211.01 Who Must Be Members (FAM)

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Include the following individuals in the same Financial Assistance to Needy Families (FANF) assistance group:

•       All children who are blood, adoptive, or step-related siblings, provided they:

-         live with a specified relative;

-         are under the age of 18 or are under age 20 and are full-time students in a secondary school or its equivalent;

-         meet all nonfinancial criteria for FANF; and

-         are deprived of parental support or care due to the death, continued absence, or incapacity of a parent.

•       All natural, adoptive, and step-related parents of the children.

•       Cohabitating adults who share a minor child, and the minor "common" child, are "counted" in the AG when there is no deprivation, but are not considered FANF recipients. If deprivation requirements are met by the cohabiting adult who shares a minor child with the FANF applicant, the cohabitating adult and shared minor child are considered "eligible" members in the FANF AG, as opposed to "counted."

Exceptions:

•       Do not include individuals in the FANF group if they are ineligible for any reason other than income or resources.

•       FANF household members who are recipients of SSI, OAA, APTD, or ANB benefits are considered to be counted adult(s) and counted child(ren) in the FANF cash assistance group (AG). This means that the SSI/OAA/APTD/ANB recipient is included in the FANF cash AG size and the SSI/OAA/APTD/ANB recipient's income and resources are counted towards the FANF cash AG, including the SSI recipient’s benefit (unless it is a dependent child receiving the SSI benefit – a dependent child’s SSI benefit is not counted in the FANF eligibility or benefit determination process), but the SSI/OAA/APTD/ANB recipient is not considered a "recipient" of FANF cash.

•       A parent MUST be included in the assistance group if his or her child lives with a non-parent specified relative who has legal custody of the child, and the parent of the child lives in the household. (See Section 207.05, Living With a Specified Relative)

•       Although the cohabitating adult and the common child(ren)’s income, resources, and needs are considered in specific scenarios when determining eligibility for financial assistance, the cohabiting adult and common child are not considered recipients of financial assistance, but are considered counted adult(s) and counted child(ren).

•       If a non-parent specified relative adopts the child and the child’s biological parent moves into the household, do not include the biological parent (See Section 211.11, Who is Not a Member) unless the biological parent brings blood-related siblings to the adopted child into the household.

Example: Gloria adopts her grandson Sam and they receive cash assistance. Beth, Sam’s biological mother, moves into the household. She is not added to the assistance group because Beth relinquishing her parental rights over Sam severs the mother/son relationship. Two months later, Beth regains custody of her 4 other children and she moves them into the household with Gloria and Sam. The 4 other children are siblings of Sam’s and must be added to the assistance group. Beth must also be added to the assistance group because of her parental relationship with the siblings of Sam.

•       When 3 generations live in the same home, include the minor parent in the same financial assistance group as their siblings if assistance has been requested for the siblings. Minor parents must meet the definition of a dependent child.

•       When minor parents request assistance for their own children, include the children in the same FANF group as their minor parent.

References: RSA 167:3-c, I; RSA 167:6, V; RSA 167:79, II & IV-V; 45 CFR 206.10(a)(1)(vii); 45 CFR 233.10(b)(2)(ii); 45 CFR 233.50; 45 CFR 233.51; 42 USC 608