SR 12-29 Dated 11/12

 

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

 

DFA SIGNATURE DATE:

November 27, 2012

FROM:

OFFICE OF THE DIRECTOR, DFA Terry R. Smith

AT (OFFICE):

Division of Family Assistance

TO:

DFA Supervisors

 

SUBJECT:

Restoration of Food Stamp Work Requirements for Able Bodied Adults Without Dependents (ABAWD); Restoration of the 3-Month Cap on ABAWD Participation in the Food Stamp Program While Not Meeting ABAWD Work Requirements; Restoration of the Exemptions from ABAWD Work Requirements and Good Cause Reasons for Failure to Meet ABAWD Work Requirements; Restoration of the One Time "Cure" to Reestablish Food Stamp Eligibility After Closing for Failure to Meet ABAWD Work Requirements; Unrelated Changes to DFA Form 808, Proof Needed to Determine Your Assistance, and Obsoletion of DFA Form 808(Bo), Bosnian Version of DFA Form 808

EFFECTIVE DATE:

November 1, 2012

 

 

SUMMARY

 

This SR releases the restoration of Food Stamp work requirements for Able-Bodied Adults Without Dependents (ABAWD), which includes:

 

·   the restoration of the 3-month cap on ABAWD participation in the Food Stamp program while not meeting ABAWD work requirements. Non-exempt ABAWD individuals cannot receive more than 3 full months of Food Stamp benefits in a 36-month period while not meeting ABAWD work requirements;

·   the restoration of the exemptions from the ABAWD work requirements;

·   the restoration of good cause reasons for failure to meet ABAWD work requirements;

·   the restoration of the one time "cure" to reestablish Food Stamp eligibility after the ABAWDs benefits end due to failure to meet ABAWD work requirements; and

·   the treatment of the ABAWD in the Food Stamp household when determining the Food Stamp benefit allotment for the remaining household members when the ABAWD fails to meet ABAWD work requirements.

 

This SR additionally releases unrelated changes to DFA Form 808, Proof Needed to Determine Your Assistance, and the obsolescence of DFA Form 808(Bo), Bosnian Version of DFA Form 808.

 

FORMER POLICY

NEW POLICY

The Federally-mandated cap on ABAWD receipt of Food Stamp benefits while not meeting ABAWD work requirements was temporarily suspended in 2009 via The American Recovery and Reinvestment Act of 2009 (ARRA). In 2010, after the temporary ARRA suspension expired, federal waivers based on the unemployment situation in NH were approved which allowed NH to continue to suspend the ABAWD 3-month cap. The suspension of the ABAWD cap effectively dismantled ABAWD work requirements as a condition of eligibility for, and continued receipt of, Food Stamp benefits.

ABAWD work requirements have been restored and non-exempt ABAWD individuals cannot receive more than 3 full months of Food Stamp benefits in a 36-month period while not meeting ABAWD work requirements.

ABAWDs must now verify being employed, participating in workfare, or being in an approved special work-training program, for an average of 20 hours per week, averaged to 80 hours per month, to obtain and retain eligibility for Food Stamp benefits.

The ABAWD individual is responsible for verifying that he or she is meeting ABAWD work requirements.

Note: ABAWD work requirements CANNOT be met through participation in the voluntary FSET Job Search program.

ABAWD individuals were exempt from ABAWD work participation requirements if the ABAWD:

·   met one of the Work Registration exemptions listed in Food Stamp Manual (FSM) 809, Exemptions From Food Stamp Work Requirements;

·   was under age 18 or was age 50 or older;

·   was pregnant;

·   was receiving Food Stamps with other people and at least one person was under the age of 18; or

·   resided in areas served by the Berlin, Conway, or Littleton District Offices.

All ABAWD exemptions from ABAWD work requirements still apply except for the exemption related to residing in the area served by the Conway District Office. ABAWDs who reside in an area served by the Berlin or Littleton District Offices are still exempt from ABAWD work requirements, but ABAWDs in the Conway District Office catchment area must now meet ABAWD work requirements.

There used to be good cause reasons for failure to meet ABAWD work requirements. However, when the ABAWD cap was suspended, good cause reasons for failure to participate were no longer applicable.

If the ABAWD would have worked an average of 20 hours a week (averaged to 80 hours a month), but missed work for good cause, the ABAWD can be considered to have met the ABAWD work requirement if the absence from work is temporary and the ABAWD retained his or her job. Good cause includes circumstances beyond the ABAWDs control, such as, but not limited to:

·   illness of the individual;

·   illness of another household member serious enough to require the presence of the individual;

·   a household emergency; or

·   unavailability of transportation.

