reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.14 - Notices

Current through June 14, 2024
A. Notice for Mass Changes
1. When the agency makes a mass change in
				  SNAP eligibility or benefits, it must notify all households whose benefits are
				  reduced or terminated.
a. The agency must
				  notify the household of the mass change on the date the household is scheduled
				  to receive the allotment which has been changed.
b. The agency must notify the household of
				  the mass change as much before the household's scheduled issuance date as
				  reasonably possible, although the notice need not be given any earlier than the
				  time required for advance notice of adverse action.
c. The household is entitled to request a
				  fair hearing when it is aggrieved by the mass change.
(1) A household which requests a fair hearing
				  due to a mass change is entitled to continued benefits at its previous level
				  only if the household meets three (3) criteria:
(AA) The household does not specifically
				  waive its right to a continuation of benefits;
(BB) The household requests a fair hearing in
				  accordance with §
														1.22   of this Part;
				  and
(CC) The household's fair
				  hearing is based upon improper computation of SNAP eligibility or benefits, or
				  upon misapplication or misinterpretation of Federal law or
				  Regulation.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.15 - Determining Household Eligibility and Benefit Levels

Current through June 14, 2024
A. The income considered is that received
				  over the period of certification.
1. As this
				  is generally a future period, the income considered is usually that anticipated
				  by the household.
2. Households
				  that contain an elderly or disabled member must meet the net income eligibility
				  standards for the Supplemental Nutrition Assistance Program.
3. Households that do not contain an elderly
				  or disabled member must meet both the gross income eligibility standards and
				  the net income eligibility standards for the Supplemental Nutrition Assistance
				  Program.
4. Households that are
				  categorically eligible because they are recipients of RIW cash assistance
				  and/or SSI do not have to meet either the gross or net income eligibility
				  standards.
5. The gross and net
				  income eligibility standards are based on the Federal income poverty
				  levels.
6. SNAP-only categorically
				  eligible households that are recipients of a TANF-funded Service (the RI
				  Department of Human Services TANF Information Publication) must meet the one
				  hundred eighty-five percent (185%) gross income standard solely to determine
				  eligibility for expanded categorical eligibility and must meet the net income
				  standards in order to determine benefit amount.
a. One (1) and two (2) person households that
				  are categorically eligible do not have to meet the net income standard in order
				  to be eligible for the minimum monthly benefit of twenty-three dollars
				  ($23.00).
7. The gross
				  income eligibility standards for the Supplemental Nutrition Assistance Program
				  for the contiguous forty-eight (48) states, the District of Columbia, the
				  Virgin Islands and Guam is one hundred thirty percent (130%) of the Federal
				  income poverty level.
8. The net
				  income eligibility standards for the Supplemental Nutrition Assistance Program
				  for the contiguous forty-eight (48) States, the District of Columbia, the
				  Virgin Islands and Guam is one hundred percent (100%) of the Federal income
				  poverty level.
9. The income
				  eligibility limits are revised each October 1 to reflect the annual adjustment
				  to the Federal income poverty guidelines for the forty-eight (48) contiguous
				  States and the District of Columbia.
10. The annual income poverty guidelines are
				  divided by twelve (12) to determine the monthly gross income standards,
				  rounding the results upward as necessary.
a.
				  For households greater than eight (8) persons, the increment in the Federal
				  income poverty guidelines is multiplied by appropriate Federal poverty level
				  percentage, divided by twelve (12), and the results rounded upward, if
				  necessary.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.16 - Electronic Benefit Transfer (EBT)

Current through June 14, 2024
A. Electronic
				  Benefit Transfer (EBT) is an electronic system which allows recipients to
				  authorize transfer of their SNAP benefits from an EBT account to a retailer
				  account to pay for food products.
1. Eligible
				  SNAP households access their EBT SNAP benefits by using a plastic RI EBT card
				  along with a personal identification number (PIN) at point of sale (POS)
				  terminals that display the NYCE or QUEST logos.
a. In order to use an RI EBT card, the
				  cardholder must also use a secret four (4) digit number known as a personal
				  identification number or PIN.
(1) The
				  cardholder selects a PIN by calling the Rhode Island Customer Service Line at
				  1-888-979-9939.
(2) When using an RI EBT card, the cardholder
				  is allowed four (4) attempts to enter the correct PIN.
(AA) On the fifth (5th) try, the cardholder
				  is locked out of the EBT system until the next day.
(BB) However, the card is not confiscated.
				  Cardholders must call the Rhode Island Customer Service Line at
				  1-888-979-9939 for
				  assistance.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.17 - Benefit Over Issuances and Claims

