TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 115
REFUGEE/REPATRIATE PROGRAM
SECTION 115.1 INCORPORATION BY REFERENCE
Section 115.1 Incorporation
By Reference
Any rules or regulations of an
agency of the United States or of a nationally recognized organization or
association that are incorporated by reference in this Part are incorporated as
of the date specified, and do not include any later amendments or editions.
(Source: Added at 13 Ill. Reg. 3932, effective March 10, 1989)
 | TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 115
REFUGEE/REPATRIATE PROGRAM
SECTION 115.10 GENERAL PROVISIONS
Section 115.10 General
Provisions
a) The Department administers the Refugee Resettlement Program
(RRP) and the Repatriate Program in Illinois. These programs are fully funded
by grants provided by the federal government. The administration and
authorization of assistance under any of these programs is limited to a period
of time established by the federal government based on available federally
appropriated funds for the year. The administration and authorization of
assistance under any of these programs ceases if the Department is not authorized
to request and receive federal funds for the purpose of providing assistance
under these programs.
b) For the Refugee Resettlement Program assistance shall be
authorized on the basis of the Temporary Assistance for Needy Families (TANF)
Payment Level (see 89 Ill. Adm. Code 112). The following case compositions
define the level of issuance:
1) Adult. A single adult is a person who is ineligible as a
child, or married and living with his/her spouse, or a minor parent (or
caretaker) of a child. Full-time college students, age 18 or over, do not
qualify for cash benefits.
2) Family cases, which must include at least one eligible child.
The child must be under age 18 or age 18 and a full-time student in high
school. Only the following adults may be included:
A) A specified relative of the child and the spouse of the
specified relative; or
B) The legal guardian of child and the spouse of the legal
guardian; or
C) The unrelated caretaker of a child and the spouse of the
unrelated caretaker.
c) Resources are not considered for either cash or medical only
cases.
d) For the Refugee Resettlement Program, assistance may not
ordinarily be furnished for more than the established period of time after the
date of entry. For persons granted asylum, the established period of time
starts with the date asylum was granted.
e) The following provisions are applicable to the RRP:
1) To be eligible for RRP, a family or individual(s) must be
ineligible for categorical assistance (TANF, Aid to the Aged, Blind or Disabled
(AABD), and related Medical Assistance No Grant (MANG) programs);
2) The individuals must avail themselves of all potential income
sources, including application for and acceptance of Supplemental Security
Income (SSI) and categorical assistance;
3) The following provisions of the TANF program (see 89 Ill. Adm.
Code 112) are applicable to the RRP:
A) Client and Department rights and responsibilities. Refugees or
parolees who are potentially eligible for SSI must apply for SSI.
B) Application for assistance (not eligible for $100 compensatory
payment or Presumptive Eligibility (PE) authorization). All adults must sign
the application. Cash benefits start with the date of application.
C) Residence.
D) Client Cooperation.
E) Furnishing of Social Security Numbers.
F) Income. For RRP medical, initial eligibility is based on
income on the date of application. Earnings from employment that start after
the date of application do not count for RRP medical.
G) Support from responsible relatives (Non-Title IV-D provisions)
(42 USC 651 et seq.).
H) Personal Injury.
I) Other financial benefits (i.e., the child care for work and
training and other benefits described in 89 Ill. Adm. Code 112.308).
J) Standards:
For a single
adult case, the following payment levels apply:
i) Group I Counties
$243 monthly
ii) Group II Counties
$233 monthly
iii) Group III Counties
$198 monthly.
K) Special authorizations.
L) Medical Assistance standard (use the MANG(C) standard if
Medical Assistance only is authorized; for a household of one, the Medical-Only
Standard is $283/month).
M) Case Records.
N) Medical Services.
O) Funeral and Burials.
P) Incorrect Payments.
Q) Special Projects.
R) Crisis Assistance Programs (family cases only).
S) Replacement of lost or stolen warrants; and
4) In family cases, the parent (or other responsible person
making application) is to be designated as the payee. In adult cases, the
recipient is to be the payee.
f) Individuals receiving assistance under these programs are
eligible to participate in the food stamp program if they meet the eligibility
requirements of the food stamp Program.
(Source: Amended at 38 Ill.
