Rhode Island 2023 Regular Session

Rhode Island House Bill H5644 Compare Versions

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55 2023 -- H 5644
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77 LC000838
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO HUMAN SE RVICES -- THE RHODE ISLAND WORKS PROGRAM
1616 Introduced By: Representatives Handy, Giraldo, Stewart, Boylan, Cruz, Potter, Slater,
1717 Diaz, Morales, and Kazarian
1818 Date Introduced: February 15, 2023
1919 Referred To: House Finance
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Sections 40-5.2-8, 40-5.2-10, 40-5.2-11 and 40-5.2-12 of the General Laws 1
2424 in Chapter 40-5.2 entitled "The Rhode Island Works Program" are hereby amended to read as 2
2525 follows: 3
2626 40-5.2-8. Definitions. 4
2727 As used in this chapter, the following terms having the meanings set forth herein, unless 5
2828 the context in which such terms are used clearly indicates to the contrary: 6
2929 (1) “Applicant” means a person who has filed a written application for assistance for herself 7
3030 or himself and her or his dependent child(ren). An applicant may be a parent or non-parent caretaker 8
3131 relative. 9
3232 (2) “Assistance” means cash and any other benefits provided pursuant to this chapter. 10
3333 (3) “Assistance unit” means the assistance-filing unit consisting of the group of persons, 11
3434 including the dependent child(ren), living together in a single household who must be included in 12
3535 the application for assistance and in the assistance payment if eligibility is established. An 13
3636 assistance unit may be the same as a family. 14
3737 (4) “Benefits” shall mean assistance received pursuant to this chapter. 15
3838 (5) “Community service programs” means structured programs and activities in which cash 16
3939 assistance recipients perform work for the direct benefit of the community under the auspices of 17
4040 public or nonprofit organizations. Community service programs are designed to improve the 18
4141 employability of recipients not otherwise able to obtain paid employment. 19
4242
4343
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4545 (6) “Department” means the department of human services. 1
4646 (7) “Dependent child” means an individual, other than an individual with respect to whom 2
4747 foster care maintenance payments are made, who is: (i) Under the age of eighteen (18); or (ii) Under 3
4848 the age of nineteen (19) and a full-time student in a secondary school (or in the equivalent level of 4
4949 vocational or educational training). 5
5050 (8) “Director” means the director of the department of human services. 6
5151 (9) “Earned income” means income in cash or the equivalent received by a person through 7
5252 the receipt of wages, salary, commissions, or profit from activities in which the person is self-8
5353 employed or as an employee and before any deductions for taxes. 9
5454 (10) “Earned income tax credit” means the credit against federal personal income tax 10
5555 liability under § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32, or any successor section, 11
5656 the advanced payment of the earned income tax credit to an employee under § 3507 of the code, 26 12
5757 U.S.C. § 3507 [repealed], or any successor section and any refund received as a result of the earned 13
5858 income tax credit, as well as any refundable state earned income tax credit. 14
5959 (11) “Education directly related to employment” means education, in the case of a 15
6060 participant who has not received a high school diploma or a certificate of high school equivalency, 16
6161 related to a specific occupation, job, or job offer. 17
6262 (12) “Family” means: (i) A pregnant woman person from and including the seventh month 18
6363 onset of her pregnancy; or (ii) A child and the following eligible persons living in the same 19
6464 household as the child: (iii) Each biological, adoptive or stepparent of the child, or in the absence 20
6565 of a parent, any adult relative who is responsible, in fact, for the care of such child; and (iv) The 21
6666 child’s minor siblings (whether of the whole or half blood); provided, however, that the term 22
6767 “family” shall not include any person receiving benefits under Title XVI of the Social Security Act, 23
6868 42 U.S.C. § 1381 et seq. A family may be the same as the assistance unit. 24
6969 (13) “Gross earnings” means earnings from employment and self-employment further 25
7070 described in the department of human services rules and regulations. 26
7171 (14) “Individual employment plan” means a written, individualized plan for employment 27
7272 developed jointly by the applicant and the department of human services that specifies the steps the 28
7373 participant shall take toward long-term economic independence developed in accordance with § 29
7474 40-5.2-10(e). A participant must comply with the terms of the individual employment plan as a 30
7575 condition of eligibility in accordance with § 40-5.2-10(e). 31
7676 (15) “Job search and job readiness” means the mandatory act of seeking or obtaining 32
7777 employment by the participant, or the preparation to seek or obtain employment. 33
7878 In accord with federal requirements, job search activities must be supervised by the 34
7979
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8282 department of labor and training and must be reported to the department of human services in 1
8383 accordance with TANF work verification requirements. 2
8484 Except in the context of rehabilitation employment plans, and special services provided by 3
8585 the department of children, youth and families, job-search and job-readiness activities are limited 4
8686 to four (4) consecutive weeks, or for a total of six (6) weeks in a twelve-month (12) period, with 5
8787 limited exceptions as defined by the department. The department of human services, in consultation 6
8888 with the department of labor and training, shall extend job-search, and job-readiness assistance for 7
8989 up to twelve (12) weeks in a fiscal year if a state has an unemployment rate at least fifty percent 8
9090 (50%) greater than the United States unemployment rate if the state meets the definition of a “needy 9
9191 state” under the contingency fund provisions of federal law. 10
9292 Preparation to seek employment, or job readiness, may include, but may not be limited to: 11
9393 the participant obtaining life-skills training; homelessness services; domestic violence services; 12
9494 special services for families provided by the department of children, youth and families; substance 13
9595 abuse treatment; mental health treatment; or rehabilitation activities as appropriate for those who 14
9696 are otherwise employable. The services, treatment, or therapy must be determined to be necessary 15
9797 and certified by a qualified medical or mental health professional. Intensive work-readiness 16
9898 services may include: work-based literacy; numeracy; hands-on training; work experience; and case 17
9999 management services. Nothing in this section shall be interpreted to mean that the department of 18
100100 labor and training shall be the sole provider of job-readiness activities described herein. 19
101101 (16) “Job skills training directly related to employment” means training or education for 20
102102 job skills required by an employer to provide an individual with the ability to obtain employment 21
