---
kind: "range"
citation: "45 C.F.R. §§ 400.48–400.55"
title: "45"
from: "400.48"
to: "400.55"
count: 8
url: "https://uscodex.org/cfr/45/400.48..400.55"
---

# §400.48. Basis and scope.


This subpart sets forth requirements concerning grants to States under section 412(e) of the Act for refugee cash assistance (RCA). [Sections 400.48 through 400.55](/cfr/45/400.48..400.55.md) apply to both public/private RCA programs and publicly-administered RCA programs.


# §400.49. Recovery of overpayments and correction of underpayments.


The State agency or its designee agency(s) must maintain a procedure to ensure recovery of overpayments and correction of underpayments in the RCA program.


# §400.50. Opportunity to apply for cash assistance.

- (a) A State or its designee agency(s) must provide any individual wishing to do so, an opportunity to apply for cash assistance and must determine the eligibility of each applicant as promptly as possible within no more than 30 days from the date of application.
- (b) A State or its designee agency(s) must inform applicants about the eligibility requirements and the rights and responsibilities of applicants and recipients under the program.
- (c) In determining eligibility for cash assistance, the State or its designee agency(s) must promptly refer elderly or disabled refugees and refugees with dependent children to other cash assistance programs to apply for assistance in accordance with [§ 400.51](/cfr/45/400.51.md).

# §400.51. Determination of eligibility under other programs.

- (a) **TANF.** For refugees determined ineligible for cash assistance under the TANF program, the State or its designee must determine eligibility for refugee cash assistance in accordance with §§ [400.53](/cfr/45/400.53.md) and [400.59](/cfr/45/400.59.md) in the case of the public/private RCA program or §§ [400.53](/cfr/45/400.53.md) and [400.66](/cfr/45/400.66.md) in the case of a publicly-administered RCA program.
- (b) **Cash assistance to the aged, blind, and disabled—**
  - (1) **SSI.**
    - (i) The State agency or its designee must refer refugees who are 65 years of age or older, or who are blind or disabled, promptly to the Social Security Administration to apply for cash assistance under the SSI program.
    - (ii) If the State agency or its designee determines that a refugee who is 65 years of age or older, or blind or disabled, is eligible for refugee cash assistance, it must furnish such assistance until eligibility for cash assistance under the SSI program is determined, provided the conditions of eligibility for refugee cash assistance continue to be met.
  - (2) **OAA, AB, APTD, or AABD.** In Guam, Puerto Rico, and the Virgin Islands—
    - (i) Eligibility for cash assistance under the OAA, AB, APTD, or AABD program must be determined for refugees who are 65 years or older, or who are blind or disabled; and
    - (ii) If a refugee who is 65 years of age or older, or blind or disabled, is determined to be eligible for refugee cash assistance, such assistance must be furnished until eligibility for cash assistance under the OAA, AB, APTD, or AABD program is determined, provided the conditions of eligibility for refugee cash assistance continue to be met.

# §400.52. Emergency cash assistance to refugees.


If the State agency or its designee determines that a refugee has an urgent need for cash assistance, it should process the application for cash assistance as quickly as possible and issue the initial payment to the refugee on an emergency basis.


# §400.53. General eligibility requirements.

- (a) **Eligibility for refugee cash assistance is limited to those who—**
  - (1) Are new arrivals who have resided in the U.S. less than the RCA eligibility period determined by the ORR Director in accordance with [§ 400.211](/cfr/45/400.211.md);
  - (2) Are ineligible for TANF, SSI, OAA, AB, APTD, and AABD programs;
  - (3) Meet immigration status and identification requirements in [subpart D](/cfr/45/subpartD.md) of this part or are the dependent children of, and part of the same family unit as, individuals who meet the requirements in [subpart D](/cfr/45/subpartD.md), subject to the limitation in [§ 400.208](/cfr/45/400.208.md) with respect to nonrefugee children; and
  - (4) **Are not full-time students in institutions of higher education, as defined by the Director.**
- (b) A refugee may be eligible for refugee cash assistance under this subpart during a period to be determined by the Director in accordance with [§ 400.211](/cfr/45/400.211.md).