Current through June 14, 2024
A. A recipient
				  claim is an amount owed because of:
1.
				  Benefits that are overpaid, or
2.
				  Benefits that are trafficked.
a. Trafficking
				  is defined as buying or selling of benefit instruments such as EBT cards for
				  cash or consideration other than eligible food.
b. This claim is a Federal debt subject to
				  Rules governing Federal debts.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.18 - Benefit Underpayments

Current through June 14, 2024
A. If the agency
				  representative determines that a loss of benefits has occurred, and a household
				  is entitled to restoration of these benefits, action to restore the benefits
				  must automatically be taken.
1. However,
				  benefits are not restored if the benefits were lost more than twelve (12)
				  months prior to the month the loss was discovered by the agency in the normal
				  course of business or were lost more than twelve (12) months prior to the month
				  the agency representative was notified in writing, or orally, of a possible
				  loss to a specific household.
2.
				  Benefits are restored to a household whenever:
a. The loss was caused by an agency error;
				  and/or,
b. There is a statement
				  elsewhere in the Regulations specifically stating that the household is
				  entitled to restoration of lost benefits; and/or,
c. There is an administrative
				  disqualification for intentional program violation which was subsequently
				  reversed.
3. The
				  household is notified of its entitlement, the amount of benefits to be
				  restored, any off-setting that was done, the method of restoration, and the
				  right to appeal through the hearing process if the household disagrees with any
				  aspect of the restoration of lost benefits.
4. If the household was eligible, but
				  received an incorrect allotment, the amount to be restored is the difference
				  between the actual and the correct allotment.
5. The loss of benefits is calculated only
				  for those months the household participated.
6. The agency must restore to a household
				  benefits which were found by any judicial action to have been wrongfully
				  withheld.
a. If the judicial action is the
				  first (1st) action the recipient has taken to obtain restoration of lost
				  benefits, then benefits must be restored for a period of not more than twelve
				  (12) months from the date the court action was initiated.
b. When the judicial action is a review of
				  the agency action, the benefits must be restored for a period of not more than
				  twelve (12) months from the first (1st) of the following dates:
(1) The date the agency receives a request
				  for restoration;
(2) If no request
				  for restoration is received, the date the fair hearing action was initiated;
				  and
(3) Never more than one (1)
				  year from when the agency is notified of, or discovers, the loss.
7. Benefits must be
				  restored even if a household is currently ineligible.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.19 - SNAP Assistance in Disasters (D-SNAP)

Current through June 14, 2024
A. The
				  Robert T. Stafford Disaster Relief and Emergency Assistance Act (Pub. Law
				  100-707), and the Food and Nutrition Act of 2008 (as amended through
				  Pub. Law
				  116-94), provides the authority to establish
				  temporary emergency standards of eligibility for households who are survivors
				  of a disaster that disrupts commercial channels of food distribution after
				  those channels have been restored.
1. During
				  a Presidential or an FNS declared disaster where a quick response is needed to
				  meet sudden heavy demand at the SNAP offices and the on-going program cannot
				  meet the food needs of afflicted households, the approach to be used is
				  emergency SNAP issuance.
2. The
				  Department of Human Services will seek approval for authorization to implement
				  Disaster SNAP (D-SNAP) procedures if, after consultation with officials in the
				  disaster area, it is determined that it is necessary.
3. Households affected by the disaster are
				  certified by the procedures outlined in this Section.
4. FNS will specify the period of
				  authorization which cannot be more than one (1) month.
a. If necessary, the State may apply for
				  extension of the one (1) month period.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.20 - SNAP Assistance During a Declared Pandemic (P-SNAP)