103103 or to advance or adapt to the changing demands of the workplace. Job skills training directly related 22
104104 to employment must be supervised on an ongoing basis. 23
105105 (17) “Minor parent” means a parent under the age of eighteen (18). A minor parent may be 24
106106 an applicant or recipient with his or her dependent child(ren) in his or her own case or a member 25
107107 of an assistance unit with his or her dependent child(ren) in a case established by the minor parent’s 26
108108 parent. 27
109109 (18) “Net income” means the total gross income of the assistance unit less allowable 28
110110 disregards and deductions as described in § 40-5.2-10(g). 29
111111 (19) “On-the-job training” means training in the public or private sector that is given to a 30
112112 paid employee while he or she is engaged in productive work and that provides knowledge and 31
113113 skills essential to the full and adequate performance of the job. On-the-job training must be 32
114114 supervised by an employer, work-site sponsor, or other designee of the department of human 33
115115 services on an ongoing basis. 34
116116
117117
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119119 (20) “Participant” means a person who has been found eligible for assistance in accordance 1
120120 with this chapter and who must comply with all requirements of this chapter, and has entered into 2
121121 an individual employment plan. A participant may be a parent or non-parent caretaker relative 3
122122 included in the cash assistance payment. 4
123123 (21) “Recipient” means a person who has been found eligible and receives cash assistance 5
124124 in accordance with this chapter. 6
125125 (22) “Relative” means a parent, stepparent, grandparent, great grandparent, great-great 7
126126 grandparent, aunt, great-aunt, great-great aunt, uncle, great-uncle, great-great uncle, sister, brother, 8
127127 stepbrother, stepsister, half-brother, half-sister, first cousin, first cousin once removed, niece, great-9
128128 niece, great-great niece, nephew, great-nephew, or great-great nephew. 10
129129 (23) “Resident” means a person who maintains residence by his or her continuous physical 11
130130 presence in the state. 12
131131 (24) “Self-employment income” means the total profit from a business enterprise, farming, 13
132132 etc., resulting from a comparison of the gross receipts with the business expenses, i.e., expenses 14
133133 directly related to producing the goods or services and without which the goods or services could 15
134134 not be produced. However, items such as depreciation, personal business and entertainment 16
135135 expenses, and personal transportation are not considered business expenses for the purposes of 17
136136 determining eligibility for cash assistance in accordance with this chapter. 18
137137 (25) “State” means the state of Rhode Island. 19
138138 (26) “Subsidized employment” means employment in the private or public sectors for 20
139139 which the employer receives a subsidy from TANF or other public funds to offset some or all of 21
140140 the wages and costs of employing a recipient. It includes work in which all or a portion of the wages 22
141141 paid to the recipient are provided to the employer either as a reimbursement for the extra costs of 23
142142 training or as an incentive to hire the recipient, including, but not limited to, grant diversion. 24
143143 (27) “Subsidized housing” means housing for a family whose rent is restricted to a 25
144144 percentage of its income. 26
145145 (28) “Unsubsidized employment” means full- or part-time employment in the public or 27
146146 private sector that is not subsidized by TANF or any other public program. 28
147147 (29) “Vocational educational training” means organized educational programs, not to 29
148148 exceed twelve (12) months with respect to any participant, that are directly related to the preparation 30
149149 of participants for employment in current or emerging occupations. Vocational educational training 31
150150 must be supervised. 32
151151 (30) “Work activities” mean the specific work requirements that must be defined in the 33
152152 individual employment plan and must be complied with by the participant as a condition of 34
153153
154154
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156156 eligibility for the receipt of cash assistance for single and two-family (2) households outlined in § 1
157157 40-5.2-12. 2
158158 (31) “Work experience” means a work activity that provides a participant with an 3
159159 opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain 4
160160 employment. The purpose of work experience is to improve the employability of those who cannot 5
161161 find unsubsidized employment. An employer, work site sponsor, and/or other appropriate designee 6
162162 of the department must supervise this activity. 7
163163 (32) “Work supplementation,” also known as “grant diversion,” means the use of all or a 8
164164 portion of a participant’s cash assistance grant and food stamp grant as a wage supplement to an 9
165165 employer. The supplement shall be limited to a maximum period of twelve (12) months. An 10
166166 employer must agree to continue the employment of the participant as part of the regular work 11
167167 force, beyond the supplement period, if the participant demonstrates satisfactory performance. 12
168168 40-5.2-10. Necessary requirements and conditions. 13
169169 The following requirements and conditions shall be necessary to establish eligibility for 14
170170 the program. 15
171171 (a) Citizenship, alienage, and residency requirements. 16
172172 (1) A person shall be a resident of the State of Rhode Island. 17
173173 (2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the 18
174174 alienage requirements established in § 402(b) of the Personal Responsibility and Work Opportunity 19
175175 Reconciliation Act of 1996, PRWORA, Pub. L. No. 104-193 and as that section may hereafter be 20
176176 amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does not meet the 21
177177 alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in 22
178178 accordance with this chapter. Provided, however, a person who has been admitted for lawful 23
179179 permanent residence shall not be subject to a waiting period for benefits for which they are 24
180180 otherwise eligible under this chapter. 25
181181 (b) The family/assistance unit must meet any other requirements established by the 26
182182 department of human services by rules and regulations adopted pursuant to the Administrative 27
183183 Procedures Act, as necessary to promote the purpose and goals of this chapter. 28
184184 (c) Receipt of cash assistance is conditional upon compliance with all program 29
185185 requirements. 30
186186 (d) All individuals domiciled in this state shall be exempt from the application of 31
187187 subdivision 115(d)(1)(A) of Pub. L. No. 104-193, the Personal Responsibility and Work 32
188188 Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any 33
189189 individual ineligible for certain state and federal assistance if that individual has been convicted 34
190190
191191
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193193 under federal or state law of any offense that is classified as a felony by the law of the jurisdiction 1
194194 and that has as an element the possession, use, or distribution of a controlled substance as defined 2
