10A NCAC 71O .0104       ELIGIBILITY

(a)  Refugee assistance services as described in P.L. 96‑212 and P.L. 96‑422 are available only to individuals who are determined to be refugees as defined in these laws.

(b)  Any refugee assistance service may be provided to any refugee who is receiving cash assistance, including supplementary assistance, or whose gross family income is not more than 90 percent of the state's median income as issued by the administration for public services and adjusted for family size, except that vocational training may not be provided to a refugee who is not 16 years of age or older.

(c)  Certain refugee assistance services may be provided in accordance with special eligibility criteria as follows:

(1)           Outreach services and social adjustment services may be provided to refugees without regard to age or family income;

(2)           English as a second language (ESL) instruction, and career counseling, job orientation, and job placement and follow‑up components of manpower employment services, may be provided without regard to family income to refugees who are 16 years of age or older and who are not full‑time students in elementary or secondary school.

(3)           Assessment services, and development of an individual employability plan as a component of manpower employment services may be provided without regard to family income to any unemployed refugee who is 16 years of age or older and who is not a full‑time student in elementary or secondary school.

(d)  For purposes of determining eligibility, "family" is defined as one or more adults and children, if any, related by blood, or law, and residing in the same household.  Emancipated minors and children living under the care of individuals not legally responsible for that care are considered one person families.  Where adults reside together, each may be considered a separate family, or all adults, living in the same household may be considered as a family unit, whichever is more beneficial to a refugee in determining his eligibility on the basis of family size and income; provided that spouses must be considered a family unit.

(e)  Eligibility for refugee assistance services may be determined by county departments of social services, or by the Division of Social Services, or by provider agencies from which the division is purchasing services under a purchase agreement or contract which specifies the provider agency's responsibility for eligibility determination.  The agency that determines eligibility shall be responsible for case management for refugee assistance services and for meeting program requirements for reporting and case documentation.


History Note:        Authority G.S. 143B‑153; P.L. 96‑110; 96‑212; 96‑422;

Eff. March 22, 1980;

Amended Eff. May 1, 1990.