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 April 2, 2008

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 388-424-0010 Citizenship and alien status - Eligibility restrictions for the temporary assistance for needy families program and medical benefits, including non-emergency Medicaid and the State Childrens Health Insurance Program (SCHIP)

WAC 388-424-0010
WAC 388-424-0010
Effective August 1, 2008

WAC 388-424-0010 Citizenship and alien status - Eligibility restrictions for the temporary assistance for needy families program and medical benefits, including non-emergency Medicaid and the children's healthcare programs.
1.      To receive TANF or medical benefits you must meet all other eligibility requirements and be one of the following as defined in WAC 388-424-0001:

a.      AU.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 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; or

h.      A Special Immigrant from Afghanistan eligible for six 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 benefits.

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 he or she is an alien as described under WAC 388-424-0006 (4).

4.      An alien who is ineligible for TANF, non-emergency Medicaid, or SCHIP 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 health program 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 INFOMATION

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.

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.

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

Special Immigrants from Afghanistan are eligible for TANF, Medicaid, RCA and RMA for 6 months from their date of entry into the United States.

Special Immigrants from Iraq and Afghanistan are eligible for Basic Food for 6 months from their date of entry into the United States.

Some people may have been admitted to the United States on an expedited basis under a different immigration category (e.g. paroled into the country for less than one year). Eligibility for these individuals begins when the status has been changed to the Special Immigrant status.

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

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).

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:

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

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

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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