195195 in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)). 3
196196 (e) Individual employment plan as a condition of eligibility. 4
197197 (1) Following receipt of an application, the department of human services shall assess the 5
198198 financial conditions of the family, including the non-parent caretaker relative who is applying for 6
199199 cash assistance for himself or herself as well as for the minor child(ren), in the context of an 7
200200 eligibility determination. If a parent or non-parent caretaker relative is unemployed or under-8
201201 employed, the department shall conduct an initial assessment, taking into account: 9
202202 (A) The physical capacity, skills, education, work experience, health, safety, family 10
203203 responsibilities, and place of residence of the individual; and 11
204204 (B) The child care and supportive services required by the applicant to avail himself or 12
205205 herself of employment opportunities and/or work readiness programs. 13
206206 (2) On the basis of this assessment, the department of human services and the department 14
207207 of labor and training, as appropriate, in consultation with the applicant, shall develop an individual 15
208208 employment plan for the family that requires the individual to participate in the intensive 16
209209 employment services. Intensive employment services shall be defined as the work requirement 17
210210 activities in § 40-5.2-12(g) and (i). 18
211211 (3) The director, or his or her designee, may assign a case manager to an 19
212212 applicant/participant, as appropriate. 20
213213 (4) The department of labor and training and the department of human services in 21
214214 conjunction with the participant shall develop a revised individual employment plan that shall 22
215215 identify employment objectives, taking into consideration factors above, and shall include a 23
216216 strategy for immediate employment and for preparing for, finding, and retaining employment 24
217217 consistent, to the extent practicable, with the individual’s career objectives. 25
218218 (5) The individual employment plan must include the provision for the participant to 26
219219 engage in work requirements as outlined in § 40-5.2-12. 27
220220 (6)(i) The participant shall attend and participate immediately in intensive assessment and 28
221221 employment services as the first step in the individual employment plan, unless temporarily exempt 29
222222 from this requirement in accordance with this chapter. Intensive assessment and employment 30
223223 services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i). 31
224224 (ii) Parents under age twenty (20) without a high school diploma or general equivalency 32
225225 diploma (GED) shall be referred to special teen-parent programs that will provide intensive services 33
226226 designed to assist teen parents to complete high school education or GED, and to continue approved 34
227227
228228
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230230 work plan activities in accord with Rhode Island works program requirements. 1
231231 (7) The applicant shall become a participant in accordance with this chapter at the time the 2
232232 individual employment plan is signed and entered into. 3
233233 (8) Applicants and participants of the Rhode Island works program shall agree to comply 4
234234 with the terms of the individual employment plan, and shall cooperate fully with the steps 5
235235 established in the individual employment plan, including the work requirements. 6
236236 (9) The department of human services has the authority under the chapter to require 7
237237 attendance by the applicant/participant, either at the department of human services or at the 8
238238 department of labor and training, at appointments deemed necessary for the purpose of having the 9
239239 applicant enter into and become eligible for assistance through the Rhode Island works program. 10
240240 The appointments include, but are not limited to: the initial interview, orientation and assessment; 11
241241 job readiness; and job search. Attendance is required as a condition of eligibility for cash assistance 12
242242 in accordance with rules and regulations established by the department. 13
243243 (10) As a condition of eligibility for assistance pursuant to this chapter, the 14
244244 applicant/participant shall be obligated to keep appointments; attend orientation meetings at the 15
245245 department of human services and/or the Rhode Island department of labor and training; participate 16
246246 in any initial assessments or appraisals; and comply with all the terms of the individual employment 17
247247 plan in accordance with department of human services rules and regulations. 18
248248 (11) A participant, including a parent or non-parent caretaker relative included in the cash 19
249249 assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as 20
250250 defined in this chapter or the department’s rules and regulations. 21
251251 (12) A participant who voluntarily quits or refuses a job without good cause, as defined in 22
252252 § 40-5.2-12(), while receiving cash assistance in accordance with this chapter, shall be sanctioned 23
253253 in accordance with rules and regulations promulgated by the department. 24
254254 (f) Resources. 25
255255 (1) The family or assistance unit’s countable resources shall be less than the allowable 26
256256 resource limit established by the department in accordance with this chapter. 27
257257 (2) No family or assistance unit shall be eligible for assistance payments if the combined 28
258258 value of its available resources (reduced by any obligations or debts with respect to such resources) 29
259259 exceeds five thousand dollars ($5,000). 30
260260 (3) For purposes of this subsection, the following shall not be counted as resources of the 31
261261 family/assistance unit in the determination of eligibility for the works program: 32
262262 (i) The home owned and occupied by a child, parent, relative, or other individual; 33
263263 (ii) Real property owned by a husband and wife as tenants by the entirety, if the property 34
264264
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267267 is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in 1
268268 the property; 2
269269 (iii) Real property that the family is making a good faith effort to dispose of, however, any 3
270270 cash assistance payable to the family for any such period shall be conditioned upon such disposal 4
271271 of the real property within six (6) months of the date of application and any payments of assistance 5
272272 for that period shall (at the time of disposal) be considered overpayments to the extent that they 6
273273 would not have occurred at the beginning of the period for which the payments were made. All 7
274274 overpayments are debts subject to recovery in accordance with the provisions of the chapter; 8
275275 (iv) Income-producing property other than real estate including, but not limited to, 9
276276 equipment such as farm tools, carpenter’s tools, and vehicles used in the production of goods or 10
277277 services that the department determines are necessary for the family to earn a living; 11
278278 (v) One vehicle for each adult household member, but not to exceed two (2) vehicles per 12
279279 household, and in addition, a vehicle used primarily for income-producing purposes such as, but 13