Current through June 14, 2024
A. In the event where a national pandemic is
				  declared and the agency receives approval from FNS to deliver pandemic SNAP
				  (P-SNAP) benefits to certified eligible households, the agency may utilize the
				  following program flexibilities authorized by FNS including, but not limited
				  to:
1. Substitute telephone interviews for
				  face to face interviews;
2.
				  Postpone expedited service interviews;
3. Suspend the interview at certification and
				  recertification;
4. Temporarily
				  increase the allowable monthly SNAP allotments for household size;
5. Provide additional temporary nutrition
				  assistance through Pandemic Electronic Benefit Transfer (P-EBT) to families who
				  meet the eligibility requirements as specified by FNS;
6. Provide good cause for Able-Bodied Adults
				  without Dependents (ABAWDs) who do not meet the work requirements or employment
				  and training (E&T) requirements to continue receiving SNAP
				  benefits;
7. Temporarily or
				  partially suspend the time limit for Able-Bodied Adults without Dependents
				  (ABAWD) participation in the Supplemental Nutrition Assistance Program unless
				  the person fails to comply with work or a work program offered by the
				  State;
8. Adjust and extend the
				  expiration of certification periods;
9. Adjust the interim reporting requirement
				  for households;
10. Temporarily
				  suspend all collection of active recoupments of SNAP overpayments;
11. Suspend the requirement for QC to
				  complete a face-to-face interview;
12. Extend the fair hearing process up to one
				  hundred twenty (120) days from receipt of the request for fair hearings that
				  were already in process or for which requests are received during an approved
				  timeframe;
13. Suspend fair hearing
				  face to face interviews and conduct hearings by an alternate means, such as
				  telephone or video conference; and
14. Extend the timeframe for sending notices
				  confirming oral withdrawal requests up to thirty (30) days from receipt of the
				  request for such requests received during the approved time period.
15. Temporarily expand student eligibility to
				  allow for students who do not meet the work requirement criteria to be eligible
				  for SNAP if:
a. They are eligible for, though
				  not required to participate in, a State or Federally financed work-study during
				  the regular school year; or
b. They
				  are enrolled at least half-time in an institution of higher education and have
				  an expected family contribution (EFC) of zero dollars ($0.00) in the current
				  academic year as determined in accordance with Part F of Title IV of the Higher
				  Education Act of 1965.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.21 - Replacement of Food Caused by Disaster or Household Misfortune

Current through June 14, 2024
A. In cases in which food purchased with SNAP
				  benefits is destroyed in a disaster or household misfortune affecting a
				  participating household, that household may be eligible for replacement of the
				  actual value of loss, not to exceed one (1) month's SNAP allotment, if the loss
				  is reported within ten (10) days and the household's disaster is verified.
1. This provision applies in cases of an
				  individual household disaster or misfortune, as well as in natural disasters
				  affecting more than one (1) household.
2. Examples of household misfortune include:
a. Extended power outage of four (4) hours or
				  more
b. A flood
c. An equipment failure
				  (refrigerator/freezer)
d. Loss of
				  electricity due to failure to pay a utility bill
3. The household must provide verification of
				  the food loss.
a. Prior to issuing a
				  replacement, the agency shall obtain a signed statement from a member of the
				  household attesting to the household's loss.
b. If the statement is not received by the
				  agency within ten (10) days of the date of report, no replacement shall be
				  made.
(1) If the tenth (10th) day falls on a
				  weekend or holiday, and the statement is received the day after the weekend or
				  holiday, the agency shall consider the statement timely received.
(2) It shall attest to the destruction of
				  food purchased with the original issuance and the reason for the
				  replacement.
c. This
				  shall be verified through a collateral contact, documentation from a community
				  agency including, but not limited to, the fire department or the Red Cross, a
				  note from a landlord or the power company attesting to an outage or other
				  event.
4. A household may
				  not make more than one (1) request for replacement benefits for the same
				  incident of loss.
a. However, there is no
				  limit to the amount of replacement requests a household can make for separate
				  incidents of household misfortune or disaster.
5. In cases where FNS has issued a disaster
				  declaration and the household is otherwise eligible for emergency SNAP benefits
				  in accordance with §
											1.19   of this Part, the
				  household must not receive both the disaster allotment and a replacement
				  allotment.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.22 - Fair Hearings

