is defined in rule 441—40.6(239B).

441—60.4(217) Accepting other assistance.

60.4(1) Family investment program (FIP). A refugee applicant or recipient shall accept a FIP grant if eligible under 441—Chapters 40 and 41.

60.4(2) Supplemental security income (SSI). Refugees who are 65 or older, blind, or disabled shall apply for and, if eligible, accept SSI.

441—60.5(217) Eligibility factors.

60.5(1) Age.

a.An unmarried refugee is considered an adult at age 18, except as defined in 441—subrule 41.1(1), and is eligible to receive refugee cash assistance if otherwise eligible.

b.Married refugees with or without children, as defined in 441—subrule 41.1(1), are eligible regardless of age if other eligibility factors are met.

60.5(2) Residency. Residency requirements are defined in 441—subrule 41.4(1).

60.5(3) Social security numbers. Refugees are required to furnish a social security number as defined in 441—subrule 41.3(11).

60.5(4) Determination of need. Need will be determined as defined in 441—41.9(239B), except as otherwise provided in this chapter.

60.5(5) Income. Income is defined in rules 441—40.1(239B) and 441—41.8(239B).

60.5(6) Resources. Resource requirements are defined in rule 441—41.7(239B).

441—60.6(217) Students in institutions of higher education. A refugee who is a full-time student in an institution of higher education (other than a correspondence school) is ineligible for assistance with two exceptions:

1.The refugee is in a program approved as part of an individual employability plan, as defined in subrule 60.9(3).

2.The refugee is in a program solely in English as a second language.

60.6(1) Institution of higher education. An institution of higher education is defined as an educational institution that provides an education program as specified below:

a.A public or private nonprofit institution of higher education is an educational institution that provides an educational program for which it awards an associate, baccalaureate, graduate, or professional degree; or at least a two-year program that is acceptable for full credit toward a baccalaureate degree; or at least a one-year training program that leads to a certificate or degree and prepares students for gainful employment in a recognized occupation.

b.A proprietary institution of higher education is an educational institution that provides at least a six-month program of training to prepare students for gainful employment in a recognized occupation.

c.A postsecondary vocational institution is a public or private nonprofit educational institution that provides at least a six-month program of training to prepare students for gainful employment in a recognized occupation.

60.6(2) Full-time student. A full-time student is a student who is carrying a full-time academic workload that equals or exceeds the following:

a.Twelve semester or 12 quarter hours per academic term in those institutions using standard semester, trimester, or quarter-hour systems.

b.Twenty-four semester hours or 36 quarter hours per academic year for institutions using credit hours to measure progress, but not using semester, trimester, or quarter systems, or the prorated equivalent for programs of less than one academic year.

c.Twenty-four clock hours per week for institutions using clock hours.

d.A series of courses or seminars that equals 12 semester hours or 12 quarter hours in a maximum of 18 weeks.

e.The work portion of a cooperative education program in that the amount of work performed is equivalent to the academic workload of a full-time student.

441—60.7(217) Time limit for eligibility.

60.7(1) Assistance. A refugee may receive assistance, if otherwise eligible:

a.For refugees who entered the country prior to October 1, 2021, during the first eight months the refugee is in the United States, beginning the month the refugee enters the country.

b.For refugees who entered the country on or after October 1, 2021, during the first 12 months the refugee is in the United States, beginning the month the refugee enters the country.

Exception: For asylees, the date of entry is the date asylum is granted. The 8-month or 12-month period of eligibility begins the month asylum is granted. A nonrefugee child in the home with a refugee parent (or refugee parents, if both are in the home) is eligible for assistance until the parent(s) has been in the United States for 8 or 12 months, or until the child reaches 8 or 12 months of age, whichever occurs first. For Afghan special immigrant (SI) parolees and Afghan SI conditional permanent residents (CPRs), the date is the date of “entry into the community,” which is the date the individual departed a safe haven. For Afghan humanitarian parolees, the date is the latter of October 1, 2021, or the date of entry into the community, which is the date the individual departed a safe haven. “Safe haven” is the term the U.S. government and other relevant stakeholders have used for U.S. military bases in the continental United States that housed Afghans evacuated under Operation Allies Refuge/Operation Allies Welcome (OAR/OAW) as Afghans awaited resettlement to their ultimate state of residence.

60.7(2) Resources. The resources of refugees excluded because of the 8-month or 12-month limit will be considered in the same manner as though these refugees were included in the eligible group.