280280 not limited to, a taxi, truck, or fishing boat; a vehicle used as a family’s home; a vehicle that 14
281281 annually produces income consistent with its fair market value, even if only used on a seasonal 15
282282 basis; a vehicle necessary to transport a family member with a disability where the vehicle is 16
283283 specially equipped to meet the specific needs of the person with a disability or if the vehicle is a 17
284284 special type of vehicle that makes it possible to transport the person with a disability; 18
285285 (vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of 19
286286 limited value; 20
287287 (vii) Burial plots (one for each child, relative, and other individual in the assistance unit) 21
288288 and funeral arrangements; 22
289289 (viii) For the month of receipt and the following month, any refund of federal income taxes 23
290290 made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating 24
291291 to earned income tax credit), and any payment made to the family by an employer under § 3507 of 25
292292 the Internal Revenue Code of 1986, 26 U.S.C. § 3507 [repealed] (relating to advance payment of 26
293293 such earned income credit); 27
294294 (ix) The resources of any family member receiving supplementary security income 28
295295 assistance under the Social Security Act, 42 U.S.C. § 301 et seq.; 29
296296 (x) Any veteran’s disability pension benefits received as a result of any disability sustained 30
297297 by the veteran while in the military service. 31
298298 (g) Income. 32
299299 (1) Except as otherwise provided for herein, in determining eligibility for and the amount 33
300300 of cash assistance to which a family is entitled under this chapter, the income of a family includes 34
301301
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304304 all of the money, goods, and services received or actually available to any member of the family. 1
305305 (2) In determining the eligibility for and the amount of cash assistance to which a 2
306306 family/assistance unit is entitled under this chapter, income in any month shall not include the first 3
307307 three hundred dollars ($300) of gross earnings plus fifty percent (50%) of the gross earnings of the 4
308308 family in excess of three hundred dollars ($300) earned during the month. 5
309309 (3) The income of a family shall not include: 6
310310 (i) The first fifty dollars ($50.00) in child support received in any month from each 7
311311 noncustodial parent of a child plus any arrearages in child support (to the extent of the first fifty 8
312312 dollars ($50.00) per month multiplied by the number of months in which the support has been in 9
313313 arrears) that are paid in any month by a noncustodial parent of a child; 10
314314 (ii) Earned income of any child; 11
315315 (iii) Income received by a family member who is receiving Supplemental Security Income 12
316316 (SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.; 13
317317 (iv) The value of assistance provided by state or federal government or private agencies to 14
318318 meet nutritional needs, including: value of USDA-donated foods; value of supplemental food 15
319319 assistance received under the Child Nutrition Act of 1966, as amended, and the special food service 16
320320 program for children under Title VII, nutrition program for the elderly, of the Older Americans Act 17
321321 of 1965 as amended, and the value of food stamps; 18
322322 (v) Value of certain assistance provided to undergraduate students, including any grant or 19
323323 loan for an undergraduate student for educational purposes made or insured under any loan program 20
324324 administered by the United States Commissioner of Education (or the Rhode Island council on 21
325325 postsecondary education or the Rhode Island division of higher education assistance); 22
326326 (vi) Foster care payments; 23
327327 (vii) Home energy assistance funded by state or federal government or by a nonprofit 24
328328 organization; 25
329329 (viii) Payments for supportive services or reimbursement of out-of-pocket expenses made 26
330330 to foster grandparents, senior health aides, or senior companions and to persons serving in SCORE 27
331331 and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act 28
332332 of 1973, 42 U.S.C. § 5000 et seq.; 29
333333 (ix) Payments to volunteers under AmeriCorps VISTA as defined in the department’s rules 30
334334 and regulations; 31
335335 (x) Certain payments to native Americans; payments distributed per capita to, or held in 32
336336 trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134, 33
337337 25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes 34
338338
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341341 which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17, 1
342342 1975; 2
343343 (xi) Refund from the federal and state earned income tax credit and any federal or state 3
344344 child tax credits or rebates; 4
345345 (xii) The value of any state, local, or federal government rent or housing subsidy, provided 5
346346 that this exclusion shall not limit the reduction in benefits provided for in the payment standard 6
347347 section of this chapter; 7
348348 (xiii) The earned income of any adult family member who gains employment while an 8
349349 active RI Works household member. This income is excluded for the first six (6) months of 9
350350 employment in which the income is earned, or until the household’s total gross income exceeds 10
351351 one hundred eighty-five percent (185%) of the federal poverty level, unless the household reaches 11
352352 its sixty-month (60) time limit first; 12
353353 (xiv) Any veteran’s disability pension benefits received as a result of any disability 13
354354 sustained by the veteran while in the military service. 14
355355 (4) The receipt of a lump sum of income shall affect participants for cash assistance in 15
356356 accordance with rules and regulations promulgated by the department. 16
357357 (h) Time limit on the receipt of cash assistance. 17
358358 (1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this 18
359359 chapter, to a family or assistance unit that includes an adult member who has received cash 19
360360 assistance for a total of sixty (60) months (whether or not consecutive), to include any time 20
361361 receiving any type of cash assistance in any other state or territory of the United States of America 21
362362 as defined herein. Provided further, in no circumstances other than provided for in subsection (h)(3) 22
363363 with respect to certain minor children, shall cash assistance be provided pursuant to this chapter to 23
364364 a family or assistance unit that includes an adult member who has received cash assistance for a 24
365365 total of a lifetime limit of sixty (60) months. 25
366366 (2) Cash benefits received by a minor dependent child shall not be counted toward their 26
367367 lifetime time limit for receiving benefits under this chapter should that minor child apply for cash 27
368368 benefits as an adult. 28
369369 (3) Certain minor children not subject to time limit. This section regarding the lifetime time 29
370370 limit for the receipt of cash assistance, shall not apply only in the instances of a minor child(ren) 30
371371 living with a parent who receives SSI benefits and a minor child(ren) living with a responsible adult 31
372372 non-parent caretaker relative who is not in the cash assistance payment. 32