Current through June 14, 2024
A. A hearing is
				  provided to any household aggrieved by any action of the agency which affects
				  the participation of the household in the SNAP.
1. At the time of application, each household
				  is informed in writing of its right to a hearing, of the method by which a
				  hearing may be requested, and that its case may be presented by a household
				  member or a representative, such as a legal counsel, a relative, a friend or
				  other spokesperson.
a. At any time the
				  household expresses a verbal or written objection to an agency action or
				  decision, it is reminded of the right to request a hearing.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 1 - Supplemental Nutrition Assistance Program › Section 218-RICR-20-00-1.23 - Elderly Simplified Application Project (ESAP)

Current through June 14, 2024
1.23.1
Authority
A. Under §
											17(b)   of
				  the Food and Nutrition Act of 2008 (as amended through
				  Pub. Law
				  117-103), the agency received Federal approval to
				  implement an Elderly Simplified Application Project (ESAP) demonstration
				  project, streamlining the SNAP application, recertification and verification
				  processes for eligible elderly and/or disabled individuals with no earned
				  income. The ESAP demonstration project has been approved to operate beginning
				  January 2023.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.1 - Purpose and Administration

Current through June 14, 2024
2.1.1
Legal
				  Provisions
A. The Rhode Island Works
				  Program (R.I. Gen. Laws Chapter
				  40-5.2-1
et seq
.)
				  establishes the legal basis for a welfare to work program to assist needy
				  families to prepare for, accept and retain employment with necessary supports,
				  as quickly as possible, and is the law through which the Federal assistance
				  program, Temporary Assistance for Needy Families, is available to families in
				  Rhode Island who meet program eligibility criteria. The Department of Human
				  Services is charged with the responsibility of setting forth the eligibility
				  requirements established in law. All provisions of R.I. Gen. Laws Chapter
				  40-5.2 shall be effective and
				  apply to all applicants and recipients on or after July 1, 2008, except those
				  described in Time Limit (see §
											2.6   of this Part).
B. Cash assistance issued under the program
				  is not transferable or assignable at law or in equity, and no benefits paid or
				  payable shall be subject to execution levy, attachment, garnishment or other
				  legal process, or to the operation of any bankruptcy or insolvency
				  law.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.4 - The Assistance Unit

Current through June 14, 2024
2.4.1
Persons
				  Included in the Assistance Unit
A. The
				  assistance unit consists of the group of persons living together in a single
				  household who are included in the application for assistance and in the
				  assistance payment if eligibility is established.
B. An application on behalf of a dependent
				  child must include as applicants, certain relatives living in the same
				  household as the dependent child. If otherwise eligible, the individuals
				  specified below must be included in the assistance filing unit.
1. "Otherwise eligible" means that an
				  individual meets the non-financial requirements for cash assistance such as
				  age, residence, citizenship, enumeration, etc., and is not ineligible, for
				  example, due to receipt of SSI or the imposition of a sanction. When applied to
				  the assistance unit, "otherwise eligible" indicates that the unit is eligible
				  by virtue of meeting all requirements for cash assistance.
2. Parents. Any biological or adoptive parent
				  living in the same household as the dependent child must be included in the
				  assistance unit. In two-parent cases, both parents must be included in the unit
				  if otherwise eligible. If the biological or adoptive parent is married, her/his
				  spouse must also be included in the assistance unit.
3. Siblings
a. Blood-related or adoptive brothers and
				  sisters living in the same household as the dependent child must also be
				  included in the assistance unit if they meet the age and deprivation
				  requirements. Brothers or sisters of half-blood must also be
				  included.
b. The children of a
				  stepparent must also be included in the unit.
4. Minor Parents. A minor parent may be in
				  the assistance unit which may also include all natural, step, or adoptive
				  parents of the minor parent and all minor blood-related, step or adoptive
				  brothers and sisters.
5. Custody.
				  If the parents are not residing together, a child shall be considered residing
				  with the parent who has legal custody and physical possession of the child the
				  majority of the time, as outlined in a court order. If legally established that
				  the child resides with the parents in their separate households, equal time,
				  the parent who applies for cash assistance for that child, first in time, shall
				  be the eligible parent.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.5 - Non-Financial Requirements