ABAWDs who lost Food Stamp eligibility due to failure to meet ABAWD work requirements could regain Food Stamp eligibility, or "cure" their ineligibility, one time during the 36-month period. To cure their ineligibility, the ABAWD was required to verify meeting ABAWD work requirements over a 30-day period. After regaining eligibility following the cure, the ABAWD had to continue to meet ABAWD work requirements. If the ABAWD lost eligibility again after the one-time cure, the individual was allowed up to an additional 3 consecutive months of Food Stamp benefits while not meeting work requirements. Once these 3 consecutive months were up, the ABAWD was ineligible for the remainder of the 36-month period, unless meeting ABAWD work participation requirements or the ABAWD became exempt from the work requirements. However when the ABAWD cap was suspended, curing to regain eligibility was no longer applicable.

ABAWD curing policy has been restored. A non-exempt ABAWD who has received 3 full months of Food Stamp benefits while not meeting ABAWD work requirements and has lost eligibility for failure to meet these work requirements, can regain eligibility one time during the 36-month period by being cured, as described below:

·   to qualify for the one-time cure, a non-exempt ABAWD must meet one of the following cure requirements in any 30-day period following the ABAWDs initial loss of eligibility for failure to meet ABAWD work requirements:

-   work 80 hours or more;

-   participate in workfare for 80 hours or more;

-   be in an approved special work-training program for 80 hours or more; or

-   participate in any combination of these activities for at least 80 hours or more.

These curing requirements must be completely met prior to the ABAWD individual regaining Food Stamp eligibility.

·   ABAWDS who regain eligibility after the one-time cure remain eligible for Food Stamp benefits as long as the ABAWD continues to meet ABAWD work requirements.

·   Cured non-exempt ABAWDs who fail to meet ABAWD work requirements a second time are eligible for a second 3-month period of Food Stamp benefit receipt while not satisfying ABAWD work requirements:

-   Unlike the first 3-month period of receipt, these months must be consecutive.

-   Any month in which the cured ABAWD does not satisfy ABAWD work requirements must be counted towards the "3 additional consecutive months" allowed a cured individual.

-   The additional 3-month period of receipt does not begin until the ABAWD reports that he or she is no longer satisfying ABAWD work requirements. Because the 10-day reporting requirement still applies, the begin-date for the additional 3-month period must never be later than 10 days after the ABAWD individual fails to meet the work requirement for the second time.

-   Partial months of eligibility do not count towards the 3-month period.

·   After receiving Food Stamp benefits for these additional months, the ABAWDs eligibility is terminated effective the end-date of the 3rd month of receipt and the ABAWD is ineligible for Food Stamp benefits for the remainder of the 36-month period unless the individual:

-   becomes exempt; or

-   satisfies ABAWD work requirements.

Because ABAWD work requirements have not been in place, the treatment of an ABAWD who failed to meet these work requirements was not applicable.

ABAWDs who fail to meet ABAWD work requirements and are closed after meeting the 3-month cap on receipt of Food Stamp benefits, are excluded from receiving Food Stamp benefits for the remainder of the 36-month period. In these circumstances:

·   the excluded ABAWDs resources are counted as 100% available to the remaining household members; and

·   a prorated share of the excluded ABAWDs gross earned and unearned income and allowable expenses are deemed to the remaining household members.

 

BACKGROUND

 

DFA SR 09-15, dated April 2009, released the initial suspension of the ABAWD 3-month time limit cap. The American Recovery and Reinvestment Act of 2009 (ARRA), PL 111-5, which originally provided NH with the authorization for this suspension, set an expiration date for the suspension of the cap of September 30, 2010. However, Food and Nutrition Service (FNS) clarified in a letter to states in February 2010 that under federal regulations at 7 CFR 273.24(f)(2), the waiver could be extended an additional 12 months if certain criteria for extended unemployment benefits were met. NH met this criteria according to US Department of Labor (DOL) Trigger Notice 2010-2, which qualified NH to continue to suspend the ABAWD 3-month time limit cap through September 30, 2011. NH met that criteria again according to US DOL Trigger Notices 2010-38 and 2010-39, effective October 3 and October 10, 2011 respectively, which qualified NH to continue to suspend the ABAWD 3-month time limit cap through September 30, 2012. However, PL 112-96, the Middle Class Tax Relief and Job Creation Act of 2012, required changes to the unemployment thresholds used in the ABAWD waiver determination process. According to FNS, the Emergency Unemployment Compensation Trigger Notices on the DOL website dated June 3, 10, and 17, 2012, erroneously listed NH as meeting the new unemployment criteria for a continued suspension of the ABAWD cap. Unfortunately, the DOL information was incorrect and NH did not actually qualify for an automatic waiver of the ABAWD cap for 2013. An alternative waiver was pursued when NH was informed of the DOL error, however, at the end of August 2012 FNS rejected this waiver request as well. FNS then indicated, however, that NH ABAWDs are considered to be participating in and complying with the requirements of workfare via the job search activity, and thereby meeting the ABAWD work participation requirements, for the month of October 2012, thus the ABAWD 3-month "clock," as well as the 36-month clock, does not begin until November 1, 2012.