373373 (4) Receipt of family cash assistance in any other state or territory of the United States of 33
374374 America shall be determined by the department of human services and shall include family cash 34
375375
376376
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378378 assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds 1
379379 [Title IV-A of the federal Social Security Act, 42 U.S.C. § 601 et seq.] and/or family cash assistance 2
380380 provided under a program similar to the Rhode Island families work and opportunity program or 3
381381 the federal TANF program. 4
382382 (5)(i) The department of human services shall mail a notice to each assistance unit when 5
383383 the assistance unit has six (6) months of cash assistance remaining and each month thereafter until 6
384384 the time limit has expired. The notice must be developed by the department of human services and 7
385385 must contain information about the lifetime time limit, the number of months the participant has 8
386386 remaining, the hardship extension policy, the availability of a post-employment-and-closure bonus; 9
387387 and any other information pertinent to a family or an assistance unit nearing the sixty-month (60) 10
388388 lifetime time limit. 11
389389 (ii) For applicants who have less than six (6) months remaining in the sixty-month (60) 12
390390 lifetime time limit because the family or assistance unit previously received cash assistance in 13
391391 Rhode Island or in another state, the department shall notify the applicant of the number of months 14
392392 remaining when the application is approved and begin the process required in subsection (h)(5)(i). 15
393393 (6) If a cash assistance recipient family was closed pursuant to Rhode Island’s Temporary 16
394394 Assistance for Needy Families Program (federal TANF described in Title IV-A of the Federal 17
395395 Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family 18
396396 independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction 19
397397 because of failure to comply with the cash assistance program requirements; and that recipient 20
398398 family received sixty (60) months of cash benefits in accordance with the family independence 21
399399 program, then that recipient family is not able to receive further cash assistance for his/her family, 22
400400 under this chapter, except under hardship exceptions. 23
401401 (7) The months of state or federally funded cash assistance received by a recipient family 24
402402 since May 1, 1997, under Rhode Island’s Temporary Assistance for Needy Families Program 25
403403 (federal TANF described in Title IV-A of the Federal Social Security Act, 42 U.S.C. § 601 et seq.), 26
404404 formerly entitled the Rhode Island family independence program, shall be countable toward the 27
405405 time-limited cash assistance described in this chapter. 28
406406 (i) Time limit on the receipt of cash assistance. 29
407407 (1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance 30
408408 unit in which an adult member has received cash assistance for a total of sixty (60) months (whether 31
409409 or not consecutive) to include any time receiving any type of cash assistance in any other state or 32
410410 territory of the United States as defined herein effective August 1, 2008. Provided further, that no 33
411411 cash assistance shall be provided to a family in which an adult member has received assistance for 34
412412
413413
414414 LC000838 - Page 12 of 21
415415 twenty-four (24) consecutive months unless the adult member has a rehabilitation employment plan 1
416416 as provided in § 40-5.2-12(g)(5). 2
417417 (2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter 3
418418 to a family in which a child has received cash assistance for a total of sixty (60) months (whether 4
419419 or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to subsection 5
420420 (a)(2) to include any time they received any type of cash assistance in any other state or territory 6
421421 of the United States as defined herein. 7
422422 (j) Hardship exceptions. 8
423423 (1) The department may extend an assistance unit’s or family’s cash assistance beyond the 9
424424 time limit, by reason of hardship; provided, however, that the number of families to be exempted 10
425425 by the department with respect to their time limit under this subsection shall not exceed twenty 11
426426 percent (20%) of the average monthly number of families to which assistance is provided for under 12
427427 this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by 13
428428 federal law, any waiver granted under § 40-5.2-34, for domestic violence, shall not be counted in 14
429429 determining the twenty percent (20%) maximum under this section. 15
430430 (2) Parents who receive extensions to the time limit due to hardship must have and comply 16
431431 with employment plans designed to remove or ameliorate the conditions that warranted the 17
432432 extension. 18
433433 (k) Parents under eighteen (18) years of age. 19
434434 (1) A family consisting of a parent who is under the age of eighteen (18), and who has 20
435435 never been married, and who has a child; or a family consisting of a woman person under the age 21
436436 of eighteen (18) who is at least six (6) months pregnant from onset of pregnancy, shall be eligible 22
437437 for cash assistance only if the family resides in the home of an adult parent, legal guardian, or other 23
438438 adult relative. The assistance shall be provided to the adult parent, legal guardian, or other adult 24
439439 relative on behalf of the individual and child unless otherwise authorized by the department. 25
440440 (2) This subsection shall not apply if the minor parent or pregnant minor has no parent, 26
441441 legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or the 27
442442 department determines that the physical or emotional health or safety of the minor parent, or his or 28
443443 her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same 29
444444 residence as his or her parent, legal guardian, or other adult relative (refusal of a parent, legal 30
445445 guardian, or other adult relative to allow the minor parent or his or her child, or a pregnant minor, 31
446446 to live in his or her home shall constitute a presumption that the health or safety would be so 32
447447 jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent or 33
448448 legal guardian for a period of at least one year before either the birth of any child to a minor parent 34
449449
450450
451451 LC000838 - Page 13 of 21
452452 or the onset of the pregnant minor’s pregnancy; or there is good cause, under departmental 1
453453 regulations, for waiving the subsection; and the individual resides in a supervised supportive-living 2
454454 arrangement to the extent available. 3
455455 (3) For purposes of this section, “supervised supportive-living arrangement” means an 4
456456 arrangement that requires minor parents to enroll and make satisfactory progress in a program 5
457457 leading to a high school diploma or a general education development certificate, and requires minor 6
458458 parents to participate in the adolescent parenting program designated by the department, to the 7
459459 extent the program is available; and provides rules and regulations that ensure regular adult 8
460460 supervision. 9
461461 (l) Assignment and cooperation. As a condition of eligibility for cash and medical 10
