SR 03-34 Dated 08/03

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

SUMMARY

This SR releases changes and clarifications to policy and procedures related to the TANF 60-month lifetime limit hardship extension process. Form 785, Hardship Extension Review Questionnaire, has been revised accordingly.

In addition, this SR releases unrelated revisions to the following New HEIGHTS-generated forms:

·   AE0069, Referral Letter for the NHEP;

·   CM0010, TANF Clock Notice for Years 1-3;

·   CM0011, TANF Clock Notice for Year 4;

·   CM0012, TANF Clock Notice for Year 5;

·   WP0001, Employment and Training Services Approval Letter;

·   WP0002, Employment and Training Services Change Letter;

·   WP0003, Employment and Training Services Close Letter;

·   WP0005, Failure to Participate Letter;

·   WP0006, NHEP Work Program Close Letter;

·   WP0008, Job Search Component Letter;

·   WP0011, Congratulations on Your New Job; and

·   WP0017, Work For Benefit Component Change Letter.

The chart below summarizes the new hardship policy changes:

NEW HARDSHIP POLICY

Hardship Extensions for Cases that Closed in Sanction Status

Individuals whose TANF financial assistance case closed at 60 months while in sanction status, are not eligible for a hardship extension unless all of the following requirements are met:

·   the individual cures the sanction (see below);

·   the individual meets all TANF eligibility requirements and one or more of the hardship criteria;

·   the individual submits a completed hardship extension request with all required verification; and

·   the Hardship Extension Review Committee approves the hardship extension request.

NHEP Sanction

Cases that are in an NHEP-related sanction and are closed for reaching the 60-month lifetime limit, are considered "in compliance" immediately upon the individual participating in an approved NHEP activity, regardless of sanction level at the time of the case closing. For example, individuals in a first level NHEP-related sanction status whose financial assistance case is subsequently closed due to reaching the 60 month lifetime limit, will not be required to participate for two weeks in an approved NHEP activity before being considered in compliance, but are considered "in compliance" upon participation, as is currently done at a level 2 or level 3 sanction.

Child Support/Voluntary Quit Sanctions

Individuals closed due to reaching the 60 month lifetime limit who were in sanction status at the time of closing due to non-cooperation with child support or for voluntary quit, do not have to meet compliance requirements specified in FAM 311.15, Refusal to Cooperate, or FAM 315.05, Sanctions/Disqualifications for Voluntary Quit, before a hardship request can be presented to the Hardship Extension Review Committee and TANF eligibility determined.

Note: For all other sanction situations that do not involve hardship extension requests, current policy regarding compliance requirements for first, second, and third level sanctions remain unchanged.

Hardship Extensions Due to Disability

An individual who has been approved for a hardship extension due to a disability must apply for all potential disability benefits for which the individual is entitled, before a subsequent hardship extension due to the same disability can be approved. Potential benefits include, but are not limited to, Aid to the Permanently and Totally Disabled (APTD), Supplemental Security Income (SSI), and Social Security Disability Income (SSDI).

Interim Approval Process for Reapplications for Hardship Extension Requests After 60 Months

In order to meet the 45-day TANF application processing timeframe per FAM 117, APPLICATION PROCESSING TIME FRAMES, the Hardship Extension Coordinator, as the DFA Director’s designee, may grant a temporary approval on a request for a hardship extension that is part of a reapplication after 60 months.

Since the Hardship Extension Review Committee meets only once a month (currently the first Thursday of the month), Family Services Specialists (FSS) must determine if the Committee’s next scheduled meeting will take place within the 45-day processing timeframe:

·   If the Committee meeting date is within the 45-day timeframe, FSS must simply mark the hardship extension request as a "Reapplication after 60 Months," noting the actual application date. This will alert the Hardship Extension Coordinator to the status of the request.

