SSI/Medicare Restoration for Refugees

October 3, 2008

On September 30, 2008, President Bush signed the Supplemental Security Income Extension for Elderly and Disabled Refugees Act (H.R.2608). Long sought by NCSL, the law eliminates a cost-shift to states by providing $1.5 billion in federal income support and Medicare for elderly, disabled and blind refugees.

The law extends eligibility from 7 years to 9 years for humanitarian immigrants.  Those with a naturalization application pending at the end of the two-year extension may receive a third year of benefits.  Humanitarian immigrants includes refugees; asylees; Cuban/Haitian entrants; Amerasians; trafficking victims; and those granted withholding of deportation or removal.

To receive benefits, an individual is required to meet one of the following conditions:

• be under the age of 18 years old or over 70 years of age
• be a lawful permanent resident and green card holder for less than six years
• have applied for a green card within four years of receiving SSI
• granted status as a Cuban or Haitian Entrant or granted withholding of deportation or removal.

Recipients are required to make a declaration of a “good faith effort to pursue United States citizenship,” with an exception for children under 18 years old.  Many of the senior and disabled refugees who had lost their federal SSI benefits were being assisted by state-funded cash and medical assistance, including Medicaid.  The restoration of eligibility for SSI means these refugees will gain federal income support and Medicare.

Costs for the benefit restoration are fully funded by recouping unemployment compensation debt.

The SSI extension expires in 2011.

For additional information, contact Sheri Steisel at 202-624-5400 or sheri.steisel@ncsl.org; or Christina Radecki at christina.radecki@ncsl.org or Emily Taylor at emily.taylor@ncsl.org.