462462 assistance under this chapter, each adult member, parent, or caretaker relative of the 11
463463 family/assistance unit must: 12
464464 (1) Assign to the state any rights to support for children within the family from any person 13
465465 that the family member has at the time the assignment is executed or may have while receiving 14
466466 assistance under this chapter; 15
467467 (2) Consent to and cooperate with the state in establishing the paternity and in establishing 16
468468 and/or enforcing child support and medical support orders for all children in the family or assistance 17
469469 unit in accordance with title 15 of the general laws, as amended, unless the parent or caretaker 18
470470 relative is found to have good cause for refusing to comply with the requirements of this subsection. 19
471471 (3) Absent good cause, as defined by the department of human services through the 20
472472 rulemaking process, for refusing to comply with the requirements of subsections (l)(1) and (l)(2), 21
473473 cash assistance to the family shall be reduced by twenty-five percent (25%) until the adult member 22
474474 of the family who has refused to comply with the requirements of this subsection consents to and 23
475475 cooperates with the state in accordance with the requirements of this subsection. 24
476476 (4) As a condition of eligibility for cash and medical assistance under this chapter, each 25
477477 adult member, parent, or caretaker relative of the family/assistance unit must consent to and 26
478478 cooperate with the state in identifying and providing information to assist the state in pursuing any 27
479479 third party who may be liable to pay for care and services under Title XIX of the Social Security 28
480480 Act, 42 U.S.C. § 1396 et seq. 29
481481 40-5.2-11. Cash assistance. 30
482482 (a) A family or assistance unit found by the department to meet the eligibility criteria set 31
483483 forth in this chapter shall be eligible to receive cash assistance as of the date a signed, written 32
484484 application, signed under a penalty of perjury, is received by the department. 33
485485 (b) The family members or assistance unit shall be eligible for cash assistance for so long 34
486486
487487
488488 LC000838 - Page 14 of 21
489489 as they continue to meet the eligibility criteria outlined in accordance with this chapter. Parents and 1
490490 adult non-parent caretaker relatives receiving cash assistance shall be eligible so long as they meet 2
491491 the terms and conditions of the work requirements of § 40-5.2-12. An adult caretaker relative shall 3
492492 be eligible for assistance as a member of the assistance unit so long as he or she meets all the 4
493493 eligibility requirements of this chapter. 5
494494 (c) The monthly amount of cash assistance shall be equal to the payment standard for the 6
495495 family minus the countable income of the family in that month. The department is authorized to 7
496496 reduce the amount of assistance in the month of application to reflect the number of the days 8
497497 between the first day of the month and the effective date of the application. 9
498498 (d) A decision on the application for assistance shall be made or rejected by the department 10
499499 no later than thirty (30) days following the date submitted and shall be effective as of the date of 11
500500 application. 12
501501 (e) The payment standard is equal to the sum of the following: four hundred twenty-five 13
502502 dollars ($425) (three hundred sixty dollars ($360) for a family residing in subsidized housing) for 14
503503 the first person; one hundred fifty-nine dollars ($159) for the second person; one hundred thirty-15
504504 seven dollars ($137) for the third person; and one hundred four dollars ($104) for each additional 16
505505 person. Effective July 1, 2023, the payment standard for the assistance unit shall be no less than 17
506506 fifty percent (50%) of the poverty guideline for the comparable assistance unit size as determined 18
507507 by the U.S. Department of Health and Human Services for calendar year 2023. Thereafter, the 19
508508 payment standard shall be adjusted in July of each year to be no less than fifty percent (50%) of the 20
509509 poverty guideline for the comparable assistance unit size as determined by the U.S. Department of 21
510510 Health and Human Services for that calendar year. 22
511511 40-5.2-12. Work requirements for receipt of cash assistance. 23
512512 (a) The department of human services and the department of labor and training shall assess 24
513513 the applicant/parent or non-parent caretaker relative’s work experience, educational, and vocational 25
514514 abilities, and the department, together with the parent, shall develop and enter into a mandatory, 26
515515 individual employment plan in accordance with § 40-5.2-10(e). 27
516516 (b) In the case of a family including two (2) parents, at least one of the parents shall be 28
517517 required to participate in an employment plan leading to full-time employment. The department 29
518518 may also require the second parent in a two-parent (2) household to develop an employment plan 30
519519 if, and when, the youngest child reaches six (6) years of age or older. 31
520520 (c) The written, individual employment plan shall specify, at minimum, the immediate 32
521521 steps necessary to support a goal of long-term, economic independence. 33
522522 (d) All applicants and participants in the Rhode Island works employment program must 34
523523
524524
525525 LC000838 - Page 15 of 21
526526 attend and participate in required appointments, employment plan development, and employment-1
527527 related activities, unless temporarily exempt for reasons specified in this chapter. 2
528528 (e) A recipient/participant temporarily exempted from the work requirements may 3
529529 participate in an individual employment plan on a voluntary basis, however, the individual remains 4
530530 subject to the same program compliance requirements as a participant without a temporary 5
531531 exemption. 6
532532 (f) The individual employment plan shall specify the participant’s work activity(ies) and 7
533533 the supportive services that will be provided by the department to enable the participant to engage 8
534534 in the work activity(ies). 9
535535 (g) Work requirements for single-parent families. In single-parent households, the 10
536536 participant parent or non-parent caretaker relative in the cash assistance payment, shall participate 11
537537 as a condition of eligibility, for a minimum of twenty (20) hours per week if the youngest child in 12
538538 the home is under the age of six (6), and for a minimum of thirty (30) hours per week if the youngest 13
539539 child in the home is six (6) years of age or older, in one or more of their required work activities, 14
540540 as appropriate, in order to help the parent obtain stable, full-time, paid employment, as determined 15
541541 by the department of human services and the department of labor and training; provided, however, 16
542542 that he or she shall begin with intensive employment services as the first step in the individual 17
543543 employment plan. Required work activities are as follows: 18
544544 (1) At least twenty (20) hours per week must come from participation in one or more of 19
545545 the following ten (10) work activities: 20
546546 (i) Unsubsidized employment; 21
