[Code of Federal Regulations]

[Title 45, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR400.45]



[Page 352-353]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER IV--OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN 

          AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 400_REFUGEE RESETTLEMENT PROGRAM--Table of Contents

 

                    Subpart E_Refugee Cash Assistance

 

Sec.  400.45  Requirements for the operation of an AFDC-type RCA program.



    Source: 65 FR 15443, Mar. 22, 2000 unless otherwise noted.





    This section applies to a State's RCA program that follows the 

State's rules under the Aid to Families with Dependent Children (AFDC) 

program under title IV-A of the Social Security Act, prior to amendment 

by Public Law 104-33. A State must continue to apply these rules to its 

RCA program until it implements a new RCA program under Sec.  400.56 or 

Sec.  400.65. A State that receives an approved waiver under Sec.  

400.300 to continue an AFDC-type RCA program must follow the rules in 

this section.

    (a) Recovery of overpayments and correction of underpayments. The 

State agency must comply with regulations at Sec.  233.20(a)(13) of this 

title governing recovery of overpayments and correction of underpayments 

in the AFDC program.

    (b) Opportunity to apply for cash assistance. (1) A State must 

provide any individual wishing to do so, an opportunity to apply for 

cash assistance and must determine the eligibility of each applicant.

    (2) In determining eligibility for cash assistance, the State must--

    (i) Comply with the regulations at part 206 of this title governing 

applications, determinations of eligibility, and furnishing assistance 

under public assistance programs, as applicable to the AFDC program;

    (ii) Determine eligibility for other cash assistance programs in 

accordance with Sec.  400.51; and

    (iii) Comply with regulations at Sec.  400.54(a)(3) and 400.68.

    (c) Emergency cash assistance to refugees--A State must comply with 

the regulations at Sec.  400.52.

    (d) General eligibility requirements--A State must comply with the 

regulations at Sec.  400.53.

    (e) Consideration of income and resources. In considering the income 

and resources of applicants for and recipients of refugee cash 

assistance, the State agency must:



[[Page 353]]



    (1) Apply the regulations at Sec.  233.20(a)(3) through (2) of this 

title for considering income and resources of AFDC applicants; and

    (2) Apply the regulations at Sec.  400.66(b) through (d).

    (f) Need standards and payment levels. (1) In determining need for 

refugee cash assistance, a State agency must use the State's AFDC need 

standards established under Sec.  233.20(a)(1) and (2) of this title.

    (2) In determining the amount of the refugee cash assistance payment 

to an eligible refugee who meets the standards in paragraph (f)(1) of 

this section and applying the consideration of income and resources in 

paragraph (e) of this section and in Sec.  400.66(b) through (d), a 

State must pay 100 percent of the payment level which would be 

appropriate for an eligible filing unit of the same size under the AFDC 

program.

    (3) The State agency may use the date of application as the date 

refugee cash assistance begins in order to provide payments quickly to 

newly arrived refugees.

    (g) Proration of shelter, utilities, and similar needs--If a State 

prorated allowances for shelter, utilities, and similar needs in its 

AFDC program under Sec.  233.20(a)(5) of this title, it must prorate 

such allowances in the same manner in its refugee assistance programs.

    (h) Other AFDC requirements applicable to refugee cash assistance--

In administering the program of refugee cash assistance, the State 

agency must also apply the following AFDC regulations in this title:

    233.31 Budgeting methods for AFDC.

    233.32 Payment and budget months (AFDC).

    233.33 Determining eligibility prospectively for all payment months 

(AFDC).

    233.34 Computing the assistance payment in the initial one or two 

months (AFDC).

    233.35 Computing the assistance payment under retrospective 

budgeting after the initial one or two months (AFDC).

    233.36 Monthly reporting (AFDC)--which shall apply to recipients of 

refugee cash assistance who have been in the United States more than 6 

months.

    233.37 How monthly reports are treated and what notices are required 

(AFDC).

    235.110 Fraud.



                                 General