Reg. 4468, effective January 29, 2014)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 115
REFUGEE/REPATRIATE PROGRAM
SECTION 115.20 THE CUBAN PHASEDOWN PROGRAM (REPEALED)
Section 115.20 The Cuban
Phasedown Program (Repealed)
(Source: Repealed at 7 Ill. Reg. 16109, effective November 22, 1983)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 115
REFUGEE/REPATRIATE PROGRAM
SECTION 115.30 THE REFUGEE RESETTLEMENT PROGRAM
Section 115.30 The Refugee
Resettlement Program
a) The Refugee Resettlement Program (RRP) provides for the
authorization of assistance (financial and medical or medical only) for
eligible needy refugees and asylees from any nation, for Cuban/Haitian
Entrants, and for certain Amerasian immigrants from Vietnam (and their close
family members) as determined by the Department of Homeland Security (DHS).
b) In order to be eligible to be included in a Refugee
Resettlement assistance unit, an individual must be a refugee, admitted into
the United States U.S. as a refugee or granted asylum, or be an Amerasian born
in Vietnam between January 1, 1962, and January 1, 1976, (or a close family
member of such an Amerasian) and admitted to the U.S. as an immigrant under the
Orderly Departure Program (P.L. 96-212) on March 20, 1988, or be a
Cuban/Haitian Entrant admitted on or after April 21, 1980, or be an Afghani or
Iraqi immigrant with special immigrant status under Section 101(a)(27) of the
Immigration and Nationality Act (INA).
c) Assistance is limited to a period of time established by the
federal government based on available federally appropriated funds for the
year. The period of time begins with the first month the person entered the
U.S., except for asylees, whose period begins with the date asylum was granted.
Individuals whose established period of time has expired may be eligible for
State Family and Children Assistance or Transitional Assistance.
d) A child born to refugee parents may be included in the
assistance unit even though the child was born in the U.S., as long as both
parents are refugees.
(Source: Amended by
peremptory rulemaking at 32 Ill. Reg. 18088, effective November 15, 2008)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 115
REFUGEE/REPATRIATE PROGRAM
SECTION 115.32 REFUGEE RESETTLEMENT PROGRAM: APPLICATION FOR ASSISTANCE
Section 115.32 Refugee
Resettlement Program: Application for Assistance
a) As part of the regular process of determining a refugee's
eligibility for assistance, the Department shall contact the Voluntary
Sponsoring Agency (e.g., Catholic Charities, World Relief, etc.) or its local
affiliate in the area which sponsored the refugee and inform such Sponsor that
the refugee has applied for assistance or is receiving assistance. The
Department shall also request from the Voluntary Sponsoring Agency or its local
affiliate the following information:
1) what assistance the Sponsor is providing to the refugee; and
2) whether the refugee or anyone in his family has without good
cause refused to apply for a job, refused an offer of employment, voluntarily
quit a job, or refused job skill training or English language training within
the last 30 days (see Section 115.39 for definition of good cause and Section
115.34 for appropriate work and training criteria).
b) An applicant who is not exempt from work registration/
participation requirements (as defined in Section 115.36) is not eligible for
refugee assistance for 30 days after quitting a job or refusing to apply for a
job or refusing to accept an appropriate offer of employment as determined by
the Department and/or the VOLAG. Only the nonexempt applicant shall be
ineligible for assistance.
(Source: Amended at 25 Ill. Reg. 8763, effective July 2, 2001)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 115
REFUGEE/REPATRIATE PROGRAM
SECTION 115.33 REFUGEE RESETTLEMENT PROGRAM: FURNISHING OF SOCIAL SECURITY NUMBERS
Section 115.33 Refugee
Resettlement Program: Furnishing of Social Security Numbers
To be eligible for RRP financial
assistance, each individual must furnish the Department his/her Social Security
Number (SSN). If any individual has more than one SSN, the individual must
furnish all numbers.
(Source: Added at 9 Ill. Reg. 2296, effective February 5, 1985)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 115
REFUGEE/REPATRIATE PROGRAM
SECTION 115.34 REFUGEE RESETTLEMENT PROGRAM: WORK REGISTRATION/ PARTICIPATION REQUIREMENTS
Section 115.34 Refugee
Resettlement Program: Work Registration/ Participation Requirements
a) As a condition of eligibility for refugee cash assistance, all
nonexempt adult refugees under age 60 must register for employment with the
Refugee Job Placement Agency if there is one in the area designated by the
Refugee Job Placement Agency, or with Job Service if there is no Refugee Job
Placement Agency.
b) After registration is completed, a nonexempt individual is
required to participate by:
1) continuing employment;
2) responding to an appropriate job referral (see subsection (c)
of this Section);
3) accepting an appropriate offer of employment (see subsection
(c) of this Section);
4) participating in English language training if working less
than 100 hours per month if available and appropriate as determined by VOLAG;
and
5) participating in job skill training if working less than 100
hours per month if available and appropriate as determined by VOLAG.
c) Appropriate work training must meet the following criteria:
1) Work may be temporary, permanent, full time, part time or
seasonal.
2) The wage shall meet or exceed the Federal and State minimum
wage or the sub-minimum training wage for persons under age 18.
