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4 | 4 | | |
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5 | 5 | | 2023 -- H 5644 |
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6 | 6 | | ======== |
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7 | 7 | | LC000838 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO HUMAN SE RVICES -- THE RHODE ISLAND WORKS PROGRAM |
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16 | 16 | | Introduced By: Representatives Handy, Giraldo, Stewart, Boylan, Cruz, Potter, Slater, |
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17 | 17 | | Diaz, Morales, and Kazarian |
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18 | 18 | | Date Introduced: February 15, 2023 |
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19 | 19 | | Referred To: House Finance |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | 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 |
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24 | 24 | | in Chapter 40-5.2 entitled "The Rhode Island Works Program" are hereby amended to read as 2 |
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25 | 25 | | follows: 3 |
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26 | 26 | | 40-5.2-8. Definitions. 4 |
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27 | 27 | | As used in this chapter, the following terms having the meanings set forth herein, unless 5 |
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28 | 28 | | the context in which such terms are used clearly indicates to the contrary: 6 |
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29 | 29 | | (1) “Applicant” means a person who has filed a written application for assistance for herself 7 |
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30 | 30 | | or himself and her or his dependent child(ren). An applicant may be a parent or non-parent caretaker 8 |
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31 | 31 | | relative. 9 |
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32 | 32 | | (2) “Assistance” means cash and any other benefits provided pursuant to this chapter. 10 |
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33 | 33 | | (3) “Assistance unit” means the assistance-filing unit consisting of the group of persons, 11 |
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34 | 34 | | including the dependent child(ren), living together in a single household who must be included in 12 |
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35 | 35 | | the application for assistance and in the assistance payment if eligibility is established. An 13 |
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36 | 36 | | assistance unit may be the same as a family. 14 |
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37 | 37 | | (4) “Benefits” shall mean assistance received pursuant to this chapter. 15 |
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38 | 38 | | (5) “Community service programs” means structured programs and activities in which cash 16 |
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39 | 39 | | assistance recipients perform work for the direct benefit of the community under the auspices of 17 |
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40 | 40 | | public or nonprofit organizations. Community service programs are designed to improve the 18 |
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41 | 41 | | employability of recipients not otherwise able to obtain paid employment. 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC000838 - Page 2 of 21 |
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45 | 45 | | (6) “Department” means the department of human services. 1 |
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46 | 46 | | (7) “Dependent child” means an individual, other than an individual with respect to whom 2 |
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47 | 47 | | foster care maintenance payments are made, who is: (i) Under the age of eighteen (18); or (ii) Under 3 |
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48 | 48 | | the age of nineteen (19) and a full-time student in a secondary school (or in the equivalent level of 4 |
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49 | 49 | | vocational or educational training). 5 |
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50 | 50 | | (8) “Director” means the director of the department of human services. 6 |
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51 | 51 | | (9) “Earned income” means income in cash or the equivalent received by a person through 7 |
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52 | 52 | | the receipt of wages, salary, commissions, or profit from activities in which the person is self-8 |
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53 | 53 | | employed or as an employee and before any deductions for taxes. 9 |
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54 | 54 | | (10) “Earned income tax credit” means the credit against federal personal income tax 10 |
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55 | 55 | | liability under § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32, or any successor section, 11 |
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56 | 56 | | the advanced payment of the earned income tax credit to an employee under § 3507 of the code, 26 12 |
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57 | 57 | | U.S.C. § 3507 [repealed], or any successor section and any refund received as a result of the earned 13 |
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58 | 58 | | income tax credit, as well as any refundable state earned income tax credit. 14 |
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59 | 59 | | (11) “Education directly related to employment” means education, in the case of a 15 |
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60 | 60 | | participant who has not received a high school diploma or a certificate of high school equivalency, 16 |
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61 | 61 | | related to a specific occupation, job, or job offer. 17 |
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62 | 62 | | (12) “Family” means: (i) A pregnant woman person from and including the seventh month 18 |
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63 | 63 | | onset of her pregnancy; or (ii) A child and the following eligible persons living in the same 19 |
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64 | 64 | | household as the child: (iii) Each biological, adoptive or stepparent of the child, or in the absence 20 |
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65 | 65 | | of a parent, any adult relative who is responsible, in fact, for the care of such child; and (iv) The 21 |
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66 | 66 | | child’s minor siblings (whether of the whole or half blood); provided, however, that the term 22 |
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67 | 67 | | “family” shall not include any person receiving benefits under Title XVI of the Social Security Act, 23 |
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68 | 68 | | 42 U.S.C. § 1381 et seq. A family may be the same as the assistance unit. 24 |
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69 | 69 | | (13) “Gross earnings” means earnings from employment and self-employment further 25 |
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70 | 70 | | described in the department of human services rules and regulations. 26 |
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71 | 71 | | (14) “Individual employment plan” means a written, individualized plan for employment 27 |
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72 | 72 | | developed jointly by the applicant and the department of human services that specifies the steps the 28 |
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73 | 73 | | participant shall take toward long-term economic independence developed in accordance with § 29 |
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74 | 74 | | 40-5.2-10(e). A participant must comply with the terms of the individual employment plan as a 30 |
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75 | 75 | | condition of eligibility in accordance with § 40-5.2-10(e). 31 |
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76 | 76 | | (15) “Job search and job readiness” means the mandatory act of seeking or obtaining 32 |
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77 | 77 | | employment by the participant, or the preparation to seek or obtain employment. 33 |
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78 | 78 | | In accord with federal requirements, job search activities must be supervised by the 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC000838 - Page 3 of 21 |
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82 | 82 | | department of labor and training and must be reported to the department of human services in 1 |
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83 | 83 | | accordance with TANF work verification requirements. 2 |
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84 | 84 | | Except in the context of rehabilitation employment plans, and special services provided by 3 |
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85 | 85 | | the department of children, youth and families, job-search and job-readiness activities are limited 4 |
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86 | 86 | | to four (4) consecutive weeks, or for a total of six (6) weeks in a twelve-month (12) period, with 5 |
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87 | 87 | | limited exceptions as defined by the department. The department of human services, in consultation 6 |
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88 | 88 | | with the department of labor and training, shall extend job-search, and job-readiness assistance for 7 |
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89 | 89 | | up to twelve (12) weeks in a fiscal year if a state has an unemployment rate at least fifty percent 8 |
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90 | 90 | | (50%) greater than the United States unemployment rate if the state meets the definition of a “needy 9 |
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91 | 91 | | state” under the contingency fund provisions of federal law. 10 |
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92 | 92 | | Preparation to seek employment, or job readiness, may include, but may not be limited to: 11 |
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93 | 93 | | the participant obtaining life-skills training; homelessness services; domestic violence services; 12 |
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94 | 94 | | special services for families provided by the department of children, youth and families; substance 13 |
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95 | 95 | | abuse treatment; mental health treatment; or rehabilitation activities as appropriate for those who 14 |
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96 | 96 | | are otherwise employable. The services, treatment, or therapy must be determined to be necessary 15 |
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97 | 97 | | and certified by a qualified medical or mental health professional. Intensive work-readiness 16 |
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98 | 98 | | services may include: work-based literacy; numeracy; hands-on training; work experience; and case 17 |