# §400.54. Notice and hearings.

- (a) **Timely and adequate notice.**
  - (1) A written notice must be sent or provided to a recipient at least 10 days before the date upon which refugee cash assistance will be reduced, suspended, or terminated.
  - (2) In providing notice to an applicant or recipient to indicate that assistance has been authorized, denied, reduced, suspended, or terminated, the written notice must clearly state the action that will be taken, the reasons for the action, and the right to request a hearing.
  - (3) In providing notice to an applicant or recipient to indicate that assistance has been authorized, denied, reduced, suspended, or terminated, the State or its designee agency(s) must specify the program(s) to which the notice applies, clearly distinguishing between RCA and other assistance programs. For example, in the case of a publicly-administered program, if a refugee applies for assistance and is determined ineligible for TANF but eligible for refugee cash assistance, the notice to the applicant must specify clearly the determinations with respect both to TANF and to refugee cash assistance. When a recipient of refugee cash assistance is notified of termination because of reaching the time limit on such assistance, the State or its designee must review the case file to determine possible eligibility for TANF or GA due to changed circumstances and the notice to the recipient must indicate the result of that determination as well as the termination of RCA.
- (b) **Hearings.** All applicants for and recipients of refugee cash assistance must be provided an opportunity for a hearing to contest adverse determinations. States must ensure that hearings meet the due process standards in Goldberg v. Kelly, 397 U.S. 254 (1970).
  - (1) **Public/private RCA programs.** The State must specify in the public/private RCA plan the hearing procedures to be used in the RCA program. The plan may specify that the local resettlement agency(s) will refer all hearing requests to a State-administered hearing process. If the plan does not specify the use of a State-administered hearing process, then the procedures to be followed must include:
    - (i) The State or local resettlement agency(s) responsible for the provision of RCA must provide an applicant for or recipient of refugee cash assistance an opportunity for an oral hearing to contest adverse determinations. Hearings must be conducted by an impartial official or designee of the State or local resettlement agency who has not been involved directly in the initial determination of the action in question.
    - (ii) The State must ensure that procedures are established to provide refugees a right of final appeal for an in-person hearing provided by an impartial, independent entity outside of the local resettlement agency.
    - (iii) Final administrative action must be taken within 60 days from the date of a request for a hearing.
  - (2) **Publicly-administered RCA programs.** The State must specify in the State Plan referenced in [§ 400.4](/cfr/45/400.4.md) the public agency hearing procedures it intends to use in the RCA program.
  - (3) In both a public/private RCA program and a publicly-administered RCA program, the written notice of any hearing determination must adequately explain the basis for the decision and the refugee's right to request any further administrative or judicial review.
  - (4) In both a public/private RCA program and a publicly-administered RCA program, a refugee's benefits may not be terminated prior to completion of final administrative action, but are subject to recovery by the agency if the action is sustained.
  - (5) In both a public/private RCA program and a publicly-administered RCA program, a hearing need not be granted when Federal law requires automatic grant adjustments for classes of recipients unless the reason for an individual appeal is an incorrect grant computation.
  - (6) In both a public/private RCA program and a publicly-administered RCA program, a hearing need not be granted when assistance is terminated because the eligibility time period imposed by law has been reached, unless there is a disputed issue of fact that is unresolved by the process in [§ 400.23](/cfr/45/400.23.md).

# §400.55. Availability of agency policies.


A State, or the agency(s) responsible for the provision of RCA, must make available to refugees the written policies of the RCA program, including agency policies regarding eligibility standards, the duration and amount of cash assistance payments, the requirements for participation in services, the penalties for non-cooperation, and client rights and responsibilities to ensure that refugees understand what they are eligible for, what is expected of them, and what protections are available to them. The State, or the agency(s) responsible for the provision of RCA, must ensure that agency policy materials and all notices required in §§ [400.54](/cfr/45/400.54.md), [400.82](/cfr/45/400.82.md), and [400.83](/cfr/45/400.83.md), are made available in written form in English and in appropriate languages where a significant number or proportion of the recipient population needs information in a particular language. In regard to refugee language groups that constitute a small number or proportion of the recipient population, the State, or the agency(s) responsible for the provision of RCA, at a minimum, must use an alternative method, such as verbal translation in the refugee's native language, to ensure that the content of the agency's policies is effectively communicated to each refugee.