California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2.1.1 - Uninsured Employers Fund and Subsequent Injuries Fund Benefits to Aliens › Article 1 - Limitations on Benefits › Section 15740 - Limitations on Uninsured Employers Fund and Subsequent Injuries Fund Benefits for Aliens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 All eligibility requirements contained herein shall be applied without regard
					 to the race, creed, color, gender, religion, or national origin of the
					 individual applying for the public benefit.
(b) Pursuant to Section
					 411 of the Personal Responsibility
					 and Work Opportunity Reconciliation Act of 1996, (Pub. L. No.
					 104-193(PRWORA)), (8 U.S.C. §
												1621),
					 and notwithstanding any other provision of this division, aliens who are not
					 qualified aliens, nonimmigrant aliens under the Immigration and Nationality Act
					 (INA) (8 U.S.C. §
												1101
et seq
.), or aliens
					 paroled into the United States under Section
					 212(d)(5) of the
					 INA (8 U.S.C. §
												1182 (d)(5)), for less than
					 one year, are not eligible to receive benefits, including death benefits as the
					 dependent of a deceased employee, from the UEF or SIF as set forth in Labor
					 Code Sections
					 3716,
					 3716.2 and
					 4750-
					 4755.
(c) A qualified alien is an alien who, at the
					 time he or she applies for, receives, or attempts to receive benefits from the
					 UEF or SIF, including death benefits as the dependent of a deceased employee,
					 is, under Section
					 431(b) of the
					 PRWORA (8 U.S.C. §
												1641(b) and (c)), any of the
					 following:
(1) An alien lawfully admitted for
					 permanent residence under the INA (8 U.S.C. §
													1101
et
					 seq
.).
(2) An alien who is
					 granted asylum under Section
					 208 of the INA (8 U.S.C. §
													1158).
(3) A refugee who is admitted to the United
					 States under Section
					 207 of the INA (8 U.S.C. §
													1157).
(4) An alien who is paroled into the United
					 States under Section
					 212(d)(5) of the
					 INA (8 U.S.C. §
													1182(d)(5)) for a period of
					 at least one year.
(5) An alien
					 whose deportation is being withheld under Section
					 243(h) of the INA
					 (8 U.S.C. §
													1253(h)) (as in effect
					 immediately before the effective date of
					 Section
					 307 of division C of
					 Public Law
					 104-208) or Section
					 241(b)(2) of such
					 Act (8 U.S.C. §
													1251(b)(3)) (as amended by
					 Section
					 305(a) of division C of
					 Public Law
					 104-208).
(6) An alien who is granted conditional entry
					 pursuant to Section
					 203(a)(7) of the
					 INA as in effect prior to April 1, 1980 (8 U.S.C. §
													1153(a)(7)) (See editorial
					 note under 8 U.S.C. §
													1101, "Effective Date of 1980
					 Amendment").
(7) An alien who is a
					 Cuban or Haitian entrant (as defined in Section
					 501(e) of the
					 Refugee Education Assistance Act of 1980 (8 U.S.C. §
													1522
					 note)).
(8) An alien who, under
					 Section 431(c)(1) of the
					 PRWORA (8 U.S.C. §
													1641(c)(1), meets all of the
					 conditions of subparagraphs (A), (B), (C), and (D) below:
(A) The alien has been battered or subjected
					 to extreme cruelty in the United States by a spouse or a parent, or by a member
					 of the spouse's or parent's family residing in the same household as the alien,
					 and the spouse or parent of the alien consented to, or acquiesced in, such
					 battery or cruelty. For purposes of this subsection, the term "battered or
					 subjected to extreme cruelty" includes, but is not limited to being the victim
					 of any act or threatened act of violence including any forceful detention,
					 which results or threatens to result in physical or mental injury. Rape,
					 molestation, incest (if the victim is a minor), or forced prostitution shall be
					 considered acts of violence.
(B)
					 There is a substantial connection between such battery or cruelty and the need
					 for the benefits to be provided in the opinion of the UEF or SIF. For purposes
					 of this subsection, the following circumstances demonstrate a substantial
					 connection between the battery or cruelty and the need for the benefits to be
					 provided:
(i) The benefits are needed to
					 enable the alien to become self-sufficient following separation from the
					 abuser.