 

POLICY

 

ABAWD Work Requirements and 3-Month Cap on Receipt of Food Stamp Benefits While Not Meeting ABAWD Work Requirements

 

To receive and continue to receive Food Stamp benefits, non-exempt Able-Bodied Adults Without Dependents (ABAWDs) must:

 

·   work;

·   participate in workfare, which is volunteer work for an agency; or

·   be in an approved special work-training program. Workforce Investment Act (WIA) training, the New Hampshire Health Profession Opportunity Program (HPOP) training, or a training program at a local community college are examples of approved special work-training programs. Other training programs may also meet this criteria but must be approved as meeting ABAWD work requirements by the District Office Supervisor.

 

The ABAWD must be participating in one or a combination of these activities for an average of 20 hours a week averaged to 80 hours per month.

 

ABAWDs cannot receive more than 3 full months of Food Stamp benefits in a 36-month period while not meeting ABAWD work requirements.

 

NH ABAWDs, per FNS, are considered to be participating in and complying with the requirements of workfare via the job search activity, and thereby meet the ABAWD work participation requirements, for the month of October 2012. Therefore the ABAWD 3-month "clock," as far as ABAWDs open for Food Stamp benefits as of November 2012 and who are not meeting ABAWD work requirements, as well as the 36-month clock, does not begin until November 1, 2012.

 

Note: ABAWDs may still volunteer for the voluntary Food Stamp Employment & Training (FSET) Job Search Program. However, hours spent participating in FSET CANNOT be used to meet ABAWD work requirements.

 

The ABAWD is responsible for verifying that he or she is complying with ABAWD work requirements. Failure to provide verification of meeting ABAWD work participation requirements will result in termination of the ABAWDs Food Stamp benefits once the 3-month cap has been reached.

 

Note: Individuals receiving Extended Food Stamps (EFS) are not considered ABAWDs and EFS recipients do not have any work requirements to fulfill to receive EFS, per current policy at FSM 249.09, Extended Food Stamp (EFS) Work Requirements.

 

Exemptions from ABAWD Work Requirements

 

ABAWDs are exempt from ABAWD work participation requirements if the ABAWD:

 

·   meets one of the Work Registration exemptions listed in FSM 809, Exemptions From Food Stamp Work Requirements;

·   is under age 18 or is age 50 or older;

·   is pregnant;

·   is residing in an area served by the Berlin or Littleton District Offices; or

·   is a member of a Food Stamp household that includes a child under age 18 who lives in the home, or who is temporarily absent from the home and intends to return, regardless of the minor childs eligibility for Food Stamps or relationship to the ABAWD. The child under age 18 must be considered a member in the ABAWD individuals Food Stamp household, or would be considered a member in the ABAWD individuals household if not excluded or disqualified from being a member in that household. The child could be excluded or disqualified from receiving Food Stamp assistance in that household for numerous reasons, such as alien status, work registration penalties, felony drug conviction, etc. An ABAWD work exemption is not allowed if the child under age 18 is a non-household member (purchasing and preparing food separately from the ABAWD individual) who happens to share a residence with the ABAWD individual.

 

Good Cause Reasons for Failing to Meet ABAWD Work Requirements

 

If the ABAWD would have worked an average of 20 hours a week (averaged to 80 hours a month), but missed work for good cause, the ABAWD can be considered to have met the ABAWD work requirement if the absence from work is temporary and the ABAWD retained his or her job. Good cause includes circumstances beyond the ABAWDs control, such as, but not limited to:

 

·   illness of the individual;

·   illness of another household member serious enough to require the presence of the individual;

·   a household emergency; or

·   unavailability of transportation.