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99 | 99 | | management services. Nothing in this section shall be interpreted to mean that the department of 18 |
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100 | 100 | | labor and training shall be the sole provider of job-readiness activities described herein. 19 |
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101 | 101 | | (16) “Job skills training directly related to employment” means training or education for 20 |
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102 | 102 | | job skills required by an employer to provide an individual with the ability to obtain employment 21 |
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103 | 103 | | or to advance or adapt to the changing demands of the workplace. Job skills training directly related 22 |
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104 | 104 | | to employment must be supervised on an ongoing basis. 23 |
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105 | 105 | | (17) “Minor parent” means a parent under the age of eighteen (18). A minor parent may be 24 |
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106 | 106 | | an applicant or recipient with his or her dependent child(ren) in his or her own case or a member 25 |
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107 | 107 | | of an assistance unit with his or her dependent child(ren) in a case established by the minor parent’s 26 |
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108 | 108 | | parent. 27 |
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109 | 109 | | (18) “Net income” means the total gross income of the assistance unit less allowable 28 |
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110 | 110 | | disregards and deductions as described in § 40-5.2-10(g). 29 |
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111 | 111 | | (19) “On-the-job training” means training in the public or private sector that is given to a 30 |
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112 | 112 | | paid employee while he or she is engaged in productive work and that provides knowledge and 31 |
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113 | 113 | | skills essential to the full and adequate performance of the job. On-the-job training must be 32 |
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114 | 114 | | supervised by an employer, work-site sponsor, or other designee of the department of human 33 |
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115 | 115 | | services on an ongoing basis. 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC000838 - Page 4 of 21 |
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119 | 119 | | (20) “Participant” means a person who has been found eligible for assistance in accordance 1 |
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120 | 120 | | with this chapter and who must comply with all requirements of this chapter, and has entered into 2 |
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121 | 121 | | an individual employment plan. A participant may be a parent or non-parent caretaker relative 3 |
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122 | 122 | | included in the cash assistance payment. 4 |
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123 | 123 | | (21) “Recipient” means a person who has been found eligible and receives cash assistance 5 |
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124 | 124 | | in accordance with this chapter. 6 |
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125 | 125 | | (22) “Relative” means a parent, stepparent, grandparent, great grandparent, great-great 7 |
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126 | 126 | | grandparent, aunt, great-aunt, great-great aunt, uncle, great-uncle, great-great uncle, sister, brother, 8 |
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127 | 127 | | stepbrother, stepsister, half-brother, half-sister, first cousin, first cousin once removed, niece, great-9 |
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128 | 128 | | niece, great-great niece, nephew, great-nephew, or great-great nephew. 10 |
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129 | 129 | | (23) “Resident” means a person who maintains residence by his or her continuous physical 11 |
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130 | 130 | | presence in the state. 12 |
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131 | 131 | | (24) “Self-employment income” means the total profit from a business enterprise, farming, 13 |
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132 | 132 | | etc., resulting from a comparison of the gross receipts with the business expenses, i.e., expenses 14 |
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133 | 133 | | directly related to producing the goods or services and without which the goods or services could 15 |
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134 | 134 | | not be produced. However, items such as depreciation, personal business and entertainment 16 |
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135 | 135 | | expenses, and personal transportation are not considered business expenses for the purposes of 17 |
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136 | 136 | | determining eligibility for cash assistance in accordance with this chapter. 18 |
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137 | 137 | | (25) “State” means the state of Rhode Island. 19 |
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138 | 138 | | (26) “Subsidized employment” means employment in the private or public sectors for 20 |
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139 | 139 | | which the employer receives a subsidy from TANF or other public funds to offset some or all of 21 |
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140 | 140 | | the wages and costs of employing a recipient. It includes work in which all or a portion of the wages 22 |
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141 | 141 | | paid to the recipient are provided to the employer either as a reimbursement for the extra costs of 23 |
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142 | 142 | | training or as an incentive to hire the recipient, including, but not limited to, grant diversion. 24 |
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143 | 143 | | (27) “Subsidized housing” means housing for a family whose rent is restricted to a 25 |
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144 | 144 | | percentage of its income. 26 |
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145 | 145 | | (28) “Unsubsidized employment” means full- or part-time employment in the public or 27 |
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146 | 146 | | private sector that is not subsidized by TANF or any other public program. 28 |
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147 | 147 | | (29) “Vocational educational training” means organized educational programs, not to 29 |
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148 | 148 | | exceed twelve (12) months with respect to any participant, that are directly related to the preparation 30 |
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149 | 149 | | of participants for employment in current or emerging occupations. Vocational educational training 31 |
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150 | 150 | | must be supervised. 32 |
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151 | 151 | | (30) “Work activities” mean the specific work requirements that must be defined in the 33 |
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152 | 152 | | individual employment plan and must be complied with by the participant as a condition of 34 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | LC000838 - Page 5 of 21 |
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156 | 156 | | eligibility for the receipt of cash assistance for single and two-family (2) households outlined in § 1 |
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157 | 157 | | 40-5.2-12. 2 |
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158 | 158 | | (31) “Work experience” means a work activity that provides a participant with an 3 |
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159 | 159 | | opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain 4 |
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160 | 160 | | employment. The purpose of work experience is to improve the employability of those who cannot 5 |
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161 | 161 | | find unsubsidized employment. An employer, work site sponsor, and/or other appropriate designee 6 |
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162 | 162 | | of the department must supervise this activity. 7 |
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163 | 163 | | (32) “Work supplementation,” also known as “grant diversion,” means the use of all or a 8 |
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164 | 164 | | portion of a participant’s cash assistance grant and food stamp grant as a wage supplement to an 9 |
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165 | 165 | | employer. The supplement shall be limited to a maximum period of twelve (12) months. An 10 |
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166 | 166 | | employer must agree to continue the employment of the participant as part of the regular work 11 |
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167 | 167 | | force, beyond the supplement period, if the participant demonstrates satisfactory performance. 12 |
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168 | 168 | | 40-5.2-10. Necessary requirements and conditions. 13 |
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169 | 169 | | The following requirements and conditions shall be necessary to establish eligibility for 14 |
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170 | 170 | | the program. 15 |
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171 | 171 | | (a) Citizenship, alienage, and residency requirements. 16 |
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172 | 172 | | (1) A person shall be a resident of the State of Rhode Island. 17 |
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173 | 173 | | (2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the 18 |
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174 | 174 | | alienage requirements established in § 402(b) of the Personal Responsibility and Work Opportunity 19 |
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175 | 175 | | Reconciliation Act of 1996, PRWORA, Pub. L. No. 104-193 and as that section may hereafter be 20 |
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176 | 176 | | amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does not meet the 21 |
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177 | 177 | | alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in 22 |
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178 | 178 | | accordance with this chapter. Provided, however, a person who has been admitted for lawful 23 |
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179 | 179 | | permanent residence shall not be subject to a waiting period for benefits for which they are 24 |
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180 | 180 | | otherwise eligible under this chapter. 25 |
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181 | 181 | | (b) The family/assistance unit must meet any other requirements established by the 26 |
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182 | 182 | | department of human services by rules and regulations adopted pursuant to the Administrative 27 |