·   If, however, the Committee meeting date is very close to or past the 45-day timeframe, the FSS must mark the hardship extension request as stated above, but also follow up with an email to the Hardship Extension Coordinator regarding the status. If an emergency decision must be made in order to meet the timeframes, then the Hardship Extension Coordinator will enter a temporary approval on the case until the Committee meets. The Hardship Extension Coordinator will add text to the New HEIGHTS-generated AE0098, Approval Letter, advising the client of the temporary approval in effect until the Committee reviews the request, and that the Committee could reverse the temporary approval.

If the Committee cannot act on the request at the next meeting, either because of State Office processing delay or because the Committee requests further information, the temporary approval remains in effect until such time as the Committee makes a final decision.

If the Committee eventually denies the individual’s request for a hardship extension, the benefits that were issued in the interim approval period will not be recouped.

Note: If the Committee denies the individual’s hardship extension and the individual requests an administrative appeal within the advance notice period, benefits that were approved during the interim approval period may continue upon request, pending the outcome of the appeal. However, if the client loses the appeal, the benefits received during the period between the Committee denial and the administrative appeal are subject to recoupment.

Extension Requests Between TANF Months 58 and 60

The review process for the DFA Director or designee to approve or deny extension requests submitted between TANF Clock months 58 and 60 has been eliminated. The DFA Director or designee may provide a temporary approval on reapplications after 60 months to meet the 45-day TANF processing timeframe.

New FAP Category for Certain Individuals Caring for a Disabled Relative, Assistance Group Member, or Spouse

When a hardship extension has been granted due to the individual caring for a disabled relative, assistance group member, or spouse, and the individual subsequently requests an extension for the same reason, the Hardship Extension Review Committee will review the request to determine if the family’s circumstances warrant a recommendation that it be permanently exempted from NHEP work requirements. If the Committee makes this recommendation, and the individual agrees, the case will be transferred to the Family Assistance Program (FAP). Since individuals participating in FAP are permanently exempted from closure due to the 60-month time limit, the individual will no longer have to request a hardship extension to continue to receive TANF financial assistance.

This new FAP category will only be applied by the Hardship Committee to certain families requesting a hardship extension. See section below, PROCEDURES: New FAP Category, for procedures.

RELATED HARDSHIP POLICY CLARIFICATIONS

Hardship Extension Requests after Closure for Reaching 60 Months

An individual whose case has closed due to reaching the TANF 60-month lifetime limit and who subsequently reapplies for TANF financial assistance, will not be eligible for cash assistance unless:

·   all TANF eligibility requirements are met; and

·   a hardship extension request is filed with and approved by the Hardship Extension Review Committee.

Since the hardship extension request directly relates to TANF eligibility, the extension request is conducted by FSS at the District Office and not by the NHEP team. If mandatory for NHEP, the applicant is then referred to the NHEP team.

If the individual does not meet any of the hardship extension criteria and/or does not apply for a hardship extension that is subsequently approved, the individual is not eligible for TANF cash.

Note: "Complying with NHEP" is not a valid extension reason for a reapplication after 60 months closure since there has been a break in assistance (i.e., if the individual has been closed for TANF, then the individual has not been participating in NHEP and therefore has had no ability to comply or not comply with NHEP at the time of their hardship request).

The applicant must return required verification supporting the hardship criteria within 10 days per FAM 107, PROVIDING VERIFICATION. FSS must then review the verification provided by the individual to ensure it is legible and complete. For example, if the physician completing the Form 752, Physician/Psychologist Statement of Exemption/Limitation from NHEP Work Requirement, does not indicate an anticipated release date or whether the illness/injury/incapacity prevents the client from working or participating in education/training programs, the FSS must obtain this information.

Note: The eligibility "begin date" for extensions granted to TANF reapplications after 60 months closure is dependent upon the date of application per FAM 123, Benefit Delivery Timeframes, instead of when TANF financial assistance originally ended due to the 60 month lifetime limit.

