Citizenship and Alien Status - Immigrant Eligibility Restrictions for the Temporary Assistance for Needy Families (TANF) and Medical Assistance Programs
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Citizenship and Alien Status - Immigrant Eligibility Restrictions for the Temporary Assistance for Needy Families (TANF) and Medical Assistance Programs

Revised July 8, 2009

Purpose: This section provides information on how an alien's immigration status affects their eligibility for Temporary Assistance for Needy Families (TANF) and medical benefits, including non-emergency Medicaid and the state children’s health insurance program (SCHIP).
WAC 388-424-0010Citizenship and alien status - Eligibility restrictions for TANF, nonemergency medicaid, and SCHIP. (Emergency rule effective 4/24/09)

WAC 388-424-0010

WAC 388-424-0010

Effective August 1, 2008

WAC 388-424-0010 Citizenship and alien status - Eligibility restrictions for TANF, nonemergency medicaid, and SCHIP. (Emergency rule effective 4/24/09)

1.      To receive TANF, nonemergency medicaid, or SCHIP, you must meet all other eligibility requirements and be one of the following as defined in WAC 388-424-0001:

a.      A U.S. citizen; 

b.      A U.S. national;

c.      An American Indian born outside the U.S.;

d.      A “qualified alien”;

e.      A victim of trafficking;

f.        A Hmong or Highland Lao; or

g.      A Special Immigrant from  Iraq or Afghanistan eligible for eight months of federally‑funded assistance from your date of entry into the United States  or from the date you received Special Immigrant status.

 

2.      A “qualified alien” who first physically entered the U.S. before August 22, 1996 as described in WAC 388-424-0006 (1)  may receive TANF, non-emergency medicaid, and SCHIP.

3.      A “qualified alien” who first physically entered the U.S. on or after August 22, 1996 cannot receive TANF, non-emergency Medicaid, or SCHIP for five years after obtaining status as a qualified alien, unless:

a.    He or she is an alien as described in WAC 388-424-0006 (4);  or

b.    He or she is an alien as described in WAC 388-424-0006 (5)  applying for nonemergency medicaid or SCHIP.

4.    An alien who is ineligible for TANF because of the five-year bar or because of their immigration status may be eligible for:

a.    Emergency benefits as described in WAC 388-436-0015 (consolidated emergency assistance program) and WAC 388-438-0110  (alien emergency medical program); or

b.      State-funded cash or chemical dependency benefits as described in WAC 388-424-0015 (SFA, GA, and ADATSA) and medical benefits as described in WAC 388-424-0016  ; or

c.      Pregnancy medical benefits as described in WAC 388-462-0015  ; or

d.      Children’s healthcare benefits  as described in WAC 388-505-0210.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

CLARIFYING INFORMATION

  1. Immigrants who are not eligible for the federal TANF and medical programs should be considered for the state programs. They should also be provided information about naturalization assistance offered by the Department through contractors. For information on the Department’s naturalization assistance program, see the Social Services Manual, SSI Facilitation – Facilitation Process – SSI Facilitation Process.

  2. Immigrants from Iraq or Afghanistan who were granted Special Immigrant status under section 101 (a)(27) of the INA are eligible for refugee assistance and federally funded benefits such as TANF, Basic Food and Medicaid. Their eligibility period starts from the date of entry into the United States or, if it ocurrred after the U.S. entry, the date the Special Immigrant status was granted as indicated on the I-551 (green card).

Special Immigrants from Iraq  and Afghanistan are eligible for 8 months of TANF, Basic Food, Medicaid, RCA and RMA from their date of entry into the United States. 

 

For more guidance on documentation requirements and benefits eligibility for Special Immigrants from Iraq and Afghanistan, please see Desk Aid "Implementing Short-Term Benefits to Iraqi and Afghan Special Immigrants " document.

If you have any questions regarding eligibility or on how to process a case, please contact Tom Berry or Olga Walker, in the CSD Office of Programs and Policy.

Tom (360) 725-4617 or by e-mail at berrytj@dshs.wa.gov

Olga (360) 725-4641 or by e-mail at walkeop@dshs.wa.gov

WORKER RESPONSIBILITIES

  1. Gather all the information necessary to determine eligibility as described in WAC 388-424-0001, WAC 388-424-0006, WAC 388-424-0007, WAC 388-424-0008, and WAC 388-424-0009. Document immigration status, date of entry, armed service/veteran status, work quarters, and SSN information in ACES. Inform any client who is subject to the five-year bar of the expiration date of their five-year bar and of the need to inform the Department if family members become citizens (including parents who have children under 18).

  2. For aliens who have an Affidavit of Support form (I-864) filled out on their behalf, be sure to determine work quarters and citizenship status. If the affidavit is still in effect:

    1. See WAC 388-450-0155 and WAC 388-450-0156  to determine if sponsor deeming applies;

    2. See WAC 388-450-0160  for treatment of the sponsor's income; and

    3. See WAC 388-470-0060  for treatment of the sponsor's resources.

ACES PROCEDURES

Alien Emergency Medical

See Medical - Alien

See TANF Processing for Special Immigrants

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Modification Date: July 8, 2009
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