Food and Nutrition Services - Admin. Letters

DSS ADMINISTRATIVE LETTER NO. ECONOMIC AND FAMILY SERVICES 6-2010
New Update - Guidance on Afghani Special Immigrants

(Food and Nutrition Services)

TO:	County Directors of Social Services
ATTENTION:	Food and Nutrition Services Managers and Supervisors
DATE:	February 2, 2010
SUBJECT:	Elimination of the Eight-Month Time Limit for Iraqi and Afghan Special Immigrants
EFFECTIVE:	February 1, 2010

I. GENERAL INFORMATION

The Department of Defense Appropriations Act of 2010, enacted on December 19, 2009, provides that Iraqi and Afghan Special lmmigrants (SIVs) are eligible for federal public benefits to the same extent and for the same time period as refugees. The new legislation supersedes prior legislative authority that limited SIVs to refugee status for an 8 month time period. The new legislation provides that SIVs are eligible for all benefits available to the same extent and for the same period of time as other refugees. Provided that other eligibility requirements are met, refugees are eligible for Food and Nutrition Services benefits indefinitely.

II. POLICY PROCEDURES

The application of this provision is not retroactive, and therefore, those persons whose eligibility expired due to the 8 month eligibility time period prior to December 19, 2009 must reapply for benefits. However, current SIV recipients who were certified prior to the legislation remain eligible until their certification period ends and can be recertified.

Counties that discover or become aware of any Iraqi or Afghani special immigrants who applied and were denied, or whose benefits were terminated due to the expiration of their 8 month time period, on or after December 19, 2009 should reconsider those denials using this current policy.

III. IMPLEMENTATION INSTRUCTIONS

This change is effective with each application, change in situation, or recertification taken or processed on or after February 1, 2010.

If you have any questions, please contact the Economic and Family Services Help Desk at (919) 334-1100 or email DSS.EFSHD@dhhs.nc.gov.

Sincerely,



Dean Simpson, Chief
Economic and Family Services Section

DS/tb