FORMS REVISIONS

Form 785, Hardship Extension Review Questionnaire

Form 785, Hardship Extension Review Questionnaire, was revised and updated as follows:

·   The cover sheet was expanded to include:

-   the extension request number (e.g., is this the first or third extension request);

-   a check-off box for if the request is a reapplication after the case has closed due to reaching the 60-month time limit and a space to indicate the reapplication date, which is only completed if there has been a break in assistance;

-   space to indicate prior request(s) criterion and the decisions regarding those prior requests;

-   a new check-off box for if an extension is not requested, and space to provide the reason;

-   an expanded checklist of information to be included with the Form 785; and

-   the address to send the completed extension request packets.

·   Text referencing "Case Technician" was replaced with "Family Services Specialist." Similarly, text referencing "Employment Support Counselor" was replaced with "Employment Counselor Specialist;"

·   Clarification was added that compliance with NHEP is an appropriate extension criterion after 60 months, unless there has been a break in assistance;

·   Text was added to the verification requirements for requests based upon unemployment; applicants must now provide the names of the employers contacted and the dates contacted in the client’s statement describing their efforts to find a job;

·   Text was added to clarify verification requirements for "Hardship Criterion #10," Special Circumstances Not Covered by Any Other Criterion; applicants may request an extension using this hardship reason only if they were in compliance with NHEP work program and TANF program requirements when their previous eligibility ended;

·   Space to provide the interpreter’s name and signature was added to the client signature pages;

·   A new signature page indicating the client’s understanding that upon receiving an extension they must continue to work with NHEP and TANF staff and continue to meet all program expectations, was added to the extension request packet; and

·   Space to indicate the client’s due date for verification was added to the last page of the extension request packet entitled, Documentation to Prove You Have a Hardship.

Form 785 and associated documentation is filed in Section IV of the ECS case record, and Section V of the eligibility file maintained by the FSS.

NHEP Forms

Several of the New-HEIGHTS-generated NHEP letters released in this SR were revised to replace "Employment Support Counselor" with "Employment Counselor Specialist" and "Case Technician" with "Family Services Specialist." However, the Time Clock Notices were more extensively revised to emphasize that the purpose of the NHEP program is to prepare individuals for work and finding a job. Therefore, text focusing on education and training was altered to refocus on job search and employment.

These New HEIGHTS-generated forms were updated effective August 1, 2003.

Note: Due to the large number of forms released in this SR, paper copies of the NHEP forms and Form 785 will be released under separate cover and will not be attached to the paper copy of the SR. As such, no "Forms Posting Instructions" are included in the SR.

PROCEDURES

Hardship Extensions for Cases that Closed in Sanction Status

Because New HEIGHTS will not pend the case until a sanction has been cured, the FSS must manually refer the individual to the NHEP team so that the ECS can lift the sanction (if the sanction was imposed by NHEP). The FSS must then rerun eligibility (EDBC) to pend the case. If the individual now meets exemption criteria (perhaps because of the hardship), the FSS must enter the appropriate information on New HEIGHTS to exempt the individual.

FSS and ECS must coordinate efforts so that individuals are provided with the opportunity to come into compliance in a timely manner, and cases do not exceed the 45-day processing timeframes.

Opening Other Programs When a Request is Made for a Hardship Extension

Although TANF financial assistance is the only program that is affected by the 60-month lifetime limit, New HEIGHTS pends the entire case when a request is made for a TANF hardship extension. Because eligibility for medical assistance, Food Stamps, and Child Care is not dependent upon approval of the hardship extension, the FSS must do the following so that other requested assistance does not pend:

1. Deselect "Cash" on the "Program of Assistance" screen;

2. Run eligibility on the case;

3. Confirm the other programs;

4. Return to the "Program of Assistance" screen;

5. Select "Cash;"

6. Rerun eligibility so that financial assistance is left pending.

Hardship Extension Cases that Close in Sanction

Individuals who have been granted a hardship extension must comply with all TANF and NHEP requirements. If the individual is sanctioned anytime during the extension period, cash assistance is terminated in accordance with FAM 165, TERMINATION OF FINANCIAL ASSISTANCE. If the hardship extension was previously approved based upon the reason "Complying with NHEP," the individual cannot use this as an extension reason if the individual reapplies for an extension.