Current through June 14, 2024
2.5.1
Non-Financial Eligibility Factors
A. In addition to meeting eligibility factors
				  pertaining to need, a RI Works Program applicant/recipient must satisfy the
				  following non-financial eligibility factors:
1. Age;
2. Relationship;
3. Establishment or re-establishment of the
				  home;
4. Citizenship or qualified
				  non-citizen status;
5.
				  Residency;
6. Special
				  circumstances;
7. Enumeration;
				  and
8. Time limit.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.6 - Time Limit

Current through June 14, 2024
A. Effective
				  January 1, 2020, 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. When a parent or
				  caretaker relative reaches his/her 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.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.7 - Cooperation with the Office of Child Support

Current through June 14, 2024
2.7.1
Assignment of Support Rights
A.
				  An applicant for or recipient of cash assistance for and on behalf of herself
				  or himself and for and on behalf of a child(ren) or children, shall be deemed,
				  without the necessity of signing any document other than the Application for
				  Assistance, to have made an assignment to the Department of Human Services
				  pursuant to R.I. Gen. Laws §
											40-6-9 against any parent failing
				  to or obligated to provide for the support and maintenance of any minor
				  child(ren) for the period of time that assistance is being paid by the
				  Department.
B. Additionally, the
				  Department of Human Services, Office of Child Support Services (DHS-OCSS), is
				  authorized to perform the act of instituting suit to establish paternity and/or
				  to collect support for said child(ren) who receives or received assistance from
				  DHS. However, the OCSS will not pursue a support order against a non-custodial
				  parent where a custodial parent or her/his child would be put at risk of
				  physical or emotional harm.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.8 - Communication between RIW and OCCS Staff

Current through June 14, 2024
A. The RIW and the
				  Child Support Services staff will notify each other of information pertaining
				  to the custodial parent, the non-custodial parent, and the child support/RI
				  Works case. Contact will occur between the agents when:
1. The custodial parent fails to cooperate
				  with the Office of Child Support Services;
2. The custodial parent claims good
				  cause;
3. The custodial parent is
				  found to be living at an address that is different from the address at which
				  s/he receives assistance;
4.
				  Paternity is established;
5.
				  Employment changes; and/or
6. The
				  non-custodial parent is found to be living with the
				  applicant/recipient.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.9 - Third-Party Liability

Current through June 14, 2024
A. A third (3rd)
				  party is a collateral source which may be liable for an accident, injury, or
				  illness of applicants/recipients. When an applicant needs and accepts a cash
				  payment during the period in which a claim for payment from a collateral source
				  is pending, the applicant is advised that repayment for funds financed by the
				  State to the applicant is required by R.I. Gen. Laws §
										40-6-9, as amended, if the
				  applicant is subsequently found eligible for monies from the collateral
				  source.
B. When the applicant signs
				  the application for assistance, s/he assigns all rights to the Department of
				  Human Services (DHS) for and on behalf of her or himself and any person for
				  whom the individual may legally act for amounts recoverable from a third (3rd)
				  party equal to the amount of financial assistance and medical assistance
				  provided as a result of the accident, illness, or injury.
2.9.1
Third-Party Payments
A. Potentially liable third (3rd) parties
				  include but are not limited to insurance companies liable for Worker's
				  Compensation and/or other types of insurance. RSDI benefits are not subject to
				  reimbursement. Generally, these payments are retroactive payments and cover a
				  period of time cash assistance had to be paid because the income from the
				  collateral source was not available.
B. Funds subject to such assignment are all
				  cash assistance payments provided to such applicant and any family members
				  included in the applicant's cash assistance payment and all Title XIX payments
				  which are related to the accident, injury, or illness for which the third (3rd)
				  party may be liable.
C. All
				  pertinent information concerning a potential third-party resource is contained
				  in the application and will be referred by the third-party liability unit or
				  its equivalent.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.15 - Income