(ii) The benefits are
					 needed to enable the alien to escape the abuser and/or the community in which
					 the abuser lives, or to ensure the safety of the alien from the
					 abuser.
(iii) The benefits are
					 needed due to a loss of financial support resulting from the alien's separation
					 from the abuser.
(iv) The benefits
					 are needed because the battery or cruelty, separation from the abuser, or work
					 absences or lower job performance resulting from the battery or extreme cruelty
					 or from legal proceedings relating thereto (including resulting child support,
					 child custody, and divorce actions) cause the alien to lose his or her job or
					 to earn less or to require the alien to leave his or her job for safety
					 reasons.
(v) The benefits are
					 needed because the alien requires medical attention or mental health
					 counseling, or has become disabled, as a result of the battery or extreme
					 cruelty.
(vi) The benefits are
					 needed because the loss of a dwelling or source of income or fear of the abuser
					 following separation from the abuser jeopardizes the alien's ability to care
					 for his or her children (e.g., inability to house, feed, or clothe children or
					 to put children into a day care for fear of being found by the
					 abuser).
(vii) The benefits are
					 needed to alleviate nutritional risk or need resulting from the abuse or
					 following separation from the abuser.
(viii) The benefits are needed to provide
					 medical care during a pregnancy resulting from the abuser's sexual assault or
					 abuse of, or relationship with, the alien and/or to care for any resulting
					 children.
(ix) Where medical
					 coverage and/or health care services are needed to replace medical coverage or
					 health care services the alien had when living with the
					 abuser.
(C) The alien has
					 been approved or has a petition pending which sets forth a prima facie case
					 for:
(i) status as a spouse or child of a
					 United States citizen pursuant to clause (ii), (iii), or (iv) of Section
					 204(a)(1)(A) of
					 the INA (8 U.S.C. §
															1154(a)(1)(A)(ii), (iii) or
					 (iv)),
(ii) classification pursuant to clause (ii)
					 or (iii) of Section
					 204(a)(1)(B) of
					 the INA (8 U.S.C. §
															1254(a)(1)(B)(ii) or
					 (iii)),
(iii) cancellation of removal under
					 8 U.S.C. §
															1229b as in effect prior to April 1,
					 1997,
(iv) status as a spouse or
					 child of a United States citizen pursuant to clause (i) of Section
					 204(a)(1)(A) of
					 the INA (8 U.S.C. §
															1154(a)(1)(A)) or
					 classification pursuant to clause (i) of Section
					 204(a)(1)(B) of
					 the INA (8 U.S.C. §
															1154(a)(1)(B)(i)).
(v) cancellation of removal pursuant to
					 Section 204 A(b)(2) of the INA
					 (8 U.S.C. §
															1229b(b)(2)).
(D) For the period for which benefits are
					 sought, the individual responsible for the battery or cruelty does not reside
					 in the same household or family eligibility unit as the individual subjected to
					 the battery or cruelty.
(9) An alien who meets all of the conditions
					 of subparagraphs (A), (B), (C), (D) and (E) below:
(A) The alien has a child who has been
					 battered or subjected to extreme cruelty in the United States by a spouse or a
					 parent of the alien (without the active participation of the alien in the
					 battery or cruelty), or by a member of the spouse's or parent's family residing
					 in the same household as the alien, and the spouse or parent consented or
					 acquiesced to such battery or cruelty. For purposes of this subsection, the
					 term "battered or subjected to extreme cruelty" includes, but is not limited to
					 being the victim of any act or threatened act of violence including any
					 forceful detention, which results or threatens to result in physical or mental
					 injury. Rape, molestation, incest (if the victim is a minor), or forced
					 prostitution shall be considered as acts of violence.
(B) The alien did not actively participate in
					 such battery or cruelty.
(C) There
					 is a substantial connection between such battery or cruelty and the need for
					 the benefits to be provided-in the opinion of the UEF or SIF. For purposes of
					 this subsection, the following circumstances demonstrate a substantial
					 connection between the battery or cruelty and the need for the benefits to be
					 provided:
(i) The benefits are needed to
					 enable the alien's child to become self-sufficient following separation from
					 the abuser.
(ii) The benefits are
					 needed to enable the alien's child to escape the abuser and/or the community in
					 which the abuser lives, or to ensure the safety of the alien's child from the
					 abuser.