 

Reestablishing Food Stamp eligibility, or "Curing" Food Stamp Ineligibility, After the ABAWDs Benefits End Due to Failure to Meet ABAWD Work Requirements

 

A non-exempt ABAWD who has received 3 full months of Food Stamp benefits while not meeting ABAWD work requirements and has lost eligibility for failure to meet these work requirements, can regain eligibility one time during the 36-month period by being cured, as described below:

 

·   to qualify for the one-time cure, a non-exempt ABAWD must meet one of the following cure requirements in any 30-day period following the ABAWDs initial loss of eligibility for failure to meet ABAWD work requirements:

-   work 80 hours or more;

-   participate in workfare for 80 hours or more;

-   be in an approved special work-training program for 80 hours or more; or

-   participate in any combination of these activities for at least 80 hours or more.

These curing requirements must be completely met prior to the ABAWD individual regaining Food Stamp eligibility.

·   ABAWDS who regain eligibility after the one-time cure remain eligible for Food Stamp benefits as long as the ABAWD continues to meet ABAWD work requirements.

·   Cured non-exempt ABAWDs who fail to meet ABAWD work requirements a second time are eligible for a second 3-month period of Food Stamp benefit receipt while not satisfying ABAWD work requirements:

-   Unlike the first 3-month period of receipt, these months must be consecutive.

-   Any month in which the cured ABAWD does not satisfy ABAWD work requirements must be counted towards the "3 additional consecutive months" allowed a cured individual.

-   The additional 3-month period of receipt does not begin until the ABAWD reports that he or she is no longer satisfying ABAWD work requirements. Because the 10-day reporting requirement still applies, the begin-date for the additional 3-month period must never be later than 10 days after the ABAWD individual fails to meet the work requirement for the second time.

-   Partial months of eligibility do not count towards the 3-month period.

·   After receiving Food Stamp benefits for these additional months, the ABAWDs eligibility is terminated effective the end-date of the 3rd month of receipt and the ABAWD is ineligible for Food Stamp benefits for the remainder of the 36-month period unless the individual:

-   becomes exempt; or

-   satisfies ABAWD work requirements.

 

Treatment of Excluded ABAWDs

 

ABAWDs who fail to meet ABAWD work requirements and are closed after meeting the 3-month cap on receipt of Food Stamp benefits, are excluded from receiving Food Stamp benefits for the remainder of the 36-month period. In these circumstances:

 

·   the excluded ABAWDs resources are counted as 100% available to the remaining household members; and

·   a prorated share of the excluded ABAWDs gross earned and unearned income and allowable expenses are deemed to the remaining household members, pursuant to FSM 611.05, Income of Disqualified and Excluded Individuals.

 

NEW HEIGHTS SYSTEMS PROCEDURES AND DISTRICT OFFICE IMPLEMENTATION

 

When all questions are answered correctly in New HEIGHTS, New HEIGHTS automatically and correctly applies:

 

·   ABAWD work requirements policy;

·   ABAWD 3-month cap on receipt of Food Stamp benefits when not meeting ABAWD work requirements policy; and

·   deeming policy for an excluded ABAWD individual.

 

However, both the ABAWD Clock screen and all other screens associated with ABAWD exemptions must be completed correctly for New HEIGHTS to apply ABAWD policy correctly.

 

For example, if on the ABAWD Clock screen the worker enters "No" to both the questions "Is the individual participating in any work related activity" and "Did the individual work 80 hours or more in any 30-day period," and enters 3 into the "No. of full months received Food Stamp benefits without exemption" field, New HEIGHTS will correctly terminate Food Stamp benefits for this ABAWD and deem the ABAWDs income and resources to the remaining Food Stamp household members, if applicable, according to current policy. However, if another screen in New HEIGHTS provides information about the case which would indicate that the individual is not an ABAWD or is an ABAWD but is exempt from meeting ABAWD work requirements, New HEIGHTS will not terminate Food Stamp benefits even in the situation just mentioned (in which both questions are answered no and the number of months entered is 3 or more on the ABAWD Clock screen). Increasing the number of months from 3 to 4 on the ABAWD Clock screen is not necessary to "make New HEIGHTS work," and will have no impact on New HEIGHTS ability to correctly apply ABAWD policy if conflicting information that also impacts ABAWD policy has been entered on other New HEIGHTS screens. New HEIGHTS is correctly programmed to look for all exemptions from ABAWD work requirements and to eliminate all individuals who do not meet the definition of ABAWD before New HEIGHTS will act on information entered on the ABAWD Clock screen. For example:

 

·   if the disability screen in New HEIGHTS indicates that the individual has a disability, then New HEIGHTS will not terminate Food Stamp benefits for this individual even if the ABAWD Clock screen is completed indicating that the individual is an ABAWD and has reached their 3-month cap on receipt of Food Stamp benefits. That is because if the individual is disabled, the individual does not meet the definition of able-bodied adult, and so does not have to meet ABAWD work requirements.

