This section applies to a State's RCA program that follows the State's rules under the Aid to Families with Dependent Children (AFDC) program under title IV-A of the Social Security Act, prior to amendment by Public Law 104-33. A State must continue to apply these rules to its RCA program until it implements a new RCA program under §400.56 or §400.65. A State that receives an approved waiver under §400.300 to continue an AFDC-type RCA program must follow the rules in this section.

(a) Recovery of overpayments and correction of underpayments. The State agency must comply with regulations at §233.20(a)(13) of this title governing recovery of overpayments and correction of underpayments in the AFDC program.

(b) Opportunity to apply for cash assistance.

(1) A State must provide any individual wishing to do so, an opportunity to apply for cash assistance and must determine the eligibility of each applicant.

(2) In determining eligibility for cash assistance, the State must—

(i) Comply with the regulations at part 206 of this title governing applications, determinations of eligibility, and furnishing assistance under public assistance programs, as applicable to the AFDC program;

(ii) Determine eligibility for other cash assistance programs in accordance with §400.51; and

(iii) Comply with regulations at §§400.54(a)(3) and 400.68.

(c) Emergency cash assistance to refugees—A State must comply with the regulations at §400.52.

(d) General eligibility requirements—A State must comply with the regulations at §400.53.

(e) Consideration of income and resources. In considering the income and resources of applicants for and recipients of refugee cash assistance, the State agency must:

(1) Apply the regulations at §233.20(a)(3) through (2) of this title for considering income and resources of AFDC applicants; and

(2) Apply the regulations at §400.66(b) through (d).

(f) Need standards and payment levels.

(1) In determining need for refugee cash assistance, a State agency must use the State's AFDC need standards established under §233.20(a)(1) and (2) of this title.

(2) In determining the amount of the refugee cash assistance payment to an eligible refugee who meets the standards in paragraph (f)(1) of this section and applying the consideration of income and resources in paragraph (e) of this section and in §400.66(b) through (d), a State must pay 100 percent of the payment level which would be appropriate for an eligible filing unit of the same size under the AFDC program.

(3) The State agency may use the date of application as the date refugee cash assistance begins in order to provide payments quickly to newly arrived refugees.

(g) Proration of shelter, utilities, and similar needs—If a State prorated allowances for shelter, utilities, and similar needs in its AFDC program under §233.20(a)(5) of this title, it must prorate such allowances in the same manner in its refugee assistance programs.

(h) Other AFDC requirements applicable to refugee cash assistance—In administering the program of refugee cash assistance, the State agency must also apply the following AFDC regulations in this title:

233.31   Budgeting methods for AFDC.

233.32   Payment and budget months (AFDC).

233.33   Determining eligibility prospectively for all payment months (AFDC).

233.34   Computing the assistance payment in the initial one or two months (AFDC).

233.35   Computing the assistance payment under retrospective budgeting after the initial one or two months (AFDC).

233.36   Monthly reporting (AFDC)—which shall apply to recipients of refugee cash assistance who have been in the United States more than 6 months.

233.37   How monthly reports are treated and what notices are required (AFDC).

235.110   Fraud.

General