60.7(3) Income.

a.When the eligible refugee group has income, the income will be diverted to meet the needs of the refugees ineligible because of the time limit who would otherwise have been included in the refugee assistance group as defined in subrule 60.5(4).

b.The income of the refugees ineligible because of the time limit who would otherwise have been included in the assistance group as defined in subrule 60.5(4), will be used first to meet the needs of the ineligible group and then applied to the eligible group’s needs.

c.The amount of need for the ineligible group is the difference between the needs of the group including the ineligible refugees and the needs of the group excluding the ineligible refugees. Any excess income will be applied to the needs of the eligible group.

d.Any cash grant received by the applicant under the Department of State or the Department of Justice reception and placement programs will be disregarded as income and as a resource.

441—60.8(217) Criteria for exemption from registration for employment services, registration, and refusal to register. 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.

60.8(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 full-time 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.

60.8(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 de-register 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.

60.8(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.

441—60.9(217) Work and training requirements.

60.9(1) Standards applicable to both work and training assignments. The following standards must be met before an employable refugee can be required to accept a work or training assignment. A job offered, if determined appropriate under subrules 60.9(1) and 60.9(2), is required to be accepted by the refugee without regard to whether the job would interrupt a program of services planned or in progress unless the refugee is currently participating in a program in progress of on-the-job training or vocational training approved as part of an individual’s employability plan or the refugee is enrolled full-time in a professional recertification program approved as part of an individual’s employability plan.

a.The job or training referral must be related to the physical and mental capability of the person to perform the task on a regular basis. Any claim of adverse effect on physical or mental health will be based on adequate medical testimony from a physician or licensed or certified psychologist indicating that participation would impair the person’s physical or mental health.

b.The total daily commuting time to and from home to the work or training site to which the person is referred shall not normally exceed two hours, not including the transporting of a child to and from a child care facility, unless a longer commuting distance and time is generally accepted in the community, in which case the round trip commuting time shall not exceed the generally accepted community standards.

c.The work or training site to which the person is referred must not be in violation of applicable federal, state, and local health and safety standards.

d.Referrals shall not be made that are discriminatory in terms of age, sex, race, creed, color, or national origin.

e.When child care is required, the child care must meet state licensing or registration requirements.

f.Available manpower statistics for a local area must indicate adequate employment potential for persons obtaining the given training. The employment must also meet the other appropriate work requirements.

g.The work or training assignment must be within the scope of the refugee’s employability plan.

h.The quality of training must meet local employers’ requirements so that the refugee will be in a competitive position within the local labor market. The training must also be likely to lead to employment that will meet the appropriate work criteria.

i.If a refugee is a professional in need of professional refresher training and other recertification services in order to qualify to practice the refugee’s profession in the United States, the training may consist of full-time attendance in a college or professional training program, provided that the training is approved by the department as a part of the refugee’s employability plan; it does not exceed one year’s duration (including any time enrolled in the program in the United States prior to the refugee’s application for assistance); it is specifically intended to assist the professional in becoming relicensed in the refugee’s profession; and, if completed, it can realistically be expected to result in relicensing.

60.9(2) Appropriate work requirements. The local office, in making a determination of appropriate work, shall utilize the following criteria:

a.Appropriate work may be temporary, permanent, full-time, part-time, or seasonal work if it meets the other work standards defined in subrule 60.9(1).

b.The wage shall meet or exceed the federal or state minimum wage law, whichever is applicable, or if these laws are not applicable, the wage shall not be less favorable than the wage normally paid for similar work in that labor market but in no event shall it be less than three-fourths of the minimum wage rate.

c.The daily hours of work and the weekly hours of work shall not exceed those customary to the occupation.

d.No person shall be required to accept employment if:

(1)The position offered is vacant due to a strike, lockout, or other bona fide labor dispute.

(2)The person would be required to work for an employer contrary to the conditions of the person’s existing membership in the union governing that occupation. However, employment not governed by the rules of a union in which the person has membership may be deemed appropriate.

60.9(3) Development of an individual employability plan. An individual employability plan will be developed as a part of a family self-sufficiency plan where applicable for each recipient of refugee cash assistance in a filing unit who is not exempt under subrule 60.8(1). The individual employability plan will:

a.Be designed to lead to the earliest possible employment and not be structured in such a way as to discourage or delay employment or job seeking.

b.Contain a definite employment goal, attainable in the shortest time period consistent with the employability of the refugee in relation to job openings in the area.