3) The daily hours of work and the weekly hours of work shall not
exceed those customary to the occupation (as defined at Section 1 et seq. of
the "Eight Hour Work Day Act" [820 ILCS 145].
4) Based on an assessment of the client's educational background,
employment history and training, the job or training assignment must be within
the physical and mental capability of the individual to perform the task on a
regular basis.
5) The total daily commuting time to and from the work or
training site shall not exceed two hours. This does not include time required
to take a child to and from a child care facility.
6) The work or training site to which the individual is assigned
must not have been cited by the appropriate regulatory agency as having
violated Federal, State, or local health and safety standards.
(Source: Amended at 25 Ill. Reg. 8763, effective July 2, 2001)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 115
REFUGEE/REPATRIATE PROGRAM
SECTION 115.36 REFUGEE RESETTLEMENT PROGRAM: INDIVIDUALS EXEMPT FROM MANDATORY WORK REGISTRATION/PARTICIPATION REQUIREMENTS
Section 115.36 Refugee
Resettlement Program: Individuals Exempt From Mandatory Work
Registration/Participation Requirements
An individual is exempt from
work registration/participation requirements when that individual is:
a) a child in the case;
b) a person who is ill, incapacitated, or age 60 or over;
c) a person whose presence in the home is required because of
illness or incapacity of another member of the household;
d) the parent or other caretaker (as defined at 89 Ill. Adm. Code
101) of a child under the age of one who is caring for the child; or
e) employed full time (i.e., 30 hours or more per week).
AGENCY NOTE: Full time college students age 18 or over are
not eligible for cash assistance. (Individuals attending job skill training or
English language classes expected to last less than one year are not considered
full time college students).
AGENCY NOTE: Inability to speak
English does not make the refugee exempt from work registration/participation
requirements.
(Source: Amended at 25 Ill. Reg. 8763, effective July 2, 2001)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 115
REFUGEE/REPATRIATE PROGRAM
SECTION 115.37 REFUGEE RESETTLEMENT PROGRAM: COUNSELING (REPEALED)
Section 115.37 Refugee
Resettlement Program: Counseling (Repealed)
(Source: Repealed at 9 Ill. Reg. 2296, effective February 5, 1985)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 115
REFUGEE/REPATRIATE PROGRAM
SECTION 115.38 REFUGEE RESETTLEMENT PROGRAM: SANCTIONS FOR FAILURE TO COOPERATE WITH WORK REQUIREMENTS
Section 115.38 Refugee
Resettlement Program: Sanctions For Failure to Cooperate With Work
Requirements
a) A nonexempt recipient who, without good cause, quits an
appropriate job, refuses to apply for an appropriate job or refuses to accept
an appropriate offer of employment will have his/her case cancelled or will be
deleted from the assistance unit, as appropriate. The person is ineligible for
Refugee cash assistance until he/she registers for work and requests restored
benefits for the first failure to cooperate. For the second failure to
cooperate, the person is ineligible for 3 payment months or until he or she
cooperates, whichever is longer. For the third failure to cooperate, the
person is ineligible for the remainder of the RRP period. An employable
recipient working less than 100 hours per month must participate in English
language training or skill training if it is available and appropriate as
determined by VOLAG, or be sanctioned. The sanction will begin on the first
day of the next fiscal month.
b) Following the sanction period, assistance cannot be restored
until the client applies for assistance and registers with the Refugee Job
Placement Agency or Job Service. The client can register with the Refugee Job
Placement Agency or with Job Service up to 30 days before the last day of the
sanction period.
c) The Refugee Job Placement Agency and the Voluntary Sponsoring
Agency have primary responsibility for determining when a refugee has quit an
appropriate job, refused to apply for an appropriate job or refused job skill
training or English language training. However, if the local office becomes aware
that a client has quit a job, refused to apply for a job, refused to accept a
job or refused training, the local office must make the decision regarding
appropriateness of job or training and make the decision to sanction if
reconciliation is not successful.
(Source: Amended at 25 Ill. Reg. 8763, effective July 2, 2001)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 115
REFUGEE/REPATRIATE PROGRAM
SECTION 115.39 REFUGEE RESETTLEMENT PROGRAM: GOOD CAUSE FOR FAILURE TO COOPERATE
Section 115.39 Refugee
Resettlement Program: Good Cause For Failure to Cooperate
Good cause for failure to
cooperate includes, but is not limited to:
a) illness or incapacity;
b) court required appearance or temporary incarceration;
c) family crisis;
d) lack of suitable child care;
e) inclement weather; or
f) the job referral does not meet appropriate work or training
criteria.