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183 | 183 | | Procedures Act, as necessary to promote the purpose and goals of this chapter. 28 |
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184 | 184 | | (c) Receipt of cash assistance is conditional upon compliance with all program 29 |
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185 | 185 | | requirements. 30 |
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186 | 186 | | (d) All individuals domiciled in this state shall be exempt from the application of 31 |
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187 | 187 | | subdivision 115(d)(1)(A) of Pub. L. No. 104-193, the Personal Responsibility and Work 32 |
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188 | 188 | | Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any 33 |
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189 | 189 | | individual ineligible for certain state and federal assistance if that individual has been convicted 34 |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | LC000838 - Page 6 of 21 |
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193 | 193 | | under federal or state law of any offense that is classified as a felony by the law of the jurisdiction 1 |
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194 | 194 | | and that has as an element the possession, use, or distribution of a controlled substance as defined 2 |
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195 | 195 | | in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)). 3 |
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196 | 196 | | (e) Individual employment plan as a condition of eligibility. 4 |
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197 | 197 | | (1) Following receipt of an application, the department of human services shall assess the 5 |
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198 | 198 | | financial conditions of the family, including the non-parent caretaker relative who is applying for 6 |
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199 | 199 | | cash assistance for himself or herself as well as for the minor child(ren), in the context of an 7 |
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200 | 200 | | eligibility determination. If a parent or non-parent caretaker relative is unemployed or under-8 |
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201 | 201 | | employed, the department shall conduct an initial assessment, taking into account: 9 |
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202 | 202 | | (A) The physical capacity, skills, education, work experience, health, safety, family 10 |
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203 | 203 | | responsibilities, and place of residence of the individual; and 11 |
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204 | 204 | | (B) The child care and supportive services required by the applicant to avail himself or 12 |
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205 | 205 | | herself of employment opportunities and/or work readiness programs. 13 |
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206 | 206 | | (2) On the basis of this assessment, the department of human services and the department 14 |
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207 | 207 | | of labor and training, as appropriate, in consultation with the applicant, shall develop an individual 15 |
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208 | 208 | | employment plan for the family that requires the individual to participate in the intensive 16 |
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209 | 209 | | employment services. Intensive employment services shall be defined as the work requirement 17 |
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210 | 210 | | activities in § 40-5.2-12(g) and (i). 18 |
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211 | 211 | | (3) The director, or his or her designee, may assign a case manager to an 19 |
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212 | 212 | | applicant/participant, as appropriate. 20 |
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213 | 213 | | (4) The department of labor and training and the department of human services in 21 |
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214 | 214 | | conjunction with the participant shall develop a revised individual employment plan that shall 22 |
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215 | 215 | | identify employment objectives, taking into consideration factors above, and shall include a 23 |
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216 | 216 | | strategy for immediate employment and for preparing for, finding, and retaining employment 24 |
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217 | 217 | | consistent, to the extent practicable, with the individual’s career objectives. 25 |
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218 | 218 | | (5) The individual employment plan must include the provision for the participant to 26 |
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219 | 219 | | engage in work requirements as outlined in § 40-5.2-12. 27 |
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220 | 220 | | (6)(i) The participant shall attend and participate immediately in intensive assessment and 28 |
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221 | 221 | | employment services as the first step in the individual employment plan, unless temporarily exempt 29 |
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222 | 222 | | from this requirement in accordance with this chapter. Intensive assessment and employment 30 |
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223 | 223 | | services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i). 31 |
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224 | 224 | | (ii) Parents under age twenty (20) without a high school diploma or general equivalency 32 |
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225 | 225 | | diploma (GED) shall be referred to special teen-parent programs that will provide intensive services 33 |
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226 | 226 | | designed to assist teen parents to complete high school education or GED, and to continue approved 34 |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | LC000838 - Page 7 of 21 |
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230 | 230 | | work plan activities in accord with Rhode Island works program requirements. 1 |
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231 | 231 | | (7) The applicant shall become a participant in accordance with this chapter at the time the 2 |
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232 | 232 | | individual employment plan is signed and entered into. 3 |
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233 | 233 | | (8) Applicants and participants of the Rhode Island works program shall agree to comply 4 |
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234 | 234 | | with the terms of the individual employment plan, and shall cooperate fully with the steps 5 |
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235 | 235 | | established in the individual employment plan, including the work requirements. 6 |
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236 | 236 | | (9) The department of human services has the authority under the chapter to require 7 |
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237 | 237 | | attendance by the applicant/participant, either at the department of human services or at the 8 |
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238 | 238 | | department of labor and training, at appointments deemed necessary for the purpose of having the 9 |
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239 | 239 | | applicant enter into and become eligible for assistance through the Rhode Island works program. 10 |
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240 | 240 | | The appointments include, but are not limited to: the initial interview, orientation and assessment; 11 |
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241 | 241 | | job readiness; and job search. Attendance is required as a condition of eligibility for cash assistance 12 |
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242 | 242 | | in accordance with rules and regulations established by the department. 13 |
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243 | 243 | | (10) As a condition of eligibility for assistance pursuant to this chapter, the 14 |
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244 | 244 | | applicant/participant shall be obligated to keep appointments; attend orientation meetings at the 15 |
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245 | 245 | | department of human services and/or the Rhode Island department of labor and training; participate 16 |
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246 | 246 | | in any initial assessments or appraisals; and comply with all the terms of the individual employment 17 |
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247 | 247 | | plan in accordance with department of human services rules and regulations. 18 |
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248 | 248 | | (11) A participant, including a parent or non-parent caretaker relative included in the cash 19 |
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249 | 249 | | assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as 20 |
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250 | 250 | | defined in this chapter or the department’s rules and regulations. 21 |
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251 | 251 | | (12) A participant who voluntarily quits or refuses a job without good cause, as defined in 22 |
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252 | 252 | | § 40-5.2-12(), while receiving cash assistance in accordance with this chapter, shall be sanctioned 23 |
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253 | 253 | | in accordance with rules and regulations promulgated by the department. 24 |
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254 | 254 | | (f) Resources. 25 |
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255 | 255 | | (1) The family or assistance unit’s countable resources shall be less than the allowable 26 |
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256 | 256 | | resource limit established by the department in accordance with this chapter. 27 |
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257 | 257 | | (2) No family or assistance unit shall be eligible for assistance payments if the combined 28 |
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258 | 258 | | value of its available resources (reduced by any obligations or debts with respect to such resources) 29 |
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259 | 259 | | exceeds five thousand dollars ($5,000). 30 |
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260 | 260 | | (3) For purposes of this subsection, the following shall not be counted as resources of the 31 |
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261 | 261 | | family/assistance unit in the determination of eligibility for the works program: 32 |
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262 | 262 | | (i) The home owned and occupied by a child, parent, relative, or other individual; 33 |
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263 | 263 | | (ii) Real property owned by a husband and wife as tenants by the entirety, if the property 34 |
