101.01 Individual Rights (FSM)

SR 14-33 Dated 08/14

Previous Policy

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• Application — An individual has the right to apply for assistance and to have a timely eligibility decision made on the application.

• Authorized Representative — Individuals may choose any adult, regardless of household membership or relationship, to assist them at application, recertification and during the certification period with any aspect of the eligibility, application, and Electronic Benefits Transfer (EBT) process or with fulfilling household responsibilities.

• Case Decisions — Individuals have the right to be notified of the outcome of all eligibility decisions and of any changes which affect the amount of their benefits or their level of eligibility.

• Civil Rights —DHHS does not discriminate against individuals because of their race, *color, national origin, disability, age, sex, and in some cases religion and political *beliefs. See PART 103, NONDISCRIMINATION, for the full nondiscrimination policy.

• Complaints and Administrative Appeals — Individuals have the right to request a review of their circumstances and/or an administrative appeal when they are dissatisfied with any action or inaction by DHHS which affects their participation in any DHHS program. Individuals have a right to bring someone with them to the appeal, like a friend, relative, or lawyer, or they can come alone. DHHS will not pay for any legal services the individual wants, but there are free and reduced cost legal services available in NH. If an individual wants to continue receiving benefits during the appeal process, and the case is ruled in the state’s favor, the individual is responsible for repaying the benefits received during such time.

• Confidentiality — Information concerning individuals is confidential. Use or disclosure of information in DHHS files is limited to persons directly involved in administration or enforcement of DHHS programs, or as otherwise permitted by policy, or federal or state laws.

• Notification of Requirements — Individuals have the right to be notified of the eligibility requirements they must comply with, and of the actions DHHS must take if the individual does not comply.

References: RSA 126-A:5,VIII, RSA 167:8, 7 CFR 271.2, 7 CFR 271.6, 7 CFR 272.1(c), 7 CFR 272.5(b)(1), 7 CFR 272.6, 7 CFR 273.2, 7 CFR 273.13, 7 CFR 273.15, Section 11 of the Food & Nutrition Act of 2008 (PL 110-246), 7 USC 2020(c)