60.9(4) Job search requirements. The department will mandate job search for employable refugees where appropriate.

a.An employable recipient of refugee cash assistance shall carry out a job search program beginning at any time mandated by the bureau of refugee services. The bureau of refugee services will require the job search program to begin no later than six months after the refugee entered the United States or at the time the refugee is determined eligible for refugee cash assistance, if the refugee has completed at least six months in the United States at the time of the determination.

b.The job search program shall continue for at least eight consecutive weeks and shall meet requirements that the bureau of refugee services determines appropriate, including the amount of time to be devoted to employer contacts per week or the number of employer contacts mandated per week.

c.The department will determine and carry out the procedures it considers necessary to ensure that mandates for participation in job search are met.

60.9(5) Failure or refusal to accept employability services or employment.

a.Unless the refugee is exempt as described at rule 441—60.8(217), the department will terminate assistance when an employable recipient of refugee cash assistance has failed or refused to comply with any of the following requirements without good cause. The refugee shall:

(1)Register for employment with the department of workforce development and, within 30 days of receipt of cash assistance, participate in employment services provided by the bureau.

(2)Apply for or accept an offer of employment meeting the standards above.

(3)Carry out job search.

(4)Go to a job interview arranged by the department or its designee.

(5)Participate in an employability service program that is determined to be available and appropriate for that refugee.

(6)Not voluntarily quit a job.

(7)Participate in a social service or targeted assistance program that the department determines to be available and appropriate for that refugee.

b.In cases of proposed action to terminate, discontinue, suspend, or reduce assistance, the department will give timely and adequate notice, following the same procedures as those used in the family investment program. The written notice will include:

(1)An explanation of the reason for the action and the consequences of failure or refusal.

(2)Notice of the refugee’s right to file an appeal with the department. The department will determine whether a hearing will be granted.

c.For the first refusal or failure the refugee will be sanctioned for three payment months. Subsequent refusals or failures will result in a six-payment month sanction for each refusal or failure.

d.If the sanctioned individual is the only member of the filing unit, the assistance will be terminated. If the filing unit includes other members, the department will not take into account the sanctioned individual’s needs in determining the filing unit’s need for assistance.

e.A conciliation period prior to the imposition of sanctions must be provided for in accordance with the following time limitations. The conciliation effort will begin as soon as possible, but no later than 10 days following the date of failure or refusal to participate, and may continue for a period not to exceed 30 days. Either the department or the recipient may terminate this period sooner when either believes that the dispute cannot be resolved by conciliation.

441—60.10(217) Uncategorized factors of eligibility.

60.10(1) Duplication of assistance. A refugee whose needs are included in a refugee cash assistance grant will not concurrently receive a grant under any other public assistance program administered by the department. Neither will a recipient concurrently receive a grant from a public assistance program in another state.

60.10(2) Contracts for support. A person entitled to total support under the terms of an enforceable contract is not eligible to receive refugee cash assistance when the other party, obligated to provide the support, is able to fulfill that part of the contract.

60.10(3) Participation in a strike.

a.The spouse and children will be ineligible for assistance for any month in which the other spouse or parent is participating in a strike on the last day of the month.

b.Any person will be ineligible for assistance for any month in which the person is participating in a strike on the last day of that month.

c.Definitions of a strike and participating in a strike are defined in 441—paragraph 41.6(4)“c.”

60.10(4) Restrictions. Restrictions found in 441—subrule 41.6(7) apply to benefits issued under this chapter.

441—60.11(217) Temporary absence from home. Temporary absence from home is defined in 441—subrule 41.4(3).

441—60.12(217) Application. The application will be processed as defined in rule 441—40.2(239B).

441—60.13(217) Continuing eligibility. Continuing eligibility will be determined as defined in rule 441—40.7(239B), except that refugee cash assistance will be substituted for the family investment program whenever it appears.

441—60.14(217) Alternate payees. Alternate payees are defined in 441—Chapter 40, except that refugee cash assistance will be substituted for the family investment program whenever it appears.

441—60.15(217) Payment. Payment will be issued as defined in 441—Chapter 45, except that refugee cash assistance will be substituted for the family investment program whenever it appears.

441—60.16(217) Overpayment recovery. Recovery of overpayments will be determined as defined in 441—Chapter 46, except that refugee cash assistance will be substituted for the family investment program whenever it appears.

These rules are intended to implement Iowa Code section 217.6.