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264 | 264 | | |
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265 | 265 | | |
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266 | 266 | | LC000838 - Page 8 of 21 |
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267 | 267 | | is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in 1 |
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268 | 268 | | the property; 2 |
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269 | 269 | | (iii) Real property that the family is making a good faith effort to dispose of, however, any 3 |
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270 | 270 | | cash assistance payable to the family for any such period shall be conditioned upon such disposal 4 |
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271 | 271 | | of the real property within six (6) months of the date of application and any payments of assistance 5 |
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272 | 272 | | for that period shall (at the time of disposal) be considered overpayments to the extent that they 6 |
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273 | 273 | | would not have occurred at the beginning of the period for which the payments were made. All 7 |
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274 | 274 | | overpayments are debts subject to recovery in accordance with the provisions of the chapter; 8 |
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275 | 275 | | (iv) Income-producing property other than real estate including, but not limited to, 9 |
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276 | 276 | | equipment such as farm tools, carpenter’s tools, and vehicles used in the production of goods or 10 |
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277 | 277 | | services that the department determines are necessary for the family to earn a living; 11 |
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278 | 278 | | (v) One vehicle for each adult household member, but not to exceed two (2) vehicles per 12 |
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279 | 279 | | household, and in addition, a vehicle used primarily for income-producing purposes such as, but 13 |
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280 | 280 | | not limited to, a taxi, truck, or fishing boat; a vehicle used as a family’s home; a vehicle that 14 |
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281 | 281 | | annually produces income consistent with its fair market value, even if only used on a seasonal 15 |
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282 | 282 | | basis; a vehicle necessary to transport a family member with a disability where the vehicle is 16 |
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283 | 283 | | specially equipped to meet the specific needs of the person with a disability or if the vehicle is a 17 |
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284 | 284 | | special type of vehicle that makes it possible to transport the person with a disability; 18 |
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285 | 285 | | (vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of 19 |
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286 | 286 | | limited value; 20 |
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287 | 287 | | (vii) Burial plots (one for each child, relative, and other individual in the assistance unit) 21 |
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288 | 288 | | and funeral arrangements; 22 |
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289 | 289 | | (viii) For the month of receipt and the following month, any refund of federal income taxes 23 |
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290 | 290 | | made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating 24 |
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291 | 291 | | to earned income tax credit), and any payment made to the family by an employer under § 3507 of 25 |
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292 | 292 | | the Internal Revenue Code of 1986, 26 U.S.C. § 3507 [repealed] (relating to advance payment of 26 |
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293 | 293 | | such earned income credit); 27 |
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294 | 294 | | (ix) The resources of any family member receiving supplementary security income 28 |
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295 | 295 | | assistance under the Social Security Act, 42 U.S.C. § 301 et seq.; 29 |
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296 | 296 | | (x) Any veteran’s disability pension benefits received as a result of any disability sustained 30 |
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297 | 297 | | by the veteran while in the military service. 31 |
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298 | 298 | | (g) Income. 32 |
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299 | 299 | | (1) Except as otherwise provided for herein, in determining eligibility for and the amount 33 |
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300 | 300 | | of cash assistance to which a family is entitled under this chapter, the income of a family includes 34 |
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301 | 301 | | |
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302 | 302 | | |
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303 | 303 | | LC000838 - Page 9 of 21 |
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304 | 304 | | all of the money, goods, and services received or actually available to any member of the family. 1 |
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305 | 305 | | (2) In determining the eligibility for and the amount of cash assistance to which a 2 |
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306 | 306 | | family/assistance unit is entitled under this chapter, income in any month shall not include the first 3 |
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307 | 307 | | three hundred dollars ($300) of gross earnings plus fifty percent (50%) of the gross earnings of the 4 |
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308 | 308 | | family in excess of three hundred dollars ($300) earned during the month. 5 |
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309 | 309 | | (3) The income of a family shall not include: 6 |
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310 | 310 | | (i) The first fifty dollars ($50.00) in child support received in any month from each 7 |
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311 | 311 | | noncustodial parent of a child plus any arrearages in child support (to the extent of the first fifty 8 |
---|
312 | 312 | | dollars ($50.00) per month multiplied by the number of months in which the support has been in 9 |
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313 | 313 | | arrears) that are paid in any month by a noncustodial parent of a child; 10 |
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314 | 314 | | (ii) Earned income of any child; 11 |
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315 | 315 | | (iii) Income received by a family member who is receiving Supplemental Security Income 12 |
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316 | 316 | | (SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.; 13 |
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317 | 317 | | (iv) The value of assistance provided by state or federal government or private agencies to 14 |
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318 | 318 | | meet nutritional needs, including: value of USDA-donated foods; value of supplemental food 15 |
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319 | 319 | | assistance received under the Child Nutrition Act of 1966, as amended, and the special food service 16 |
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320 | 320 | | program for children under Title VII, nutrition program for the elderly, of the Older Americans Act 17 |
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321 | 321 | | of 1965 as amended, and the value of food stamps; 18 |
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322 | 322 | | (v) Value of certain assistance provided to undergraduate students, including any grant or 19 |
---|
323 | 323 | | loan for an undergraduate student for educational purposes made or insured under any loan program 20 |
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324 | 324 | | administered by the United States Commissioner of Education (or the Rhode Island council on 21 |
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325 | 325 | | postsecondary education or the Rhode Island division of higher education assistance); 22 |
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326 | 326 | | (vi) Foster care payments; 23 |
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327 | 327 | | (vii) Home energy assistance funded by state or federal government or by a nonprofit 24 |
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328 | 328 | | organization; 25 |
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329 | 329 | | (viii) Payments for supportive services or reimbursement of out-of-pocket expenses made 26 |
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330 | 330 | | to foster grandparents, senior health aides, or senior companions and to persons serving in SCORE 27 |
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331 | 331 | | and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act 28 |
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332 | 332 | | of 1973, 42 U.S.C. § 5000 et seq.; 29 |
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333 | 333 | | (ix) Payments to volunteers under AmeriCorps VISTA as defined in the department’s rules 30 |
---|
334 | 334 | | and regulations; 31 |
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335 | 335 | | (x) Certain payments to native Americans; payments distributed per capita to, or held in 32 |
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336 | 336 | | trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134, 33 |
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337 | 337 | | 25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes 34 |
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338 | 338 | | |
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339 | 339 | | |
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340 | 340 | | LC000838 - Page 10 of 21 |
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341 | 341 | | which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17, 1 |
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342 | 342 | | 1975; 2 |
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343 | 343 | | (xi) Refund from the federal and state earned income tax credit and any federal or state 3 |
---|
344 | 344 | | child tax credits or rebates; 4 |
---|
345 | 345 | | (xii) The value of any state, local, or federal government rent or housing subsidy, provided 5 |
---|
346 | 346 | | that this exclusion shall not limit the reduction in benefits provided for in the payment standard 6 |
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347 | 347 | | section of this chapter; 7 |
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348 | 348 | | (xiii) The earned income of any adult family member who gains employment while an 8 |
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349 | 349 | | active RI Works household member. This income is excluded for the first six (6) months of 9 |
---|
350 | 350 | | employment in which the income is earned, or until the household’s total gross income exceeds 10 |
