SR 97-45 Dated 12/97

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

 

DATE:

December 10, 1997

FROM:

OFFICE OF THE ASSISTANT COMMISSIONER

AT (OFFICE):

Department of Health and Human Services

Office of Family Services

SUBJECT:

SR 97-45: Release of Policy Changing Upper Age Limit of HC-CSD Eligibility to 19; Food Stamp Exemption for Burial Funds; Minor Miscellaneous Technical Changes and Corrections to Chapters 200, 300, 400, 500, and 800; Revised Form NHEP101, Your Rights in the Workplace

TO:

DTA Supervisors

NHEP Teams

Effective Date:

December 15, 1997

 

SUMMARY

 

This SR releases policy changing the upper eligibility limit for Home Care for Children with Severe Disabilities (HC-CSD) to "through 18." Also, food stamp policy has been revised to implement policy making the treatment of burial funds as a resource identical to TANF policy. Prior to this SR, food stamp policy did not address treatment of the resource. In addition, other changes to manual pages are being released by this SR and reflect miscellaneous policy clarifications or corrections as well as minor technical and editorial changes.

207.11 When a Dependent Child Reaches Maximum Age - TANF

225 HOME CARE FOR CHILDREN WITH SEVERE DISABILITIES

- TANF

225.07 HC-CSD Children Turning 18 - TANF

245.03 Criteria for Exemption from ABAWD - FS

303.01 Residence for Eligibility - TANF

303.01 Residence for Eligibility - FS

409 BANK ACCOUNTS - TANF

409 BURIAL FUND - FS

409 JOINTLY OWNED RESOURCES - TANF

819 FOOD STAMP JOB SEARCH - FS

 

HC-CSD ("Katie Beckett") Age Limit Change

 

The age limit applied to HC-CSD ("Katie Beckett") cases has been revised following a review of federal regulatory language. Now eligibility is through age 18, rather than to age 18.

However, two months before the child turns 18, continue to provide the option of applying for APTD status or remaining HC-CSD until reaching age 19. There is no longer a requirement that the child be a full time high school level student in order to remain open past age 18.

 

 

Burial Fund Treatment in Food Stamp Program

 

Federal Food Stamp law now requires that the treatment of the value of Burial Funds as a resource in the food stamp program be identical to existing TANF treatment, i.e., the equity value of the fund, less $1500, is a countable resource. Previously, burial funds were excluded as a resource in determining FS resource eligibility. FAM 409 has been revised accordingly.

 

Additional FAM Changes

 

The following unrelated additional changes and/or corrections have been made to the FAM. A brief explanation is provided for changes to each chapter.

 

Chapter 200

 

A reference to "See also" information on students following Section 207.11 was deleted as obsolete.

 

An Exception was added to 245.03, Criteria for Exemption from ABAWD Work Participation Requirements, which specifies that the migrant worker exemption from work registration requirements does not exempt Able Bodied Adults Without Dependents (ABAWD) from the special ABAWD work participation requirements.

 

Chapter 300

 

Eligibility limitations based on being a temporary resident of NH were moved to the TANF side of the manual page because, with the exception of vacationers, they do not also apply to the food stamp program. The exception denying food stamp eligibility to individuals temporarily residing in NH while on vacation has been added to food stamp policy at FAM 303.

 

Chapter 400

 

Under BANK ACCOUNTS, Exception, incorrect language in the definition and treatment of a "working checking account" was corrected.

 

Under JOINTLY OWNED RESOURCES, the wording of the TANF introductory paragraph was changed to note that treatment of this type of resource depended on when the joint ownership was established (prior to November 1, 1995, or after November 1, 1995).

 

Chapter 800

 

An additional exemption from participation in supervised job search for the Food Stamp program was added to FAM Chapter 800 for individuals in their third trimester of pregnancy. This policy change was released by SR 97-30, effective August 25, 1997. However, due to an oversight it had not been added to FAM 819.

 

 

 

Form NHEP101

 

Form NHEP101, Your Rights in the Workplace, has been revised to include reference to NH state law prohibiting discrimination in the workplace on the basis of sexual preference. Form NHEP101 is provided to NHEP participants in Alternative Work Experience Program (AWEP) placements to inform them of the workplace rights and protections to which they are entitled. Form NHEP101(i), Instructions, is not being revised at this time.

 

IMPLEMENTATION

 

For HC-CSD cases, implement the new upper age limit at the next redetermination of eligibility.

 

For currently open Food Stamp cases, apply the new treatment for burial funds at the next recertification.

 

NHEP teams may continue to use Form NHEP101 dated 10/97 until supplies are exhausted. As soon as stocks are depleted, NHES Printing Services will fill reorders for Form NHEP101 with the revised version released by this SR.

 

POSTING INSTRUCTIONS

 

Remove and Destroy Insert

 

Family Assistance Manual

 

Sections 207.09 to 209.05, SR 97-9/March 1997, 1 sheet

Sections 207.09 to 209.05, SR 97-45/ December 1997 and SR 97-9/March 1997,

1 sheet

 

Sections 223.07 to 227.01, SR 97-9/March 1997, 2 sheets

Sections 223.07 to 227.01, SR 97-45/December 1997 and SR 97-9/March 1997, 2 sheets

 

Section 245.03 to 245.05

SR 97-30/August 1997 and SR 96-58/August 1996(incorrectly says 1997), 1 sheet

Section 245.03 to 245.05

SR 97-45/December 1997 and SR 96-58/August 1996, 1 sheet

 

 

Part 301 through Section 303.11, SR 94-4/April 1994, SR 97-13/May 1997, and SR 97-38/October 1997, 2 sheets

Part 301 through Section 303.11, SR 94-4/April 1994and SR 97-45/December 1997,

2 sheets

 

 

 

 

 

POSTING INSTRUCTIONS (cont.)

 

 

Part 409, BANK ACCOUNTS through CERTIFICATES OF DEPOSIT, SR 94-4/

April 1994, 1 sheet

Part 409, BANK ACCOUNTS through CERTIFICATES OF DEPOSIT, SR 97-45/

December 1997, 1 sheet

 

Part 409, INTEREST through KEOUGH PLAN, SR 96-2/January 1996, 1 sheet

 

Part 409, INTEREST through KEOUGH PLAN, SR 97-45/December 1997, 1 sheet

 

Part 817 to Section 819.01

SR 97-30/August 1997

1 sheet

 

Forms Manual

 

Form NHEP101, SR 97-38/October 1997,

1 sheet

Part 817 to Section 819.01

SR 97-30/August 1997 and SR 97-45/December 1997, 1 sheet

 

 

 

Form NHEP101, SR 97-45/December 1997,

1 sheet

 

DISPOSITION

 

This SR can be destroyed after its contents have been noted and its posting instructions carried out.

 

DISTRIBUTION

 

This SR only will be distributed according to the narrative distribution list for the FAM and Forms Manuals. This SR and pages will be forwarded to all holders of the FAM and Forms Manuals .

 

 

DTA/md/s

Attachments