547547 (ii) Subsidized private-sector employment; 22
548548 (iii) Subsidized public-sector employment; 23
549549 (iv) Work experience; 24
550550 (v) On-the-job training; 25
551551 (vi) Job search and job readiness; 26
552552 (vii) Community service programs; 27
553553 (viii) Vocational educational training not to exceed twelve (12) months; provided, 28
554554 however, that a participant who successfully completes their first year of education at the 29
555555 community college of Rhode Island may participate in vocational education training for an 30
556556 additional twelve (12) months; 31
557557 (ix) Providing childcare services to another participant parent who is participating in an 32
558558 approved community service program; and 33
559559 (x) Adult education in an intensive work-readiness program. 34
560560
561561
562562 LC000838 - Page 16 of 21
563563 (2) Above twenty (20) hours per week, the parent may participate in one or more of the 1
564564 following three (3) activities in order to satisfy a thirty-hour (30) requirement: 2
565565 (i) Job skills training directly related to employment; 3
566566 (ii) Education directly related to employment; and 4
567567 (iii) Satisfactory attendance at a secondary school or in a course of study leading to a 5
568568 certificate of general equivalence if it is a teen parent under the age of twenty (20) who is without 6
569569 a high school diploma or General Equivalence Diploma (GED). 7
570570 (3) In the case of a parent under the age of twenty (20), attendance at a secondary school 8
571571 or the equivalent during the month, or twenty (20) hours per week on average for the month in 9
572572 education directly related to employment, will be counted as engaged in work. 10
573573 (4) A parent who participates in a work experience or community service program for the 11
574574 maximum number of hours per week allowable by the Fair Labor Standards Act (FLSA) is deemed 12
575575 to have participated in his or her required minimum hours per week in core activities if actual 13
576576 participation falls short of his or her required minimum hours per week. 14
577577 (5) A parent who has been determined to have a physical or mental impairment affecting 15
578578 employment, but who has not been found eligible for Social Security Disability benefits or 16
579579 Supplemental Security Income must participate in his or her rehabilitation employment plan as 17
580580 developed with the office of rehabilitation services that leads to employment and/or to receipt of 18
581581 disability benefits through the Social Security Administration. 19
582582 (6) A required work activity may be any other work activity permissible under federal 20
583583 TANF provisions or state-defined Rhode Island works program activity, including up to ten (10) 21
584584 hours of activities required by a parent’s department of children, youth and families service plan. 22
585585 (h) Exemptions from work requirements for the single-parent family. Work requirements 23
586586 outlined in subsection (g) shall not apply to a single parent if (and for so long as) the department 24
587587 finds that he or she is: 25
588588 (1) Caring for a child below the age of one; provided, however, that a parent may opt for 26
589589 the deferral from an individual employment plan for a maximum of twelve (12) months during the 27
590590 twenty-four (24) months of eligibility for cash assistance and provided, further, that a minor parent 28
591591 without a high school diploma or the equivalent, and who is not married, shall not be exempt for 29
592592 more than twelve (12) weeks from the birth of the child; 30
593593 (2) Caring for a disabled family member who resides in the home and requires full-time 31
594594 care; 32
595595 (3) A recipient of Social Security Disability benefits or Supplemental Security Income or 33
596596 other disability benefits that have the same standard of disability as defined by the Social Security 34
597597
598598
599599 LC000838 - Page 17 of 21
600600 Administration; 1
601601 (4) An individual receiving assistance who is a victim of domestic violence as determined 2
602602 by the department in accordance with rules and regulations; 3
603603 (5) An applicant for assistance in her third trimester from onset of pregnancy or a pregnant 4
604604 woman person in her their third trimester who is a recipient of assistance and has medical 5
605605 documentation that she they cannot work; 6
606606 (6) An individual otherwise exempt by the department as defined in rules and regulations 7
607607 promulgated by the department. 8
608608 (i) Work requirement for two-parent families. 9
609609 (1) In families consisting of two (2) parents, one or both parents are required, and shall be 10
610610 engaged in, work activities as defined below, for an individual or combined total of at least thirty-11
611611 five (35) hours per week during the month, not fewer than thirty (30) hours per week of which are 12
612612 attributable to one or more of the following listed work activities; provided, however, that he or she 13
613613 shall begin with intensive employment services as the first step in the individual employment plan. 14
614614 Two-parent work requirements shall be defined as the following: 15
615615 (i) Unsubsidized employment; 16
616616 (ii) Subsidized private-sector employment; 17
617617 (iii) Subsidized public-sector employment; 18
618618 (iv) Work experience; 19
619619 (v) On-the-job training; 20
620620 (vi) Job search and job readiness; 21
621621 (vii) Community service program; 22
622622 (viii) Vocational educational training not to exceed twelve (12) months; provided, 23
623623 however, that a participant who successfully completes their first year of education at the 24
624624 community college of Rhode Island may participate in vocational education training for an 25
625625 additional twelve (12) months; 26
626626 (ix) The provision of childcare services to a participant individual who is participating in a 27
627627 community service program; and 28
628628 (x) Adult education in an intensive work-readiness program. 29
629629 (2) Above thirty (30) hours per week, the following three (3) activities may also count for 30
630630 participation: 31
631631 (i) Job skills training directly related to employment; 32
632632 (ii) Education directly related to employment; and 33
633633 (iii) Satisfactory attendance at secondary school or in a course of study leading to a 34
634634
635635
636636 LC000838 - Page 18 of 21
637637 certificate of general equivalence. 1
638638 (3) A family with two (2) parents, in which one or both parents participate in a work 2
639639 experience or community service program, shall be deemed to have participated in core work 3
640640 activities for the maximum number of hours per week allowable by the Fair Labor Standards Act 4
641641 (FLSA) if actual participation falls short of his or her required minimum hours per week. 5
642642 (4) If the family receives childcare assistance and an adult in the family is not disabled or 6
643643 caring for a severely disabled child, then the work-eligible individuals must be participating in work 7
644644 activities for an average of at least fifty-five (55) hours per week to count as a two-parent family 8
645645 engaged in work for the month. 9
646646 (5) At least fifty (50) of the fifty-five (55) hours per week must come from participation in 10
647647 the activities listed in subsection (i)(1). 11