Currently, if an assistance group is granted an extension and is subsequently sanctioned prior to the end of their 60-month time limit (e.g., at month 58), the system will not automatically close the case in the 120th payroll closing run. The FSS, using an appropriate "tickler" method, must run eligibility on the case two days after payroll deadline for the 120th payroll. The TANF clock is updated the day after payroll deadline. Running eligibility after the TANF clock update will ensure that the financial assistance will close, since no assistance group can remain open in sanction over 120 payrolls.

Additional Extension Requests

New HEIGHTS generates a letter in the 4th month of an extension period informing the client that the individual must contact the FSS/ECS if another extension is needed. When New HEIGHTS generates this letter, the client’s name will appear on the NCM605RA report with a status of "Contact Required." FSS and/or ECS must then follow up the New HEIGHTS-generated client letter with an appointment letter giving the client an opportunity to request another extension. If there is no response to the New HEIGHTS-generated letter or the FSS/ECS-generated follow-up appointment letter, FSS and ECS are encouraged to call the client.

Those individuals who are participating with NHEP can use "Complying with NHEP" as a reason for a subsequent extension request, if appropriate.

Reopening Cases Due to Error

A number of cases close for NHEP cash each month because a subsequent extension has not been requested in a timely manner by the worker. If benefits should continue unbroken because of this or because of other factors that are not the fault of the client, the FSS or the ECS must contact the Hardship Extension Coordinator by telephone or email.

The FSS or ECS can enter the request information on the TANF 60-Month screen but the case will not reopen unless an approval has been entered. In these instances, the Coordinator will enter a temporary hardship extension approval on the "60-Month" screen and suppress the notice to the client. FSS must then select "Cash" on the "Program of Assistance" screen using the date eligibility is to begin as the "Effective" and "Auth" dates. The FSS must then rerun eligibility on the case and confirm, checking to ensure, before confirmation, that the case has built correctly for the time periods needed. Once the case is confirmed, the Coordinator will delete the approval using "Delete from Database" as a reason and then do an "Add" to re-enter the request information on the "60 Month" screen, leaving it at either "Request Pending" or "Sent to Coordinator," depending upon the situation.

Redetermination Confirmation

If a redetermination cannot be confirmed because a hardship decision has not been made for the case yet, the Hardship Extension Coordinator must be contacted. The Coordinator will enter a temporary hardship approval on the "60 Month" screen and suppress the notice. The worker can then run eligibility to confirm the redetermination. After the redetermination is confirmed, the Hardship Extension Coordinator will delete the temporary approval and set the "60 Month" screen back to the proper status until the Hardship Extension Review Committee makes an official decision.

Cases that Close and Reopen within 30 Days

If a closed case that was previously approved for a hardship extension is reopened within 30 days, the FSS or DFA Supervisor must contact the Hardship Extension Coordinator to have the approval re-entered as long as the reason for the hardship extension is still valid (e.g., if there is still a medical disability, etc). However, if the client is no longer experiencing the same hardship, this approval cannot be provided, and the client will need to reapply for an extension.

Note: If the reason an extension was granted was "Complying with NHEP," and the individual closed due to being sanctioned, this reason cannot be used to reopen the hardship extension.

Hardship Extensions Due to Disability

Prior to sending an extension request to the Hardship Extension Coordinator, FSS must examine all previous extension history to see if the current extension applicant has had a previous extension approved based upon disability. If the applicant has had a previous extension approved based upon disability:

1. enter the appropriate extension request information into the "60 Month Extension Details" tab, and mark the request as "Request Pending/Not Yet Verified;"

2. complete the "Benefits Applied for Outside of HEIGHTS" screen, marking the fields "Not Yet Verified," as appropriate. If the benefit is APTD, use "Other Disability Benefits," and document in "Case Comments" that this represents APTD; and

3. if the individual does not comply with applying for the other benefits within the required timeframe, change the "60 Month Extension Request" to "Refused/Failed to Verify," mark the "Benefit Application Date" on the "Benefits Applied For Outside of HEIGHTS" screen as "Refused/Failed to Verify," and run eligibility.

