808.05 Exemptions from Participation in NHEP (FAM)

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Certain individuals may be temporarily or permanently exempt from the New Hampshire Employment Program (NHEP) work requirements if they meet any of the conditions below.

Temporary Exemptions

An individual age 16 up to age 60, who has been receiving financial assistance for less than 39 months is considered temporarily exempt from NHEP work requirements if the individual:

•       is a dependent child under age 16;

•       is a dependent child age 16 up to age 20, who is a full-time student (as defined by the institution) in a recognized elementary, middle, or high school or vocational/technical school or its equivalent, such as an approved home education program;

•       has a health condition or is taking care of a household member with a health condition. Individuals claiming a medical exemption for either of these reasons are referred to the Medical Exemption Unit (MEU) for further assessment (see Section 808.07, Verification of Exemptions, for more information about medical exemptions); or

•       is a parent or caretaker relative–included who is responsible for the care of a dependent child under age 1, unless:

-    the parent is under age 20 with no high school diploma or its equivalent. This individual must participate in basic education activities when the youngest child turns 13 weeks old; or

-    the parent or caretaker relative–included has reached the lifetime limit for exemption from NHEP for having a child under age 1. The lifetime limit for this exemption is 12 months, and individuals reaching this limit must participate in NHEP when the youngest child turns 13 weeks of age.

Temporary exemptions remain in effect until:

•       the next redetermination of NHEP eligibility;

•       the individual notifies the DHHS that the condition qualifying for the exemption no longer exists; or

•       DHHS discovers that the individual no longer qualifies for the exemption.

Exception: Temporary exemptions are not available to individuals who have received Financial Assistance to Needy Families (FANF) for 39 or more months unless the individual who has received 39 or more months is unable to participate in NHEP work program activities due to:

-    having a health condition or taking care of a household member with a health condition; or

-    the youngest child in the assistance group is under 13 weeks of age.

Permanent Exemptions

The following individuals are considered permanently exempt from NHEP work requirements:

•       Parents or caretaker relatives–included who are age 60 or older;

•       Parents or caretaker relatives–included who receive one or more of the following benefits:

-    Supplemental Security Income (SSI);

-    Social Security Disability Insurance (SSDI);

-    Veteran’s Administration (VA) disability rating of 80% or more; or

-    Aid to the Permanently and Totally Disabled (APTD), Aid to the Needy Blind (ANB), or Old Age Assistance (OAA) financial or medical assistance;

•       Dependent children age 16 to  age 18 who are not full-time students and who have a documented permanent and total disability as verified by an authorized healthcare provider (a currently licensed Physician, Physician Assistant, Advanced Practice Registered Nurse, Psychologist [board certified], Pastoral Psychotherapist, Alcohol and Drug Counselor [Master Licensed Alcohol and Drug Counselor only], Independent Clinical Social Worker, Clinical Mental Health Counselor, or Marriage and Family Therapist);

•       Individuals requesting a second or subsequent hardship extension for caring for a household member with a health condition when a DHHS Supervisor has reviewed the hardship request and determined that the family’s circumstances warrant a recommendation of permanently exempted from NHEP work requirements. If the Supervisor makes this recommendation, and the individual agrees, the case will be transferred to the Family Assistance Program (FAP) by the FANF Program Specialist; or

•       Parents or caretaker relatives–included for whom a determination has been made by the NHEP representative that the individual has long-term obstacles to employment resulting in the inability to participate in employment or in activities leading to employment, subject to the following:

-    the individual has participated in and complied with all NHEP requirements or has been unable to comply with good cause;

-    the NHEP representative has completed case management activities with the individual for at least one year;

-    during the one year specified above, all reasonable efforts to assist the individual in becoming employable have been made by providing case management services and access to all NHEP employment-related activities for which the individual may qualify;

-    the individual indicates agreement with the NHEP representative’s decision by signing Form NHEP230, Family Assistance Program Transfer Agreement; and

-    Form NHEP230R, FAP Transfer Summary, was completed and the NHEP representative approved the transfer in New HEIGHTS.

Permanent exemptions are not re-evaluated:

•       as long as the parent or caretaker relative–included continues to receive the financial assistance benefits listed above; or

•       until the individual notifies DHHS that circumstances have changed, or DHHS discovers that circumstances have changed, whichever occurs first.

References: He-W 602.08; He-W 606.30; He-W 637’s; RSA 167:78, I; RSA 167:82, II; RSA 167:88, I