---|
351 | 351 | | one hundred eighty-five percent (185%) of the federal poverty level, unless the household reaches 11 |
---|
352 | 352 | | its sixty-month (60) time limit first; 12 |
---|
353 | 353 | | (xiv) Any veteran’s disability pension benefits received as a result of any disability 13 |
---|
354 | 354 | | sustained by the veteran while in the military service. 14 |
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355 | 355 | | (4) The receipt of a lump sum of income shall affect participants for cash assistance in 15 |
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356 | 356 | | accordance with rules and regulations promulgated by the department. 16 |
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357 | 357 | | (h) Time limit on the receipt of cash assistance. 17 |
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358 | 358 | | (1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this 18 |
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359 | 359 | | chapter, to a family or assistance unit that includes an adult member who has received cash 19 |
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360 | 360 | | assistance for a total of sixty (60) months (whether or not consecutive), to include any time 20 |
---|
361 | 361 | | receiving any type of cash assistance in any other state or territory of the United States of America 21 |
---|
362 | 362 | | as defined herein. Provided further, in no circumstances other than provided for in subsection (h)(3) 22 |
---|
363 | 363 | | with respect to certain minor children, shall cash assistance be provided pursuant to this chapter to 23 |
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364 | 364 | | a family or assistance unit that includes an adult member who has received cash assistance for a 24 |
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365 | 365 | | total of a lifetime limit of sixty (60) months. 25 |
---|
366 | 366 | | (2) Cash benefits received by a minor dependent child shall not be counted toward their 26 |
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367 | 367 | | lifetime time limit for receiving benefits under this chapter should that minor child apply for cash 27 |
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368 | 368 | | benefits as an adult. 28 |
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369 | 369 | | (3) Certain minor children not subject to time limit. This section regarding the lifetime time 29 |
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370 | 370 | | limit for the receipt of cash assistance, shall not apply only in the instances of a minor child(ren) 30 |
---|
371 | 371 | | living with a parent who receives SSI benefits and a minor child(ren) living with a responsible adult 31 |
---|
372 | 372 | | non-parent caretaker relative who is not in the cash assistance payment. 32 |
---|
373 | 373 | | (4) Receipt of family cash assistance in any other state or territory of the United States of 33 |
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374 | 374 | | America shall be determined by the department of human services and shall include family cash 34 |
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375 | 375 | | |
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376 | 376 | | |
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377 | 377 | | LC000838 - Page 11 of 21 |
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378 | 378 | | assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds 1 |
---|
379 | 379 | | [Title IV-A of the federal Social Security Act, 42 U.S.C. § 601 et seq.] and/or family cash assistance 2 |
---|
380 | 380 | | provided under a program similar to the Rhode Island families work and opportunity program or 3 |
---|
381 | 381 | | the federal TANF program. 4 |
---|
382 | 382 | | (5)(i) The department of human services shall mail a notice to each assistance unit when 5 |
---|
383 | 383 | | the assistance unit has six (6) months of cash assistance remaining and each month thereafter until 6 |
---|
384 | 384 | | the time limit has expired. The notice must be developed by the department of human services and 7 |
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385 | 385 | | must contain information about the lifetime time limit, the number of months the participant has 8 |
---|
386 | 386 | | remaining, the hardship extension policy, the availability of a post-employment-and-closure bonus; 9 |
---|
387 | 387 | | and any other information pertinent to a family or an assistance unit nearing the sixty-month (60) 10 |
---|
388 | 388 | | lifetime time limit. 11 |
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389 | 389 | | (ii) For applicants who have less than six (6) months remaining in the sixty-month (60) 12 |
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390 | 390 | | lifetime time limit because the family or assistance unit previously received cash assistance in 13 |
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391 | 391 | | Rhode Island or in another state, the department shall notify the applicant of the number of months 14 |
---|
392 | 392 | | remaining when the application is approved and begin the process required in subsection (h)(5)(i). 15 |
---|
393 | 393 | | (6) If a cash assistance recipient family was closed pursuant to Rhode Island’s Temporary 16 |
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394 | 394 | | Assistance for Needy Families Program (federal TANF described in Title IV-A of the Federal 17 |
---|
395 | 395 | | Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family 18 |
---|
396 | 396 | | independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction 19 |
---|
397 | 397 | | because of failure to comply with the cash assistance program requirements; and that recipient 20 |
---|
398 | 398 | | family received sixty (60) months of cash benefits in accordance with the family independence 21 |
---|
399 | 399 | | program, then that recipient family is not able to receive further cash assistance for his/her family, 22 |
---|
400 | 400 | | under this chapter, except under hardship exceptions. 23 |
---|
401 | 401 | | (7) The months of state or federally funded cash assistance received by a recipient family 24 |
---|
402 | 402 | | since May 1, 1997, under Rhode Island’s Temporary Assistance for Needy Families Program 25 |
---|
403 | 403 | | (federal TANF described in Title IV-A of the Federal Social Security Act, 42 U.S.C. § 601 et seq.), 26 |
---|
404 | 404 | | formerly entitled the Rhode Island family independence program, shall be countable toward the 27 |
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405 | 405 | | time-limited cash assistance described in this chapter. 28 |
---|
406 | 406 | | (i) Time limit on the receipt of cash assistance. 29 |
---|
407 | 407 | | (1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance 30 |
---|
408 | 408 | | unit in which an adult member has received cash assistance for a total of sixty (60) months (whether 31 |
---|
409 | 409 | | or not consecutive) to include any time receiving any type of cash assistance in any other state or 32 |
---|
410 | 410 | | territory of the United States as defined herein effective August 1, 2008. Provided further, that no 33 |
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411 | 411 | | cash assistance shall be provided to a family in which an adult member has received assistance for 34 |
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412 | 412 | | |
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413 | 413 | | |
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414 | 414 | | LC000838 - Page 12 of 21 |
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415 | 415 | | twenty-four (24) consecutive months unless the adult member has a rehabilitation employment plan 1 |
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416 | 416 | | as provided in § 40-5.2-12(g)(5). 2 |
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417 | 417 | | (2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter 3 |
---|
418 | 418 | | to a family in which a child has received cash assistance for a total of sixty (60) months (whether 4 |
---|
419 | 419 | | or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to subsection 5 |
---|
420 | 420 | | (a)(2) to include any time they received any type of cash assistance in any other state or territory 6 |
---|
421 | 421 | | of the United States as defined herein. 7 |
---|
422 | 422 | | (j) Hardship exceptions. 8 |
---|
423 | 423 | | (1) The department may extend an assistance unit’s or family’s cash assistance beyond the 9 |
---|
424 | 424 | | time limit, by reason of hardship; provided, however, that the number of families to be exempted 10 |
---|
425 | 425 | | by the department with respect to their time limit under this subsection shall not exceed twenty 11 |
---|
426 | 426 | | percent (20%) of the average monthly number of families to which assistance is provided for under 12 |
---|
427 | 427 | | this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by 13 |
---|
428 | 428 | | federal law, any waiver granted under § 40-5.2-34, for domestic violence, shall not be counted in 14 |
---|
429 | 429 | | determining the twenty percent (20%) maximum under this section. 15 |
---|
430 | 430 | | (2) Parents who receive extensions to the time limit due to hardship must have and comply 16 |
---|
431 | 431 | | with employment plans designed to remove or ameliorate the conditions that warranted the 17 |
---|
432 | 432 | | extension. 18 |
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433 | 433 | | (k) Parents under eighteen (18) years of age. 19 |
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434 | 434 | | (1) A family consisting of a parent who is under the age of eighteen (18), and who has 20 |
---|
435 | 435 | | never been married, and who has a child; or a family consisting of a woman person under the age 21 |
---|
436 | 436 | | of eighteen (18) who is at least six (6) months pregnant from onset of pregnancy, shall be eligible 22 |
---|
437 | 437 | | for cash assistance only if the family resides in the home of an adult parent, legal guardian, or other 23 |
---|
438 | 438 | | adult relative. The assistance shall be provided to the adult parent, legal guardian, or other adult 24 |
---|
439 | 439 | | relative on behalf of the individual and child unless otherwise authorized by the department. 25 |
---|
440 | 440 | | (2) This subsection shall not apply if the minor parent or pregnant minor has no parent, 26 |
---|
441 | 441 | | legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or the 27 |
---|
442 | 442 | | department determines that the physical or emotional health or safety of the minor parent, or his or 28 |
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443 | 443 | | her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same 29 |
---|
444 | 444 | | residence as his or her parent, legal guardian, or other adult relative (refusal of a parent, legal 30 |
---|
445 | 445 | | guardian, or other adult relative to allow the minor parent or his or her child, or a pregnant minor, 31 |
---|
446 | 446 | | to live in his or her home shall constitute a presumption that the health or safety would be so 32 |
---|
447 | 447 | | jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent or 33 |
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448 | 448 | | legal guardian for a period of at least one year before either the birth of any child to a minor parent 34 |
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449 | 449 | | |
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450 | 450 | | |