EDBC will fail the case for "Failure to Provide Information" and generate a NOD in which the "Missing Information" section of the notice is populated with the relevant information. The FSS must also add free form text to the notice to specify that it was failure to apply for disability benefits.

Interim Approval Process

The Hardship Extension Coordinator will insert a text message into the free-form text section of the AE0098, Approval Letter, when the Coordinator enters a temporary approval on an extension request. This text will explain the temporary approval process and let the client know that the temporary approval could be overturned by the Committee when the Hardship Committee meets, but if this occurs, the client will be notified accordingly. FSS will be notified under separate cover when this function becomes automated.

New FAP Category

The Hardship Committee determines the cases that will meet this new category. If the family agrees to this assessment, the Hardship Extension Coordinator will transfer the assistance group to FAP by overriding the individual's "Work Program Status" on the "Referral" screen to "Mandatory" so that the family is referred to the NHEP team, and then the NHEP team will use existing procedures to transfer the case to FAP. The Hardship Extension Coordinator will contact the NHEP Team in these circumstances to ensure a smooth transition. New HEIGHTS upgrades are in process to automate the FAP-transfer process. Staff will be notified under separate cover when the system changes are complete.

Administrative Appeals

If a client appeals a decision by the Hardship Extension Review Committee, the Hardship Extension Coordinator will prepare the hearing summary detailing the Department’s position and will attend the hearing. The District Office Supervisor and the FSS (for exempt individuals) or the ECS (for mandatory participants) should also attend the hearing.

Benefits may be continued as part of the appeals process if the request is made timely, per FAM 141.01, Fair Hearing Requests and the ANP. The District Office must set the Administrative Appeals status to "Pending" at the bottom of the "60 Month" screen. Once eligibility is run, the benefits will remain open. After the administrative appeals officer makes a decision, the status must be updated to "Lost" or "Won" by the supervisor.

If the client loses the appeal, the benefits paid in the interim period are subject to recoupment.

If an appeal can be resolved without going to a hearing, however, the District Office/NHEP team should make every attempt to do so. For example, if the reason for the denial is that the client did not provide enough information to support the request, field staff should inform the client of this and request further information. The client can still appeal the decision but if the verification is subsequently provided, the Hardship Extension Review Committee can revisit the decision at its next meeting. If the decision is reversed, the Administrative Appeals Unit is notified so that the hearing can be cancelled.

FSS/ECS "Support for Request"

The FSS/ECS statement pages contained in the extension request packet, in which FSS and ECS provide narrative and documentation for support/nonsupport of the extension requests, are crucial in the Committee’s deliberation of the hardship extension request because they provide insight into the case. However, if a client has a history of non-compliance with NHEP and the ECS cannot support the extension for this reason, the client may still be approved for an extension if the individual is currently in compliance and all other requirements are met. Sanctions are tools to engage clients. If a client is or has been only minimally compliant or there are grounds for non-compliance and sanction, FSS and ECS must address this issue prior to the hardship extension request.

Verification Timeframe for Committee Information Requests

When the Hardship Extension Review Committee asks for additional information on a hardship extension request, FSS and ECS must give the client 10 days to provide the information. If verification is not provided timely, or if extra time is needed, FSS and ECS must notify the Hardship Extension Coordinator. Only in rare circumstances should there be more than one month’s turn-around time before the Committee is able to review the case again.

Updating the TANF Clock

The TANF Clock is updated automatically by New HEIGHTS when benefits are generated to an individual. It is also updated any time information is changed on the Out-of-State TANF Clock. However, the TANF Clock is not automatically updated in the situations listed below; these will require an override to ensure that the TANF Clock reflects the actual number of months an individual has received TANF financial assistance:

·   If a supplemental benefit is issued to cover a roll-back period, the TANF Clock must be increased by the number of pay periods covered in the "supplemental" that is actually a roll-back.

