SR 23-37 Dated 10/23 |
STATE OF NEW HAMPSHIRE
DEPARTMENT OF HEALTH & HUMAN SERVICES - Bureau of family assistance (bfa)
INTER-DEPARTMENT COMMUNICATION
FROM THE OFFICE OF: |
Administrator IV of Bureau of Family Assistance (BFA) Debra E. Sorli |
BFA SIGNATURE DATE: |
October 17, 2023 |
AT (OFFICE): |
Bureau of Family Assistance |
TO: |
All BFA Staff |
SUBJECT: |
Shelter Allowances for SNAP Households in Group Living Arrangements |
EFFECTIVE DATE: |
Retroactive to July 27, 2023 |
SUMMARY
This Supervisory Release (SR) releases policy regarding allowable shelter costs for SNAP households in group living arrangements. This SR also provides clarification and guidance on SNAP eligibility for residents of institutions that normally provide meals, including group living arrangements, homeless shelters, drug and alcohol treatment centers, and shelters for battered women and children.
FORMER POLICY |
NEW POLICY |
Apply the community residence shelter allowance ($392) if an individual resides in a certified community residence. Do not allow actual shelter costs if the individual is entitled to the community residence shelter allowance. Do not deduct standard utility allowances in addition to the community residence shelter allowance. Exception: Allow the telephone-only standard if an individual living in a certified community residence incurs telephone expenses.
|
For households residing in a group living arrangement, including a certified community residence, determine shelter costs as follows: · If the household is charged for room and board/meals as separately identifiable charges, allow only the room portion as a shelter expense. · If the household is charged a flat rate for combined room and board/meals, subtract the maximum SNAP allotment for the household size and allow the remainder as a shelter expense. · Allow the telephone-only SUA if the individual incurs phone expenses or the utilities-only SUA if the individual incurs phone & internet/data expenses. |
BACKGROUND
The community residence shelter allowance of $392 was established in 1991 with the adoption of New Hampshire administrative rule He-W 756.03, and that amount has been used since for developmentally disabled individuals residing in certified community residences as a set shelter cost that included all utilities, except telephone. He-W 756.03 was readopted effective July 27, 2023 and has been amended to include the procedure for determining shelter costs for all group living arrangements, and the set shelter allowance of $392 has been removed. Shelter costs will now be determined on an individual basis, as they are with any other SNAP household.
POLICY
7 CFR 273.1(b)(7)(vi) states that residents of an institution, with some exceptions, are not eligible to participate in SNAP. Individuals are considered a resident of an institution if the institution provides them with the majority of their meals (over 50% of 3 meals daily) as part of the institution’s normal services. The following are the exceptions to this regulation and may participate in SNAP, if otherwise eligible:
§ Individuals who are residents of federally subsidized housing for the elderly;
§ Individuals who are narcotic addicts or alcoholics and reside at a facility or treatment center for the purpose of regular participation in a drug or alcohol treatment and rehabilitation program. This includes the children but not the spouses of such persons who live with them at the treatment center or facility;
§ Individuals who are disabled or blind and are residents of group living arrangements;
§ Individual women or women with their children who are temporarily residing in a shelter for battered women and children; and
§ Individuals who are residents of public or private nonprofit shelters for homeless persons.
A group living arrangement is defined in 7 CFR 271.2 as a public or private nonprofit residential setting that serves no more than 16 residents and is certified by the State under section 1616(e) of the Social Security Act. Section 1616(e) requires states to establish, maintain, and ensure the enforcement of standards for any category of institutions, foster homes, or group living arrangements in which a significant number of recipients of SSI benefits is residing or is likely to reside. To be eligible for SNAP benefits, a resident of a group living arrangement must be blind or disabled. Community residences are one type of group living arrangement in New Hampshire. A community residence is an agency residence or family residence, certified by the Department, that provides residential services for at least one individual with a developmental disability, an acquired brain disorder, or a behavioral health diagnosis.
Prior to certifying an individual for SNAP benefits, verify the group living arrangement’s status. Accept as verification copies of certificates or licenses, or a permit from the Food and Nutrition Service (FNS) showing the facility is authorized to act as a retail food store.
Since meals are typically included at these types of facilities, the allowable shelter costs must be calculated with this in mind.
· If the household is charged for room and board (meals) as separately identifiable charges, allow only the room portion as the shelter cost.
Example: The individual is charged $650/month for room and $400/month for board (meals). Allow only the $650/month as the shelter cost.
· If the household is charged one flat/bundled fee for room and board, subtract the maximum SNAP allotment for the household size and the remainder will be the allowable shelter cost.
Example: The individual is charged a flat fee of $1250/month for room and board. The household size is 1 and the maximum SNAP allotment is $291.
$1250 - $291 = $959 is the allowable shelter cost.
Residents of group living arrangements are allowed either the telephone-only SUA, if responsible for telephone expenses, or the utilities-only SUA, if the individual pays for a telephone and internet/data expenses.
NEW HEIGHTS & NH EASY SYSTEMS PROCEDURES
New HEIGHTS Update(s)
There are no updates to New HEIGHTS procedures. The community residence shelter allowance was not automated in New HEIGHTS; shelter costs must be manually calculated and entered. Always enter a clear case comment showing how the shelter cost was determined.
An F3 page has been created for ‘Group Living Arrangements Shelter Costs’ and this is linked on the F1 page for the Shelter Cost Details tab in the Shelter Cost screen.
NH EASY Update(s)
There are no updates to NH EASY.
POLICY MANUAL REVISIONS
Food Stamp Manual Topics
Section 211.01 Who Must Be Members
Section 211.11 Who Is Not a Member
PART 235 GROUP LIVING ARRANGEMENTS
Section 235.01 Definition of Group Living Arrangement
Section 235.03 Responsibilities of the Group Living Arrangement
Section 235.07 Disqualified Group Living Arrangements
Section 235.09 Decertified Group Living Arrangements
Section 235.11 Required Verification
Section 307.01 Eligibility Within Institutions
PART 601 Table I: SNAP Deductions
PART 601 Table J: Shelter Treatment
Section 603.09 Other Allowable Deductions – Shelter Deduction
Section 603.09 Other Allowable Deductions – Utility Standards
Section 701.11 Group Living Arrangements
IMPLEMENTATION
This policy is effective July 27, 2023. All cases in community residences have had their shelter costs adjusted, if necessary, by State Office.
CLIENT NOTIFICATION
No special client notification is planned or needed.
TRAINING
No special training is planned or needed.
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 Online Manuals.
DISTRIBUTION
This SR will be distributed according to the electronic distribution list for BFA policy releases. This SR, and revised Online Manuals, will be available for agency staff in the Online Manual Library, and for public access on the Internet at https://www.dhhs.nh.gov/sr_htm/sr.htm, effective 11/01/2023.
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