·   If the various screens associated with household composition in New HEIGHTS indicate that the individual is a parent of a child in the household or a child is a member of the individuals Food Stamp household, then New HEIGHTS will not terminate Food Stamp benefits for this individual, even if the ABAWD Clock screen is completed indicating that the individual is an ABAWD and has reached their 3-month cap on receipt of Food Stamp benefits. That is because if the individual has a child, or is a member of a Food Stamp household containing a child, the individual does not meet the definition of able-bodied adult without dependents, and/or meets an ABAWD work requirement exemption, and so ABAWD work requirements do not apply.

·   If the unearned income screen in New HEIGHTS indicates that the individual is receiving unemployment benefits, then New HEIGHTS will not terminate Food Stamp benefits for this individual, even if the ABAWD Clock screen is completed indicating that the individual is an ABAWD and has reached their 3-month cap on receipt of Food Stamp benefits. That is because if the individual is receiving unemployment benefits, the individual is exempt from Food Stamp work registration requirements, and is therefore also exempt from ABAWD work requirements.

 

The examples above mean that if the worker has completed the ABAWD clock screen correctly based on the information the worker currently has on hand regarding the individuals household circumstances, and New HEIGHTS is not terminating Food Stamp benefits for the individual, then the worker must review all pertinent screens in New HEIGHTS to ensure that information entered on these other screens has been entered correctly, is up-to-date, and does not have to be end-dated.

 

Note: Because New HEIGHTS is not able to auto-exempt an ABAWD for residing in an area served by the Berlin or Littleton District Offices, and New HEIGHTS cannot reset the "ABAWD Begin Date" field to November 1, 2012, workers will need to manually ensure that these policies are applied correctly.

 

To help workers track verification of ABAWD work participation, New HEIGHTS has developed a new "E-Folder" category with the type identified as "ABAWD Activity." This new category will only be used by the Family Services Specialist (FSS) or designee who is involved with the ABAWD case; it will not be used by Central Scanning Unit (CSU) indexers. The CSU indexers will not use this new folder because the documentation that could be submitted as proof of ABAWD work participation or for an ABAWD exemption is too varied to identify as only specific to ABAWD work participation. For example, if proof of pregnancy is submitted, this documentation exempts the individual from ABAWD work requirements but also impacts other aspects of Food Stamp [and other program] eligibility. Placing that document immediately into the new "ABAWD Activity" e-folder could prevent the worker from acting on this information timely. CSU indexers should continue to index documents according to current standard practices, and refrain from indexing any documents into the new "ABAWD Activity" e-folder. The FSS, or a designee, will move documents into this new folder on a case-by-case basis, when appropriate.

 

To ensure that ABAWD policy is applied correctly, FSS or a designee must:

 

·   enter answers to the questions on the ABAWD Clock screen based on the individuals current household circumstances and pursuant to ABAWD work requirements policy in FSM PART 245. If New HEIGHTS does not then correctly apply ABAWD policy to the case, workers must review all pertinent screens in New HEIGHTS to ensure all information has been entered correctly. Note: Because New HEIGHTS is not able to auto-exempt an ABAWD for residing in an area served by the Berlin or Littleton District Offices, workers will need to manually ensure that this policy is applied correctly;

·   Zero out the "No. of full months received Food Stamp benefits without exemption" field on the ABAWD Clock screen so that as of November 1, 2012, this field begins with a zero (0); and

·   Manually switch any recertification dates to January 2013 if the recertification date is later than January 2013 for ABAWDS receiving Food Stamp benefits as of November 1. The recertifications should be set to paper if there is no NH EASY account, or online if the recipient has a NH EASY account. State Office will assist in changing the recertification dates.

·   Manually ensure that ABAWD work requirement exemptions are applied to ABAWDs residing in areas served by the Berlin or Littleton District Offices because New HEIGHTS is not able to auto-exempt these individuals.

·   Manually note that the "ABAWD Begin Date" is November 1, 2012, because New HEIGHTS is not able to reset this date at this time.

 

Note:

 

·   The ABAWD "No of full months received Food Stamp Benefits without exemption" field must be manually set and tracked to ensure that months of receipt of Food Stamp benefits while not meeting ABAWD work requirements policy is applied correctly; New HEIGHTS does not automatically track ABAWD participation.