(Source: Added at 9 Ill. Reg. 2296, effective February 5, 1985)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 115
REFUGEE/REPATRIATE PROGRAM
SECTION 115.40 THE CUBAN/HAITIAN/ENTRANT (STATUS PENDING) PROGRAM (REPEALED)
Section 115.40 The
Cuban/Haitian/Entrant (Status Pending) Program (Repealed)
(Source: Repealed at 25 Ill. Reg. 8763, effective July 2, 2001)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 115
REFUGEE/REPATRIATE PROGRAM
SECTION 115.50 THE REPATRIATE PROGRAM
Section 115.50 The
Repatriate Program
a) The Repatriate Program provides for the authorization of
assistance (financial and medical) for eligible needy U.S. citizens and their
dependents who have been returned to the U.S. from a foreign country by the
U.S. Department of State because of destitution, illness, war, threat of war,
invasion or other crisis.
b) To be eligible for assistance under the Repatriate Program, an
individual or family must have been referred to the Department by U.S.
Department of Health and Human Services. The local office is responsible for
determination of financial eligibility.
c) Assistance shall be authorized on the basis of the TANF
Payment level. The following case compositions define the level of issuance:
1) single adult (age 18 or older);
2) families of adults;
3) adult or adults with child or children; or
4) child or children only.
d) Resources to be considered in all situations are those
immediately available for use at the time financial assistance is needed.
Available resources are to be considered when they are in existence, the value
is ascertainable, they are under the control of the recipient and can be drawn
upon for maintenance.
e) Assistance may not ordinarily be furnished for more than 90
days. If an individual is handicapped in attaining self-support for such
reasons as age, disability, or lack of vocational preparation, authorization of
a maximum of nine months additional assistance may be requested from the
Department of Health and Human Services. The person requesting assistance is expected
to repay the amount of the assistance when financially able to do so. Case
records and case recordings shall be maintained.
(Source: Amended at 25 Ill. Reg. 8763, effective July 2, 2001)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER b: ASSISTANCE PROGRAMS
PART 115
REFUGEE/REPATRIATE PROGRAM
SECTION 115.60 SPECIAL PROVISIONS RELATING TO PAROLEES
Section 115.60 Special
Provisions Relating to Parolees
a) Where appropriate, federal governmental officials provide that
parolees (aliens not otherwise admissable who have been paroled into the U.S.
by the discretion of the U.S. government) may be found eligible for all
benefits available to refugees in the RRP. Aliens paroled into the U.S. are
considered living in the U.S. under color of law.
b) The following federally funded programs have been so
specifically designated by appropriate federal officials:
1) TANF Cash and Medical
2) Food Stamps
3) AABD MAG and MANG
4) General Assistance
(Source: Amended at 25 Ill. Reg. 8763, effective July 2, 2001)
AUTHORITY: Implementing and authorized by Sections 12-4.5, 12-4.6 and 12-13 of the Illinois Public Aid Code [305 ILCS 5/12-4.5, 12-4.6 and 12-13].
SOURCE: Filed and effective December 30, 1977; emergency amendment at 2 Ill. Reg. 28, p. 2, effective June 1, 1978, for a maximum of 150 days; amended at 2 Ill. Reg. 48, p. 60, effective November 25, 1978; amended at 5 Ill. Reg. 2786, effective March 3, 1981; amended at 5 Ill. Reg. 7071, effective June 23, 1981; amended at 6 Ill. Reg. 11921, effective September 21, 1982; codified at 7 Ill. Reg. 5195; amended at 7 Ill. Reg. 16109, effective November 22, 1983; amended at 8 Ill. Reg. 6804, effective May 3, 1984; amended at 9 Ill. Reg. 2296, effective February 5, 1985; amended at 13 Ill. Reg. 3932, effective March 10, 1989; amended at 13 Ill. Reg. 13631, effective August 14, 1989; amended at 14 Ill. Reg. 773, effective January 1, 1990; amended at 14 Ill. Reg. 10438, effective June 20, 1990; amended at 16 Ill. Reg. 10291, effective June 19, 1992; amended at 18 Ill. Reg. 17671, effective November 30, 1994; amended at 20 Ill. Reg. 11484, effective August 9, 1996; recodified from the Department of Public Aid to the Department of Human Services at 21 Ill. Reg. 9322; emergency amendment at 25 Ill. Reg. 3046, effective February 8, 2001, for a maximum of 150 days; amended at 25 Ill. Reg. 8763, effective July 2, 2001; peremptory amendment at 32 Ill. Reg. 18088, effective November 15, 2008; emergency amendment at 33 Ill. Reg. 5018, effective March 19, 2009, for a maximum of 150 days; emergency expired August 15, 2009; amended at 33 Ill. Reg. 12795, effective September 4, 2009; emergency amendment at 37 Ill. Reg. 15416, effective September 9, 2013, for a maximum of 150 days; amended at 38 Ill. Reg. 4468, effective January 29, 2014.
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