Page 134

adjustment of status, and applicant for asylum or cancelation of removal who has been granted employment authorization.

ELIGIBILITY FOR BENEFITS 7.4 ALL Some groups of qualified immigrants are ineligible for some or all Department-administered assistance programs. The following program-specific tables describe the groups of qualified immigrants eligible for FS, TANF, GC, IDA, and MA (see Section 7.4.2: Eligibility Charts in this Chapter). In addition, a chart showing the immigrant eligibility rules for SSI is also included even though the Department does not administer this program. When determining whether an immigrant meets the immigration-related criteria for various programs, it is important to note that an immigrant may fit into more than one immigration status for purposes of benefit determination. The immigrant is eligible if anyone of his/her immigration categories is one for which benefits are provided. Example Mr. Soto entered the country as a refugee three years ago and has converted to LPR status (most refugees and asylees convert to LPR status within two years of entering the country). Mr. Soto would be eligible for FS based on having entered as a refugee within the last seven years, even though he would not be eligible for FS based on being an LPR.

Common Terms 7.4.1 ALL The following are terms used frequently in this chapter. They are defined here to make the chapter, particularly the eligibility charts, easier to read. • Veteran Exemption: Many groups of otherwise ineligible immigrants are eligible for program benefits if they are veterans or on active U.S. military duty or are the spouse or unmarried dependent of a veteran or person on active duty. • Entered the Country on or Before August 22, 1996: In some cases, qualified immigrants who entered the country on or before August 22, 1996 are treated differently than immigrants who entered after this date. When eligibility hinges on whether an individual entered the country on or before August 22, 1996, the immigrant’s immigration status on or before August 22, 1996 is irrelevant. For example, immigrants who currently fall into a 'qualified' category and who entered the country on or before August 22, 1996 are eligible for TANF, regardless of their immigration status when they entered the country on or before August 22, 1996. • 40-Quarters Exemption: Some LPRs otherwise ineligible for program benefits are eligible for assistance if they have 40 countable quarters of employment. The quarters of a spouse or parent can be counted when determining an individual immigrant's countable quarters. The concept of countable quarters used here is generally equivalent to that used by the SSA which determines the number of countable quarters each employee 'earns' based on his/her annual earnings (see Section 8.3.2: Work History in this Chapter). This calculation of countable quarters is needed to determine citizens' and immigrants' eligibility for Social Security retirement, disability, and survivors' benefits. Under SSA rules, no employee can earn more than four quarters each year based on his/her own earnings, although more than four quarters per year can be counted when determining whether an immigrant meets the 40- quarter exemption criteria if the immigrant's spouse or parent (during years in which the immigrant is a minor) also worked. (This exemption is only available to LPRs who have 40 countable quarters. It is not available to other qualified immigrants who do not have LPR status.)