Current through June 14, 2024
2.15.1
Definition of Income
A. In determining need, it is necessary to
				  know the amount and value of both actual and potential income. The income of a
				  family includes all of the money, goods, or services received or actually
				  available to any member of the family. Income is considered available both when
				  actually available or when the applicant/recipient has a legal interest in a
				  liquidated sum and has the legal ability to make such sum available for support
				  and maintenance. It must be under the control of the individual during the
				  period for which need is being determined or can be available, if action is
				  taken by the individual to obtain it.
B. All income is taken into consideration in
				  determining eligibility and need.
C. However, there are some types of income
				  which are excluded and others that have modifications of the amount which is
				  applied to the assistance plan.
D.
				  Child's Income
1. A child's income includes
				  the income of an ineligible parent(s) and stepparent with whom s/he is living.
				  The applicant's/recipient's income includes that of her/his ineligible spouse
				  in the home. A sponsored non-citizen's income includes the income deemed from
				  the sponsor (and sponsor's spouse).
2. However, in a joint cash assistance/SSI
				  household, the income of the SSI child or parent is not counted since it is
				  already counted for SSI.
E. Documentation
1. The information the client supplies on the
				  Application for Assistance and/or the Interim Report about income must be
				  verified. Sources of verification include business records, wage stubs, income
				  tax returns, award letters, other documents, as well as reports from Social
				  Security, the Veterans' Administration, and other agencies. In some instances,
				  when the individual is unable to obtain the information, the DHS representative
				  may help to obtain the verification requested. The DHS representative may
				  assist the individual in applying for other potential sources of income. The
				  individual is advised that s/he must inform the agency of the
				  results.
2. The agency uses
				  computer matching by social security number on a regular basis with other
				  public agency files (such as State employee payrolls, ESB and TDI records,
				  State income tax files), and information obtained from the Social Security
				  Administration and the Internal Revenue Service through the Income and
				  Eligibility Verification System (IEVS) to document recipient
				  information.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.16 - Support of Dependent Children

Current through June 14, 2024
A. DHS requires
				  spouses to contribute to the support of each other and also requires that
				  parents, either singly or jointly, support their children under eighteen (18)
				  years of age (or nineteen (19), if eligible for cash assistance). The parent(s)
				  and stepparent of a dependent child for whom assistance is sought or received
				  must be included in the assistance unit if they live in the same household as
				  the child. The parent(s) and stepparent of a minor unwed parent in need of
				  assistance and living in the same household in most cases need not be included
				  in the assistance unit.
B. However,
				  the income of a parent(s) and stepparent of a minor unwed parent living in the
				  household is subject to the deeming provisions specified in §2.16.2 of this Part.
2.16.1
Support of Unwed
				  Minor Parent
A. By Federal court order,
				  unwed parents under eighteen (18) years of age are eligible to apply for
				  assistance and to receive cash assistance, if otherwise eligible. Therefore,
				  age by itself is not a barrier to eligibility for cash assistance from the RI
				  Works Program. For additional eligibility requirements for minor parents and
				  pregnant minors, see §
											2.12   of this Part.
B. In the determination of eligibility of an
				  assistance unit headed by an unwed minor parent or pregnant minor, it is
				  necessary to deem to said minor parent and to her/his dependent child(ren) the
				  available income of her/his parent(s) and/or stepparent living in the same
				  household. If income is deemed from a parent and/or stepparent to an assistance
				  unit headed by a minor, the deeming procedure specified in §2.16.2 of this Part is
				  followed. Thus, an amount, based upon assistance payment standards, is
				  disregarded to meet the parent's own needs.
C. Eligibility is denied the assistance unit
				  if the parent(s) living in the home fail(s) to provide sufficient information
				  to establish eligibility for cash assistance.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.17 - Income of Non-Citizen with Liable Sponsors