Until New HEIGHTS automation can occur, a designated individual will also be monitoring the ABAWDs work participation or exemption status and use of the three months receipt of benefits while not meeting ABAWD work requirements each month. Once New HEIGHTS updates are complete, this information will be manually transferred onto the applicable tracking screen.

·   Although current policy allowing up to a 6-month certification period for households containing an ABAWD member or members remains unchanged, the certification period for ABAWDs must be manually adjusted to adequately address ABAWD work participation and ABAWD "clock" requirements on a case-by-case basis.

 

When New HEIGHTS is applying ABAWD 3-month cap policy and terminating Food Stamp benefits according to ABAWD policy, or when the worker selects "No" at the individual level on the Program of Assistance (POA) screen using the "Not Eligible - ABAWD" reason, the following reason text is autopopulated on the Notice of Decision (NOD) generated:

 

Able-Bodied Adults Without Dependents (ABAWDs) must meet special work participation requirements to get Food Stamp benefits for more than 3 months in a 36-month period. You or someone in your household did not meet these requirements. To be eligible again, that person must meet these special ABAWD work participation requirements or become exempt.

 

To further notify individuals of the ABAWD policy, as of October 22, 2012, the following special text has been displayed on every NOD generated to a case receiving Food Stamp benefits:

 

SPECIAL MESSAGE FOR CERTAIN FOOD STAMP CLIENTS

 

Adults who are able-bodied, between the ages of 18 and 50, and without dependents have special work requirements to be able to get and continue to get Food Stamp benefits. A person who fits this description is called an ABAWD in the Food Stamp Program. If you are an ABAWD, you must work in a job, participate in workfare, which is any volunteer work for an agency in your community, or be in a special work-training program, such as a training program at your local community college. ABAWDs must be participating in one or a combination of these activities for at least 20 hours a week (average of 80 hours per month).

 

If you are an ABAWD and do not meet these work requirements, you can only get Food Stamp benefits for 3 months out of a 36 month period. After that 3-month period of not meeting ABAWD work requirements, your Food Stamp benefits will end. You will not be able to get Food Stamp benefits again until the 36 months pass, ABAWD work requirements are met, or the ABAWD becomes exempt from ABAWD work requirements.

 

YOU MUST SHOW US YOU ARE MEETING THESE ABAWD WORK REQUIREMENTS. IF YOU DO NOT PROVE YOU ARE MEETING THESE WORK REQUIREMENTS, YOUR FOOD STAMP BENEFITS WILL END.

 

Additionally, as of October 26, 2012 through April 2013, NH EASY is displaying a special "Announcement" on the splash page as follows: If you get Food Stamps, read this for important information about work requirements. This sentence has been linked to the following text in NH EASY:

 

If you or someone in your household is between the ages of 18 and 50, have no dependents, and are able-bodied, the Food Stamp Program considers you to be an ABAWD (Able-Bodied Adults Without Dependents). ABAWDs have special work requirements to be able to get and continue to get Food Stamp benefits. If you are an ABAWD, you must:

 

·   work in a job;

·   participate in workfare, which is any volunteer work for an agency in your community; or

·   be in a special work-training program, such as a training program at your local community college.

 

You must be participating in one or a combination of these activities for at least 20 hours a week (80 hours per month).

 

If you are an ABAWD and do not meet these ABAWD work requirements, you can only get Food Stamp benefits for 3 months out of a 36 month period. After that 3-month period of not meeting ABAWD work requirements, your Food Stamp benefits will end. You will not be able to get Food Stamp benefits again, until:

 

·   the 36 months pass;

·   ABAWD work requirements are met; OR

·   the ABAWD individual becomes exempt from ABAWD work requirements.

 

The 36-month ABAWD "Clock" begins on November 1, 2012.

 

ABAWDS MUST SHOW US THEY ARE MEETING THE ABAWD WORK REQUIREMENTS.

IF THE ABAWD DOES NOT PROVE THEY ARE MEETING THESE REQUIREMENTS, THE ABAWDS FOOD STAMP BENEFITS WILL END IN 3 MONTHS.

If the ABAWD is a member of a larger household and doesnt meet ABAWD work requirements for 3 months, the ABAWDs income and resources will still be counted towards the household for Food Stamp eligibility and benefits, but the ABAWD will not be counted as a household member. This means the households Food Stamp benefits will be smaller.

