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Civil
Rights
Non Citizens
Administration on Aging Dear Colleague Letter
on the HHS Interpretations of ``Federal Means-Tested Public Benefit''
under the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (PRWORA)
Dear Colleague:
The Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (PRWORA), P.L. 104-193, restricts the access of certain
categories of immigrants to specified federal benefits, including
some benefits administered by the Department of Health and Human
Services (HHS). This letter provides guidance on certain immigrant
eligibility provisions of the PRWORA.
Section 403 of the PRWORA bars most qualified aliens who enter
the United States (U.S.) on or after enactment (August 22, 1996)
from eligibility for "federal means-tested public benefits" for
five years beginning on the date the individual entered the U.S.
with a qualified alien status. As defined in a Federal Register notice
dated August 26, 1997, and effective immediately, HHS is
interpreting "federal means-tested public benefits" to
include only those benefits provided under federal means-tested,
mandatory spending programs. The following HHS programs meet
this definition: Medicaid and Temporary Assistance for Needy
Families (TANF) Block Grant - the successor to the AFDC program.
Therefore, no other HHS programs are "federal means-tested
public benefits" for purposes of PRWORA, and all qualified
aliens, regardless of when they entered the U.S., continue to
be eligible to receive assistance and services under the Older
Americans Act programs administered by the Administration on
Aging if they meet other program requirements.
Finally, guidance on other immigration-related issues is still
under consideration. The immigrant provisions of the PRWORA are
extremely complex and require careful analysis to determine the
impact of the provisions on numerous programs and services. We
are currently analyzing these provisions and will provide further
information to you as these issues are resolved.
If you need further clarification, please contact Harry Posman who may be reached
at (202) 619-0011.
Sincerely,
William F. Benson
Acting Principal Deputy Assistant Secretary for Aging
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