Current through June 14, 2024
A. When
				  determining financial eligibility for cash assistance, it is necessary to
				  consider the resources and income of a sponsor of a legally admitted
				  non-citizen. Those resources and income of a sponsor which are deemed (taken
				  for granted as available) as the resources and unearned income of a non-citizen
				  are used in making the determination of eligibility for and amount of cash
				  assistance.
B. Those non-citizens
				  who meet the date of entry criteria and are not exempt as outlined in §2.17.1 of this Part must
				  cooperate in obtaining and documenting their sponsor's income and resources in
				  order to determine their sponsor's liability. If such information and
				  documentation are not provided, the agency representative is unable to
				  determine eligibility for cash assistance.
C. The applicability of sponsorship deeming
				  affects all applications for assistance made by the legal non-citizen.
2.17.1
Non-Citizens Exempted
				  from Sponsor Liability
A. The policy of
				  sponsorship liability does not apply to non-citizens who are exempted because
				  they are:
1. Dependent children of the sponsor
				  or of the sponsor's spouse;
2.
				  Admitted as a conditional entrant refugee to the United States as a result of
				  the application, prior to 4/1/80, of the provisions of Comprehensive
				  Environmental Response, Compensation, and Liability Act,
				   42 U.S.C. §
													9601;
3. Admitted as refugees to the United States
				  as a result of the application, after 3/31/81, of the provisions of
				   8 U.S.C. §
													1157;
4. Paroled into the United States as a
				  refugee under  8 U.S.C. §
													1182;
5. Granted political asylum by the Attorney
				  General under  8 U.S.C. §
													1158;
6. Cuban or Haitian entrants, as defined in
				  Refugee Education Assistance Act of 1980,
				  Pub. Law
				  100-200;
7. Amerasians admitted to the United States
				  under the provisions of the Amerasian Homecoming Act,
				  Pub. Law
				  100-200.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.18 - Standards of Assistance

Current through June 14, 2024
Effective July 1, 2021, (see R.I. Gen. Laws §
										40-5.2-10, as amended by Article
					 13), the RI Works Standards of Assistance has increased. The monthly amount of
					 cash assistance can be found in §2.18.1 of this
					 Part.
2.18.1
RI Works Standards
				  of Assistance
A. To utilize the table
				  below, select the appropriate amount from the cash assistance monthly standard
				  column according to the number of eligible persons in the assistance
				  plan.
B. Payment to eligible
				  families is made semi-monthly. The conversion of monthly dollar amounts to
				  semi-monthly payment amounts is done automatically by the eligibility system.
Plan Size
Cash Assistance Monthly Standard
Cash Assistance Semi-Monthly Amount
1
$425.00
$212.50
2
$584.00
$292.00
3
$721.00
$360.50
4
$825.00
$412.50
5
$929.00
$464.50
6
$1,033.00
$516.50
7
$1,137.00
$568.50
8
$1,241.00
$620.50
9
$1,345.00
$672.50
10
$1,449.00
$724.50
11
$1,553.00
$776.50
12
$1,657.00
$828.50
13
$1,761.00
$880.50
14
$1,865.00
$932.50
15
$1,969.00
$984.50
Add for each person over 15
$104.00
$52.00
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.20 - Budget Methodology

Current through June 14, 2024
2.20.1
Prospective Budgeting
A. In the
				  process of determining eligibility for and the amount of RI Works cash
				  assistance, prospective budgeting is used. Eligibility is established based on
				  the knowledge and reasonable expectation of what income and circumstances will
				  exist in the month for which a payment is authorized. The agency representative
				  must determine all factors of eligibility prospectively for all payment
				  months.
B. Two (2) separate actions
				  must always take place in determining eligibility:
1. A current determination of all factors of
				  eligibility is made.
2. If the case
				  is found eligible, the amount of the grant for the payment month is calculated
				  using the prospective method.
C. The prospective budgeting method is used
				  to determine the income which will exist during the period of eligibility for
				  cash assistance under the RI Works Program. This means that weekly income for
				  these cases is converted to a monthly amount using the 4.3333 weeks per month
				  conversion method.
D. The projected
				  estimate of income is valid for the following periods:
1. Between the initial determination of
				  eligibility and redetermination;
2.
				  Between redeterminations;
3.
				  Following a change in income or circumstances which is
a. Reported by the recipient or
b. Discovered by the
				  Department.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.21 - Changes to Household