648648 Above fifty (50) hours per week, the three (3) activities listed in subsection (i)(2) may also 12
649649 count as participation. 13
650650 (6) A family with two (2) parents receiving child care in which one or both parents 14
651651 participate in a work experience or community service program for the maximum number of hours 15
652652 per week allowable by the Fair Labor Standards Act (FLSA) will be considered to have met their 16
653653 required core hours if actual participation falls short of the required minimum hours per week. For 17
654654 families that need additional hours beyond the core activity requirement, these hours must be 18
655655 satisfied in some other TANF work activity. 19
656656 (j) Exemptions from work requirements for two-parent families. Work requirements 20
657657 outlined in subsection (i) shall not apply to two-parent families if (and for so long as) the department 21
658658 finds that: 22
659659 (1) Both parents receive Supplemental Security Income (SSI); 23
660660 (2) One parent receives SSI, and the other parent is caring for a disabled family member 24
661661 who resides in the home and who requires full-time care; or 25
662662 (3) The parents are otherwise exempt by the department as defined in rules and regulations. 26
663663 (k) Failure to comply with work requirements — Sanctions and terminations. 27
664664 (1) The cash assistance to which an otherwise eligible family/assistance unit is entitled 28
665665 under this chapter shall be reduced for three (3) months, whether or not consecutive, in accordance 29
666666 with rules and regulations promulgated by the department, whenever any participant, without good 30
667667 cause as defined by the department in its rules and regulations, has failed to enter into an individual 31
668668 employment plan; has failed to attend a required appointment; has refused or quit employment; or 32
669669 has failed to comply with any other requirements for the receipt of cash assistance under this 33
670670 chapter. The reduction in cash assistance shall not exceed the share of the payment made to the 34
671671
672672
673673 LC000838 - Page 19 of 21
674674 participant, i.e., the amount paid in addition to the payment for the dependent children. If the 1
675675 family’s benefit has been reduced, benefits shall be restored to the full amount beginning with the 2
676676 initial payment made on the first of the month following the month in which the parent: (i) Enters 3
677677 into an individual employment plan or rehabilitation plan and demonstrates compliance with the 4
678678 terms thereof; or (ii) Demonstrates compliance with the terms of his or her existing individual 5
679679 employment plan or rehabilitation plan, as such plan may be amended by agreement of the parent 6
680680 and the department. 7
681681 (2) In the case where appropriate child care has been made available in accordance with 8
682682 this chapter, a participant’s failure, without good cause, to accept a bona fide offer of work, 9
683683 including full-time, part-time, and/or temporary employment, or unpaid work experience or 10
684684 community service, shall be deemed a failure to comply with the work requirements of this section 11
685685 and shall result in reduction or termination of cash assistance, as defined by the department in rules 12
686686 and regulations duly promulgated. 13
687687 (3) If the family/assistance unit’s benefit has been reduced for a total of three (3) months, 14
688688 whether or not consecutive in accordance with this section due to the failure by one or more parents 15
689689 to enter into an individual employment plan, or failure to comply with the terms of his or her 16
690690 individual employment plan, or the failure to comply with the requirements of this chapter, cash 17
691691 assistance to the entire family shall end. The family/assistance unit may reapply for benefits, and 18
692692 the benefits shall be restored to the family/assistance unit in the full amount the family/assistance 19
693693 unit is otherwise eligible for under this chapter beginning on the first of the month following the 20
694694 month in which all parents in the family/assistance unit who are subject to the employment or 21
695695 rehabilitation plan requirements under this chapter: (i) Enter into an individual employment or 22
696696 rehabilitation plan as applicable, and demonstrate compliance with the terms thereof, or (ii) 23
697697 Demonstrate compliance with the terms of the parent’s individual employment or rehabilitation 24
698698 employment plan in effect at the time of termination of benefits, as such plan may be amended by 25
699699 agreement of the parent and the department. 26
700700 (4) Up to ten (10) days following a notice of adverse action to reduce or terminate benefits 27
701701 under this subsection, the client may request the opportunity to meet with a social worker to identify 28
702702 the reasons for non-compliance, establish good cause, and seek to resolve any issues that have 29
703703 prevented the parent from complying with the employment plan requirements. 30
704704 (5) Participants whose cases had closed in sanction status pursuant to Rhode Island’s prior 31
705705 Temporary Assistance for Needy Families Program (federal TANF described in Title IV-A of the 32
706706 federal Social Security Act, 42 U.S.C. § 601 et seq.), the family independence program, more 33
707707 specifically, § 40-5.1-9(2)(c) [repealed], due to failure to comply with the cash assistance program 34
708708
709709
710710 LC000838 - Page 20 of 21
711711 requirements, but who had received less than forty-eight (48) months of cash assistance at the time 1
712712 of closure, and who reapply for cash assistance under the Rhode Island works program, must 2
713713 demonstrate full compliance, as defined by the department in its rules and regulations, before they 3
714714 shall be eligible for cash assistance pursuant to this chapter. 4
715715 (l) Good cause. Good cause for failing to meet any program requirements including leaving 5
716716 employment, and failure to fulfill documentation requirements, shall be outlined in rules and 6
717717 regulations promulgated by the department of human services. 7
718718 SECTION 2. This act shall take effect upon passage. 8
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722722
723723
724724 LC000838 - Page 21 of 21
725725 EXPLANATION
726726 BY THE LEGISLATIVE COUNCIL
727727 OF
728728 A N A C T
729729 RELATING TO HUMAN SE RVICES -- THE RHODE ISLAND WOR KS PROGRAM
730730 ***
731731 This act would amend the Rhode Island Works Program to provide eligibility for benefits 1
732732 for pregnant persons from the onset of pregnancy, and allow lawful permanent residents to receive 2
733733 benefits without a waiting period. This act would also increase the monthly cash benefit to fifty 3
734734 percent (50%) of the federal poverty level effective July 1, 2023, and would provide for a yearly 4
735735 cost of living increase by maintaining the benefit at not less than fifty percent (50%) of the federal 5
736736 poverty level. This act would also repeal the termination of benefits to a family because of failure 6
737737 of a family member to enter into or comply with an individual employment plan, which is 7
738738 sometimes referred to as a “full family sanction”. 8
739739 This act would take effect upon passage. 9
740740 ========
741741 LC000838
742742 ========