FNS Admin. Notice 08-13

FNS has clarified when a recipient can get deductions for expenses not timely reported. A prior memo stated agencies could add language to the Rights & Responsibilities that said “Failure to report or verify any … expenses will be seen as a statement by your household that you do not want to receive a deduction…”

The deduction can be disallowed if the household fails to report or verify an expense at: 1) certification; 2) recertification (can disallow a prior expense). An agency may not disallow the expense when reported for an interim changes (e.g. change in shelter costs) or quarterly report change, unless after proper request for verification (i.e. only certain changes need verification, and the agency shall help obtain verification, etc.) [Download]

FNS Admin. Notice 08-17

Superceding AN 08-11, this notice reviews that Iraqis are now treated differently than Afghanis, as a result of new legislation. The National Defense Authorization Act for FY 2008 that extended program eligibility to affected Iraqi immigrants for a period not to exceed 8 months. To the contrary, the appropriations Act granted Afghanis special immigrant status that results in them being treated as a refugee for purposes of resettlement assistance, entitlement programs and other benefits, but limited to six months. The AN also reviews beginning dates of eligibility, including a review on how this interacts with the qualified alien rules. Eligibility runs from the date the person gets the special immigrant status, not the later date of the application. [Download]

ACL 08-15: Department Of Homeland Security Interim Final Rule On New Classification For Victims Of Criminal Activity; Eligibility For U Nonimmigrant Status (4/4/08)

The Trafficking Victims Protection Act (TVPA) of 2000 created U Nonimmigrant Status for certain victims of criminal activity. The feds created U Visa Interim Relief, since U Visa regulations not forthcoming. (See ACL No. 06-60 and ACIN No. I-41-07). An Interim Final Rule regarding New Classification for Victims of Criminal Activity and Eligibility for U Nonimmigrant Status has now been issued, effective October 17, 2007.

Now that an Interim Final Rule has been issued, USCIS stopped accepting U Visa Interim Relief applications after October 17, 2007. New applicants for SB 1569 benefits must now present evidence that they have filed for a U Visa (or have obtained one) if they do not have proof that they filed for U Visa Interim Relief before October 17, 2007. The letter includes an exemplary list of acceptable evidence. (Forms I-797, I-918, Form I-797; employment Authorization Document Category A19 or A20, etc.)

USCIS has indicated that petitioners who have previously been granted interim relief and have filed a Form I-918 for a U Visa will have their interim relief extended until USCIS completes its adjudication of the application. Therefore, cases determined eligible based on a request for U Visa Interim Relief prior to October 17, 2007 may remain eligible if a U Visa application has been filed (or a U Visa has been issued) or until a denial of interim relief has been issued. USCIS anticipates issuing the Final Rule on nonimmigrant U Visas sometime in the fall of 2008. [Download]

ACWDL 08-13: Errata to all county welfare directors letter 07-26 (4/3/2008)

This letter has revisions to the effective date of the 2008 SSI/SSP cash grant levels. The SSP COLA increases originally scheduled for June 1, 2008 have been delayed. The ACWDL includes handy charts showing the rates from January 1, 2008 to September 30, 2008 and from October 1, 2008 to December 31, 2008. The rate for an independently living couple where both are aged or disabled rises from the current $1,524 to $1,558 on October 1. [Download]

ACWDL 08-12: Economic stimulus act of 2008 (4/3/2008)

Any credits or refunds from the stimulus package are not to be counted as income or resources for the month of receipt and the following two months. Woohoo! [Download]

Also please note, for anyone who regularly checks for new all county welfare director letters, new letters are now only posted on the DHCS website. The DHS website has older letters but it appears the site is no longer being updated as new letters come out.