Aliens Barred from LIHEAP Participation 415-20-10-50

(Revised 10/1/17 ML #3512)

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Some aliens are barred from participation in the LIHEAP program.

 

Section 401 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORS), commonly known as the welfare reform law, prohibits non-qualified aliens from receiving federal public benefits.

 

Qualified aliens, regardless of when they entered the United States, are eligible to receive LIHEAP benefits provided that all other program requirements are met.

 

When a non-qualified alien is a member of a LIHEAP household, their income WILL be counted when determining LIHEAP eligibility. However, the non-qualified alien will NOT be counted as a member of the household.

 

NOTE:Verification of the entry status for non-citizens may be accessed via the Systematic Alien Verification for Entitlements (SAVE).

 

A “qualified alien” is defined as an alien who, at the time an alien applies for, receives, or attempts to receive LIHEAP, is:

 

  1. An alien who is lawfully admitted for permanent residence (LPR) under the Immigration and Nationality Act (INA),
  2. A refugee who is admitted to the United States under section 207 of such Act,
  3. An alien who is granted asylum under section 208 of such Act,
  4. An alien who is paroled into the United States under section 212(d)(5) of such Act for a period of at least 1 year,
  5. An alien whose deportation is being withheld under section 243(h) of such Act as in effect prior to April 1, 1997 or section 241(b)(3) of such Act,
  6. An alien who is granted conditional entry under section 203(a)(7) of such Act as in effect prior to April 1, 1980,
  7. An alien who is a Cuban or Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980),
  8. An alien who (or whose child or parent) has been battered or subjected to extreme cruelty in the United States and otherwise satisfies the requirements of 8 U.S.C. 1641(c),
  9. An Iraqi and Afghani aliens who have been granted special immigrant status under section 101(a)(27) of INA,
  10. A Native American born in Canada who possesses at least 50% of blood of the American Indian race,
  11. Victims of trafficking, or
  12. Canadian Indians who provide a blood quantum letter which contains information from the individual’s Band, Tribe, and Nation and states that the individual’s blood quantum is at least 50% aboriginal blood.

The document may use the following verbiage:

See policy at 415-20-10-15 regarding eligibility of Native American households living on reservations.