Rhode Island Works Program Rules and Regulations, Section 1400 through 1436


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Title 218 Department of Human Services
Chapter 20 Individual and Family Support Programs
Subchapter 00 N/A
Part 2 Rhode Island Works Program Rules and Regulations, Section 1400 through 1436
Type of Filing Amendment
Regulation Status Inactive
Effective 08/30/2011 to 12/28/2011

Regulation Authority:

RIGL 40-5.2 and 40-6

Purpose and Reason:

This rule is being filed under emergency rule making for 120 days due to unforeseen issues preventing our ability to file an extension to the original emergency filed on 5/2/2011. In the spirit of emergency rule making provisions, this rule will be recognized for 90 days as it would if the extension were filed yesterday. This rule includes revisions to increase initial hardship extensions to be granted in six month increments with additional three month increments available when eligibility for hardship exists (lifting the twelve (12) month cap on hardship extensions). This rule provides guidance for recipients to claim good cause for lack of compliance with employment plans while in hardship as well as provides guidance to recipients for good faith efforts to demonstrate compliance. Collaborative language was added to support interdepartmental collaboration with developing plans with families that support individual work readiness as well as vocational needs. Language was added to further define cooperation with the Office of Child Support Services when assistance is requested for an eligible child. Revisions further include language to support the referral of ineligible parents/relative caretakers due to lack of citizenship/immigrant status to the International Institute as an approved activity to determine whether or not there is a pathway to legal status. Procedures for the replacement of EBT cards, exclusion of Federal EITC and tax refund consistent with PL 111-312, recovery of overpayments and timeframes for adverse actions were clarified. The definition section includes a detailed definition of homeless and guidance around determining homelessness.

Brief statement of Reason for Finding Imminent Peril:

The Department is filing this rule under emergency procedures to replace the May 2, 2011 rule effective today off the 3/3/2011 DHS notice to public regarding previous rule−making for Rhode Island Works Program Rules and Regulations, Section 1400 through 1436. The emergency adoption of this rule is in response to comments received from the public to maintain the existing hardship procedures and to explore the scope of policy options and revisions with key stakeholders. Revisions reflected in the emergency filing outside of the scope of hardship are in support of the provisions detailed in the statement above. An extension to the emergency is being filed to allow further time to work collaboratively on the process of revised rules.