SR 02-13 Dated 07/02

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

 

SIGNATURE DATE:

May 8, 2002

FROM:

OFFICE OF THE DIRECTOR Mary Anne Broshek

AT (OFFICE):

Division of Family Assistance

TO:

DFA Supervisors

Managers of Administration

 

SUBJECT:

Release of Revised Emergency Assistance (EA) Policy; Elimination of the Lien Requirement Associated with Payments for Mortgage Arrearages; Revised Property Ownership Criteria for Receipt of EA Payments Due to Mortgage Arrearages; Revised Form 77r, Emergency Assistance for Housing: What You Need to Know; and Obsolescence of Form 761, Acknowledgement of Emergency Assistance Lien, and Its Instructions

EFFECTIVE DATE:

July 1, 2002

/Á*This SR:

·   eliminates the lien requirement associated with emergency assistance (EA) payments for mortgage arrearages;

·   revises the property ownership criteria for EA payments requested for mortgage arrearages;

·   obsoletes Form 761, Acknowledgement of Emergency Assistance Lien, and its instructions; and

·   releases revised Form 77r, Emergency Assistance for Housing: What You Need to Know.

 

Current Policy

Revised Policy

 

·   EA applicants requesting payment for mortgage arrearages must sign Form 761, Acknowledgement of Emergency Assistance Lien, and agree that a lien be placed on their property as an eligibility requirement for receipt of such payments.

 

·   If EA payments for mortgage arrearages are approved and payment is made, the Office of Finance places a lien on the clients property.

 

·   The applicant must be the owner of the residence to be eligible for EA payments for mortgage arrearages.

 

·   The lien requirement associated with EA payments for mortgage arrearages will be eliminated, and Form 761 will be obsoleted.

 

·   As of the SR effective date, the Office of Finance will release all existing liens that have been placed on property due to receipt of EA payments for mortgage arrearages, and will stop filing new liens for these payments.

 

·   The applicant no longer has to be the current owner of the residence in order to be eligible for EA payments for mortgage arrearages.

 

POLICY

 

Effective July 1, 2002:

 

·   applicants who request EA for mortgage arrearages will no longer have to sign Form 761, Acknowledgement of Emergency Assistance Lien, as an eligibility requirement for receipt of EA payments;

·   the Department will no longer file liens on the property of individuals who receive EA payments for mortgage arrearages; and

·   the Office of Finance will release any liens that are still in place due to receipt of EA payments for mortgage arrearages.

 

In addition, applicants no longer have to be the current owner of the residence to be eligible for EA payments for mortgage arrearages. If not the current owner, the EA applicant must demonstrate that:

 

·   a court order authorizes a future transfer of the property to the applicant or to any of the individuals who reside on the property provided their needs, income and resources are used to determine eligibility for emergency assistance; or

·   any of the individuals whose needs, income and resources are used to determine eligibility for emergency assistance:

 

- reside on the property; or

- reside on the property and own the property with a spouse or adult child who also resides on the property.

 

Revised Family Assistance Manual Topics

 

703.07 Emergency Assistance Payment Limits

 

FORMS

 

Form 761, Acknowledgement of Emergency Assistance Lien

 

Form 761, Acknowledgement of Emergency Assistance Lien, and its instructions have been obsoleted. Any copies in District Office possession must be recycled or destroyed.

 

Form 77r, Emergency Assistance For Housing: What You Need to Know

 

Form 77r, Emergency Assistance For Housing: What You Need to Know, has been revised to delete references to the lien requirement for EA payment for mortgage arrearages. Revised Form 77r will be distributed to District Offices under separate cover prior to July 1, 2002.

 

PROCEDURES FOR NEW HEIGHTS WORKAROUND

 

DFA has submitted a New HEIGHTS systems request to eliminate the lien and reimbursement question on the "Emergency Assistance" screen. Until this request is implemented, District Offices must use the following "workaround" procedures when processing an EA request for assistance with mortgage arrearages:

 

·   reply "yes" to the question "If applying for the mortgage arrearage, has the lien and reimbursement agreement been signed?" found on the "Emergency Assistance" screen under the "Rent/Mortgage Information" tab; and

·   enter the following statement on the "Maintain Case/Indv Comments" screen:

"The question on the EA screen regarding signing the lien and reimbursement agreement has been answered as "yes" to enable New HEIGHTS to issue EA payments for mortgage arrearages. The lien requirement for receipt of EA mortgage arrearages has been eliminated per SR 02-17, effective 7/1/02."

 

IMPLEMENTATION

 

The revised policy applies to all new EA applicants who request EA payments for mortgage arrearages on or after July 1, 2002. The Office of Finance will date the Release of Lien Form to the appropriate county July 1, 2002 for individuals with liens on their property due to receipt of EA payments for mortgage arrearages.

 

CLIENT NOTIFICATION

 

There are less than 15 cases statewide whose property liens will be released due to the revised policy. The Office of Finance will notify affected individuals by mail. District Offices will be provided with the names of individuals whose liens will be released and will be sent a copy of the client letter under separate cover.

 

TRAINING

 

No training is planned.

 

POSTING INSTRUCTIONS

 

Remove and Destroy

Insert

 

Forms Manual

 

Form 77r,

SR 01-09/June 2001,

1 sheet

 

Form 761,

SR 92-22/April 1992,

1 sheet (3-part NCR)

 

POSTING INSTRUCTIONS (continued)

 

Form 761(i),

SR 92-22/April 1992,

1 sheet

 

 

Form 77r,

SR 02-13/July 2002,

1 sheet

 

None

 

 

 

 

 

None

 

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 will be distributed according to the electronic distribution list for Division of Family Assistance policy releases. 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 http://www.dhhs.state.nh.us/PMIndex.htm, effective July 1, 2002.

 

This SR, and printed pages with posting instructions, will be distributed under separate cover to all hard copy holders of the Family Assistance and Forms Manuals.

 

DFA/SJC:s