 

Food Stamp benefits will not change or end if the ABAWD gives us proof that:

·   He or she is currently working 20 hours a week or 80 hours per month, if the ABAWD hasnt already given us this proof;

·   He or she is currently participating in workfare, participating in a work-training program, or participating in any combination of work, workfare, or work-training for 20 hours a week or 80 hours per month; OR

·   He or she is exempt from ABAWD work requirements.

 

An ABAWD is exempt from ABAWD work requirements if the ABAWD is:

·   Under 18, or is 50 or older;

·   Pregnant;

·   Medically certified to be physically or mentally unfit for employment;

·   A parent of a child who is under the age of 18 and who is in the ABAWDs Food Stamp household; OR

·   Living with a child who is under the age of 18 and who is in the ABAWDs Food Stamp household.

 

The following changes have also been requested in New HEIGHTS. Due to other projects, however, New HEIGHTS has indicated that they will be unable to begin development of the changes below until March 2013:

 

·   A new tab developed for the "ABAWD Clock" screen entitled "ABAWD Tracking." On this screen, the ABAWD Clock Begin Date will be visible and 36 consecutive months will be built off of the ABAWD clock begin date. Each month will have a drop-down menu of Exempt, Participating, Cure, or Counted and there will be a verification field associated with each of these drop-down menu items. For the Participating option, there will be a sub-menu of Employment, Training, or Workfare:

1. If Participating is chosen, the "Work Activity Information" fields on the "ABAWD Information" screen will be autopopulated with the information.

2. If Cure is chosen, the "Cure Information" fields on the "ABAWD Information" screen will be autopopulated with the information.

3. If Counted Month is chosen, the "No of full months received Food Stamp Benefits without exemption" field will be autopopulated with the information.

·   On the "Proof Needed" table for every NOD on which this table is inserted, a new ABAWD category with associated required verification will be added.

 

Once all the changes have been automated, New HEIGHTS will release the changes under separate cover.

 

UNRELATED CHANGES TO DFA FORM 808

 

Unrelated to the ABAWD changes, DFA Form 808, Proof Needed to Determine Your Assistance, was revised as follows at the request of Field Operations:

 

·   The following proofs were added to the list of examples of proofs provided for the "residence/shelter expenses: Current mortgage statement, statement from Tax Collector, and Home Insurance policy. Cancelled check was removed from this list;

·   Various edits were made throughout the document to bring the text closer to an 8th grade reading level;

·   Text related to citizenship and identity was additionally edited to focus primarily on the proofs required for identity of the head of household in the Food Stamp program. Changes at the federal level and implementation of the Social Security Administration cross-match in August 2010 removes the burden on most applicants and recipients to provide original paper proof of citizenship and identity as a condition of eligibility. See DFA SR 10-31 for more details. If the individual is only applying for Food Stamp benefits, however, the identity and citizenship verification requirements for the head of household is not as strenuous as for the cash and medical programs, and it was requested that Form 808 adequately reflect these less robust requirements. In the Food Stamp Program, acceptable proof of identity is any document that reasonably establishes the identity of the head of household. See DFA SR 11-07 for more details. Citizenship only needs to be verified in the Food Stamp Program if the individuals declaration is questionable, so text related to this type of proof was not retained on this form at all (if this proof is required, the "Other" section is available to be completed); and

·   The instructions for this form were updated accordingly.

 

The associated New HEIGHTS-generated AE0026, Verification Checklist, and AE0055, Proof Needed to Determine Your Assistance, have been updated with the changes described above and will be released under separate cover by New HEIGHTS.

 

DFA Form 808(Bo), Bosnian Version of Form 808, is obsolete with the release of this SR. The Office of Minority Health and Refugee Affairs (OMHRA) has informed DFA that the Bosnian population in NH has greatly diminished. Because of this, OMHRA indicated that there is no longer a need for DFA forms to be translated into Bosnian. As such, DFA Form 808(Bo) will not be updated with the changes made to the English version but instead is obsolete. A Certificate of Destruction has been included with this SR.

 

Workers should continue to use the old English and Spanish versions of DFA Form 808 until the supply is exhausted. The new paper version of DFA Form 808 will be available for use when the current supplies are depleted. The Form is also being translated into Nepalese. The updated Spanish version of DFA Form 808 as well as the new Nepalese version will be released under separate cover once the documents have been returned from the translators. Reorder using the current forms ordering system. The forms are also available electronically, for Department staff only, on the Lotus Notes Family Services Database.

