211.11 Who Is Not an Eligible Member (FAM)

Do not include ineligible family members in any FANF financial assistance group (AG) if they are ineligible for a reason other than income or resources that exceed the limits.

If a child is adopted, do not include the biological parent in the assistance group.

Example: Gloria adopts her grandchild, Sam. Her daughter, Beth, the child’s biological mother, moves into the household. Because Gloria has adopted Sam, the biological mother, Beth, would not be a member of the assistance group because there is no longer a legal relationship between Sam and Beth.

Exception: If the biological mother in the above example returned to the grandmother’s house with siblings of the adopted child, the mother and the siblings she brings with her are added to the assistance group. All dependent siblings are members of the AG due to the blood relationship the siblings have with Sam. The mother is a member of the assistance group through her parental relationship with the siblings of Sam.

Example: Gloria adopts her grandchild, Sam. Sam’s biological mother, Beth, moves into the household but is not added to the assistance group. Two months later, she regains custody of her 4 other children and moves them into the household. Because the 4 other children are siblings to Sam, they must be added to the assistance group. Beth also has to be added as a member of the household because of her relationship to Sam’s siblings. (See Section 211.01, Who Must Be Members).

The following are reasons why individuals may be ineligible. These are not the only reasons:

•       Receipt of SSI benefits. FANF financial assistance household members who are recipients of SSI benefits are ineligible to receive FANF financial assistance, but they are considered counted adult(s) or child(ren) in the FANF financial AG. This means that the SSI recipient is included in the FANF financial AG size and so is 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 and benefit determination process). All other SSI recipient’s income and resources are counted towards the FANF financial AG, but the SSI recipient is ineligible for FANF and is not considered a "recipient" of FANF financial assistance.

•       Receipt of foster care, OAA, APTD, or ANB financial assistance. FANF financial assistance household members who are recipients of OAA, APTD, or ANB benefits are ineligible to receive FANF financial assistance, but they are considered counted adult(s) or child(ren) in the FANF financial AG. This means that the OAA/APTD/ANB recipient is included in the FANF financial AG size and the OAA/APTD/ANB recipient's income and resources, except their OAA/APTD/ANB benefit, are counted towards the FANF financial AG, but the OAA/APTD/ANB recipient is ineligible for FANF and is not considered a "recipient" of FANF financial assistance.

•       Receipt of lump sum income. 

•       Failure to meet the alien or citizenship requirements. 

•       Being a fleeing felon or probation or parole violator.

•       Having fraudulently received multiple benefits.

When an ineligible individual’s status changes so there is no longer any reason for the individual not to be included, add the individual to the FANF financial AG.

References: He-W 601.06; He-W 654.03; He-W 654.10(d)-(e); RSA 167:3-c, I; RSA 167:4, I(c); RSA 161:4-a,IV; RSA 167:6; RSA 167:79, II & IV-V; RSA 167:83, II(m); 45 CFR 206.10(a)(1)(vii); 45 CFR 233.20(a)(3)(ii)(F); 45 CFR 233.50; 45 CFR 233.51; 45 CFR 233.106; 42 USC 608