·   If a benefit is cancelled and no reissue or replacement is requested, the TANF Clock must be reduced by the number of pay periods that the cancellation covers.

Only supervisors can override the TANF Clock using the "TANF Clock Details" screen. Overrides automatically reset the clock to whatever is entered in the override fields.

Note: It is not necessary to adjust the TANF Clock for out-of-state benefits. Once the information is verified on the "Out-of-State TANF Clock" screen, the TANF Clock will be updated automatically.

Committee Recommendations

The Hardship Extension Review Committee provides recommendations for cases in addition to providing a decision about the hardship extension request. The Hardship Extension Coordinator manually adds this information to the Notice of Decision issued to the client as well as to the Decision sheet that is sent to the District Office/NHEP teams. However, both the FSS and ECS must ensure that the information is reviewed with the client in case there are questions, or follow-up is needed.

REPORTS AND CASE STATUS

The following TANF Extension Management reports are available on CA-Doc View:

·   NCM605RA: TANF Ext Status Details;

·   NCM605RB: TANF Ext Status Summary;

·   NCM610RA: TANF Ext Mgmt Rpt; and

·   NCM610RB: TANF Ext Mgmt Summary.

These reports are case management tools that provide a monthly status on cases at month 54 and above. NCM605RB, NCM610RA, and NCM610RB are supervisory/managerial reports that identify cases by status, worker, and District Office. NCM605RA is the best report to be utilized by both FSS and ECS to review TANF hardship extension cases. This report features one page per worker with each case listed that is between months 54 and 60, each case that is greater than 60 months, and the status of each.

Case statuses that should alert the worker to action:

·   any case with a blank status that is not FAP;

·   any case with a status of "Contact Required;"

·   any case over 58 months with a status of "Notification Sent;" and

·   any case over month 60 without a status of "Sent to Coordinator," "Extension Approved," or "No Extension Requested."

Note: All cases with a status of "Request Pending" must also be reviewed to see how long the verification has been pending. "Request Pending" and "Sent to Coordinator" are both statuses that will keep the case open beyond 60 months; the client has either requested an extension and needs to provide verification, or the verification has been provided and the hardship extension packet has been sent to the Hardship Extension Coordinator. As mentioned above, verification supporting the hardship criteria must be provided within 10 days and reapplications are subject to the 45-day processing timeframe. Cases must be reviewed and acted upon timely to ensure that only those cases entitled to receive benefits are receiving benefits.

For example, client Mary Smith will reach her 60-month time limit on September 30. The FSS conducts a hardship extension review with Mary on August 1. Mary is provided 10 days to return verification of her hardship but she does not. The FSS does not follow up on the missing verification until it is noticed at the next scheduled redetermination in December that the hardship extension request has never been verified. Because the status on the TANF "60 Month" screen is "Request Pending, Not Yet Verified," Mary’s case stayed open more than two months past her 60-month time limit which ended on September 30. If the screen had been updated with "Failed/Refused to Verify," the cash would have closed when Mary reached her 120th payroll on September 30.

POLICY MANUAL REVISIONS

Revised Family Assistance Manual Topics

Section 134.03    Specified Hardship Criteria

Section 134.09    Requesting a Hardship Extension

Section 134.11    Extension Review Process

Section 808.05    Exemptions from Participation in NHEP

Section 808.35    Sanctions for Failure or Refusal to Cooperate with NHEP Work

     Program Participation Requirements

CLIENT NOTIFICATION

No special client notification is planned.

TRAINING

No training is planned.

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/DHHS/DFA/LIBRARY, effective October 1, 2003.

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/CLR:jbv

CERTIFICATE OF DESTRUCTION

I certify that all copies of Form 785, dated 11/01, SR 01-26, have been destroyed.

Office Manager:    District Office     

Return this certificate to DHHS Stock Control, 6 Hazen Drive, Concord, NH 03301, after the instructions in the SR have been carried out.