 

POLICY MANUAL REVISIONS

 

Revised Food Stamp Manual Topics

 

Section 109.03   Processing a Filed Application

Section 133.06   Households With Able Bodied Adults Without Dependents (ABAWD)

Section 133.09   Certification Periods

PART 245   ABLE BODIED ADULTS WITHOUT DEPENDENTS

Section 245.03   Criteria for Exemption from ABAWD Work Participation

Section 245.05   ABAWD Work Participation Requirements

Section 245.07   Determining the 36 Month and 3 Month Periods of Eligibility

Section 245.09   The One Time "Cure": Reestablishing Eligibility After Closing for Failure to Meet ABAWD Requirements

Section 245.11   Maintaining Eligibility After a One Time Cure

Section 245.13   The 3 Consecutive Month "Cure" Period

Section 245.15   Verification Requirements

Section 303.09   Out-of-State Recipient Moves into New Hampshire

PART 801   PURPOSE AND LONG-TERM GOAL

PART 823   GOOD CAUSE FOR FAILURE TO PARTICIPATE

 

IMPLEMENTATION

 

The ABAWD 3-month "clock" and the 36-month clock begin on November 1, 2012 for all ABAWDs who were recipients of Food Stamp benefits as of November 2012. For all other individuals, the count for the 36-month ABAWD period begins the month the individual first begins to receive Food Stamp benefits, or begins to receive Food Stamp benefits again, after November 1, 2012.

 

District Office staff are to continue to use the old English and Spanish versions of DFA Form 808 until the supply is exhausted. The Bosnian version of DFA Form 808 can be recycled. A Certificate of Destructions has been included with this SR. The new paper versions of DFA Form 808 will be available for use when the current supplies are depleted and can be reordered using the current forms ordering system. The forms are also available electronically, for Department staff only, on the Lotus Notes Family Services Database.

 

CLIENT NOTIFICATION

 

Beginning October 23, 2012, a one-time mailing was generated to the approximately 6,225 Food Stamp ABAWD cases impacted by the restoration of the ABAWD work requirements. Flimsies were run over 4 nights, excluding ABAWDs in the Littleton and Berlin District Office catchment areas, with the last generation of flimsies occurring on October 29, 2012. The letter has been attached for reference.

 

Additionally, new text was added to all NODs generated to any case receiving Food Stamp benefits and an announcement was added to NH EASY. Text in these messages are displayed above in the section of the SR entitled NEW HEIGHTS SYSTEMS PROCEDURES AND DISTRICT OFFICE IMPLEMENTATION.

 

A document has also been added to the Departments Food Stamp Program web page describing the ABAWD work requirements. The text provided on the site has been attached to this SR for reference. This document is currently being translated into Spanish and Nepalese and will be added to the website as well, once the translations are complete.

 

TRAINING

 

Training was provided to each District Office beginning the week of October 15, 2012.

 

FORMS MANUAL POSTING INSTRUCTIONS

 

Remove and Destroy

Insert

 

Forms Manual

 

 

 

DFA Form 808, Proof Needed to Determine Your Assistance,

DFA SR 09-11/November, 2009 REV 6/11

1 back-to-back sheet

DFA Form 808, Proof Needed to Determine Your Assistance,

DFA SR 12-29/November, 2012

1 back-to-back sheet

DFA Form 808(Bo), Bosnian Version of Form 808, DFA SR 09-11/ November, 2009 REV 6/11

1 back-to-back sheet

None

DFA Form 808(i), Instructions for DFA Form 808, DFA SR 09-11/November, 2009

1 single-sided sheet

DFA Form 808(i), Instructions for DFA Form 808, DFA SR 12-29/November, 2012

1 single-sided sheet

 

DISPOSITION

 

This SR may be destroyed or deleted after its contents have been noted and the revised manual topics released by this SR have been posted to the On-line manuals.

 

DISTRIBUTION

 

This SR, and revised On-Line Manuals, will be available for agency staff in the On-Line Manual Library, and for public access on the Internet at www.dhhs.nh.gov/DFA/publications.htm, effective December 31, 2012. Additionally, this SR, and printed pages with posting instructions, will be distributed under separate cover to all internal hard copy holders of the Food Stamp and Forms Manuals.

 

DFA/JBV:s

 

 

CERTIFICATE OF DESTRUCTION

I certify that all copies of Form 808(Bo), dated 11/09, rev 6/11, SR 09-11, and all earlier versions if any exist in the Office, have been destroyed.

District Office Manager of Operations:

 

District Office:

 

 

 

Return this certificate to the DFA Policy Unit, 129 Pleasant St, Brown Bldg, 3rd Floor, Concord, NH 03301, after the instructions in the SR have been carried out.