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451 | 451 | | LC000838 - Page 13 of 21 |
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452 | 452 | | or the onset of the pregnant minor’s pregnancy; or there is good cause, under departmental 1 |
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453 | 453 | | regulations, for waiving the subsection; and the individual resides in a supervised supportive-living 2 |
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454 | 454 | | arrangement to the extent available. 3 |
---|
455 | 455 | | (3) For purposes of this section, “supervised supportive-living arrangement” means an 4 |
---|
456 | 456 | | arrangement that requires minor parents to enroll and make satisfactory progress in a program 5 |
---|
457 | 457 | | leading to a high school diploma or a general education development certificate, and requires minor 6 |
---|
458 | 458 | | parents to participate in the adolescent parenting program designated by the department, to the 7 |
---|
459 | 459 | | extent the program is available; and provides rules and regulations that ensure regular adult 8 |
---|
460 | 460 | | supervision. 9 |
---|
461 | 461 | | (l) Assignment and cooperation. As a condition of eligibility for cash and medical 10 |
---|
462 | 462 | | assistance under this chapter, each adult member, parent, or caretaker relative of the 11 |
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463 | 463 | | family/assistance unit must: 12 |
---|
464 | 464 | | (1) Assign to the state any rights to support for children within the family from any person 13 |
---|
465 | 465 | | that the family member has at the time the assignment is executed or may have while receiving 14 |
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466 | 466 | | assistance under this chapter; 15 |
---|
467 | 467 | | (2) Consent to and cooperate with the state in establishing the paternity and in establishing 16 |
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468 | 468 | | and/or enforcing child support and medical support orders for all children in the family or assistance 17 |
---|
469 | 469 | | unit in accordance with title 15 of the general laws, as amended, unless the parent or caretaker 18 |
---|
470 | 470 | | relative is found to have good cause for refusing to comply with the requirements of this subsection. 19 |
---|
471 | 471 | | (3) Absent good cause, as defined by the department of human services through the 20 |
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472 | 472 | | rulemaking process, for refusing to comply with the requirements of subsections (l)(1) and (l)(2), 21 |
---|
473 | 473 | | cash assistance to the family shall be reduced by twenty-five percent (25%) until the adult member 22 |
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474 | 474 | | of the family who has refused to comply with the requirements of this subsection consents to and 23 |
---|
475 | 475 | | cooperates with the state in accordance with the requirements of this subsection. 24 |
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476 | 476 | | (4) As a condition of eligibility for cash and medical assistance under this chapter, each 25 |
---|
477 | 477 | | adult member, parent, or caretaker relative of the family/assistance unit must consent to and 26 |
---|
478 | 478 | | cooperate with the state in identifying and providing information to assist the state in pursuing any 27 |
---|
479 | 479 | | third party who may be liable to pay for care and services under Title XIX of the Social Security 28 |
---|
480 | 480 | | Act, 42 U.S.C. § 1396 et seq. 29 |
---|
481 | 481 | | 40-5.2-11. Cash assistance. 30 |
---|
482 | 482 | | (a) A family or assistance unit found by the department to meet the eligibility criteria set 31 |
---|
483 | 483 | | forth in this chapter shall be eligible to receive cash assistance as of the date a signed, written 32 |
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484 | 484 | | application, signed under a penalty of perjury, is received by the department. 33 |
---|
485 | 485 | | (b) The family members or assistance unit shall be eligible for cash assistance for so long 34 |
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486 | 486 | | |
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487 | 487 | | |
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488 | 488 | | LC000838 - Page 14 of 21 |
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489 | 489 | | as they continue to meet the eligibility criteria outlined in accordance with this chapter. Parents and 1 |
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490 | 490 | | adult non-parent caretaker relatives receiving cash assistance shall be eligible so long as they meet 2 |
---|
491 | 491 | | the terms and conditions of the work requirements of § 40-5.2-12. An adult caretaker relative shall 3 |
---|
492 | 492 | | be eligible for assistance as a member of the assistance unit so long as he or she meets all the 4 |
---|
493 | 493 | | eligibility requirements of this chapter. 5 |
---|
494 | 494 | | (c) The monthly amount of cash assistance shall be equal to the payment standard for the 6 |
---|
495 | 495 | | family minus the countable income of the family in that month. The department is authorized to 7 |
---|
496 | 496 | | reduce the amount of assistance in the month of application to reflect the number of the days 8 |
---|
497 | 497 | | between the first day of the month and the effective date of the application. 9 |
---|
498 | 498 | | (d) A decision on the application for assistance shall be made or rejected by the department 10 |
---|
499 | 499 | | no later than thirty (30) days following the date submitted and shall be effective as of the date of 11 |
---|
500 | 500 | | application. 12 |
---|
501 | 501 | | (e) The payment standard is equal to the sum of the following: four hundred twenty-five 13 |
---|
502 | 502 | | dollars ($425) (three hundred sixty dollars ($360) for a family residing in subsidized housing) for 14 |
---|
503 | 503 | | the first person; one hundred fifty-nine dollars ($159) for the second person; one hundred thirty-15 |
---|
504 | 504 | | seven dollars ($137) for the third person; and one hundred four dollars ($104) for each additional 16 |
---|
505 | 505 | | person. Effective July 1, 2023, the payment standard for the assistance unit shall be no less than 17 |
---|
506 | 506 | | fifty percent (50%) of the poverty guideline for the comparable assistance unit size as determined 18 |
---|
507 | 507 | | by the U.S. Department of Health and Human Services for calendar year 2023. Thereafter, the 19 |
---|
508 | 508 | | payment standard shall be adjusted in July of each year to be no less than fifty percent (50%) of the 20 |
---|
509 | 509 | | poverty guideline for the comparable assistance unit size as determined by the U.S. Department of 21 |
---|
510 | 510 | | Health and Human Services for that calendar year. 22 |
---|
511 | 511 | | 40-5.2-12. Work requirements for receipt of cash assistance. 23 |
---|
512 | 512 | | (a) The department of human services and the department of labor and training shall assess 24 |
---|
513 | 513 | | the applicant/parent or non-parent caretaker relative’s work experience, educational, and vocational 25 |
---|
514 | 514 | | abilities, and the department, together with the parent, shall develop and enter into a mandatory, 26 |
---|
515 | 515 | | individual employment plan in accordance with § 40-5.2-10(e). 27 |
---|
516 | 516 | | (b) In the case of a family including two (2) parents, at least one of the parents shall be 28 |
---|
517 | 517 | | required to participate in an employment plan leading to full-time employment. The department 29 |
---|
518 | 518 | | may also require the second parent in a two-parent (2) household to develop an employment plan 30 |
---|
519 | 519 | | if, and when, the youngest child reaches six (6) years of age or older. 31 |
---|
520 | 520 | | (c) The written, individual employment plan shall specify, at minimum, the immediate 32 |
---|
521 | 521 | | steps necessary to support a goal of long-term, economic independence. 33 |
---|
522 | 522 | | (d) All applicants and participants in the Rhode Island works employment program must 34 |
---|
523 | 523 | | |
---|
524 | 524 | | |
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525 | 525 | | LC000838 - Page 15 of 21 |
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526 | 526 | | attend and participate in required appointments, employment plan development, and employment-1 |
---|
527 | 527 | | related activities, unless temporarily exempt for reasons specified in this chapter. 2 |
---|
528 | 528 | | (e) A recipient/participant temporarily exempted from the work requirements may 3 |
---|
529 | 529 | | participate in an individual employment plan on a voluntary basis, however, the individual remains 4 |
---|
530 | 530 | | subject to the same program compliance requirements as a participant without a temporary 5 |
---|
531 | 531 | | exemption. 6 |
---|
532 | 532 | | (f) The individual employment plan shall specify the participant’s work activity(ies) and 7 |
---|
533 | 533 | | the supportive services that will be provided by the department to enable the participant to engage 8 |
---|
534 | 534 | | in the work activity(ies). 9 |
---|
535 | 535 | | (g) Work requirements for single-parent families. In single-parent households, the 10 |
---|
536 | 536 | | participant parent or non-parent caretaker relative in the cash assistance payment, shall participate 11 |
---|
537 | 537 | | as a condition of eligibility, for a minimum of twenty (20) hours per week if the youngest child in 12 |
---|
538 | 538 | | the home is under the age of six (6), and for a minimum of thirty (30) hours per week if the youngest 13 |
---|
539 | 539 | | child in the home is six (6) years of age or older, in one or more of their required work activities, 14 |
---|
540 | 540 | | as appropriate, in order to help the parent obtain stable, full-time, paid employment, as determined 15 |
---|
541 | 541 | | by the department of human services and the department of labor and training; provided, however, 16 |
---|
542 | 542 | | that he or she shall begin with intensive employment services as the first step in the individual 17 |
---|
543 | 543 | | employment plan. Required work activities are as follows: 18 |
---|
544 | 544 | | (1) At least twenty (20) hours per week must come from participation in one or more of 19 |
---|
545 | 545 | | the following ten (10) work activities: 20 |
---|
546 | 546 | | (i) Unsubsidized employment; 21 |
---|
547 | 547 | | (ii) Subsidized private-sector employment; 22 |
---|
548 | 548 | | (iii) Subsidized public-sector employment; 23 |
---|
549 | 549 | | (iv) Work experience; 24 |
---|
550 | 550 | | (v) On-the-job training; 25 |
---|
551 | 551 | | (vi) Job search and job readiness; 26 |
---|
552 | 552 | | (vii) Community service programs; 27 |
---|
553 | 553 | | (viii) Vocational educational training not to exceed twelve (12) months; provided, 28 |
---|
554 | 554 | | however, that a participant who successfully completes their first year of education at the 29 |
---|
555 | 555 | | community college of Rhode Island may participate in vocational education training for an 30 |
---|
556 | 556 | | additional twelve (12) months; 31 |
---|
557 | 557 | | (ix) Providing childcare services to another participant parent who is participating in an 32 |
---|
558 | 558 | | approved community service program; and 33 |
---|
559 | 559 | | (x) Adult education in an intensive work-readiness program. 34 |
---|
560 | 560 | | |
---|
561 | 561 | | |
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562 | 562 | | LC000838 - Page 16 of 21 |