Current through June 14, 2024
2.21.1
Reporting Changes
A. New
				  Household Member. A new household member joining a household may qualify for
				  assistance from the RI Works program. The date the agency is notified of the
				  addition of the family member constitutes the official application date for
				  that member.
B. An Application for
				  Assistance need not be completed for a new member being added to the unit, but
				  the electronic case record must be updated to reflect the request for
				  assistance for the member and the date it was made. The DHS worker adds or
				  revises the electronic case record with the new member's information and
				  approves any retroactive and current versions of eligibility.
C. Change in Financial Need. Financial need
				  is subject to change whenever there is a change in the family composition,
				  income, or resources. Other changes can affect eligibility, some of which the
				  agency may be aware in advance and others which are unexpected and the agency
				  can learn about only when the recipient or another source makes the information
				  known.
D. When it is known, or
				  presumed, that income, resources, family size, or other circumstances will
				  change at a specific time, the agency representative must review the situation
				  promptly and take appropriate action in a timely manner.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.22 - Interim Reporting

Current through June 14, 2024
A. All RIW
				  households are subject to Interim Reporting requirements.
B. Household composition and financial
				  circumstances at the time of application will be the basis of the RIW benefit
				  amount for the first (1st) half of the certification period unless the
				  household reports a change during the certification period before the Interim
				  Report period. The household composition and financial circumstances reported
				  on the Interim Report will be the basis of the RIW benefit amount for the
				  remainder of the certification period unless the household reports additional
				  changes following the filing of the Interim Report.
2.22.1
Household
				  Responsibilities
A. In the fifth (5th)
				  month of certification, households subject to Interim Reporting will receive an
				  Interim Report form in the mail. Households must complete the form in its
				  entirety and mail the form along with the required verifications back to the
				  agency by the fifth (5th) day of the sixth (6th) month of
				  certification.
B. Any responsible
				  household member or authorized representative may complete the Interim Report.
				  At the household's request, the agency can provide assistance to the household
				  in completing the report. A household that submits an Interim Report by the
				  fifth (5th) day of the sixth (6th) month of the certification period is
				  considered to have made timely report. Failure to return the Interim Report
				  form will result in closure of RIW benefits.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.23 - Redeterminations

Current through June 14, 2024
2.23.1
Purpose
In addition to
				  the change reporting requirements outlined in §2.21.2 of this Part for
				  all recipients, a redetermination of eligibility is completed whenever a
				  significant change is expected to occur that may affect a family's eligibility
				  and at least once every twelve (12) months to ensure that eligibility for
				  assistance continues and that the payment is correct.
2.23.2
Process
A. The eligibility system stores the next
				  redetermination date for each active case. One (1) month before the month in
				  which the case is due to be reviewed. a redetermination report is distributed
				  to the field.
B. The agency sends
				  out the Redetermination packet which consists of the following:
1. Redetermination Appointment
				  Letter,
2. Application for
				  Assistance, and
3. Other
				  informational material, as appropriate.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.24 - Error Cases

Current through June 14, 2024
2.24.1
Types
				  of Error Cases
A. Agency Error. An
				  agency error is any overpayment caused by the agency's action or failure to
				  take action. Overpayments caused by agency error are considered non-fraud.
				  Instances of agency error which may result in a claim include, but are not
				  limited to, the following:
1. The agency
				  failed to take prompt action on a change reported by the household;
2. The agency incorrectly computed the
				  household's income or deductions, or otherwise assigned an incorrect allotment
				  resulting in an incorrect benefit; or
3. The agency continued to provide a
				  household benefits after its certification period had expired without benefit
				  of a reapplication determination.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.25 - Overpayments to Non-Citizens

Current through June 14, 2024
2.25.1
Sponsor Responsibility
A. Any
				  individual who sponsors a non-citizen and the non-citizen who was an adult at
				  the time of the overpayment are jointly and severally liable for any net
				  overpayment of aid made to the non-citizen after the individual's entry into
				  the United States, if the overpayment resulted from the sponsor's failure to
				  provide correct information during the determination of non-citizen sponsorship
				  liability.
B. A sponsor is a person
				  who signs an affidavit or other statement accepted by the U.S. Department of
				  Homeland Security, U.S. Citizenship and Immigration Services as an agreement to
				  support an individual as a condition of that individual's admission for
				  permanent residence in the United States.
C. The agency representative refers the case
				  to the CCRU to initiate recovery against the sponsor when it is determined that
				  the sponsor is responsible for the overpayment.