(iii) The benefits are
					 needed due to a loss of financial support resulting from the alien's child's
					 separation from the abuser.
(iv)
					 The benefits are needed because the battery or cruelty, separation from the
					 abuser, or work absences or lower job performance resulting from the battery or
					 extreme cruelty or from legal proceedings relating thereto (including resulting
					 child support, child custody, and divorce actions) cause the alien's child to
					 lose his or her job or to earn less or to require the alien's child to leave
					 his or her job for safety reasons.
(v) The benefits are needed because the
					 alien's child requires medical attention or mental health counseling, or has
					 become disabled, as a result of the battery or extreme cruelty.
(vi) The benefits are needed because the loss
					 of a dwelling or source of income or fear of the abuser following separation
					 from the abuser jeopardizes the alien's child's ability to care for his or her
					 children (e.g., inability to house, feed, or clothe children or to put children
					 into a day care for fear of being found by the abuser).
(vii) The benefits are needed to alleviate
					 nutritional risk or need resulting from the abuse or following separation from
					 the abuser.
(viii) The benefits are
					 needed to provide medical care during a pregnancy resulting from the abuser's
					 sexual assault or abuse of, or relationship with, the alien's child and/or to
					 care for any resulting children.
(ix) Where medical coverage and/or health
					 care services are needed to replace medical coverage or health care services
					 the alien's child had when living with the abuser.
(D) The alien meets the requirements of
					 subsection (c)(8)(C) above.
(E) For
					 the period for which benefits are sought, the individual responsible for the
					 battery or cruelty does not reside in the same household or family eligibility
					 unit as the individual subjected to the battery or cruelty.
(10) An alien child who meets all of the
					 conditions of subparagraphs (A), (B), and (C) below:
(A) The alien child resides in the same
					 household as a parent who has been battered or subjected to extreme cruelty in
					 the United States by that parent's spouse or by a member of the spouse's family
					 residing in the same household as the parent and the spouse consented or
					 acquiesced to such battery or cruelty. For purposes of this subsection, the
					 term "battered or subjected to extreme cruelty" includes, but is not limited to
					 being the victim of any act or threatened act of violence including any
					 forceful detention, which results or threatens to result in physical or mental
					 injury.
Rape, molestation, incest (if the victim is a minor), or
						forced prostitution shall be considered acts of violence.
(B) There is a substantial connection between
					 such battery or cruelty and the need for the benefits to be provided in the
					 opinion of the UEF or SIF. For purposes of this subsection, the following
					 circumstances demonstrate a substantial connection between the battery or
					 cruelty and the need for the benefits to be provided:
(i) The benefits are needed to enable the
					 alien child's parent to become self-sufficient following separation from the
					 abuser.
(ii) The benefits are
					 needed to enable the alien child's parent to escape the abuser and/or the
					 community in which the abuser lives, or to ensure the safety of the alien
					 child's parent from the abuser.
(iii) The benefits are needed due to a loss
					 of financial support resulting from the alien child's parent's separation from
					 the abuser.
(iv) The benefits are
					 needed because the battery or cruelty, separation from the abuser, or work
					 absences or lower job performance resulting from the battery or extreme cruelty
					 or from legal proceedings relating thereto (including resulting child support,
					 child custody, and divorce actions) cause the alien child's parent to lose his
					 or her job or to earn less or to require the alien child's parent to leave his
					 or her job for safety reasons.
(v)
					 The benefits are needed because the alien child's parent requires medical
					 attention or mental health counseling, or has become disabled, as a result of
					 the battery or extreme cruelty.
(vi) The benefits are needed because the loss
					 of a dwelling or source of income or fear of the abuser following separation
					 from the abuser jeopardizes the alien child's parent's ability to care for his
					 or her children (e.g., inability to house, feed, or clothe children or to put
					 children into a day care for fear of being found by the abuser).
(vii) The benefits are needed to alleviate
					 nutritional risk or need resulting from the abuse or following separation from
					 the abuser.
(viii) The benefits are
					 needed to provide medical care during a pregnancy resulting from the abuser's
					 sexual assault or abuse of, or relationship with, the alien child's parent
					 and/or to care for any resulting children.
(ix) Where medical coverage and/or health
					 care services are needed to replace medical coverage or health care services
					 the alien child's parent had when living with the
					 abuser.