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563 | 563 | | (2) Above twenty (20) hours per week, the parent may participate in one or more of the 1 |
---|
564 | 564 | | following three (3) activities in order to satisfy a thirty-hour (30) requirement: 2 |
---|
565 | 565 | | (i) Job skills training directly related to employment; 3 |
---|
566 | 566 | | (ii) Education directly related to employment; and 4 |
---|
567 | 567 | | (iii) Satisfactory attendance at a secondary school or in a course of study leading to a 5 |
---|
568 | 568 | | certificate of general equivalence if it is a teen parent under the age of twenty (20) who is without 6 |
---|
569 | 569 | | a high school diploma or General Equivalence Diploma (GED). 7 |
---|
570 | 570 | | (3) In the case of a parent under the age of twenty (20), attendance at a secondary school 8 |
---|
571 | 571 | | or the equivalent during the month, or twenty (20) hours per week on average for the month in 9 |
---|
572 | 572 | | education directly related to employment, will be counted as engaged in work. 10 |
---|
573 | 573 | | (4) A parent who participates in a work experience or community service program for the 11 |
---|
574 | 574 | | maximum number of hours per week allowable by the Fair Labor Standards Act (FLSA) is deemed 12 |
---|
575 | 575 | | to have participated in his or her required minimum hours per week in core activities if actual 13 |
---|
576 | 576 | | participation falls short of his or her required minimum hours per week. 14 |
---|
577 | 577 | | (5) A parent who has been determined to have a physical or mental impairment affecting 15 |
---|
578 | 578 | | employment, but who has not been found eligible for Social Security Disability benefits or 16 |
---|
579 | 579 | | Supplemental Security Income must participate in his or her rehabilitation employment plan as 17 |
---|
580 | 580 | | developed with the office of rehabilitation services that leads to employment and/or to receipt of 18 |
---|
581 | 581 | | disability benefits through the Social Security Administration. 19 |
---|
582 | 582 | | (6) A required work activity may be any other work activity permissible under federal 20 |
---|
583 | 583 | | TANF provisions or state-defined Rhode Island works program activity, including up to ten (10) 21 |
---|
584 | 584 | | hours of activities required by a parent’s department of children, youth and families service plan. 22 |
---|
585 | 585 | | (h) Exemptions from work requirements for the single-parent family. Work requirements 23 |
---|
586 | 586 | | outlined in subsection (g) shall not apply to a single parent if (and for so long as) the department 24 |
---|
587 | 587 | | finds that he or she is: 25 |
---|
588 | 588 | | (1) Caring for a child below the age of one; provided, however, that a parent may opt for 26 |
---|
589 | 589 | | the deferral from an individual employment plan for a maximum of twelve (12) months during the 27 |
---|
590 | 590 | | twenty-four (24) months of eligibility for cash assistance and provided, further, that a minor parent 28 |
---|
591 | 591 | | without a high school diploma or the equivalent, and who is not married, shall not be exempt for 29 |
---|
592 | 592 | | more than twelve (12) weeks from the birth of the child; 30 |
---|
593 | 593 | | (2) Caring for a disabled family member who resides in the home and requires full-time 31 |
---|
594 | 594 | | care; 32 |
---|
595 | 595 | | (3) A recipient of Social Security Disability benefits or Supplemental Security Income or 33 |
---|
596 | 596 | | other disability benefits that have the same standard of disability as defined by the Social Security 34 |
---|
597 | 597 | | |
---|
598 | 598 | | |
---|
599 | 599 | | LC000838 - Page 17 of 21 |
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600 | 600 | | Administration; 1 |
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601 | 601 | | (4) An individual receiving assistance who is a victim of domestic violence as determined 2 |
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602 | 602 | | by the department in accordance with rules and regulations; 3 |
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603 | 603 | | (5) An applicant for assistance in her third trimester from onset of pregnancy or a pregnant 4 |
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604 | 604 | | woman person in her their third trimester who is a recipient of assistance and has medical 5 |
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605 | 605 | | documentation that she they cannot work; 6 |
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606 | 606 | | (6) An individual otherwise exempt by the department as defined in rules and regulations 7 |
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607 | 607 | | promulgated by the department. 8 |
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608 | 608 | | (i) Work requirement for two-parent families. 9 |
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609 | 609 | | (1) In families consisting of two (2) parents, one or both parents are required, and shall be 10 |
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610 | 610 | | engaged in, work activities as defined below, for an individual or combined total of at least thirty-11 |
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611 | 611 | | five (35) hours per week during the month, not fewer than thirty (30) hours per week of which are 12 |
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612 | 612 | | attributable to one or more of the following listed work activities; provided, however, that he or she 13 |
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613 | 613 | | shall begin with intensive employment services as the first step in the individual employment plan. 14 |
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614 | 614 | | Two-parent work requirements shall be defined as the following: 15 |
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615 | 615 | | (i) Unsubsidized employment; 16 |
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616 | 616 | | (ii) Subsidized private-sector employment; 17 |
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617 | 617 | | (iii) Subsidized public-sector employment; 18 |
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618 | 618 | | (iv) Work experience; 19 |
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619 | 619 | | (v) On-the-job training; 20 |
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620 | 620 | | (vi) Job search and job readiness; 21 |
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621 | 621 | | (vii) Community service program; 22 |
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622 | 622 | | (viii) Vocational educational training not to exceed twelve (12) months; provided, 23 |
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623 | 623 | | however, that a participant who successfully completes their first year of education at the 24 |
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624 | 624 | | community college of Rhode Island may participate in vocational education training for an 25 |
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625 | 625 | | additional twelve (12) months; 26 |
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626 | 626 | | (ix) The provision of childcare services to a participant individual who is participating in a 27 |
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627 | 627 | | community service program; and 28 |
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628 | 628 | | (x) Adult education in an intensive work-readiness program. 29 |
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629 | 629 | | (2) Above thirty (30) hours per week, the following three (3) activities may also count for 30 |
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630 | 630 | | participation: 31 |
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631 | 631 | | (i) Job skills training directly related to employment; 32 |
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632 | 632 | | (ii) Education directly related to employment; and 33 |
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633 | 633 | | (iii) Satisfactory attendance at secondary school or in a course of study leading to a 34 |
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634 | 634 | | |
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635 | 635 | | |
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636 | 636 | | LC000838 - Page 18 of 21 |
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637 | 637 | | certificate of general equivalence. 1 |
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638 | 638 | | (3) A family with two (2) parents, in which one or both parents participate in a work 2 |
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639 | 639 | | experience or community service program, shall be deemed to have participated in core work 3 |
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640 | 640 | | activities for the maximum number of hours per week allowable by the Fair Labor Standards Act 4 |
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641 | 641 | | (FLSA) if actual participation falls short of his or her required minimum hours per week. 5 |
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642 | 642 | | (4) If the family receives childcare assistance and an adult in the family is not disabled or 6 |
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643 | 643 | | caring for a severely disabled child, then the work-eligible individuals must be participating in work 7 |
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644 | 644 | | activities for an average of at least fifty-five (55) hours per week to count as a two-parent family 8 |
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645 | 645 | | engaged in work for the month. 9 |
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646 | 646 | | (5) At least fifty (50) of the fifty-five (55) hours per week must come from participation in 10 |
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647 | 647 | | the activities listed in subsection (i)(1). 11 |
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648 | 648 | | Above fifty (50) hours per week, the three (3) activities listed in subsection (i)(2) may also 12 |
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649 | 649 | | count as participation. 13 |
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650 | 650 | | (6) A family with two (2) parents receiving child care in which one or both parents 14 |
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651 | 651 | | participate in a work experience or community service program for the maximum number of hours 15 |
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652 | 652 | | per week allowable by the Fair Labor Standards Act (FLSA) will be considered to have met their 16 |
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653 | 653 | | required core hours if actual participation falls short of the required minimum hours per week. For 17 |
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654 | 654 | | families that need additional hours beyond the core activity requirement, these hours must be 18 |
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655 | 655 | | satisfied in some other TANF work activity. 19 |
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656 | 656 | | (j) Exemptions from work requirements for two-parent families. Work requirements 20 |
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657 | 657 | | outlined in subsection (i) shall not apply to two-parent families if (and for so long as) the department 21 |
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658 | 658 | | finds that: 22 |
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659 | 659 | | (1) Both parents receive Supplemental Security Income (SSI); 23 |
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660 | 660 | | (2) One parent receives SSI, and the other parent is caring for a disabled family member 24 |
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661 | 661 | | who resides in the home and who requires full-time care; or 25 |
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662 | 662 | | (3) The parents are otherwise exempt by the department as defined in rules and regulations. 26 |
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663 | 663 | | (k) Failure to comply with work requirements — Sanctions and terminations. 27 |
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664 | 664 | | (1) The cash assistance to which an otherwise eligible family/assistance unit is entitled 28 |
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665 | 665 | | under this chapter shall be reduced for three (3) months, whether or not consecutive, in accordance 29 |
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666 | 666 | | with rules and regulations promulgated by the department, whenever any participant, without good 30 |
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667 | 667 | | cause as defined by the department in its rules and regulations, has failed to enter into an individual 31 |
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668 | 668 | | employment plan; has failed to attend a required appointment; has refused or quit employment; or 32 |
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669 | 669 | | has failed to comply with any other requirements for the receipt of cash assistance under this 33 |
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670 | 670 | | chapter. The reduction in cash assistance shall not exceed the share of the payment made to the 34 |
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671 | 671 | | |
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672 | 672 | | |
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673 | 673 | | LC000838 - Page 19 of 21 |
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674 | 674 | | participant, i.e., the amount paid in addition to the payment for the dependent children. If the 1 |
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675 | 675 | | family’s benefit has been reduced, benefits shall be restored to the full amount beginning with the 2 |
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676 | 676 | | initial payment made on the first of the month following the month in which the parent: (i) Enters 3 |
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677 | 677 | | into an individual employment plan or rehabilitation plan and demonstrates compliance with the 4 |
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678 | 678 | | terms thereof; or (ii) Demonstrates compliance with the terms of his or her existing individual 5 |
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679 | 679 | | employment plan or rehabilitation plan, as such plan may be amended by agreement of the parent 6 |
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680 | 680 | | and the department. 7 |
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681 | 681 | | (2) In the case where appropriate child care has been made available in accordance with 8 |
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682 | 682 | | this chapter, a participant’s failure, without good cause, to accept a bona fide offer of work, 9 |
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683 | 683 | | including full-time, part-time, and/or temporary employment, or unpaid work experience or 10 |
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684 | 684 | | community service, shall be deemed a failure to comply with the work requirements of this section 11 |
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685 | 685 | | and shall result in reduction or termination of cash assistance, as defined by the department in rules 12 |
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686 | 686 | | and regulations duly promulgated. 13 |
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687 | 687 | | (3) If the family/assistance unit’s benefit has been reduced for a total of three (3) months, 14 |
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688 | 688 | | whether or not consecutive in accordance with this section due to the failure by one or more parents 15 |
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689 | 689 | | to enter into an individual employment plan, or failure to comply with the terms of his or her 16 |
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690 | 690 | | individual employment plan, or the failure to comply with the requirements of this chapter, cash 17 |
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691 | 691 | | assistance to the entire family shall end. The family/assistance unit may reapply for benefits, and 18 |
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692 | 692 | | the benefits shall be restored to the family/assistance unit in the full amount the family/assistance 19 |
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693 | 693 | | unit is otherwise eligible for under this chapter beginning on the first of the month following the 20 |
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694 | 694 | | month in which all parents in the family/assistance unit who are subject to the employment or 21 |
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695 | 695 | | rehabilitation plan requirements under this chapter: (i) Enter into an individual employment or 22 |
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696 | 696 | | rehabilitation plan as applicable, and demonstrate compliance with the terms thereof, or (ii) 23 |
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697 | 697 | | Demonstrate compliance with the terms of the parent’s individual employment or rehabilitation 24 |
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698 | 698 | | employment plan in effect at the time of termination of benefits, as such plan may be amended by 25 |
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699 | 699 | | agreement of the parent and the department. 26 |
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700 | 700 | | (4) Up to ten (10) days following a notice of adverse action to reduce or terminate benefits 27 |
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701 | 701 | | under this subsection, the client may request the opportunity to meet with a social worker to identify 28 |
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702 | 702 | | the reasons for non-compliance, establish good cause, and seek to resolve any issues that have 29 |
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703 | 703 | | prevented the parent from complying with the employment plan requirements. 30 |
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704 | 704 | | (5) Participants whose cases had closed in sanction status pursuant to Rhode Island’s prior 31 |
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705 | 705 | | Temporary Assistance for Needy Families Program (federal TANF described in Title IV-A of the 32 |
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706 | 706 | | federal Social Security Act, 42 U.S.C. § 601 et seq.), the family independence program, more 33 |
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707 | 707 | | specifically, § 40-5.1-9(2)(c) [repealed], due to failure to comply with the cash assistance program 34 |
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708 | 708 | | |
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709 | 709 | | |
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710 | 710 | | LC000838 - Page 20 of 21 |
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711 | 711 | | requirements, but who had received less than forty-eight (48) months of cash assistance at the time 1 |
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712 | 712 | | of closure, and who reapply for cash assistance under the Rhode Island works program, must 2 |
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713 | 713 | | demonstrate full compliance, as defined by the department in its rules and regulations, before they 3 |
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714 | 714 | | shall be eligible for cash assistance pursuant to this chapter. 4 |
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715 | 715 | | (l) Good cause. Good cause for failing to meet any program requirements including leaving 5 |
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716 | 716 | | employment, and failure to fulfill documentation requirements, shall be outlined in rules and 6 |
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717 | 717 | | regulations promulgated by the department of human services. 7 |
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718 | 718 | | SECTION 2. This act shall take effect upon passage. 8 |
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719 | 719 | | ======== |
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720 | 720 | | LC000838 |
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721 | 721 | | ======== |
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722 | 722 | | |
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723 | 723 | | |
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724 | 724 | | LC000838 - Page 21 of 21 |
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725 | 725 | | EXPLANATION |
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726 | 726 | | BY THE LEGISLATIVE COUNCIL |
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727 | 727 | | OF |
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728 | 728 | | A N A C T |
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729 | 729 | | RELATING TO HUMAN SE RVICES -- THE RHODE ISLAND WOR KS PROGRAM |
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730 | 730 | | *** |
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731 | 731 | | This act would amend the Rhode Island Works Program to provide eligibility for benefits 1 |
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732 | 732 | | for pregnant persons from the onset of pregnancy, and allow lawful permanent residents to receive 2 |
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733 | 733 | | benefits without a waiting period. This act would also increase the monthly cash benefit to fifty 3 |
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734 | 734 | | percent (50%) of the federal poverty level effective July 1, 2023, and would provide for a yearly 4 |
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735 | 735 | | cost of living increase by maintaining the benefit at not less than fifty percent (50%) of the federal 5 |
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736 | 736 | | poverty level. This act would also repeal the termination of benefits to a family because of failure 6 |
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737 | 737 | | of a family member to enter into or comply with an individual employment plan, which is 7 |
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738 | 738 | | sometimes referred to as a “full family sanction”. 8 |
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739 | 739 | | This act would take effect upon passage. 9 |
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740 | 740 | | ======== |
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741 | 741 | | LC000838 |
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742 | 742 | | ======== |
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