SR 08-23 Dated 10/08

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

SUMMARY

This SR suspends the Transitional Assessment Planning (TAP) category of financial and medical assistance as it is no longer an allowable use of federal funds per recent communication with the Federal Administration for Children and Families (ACF). This SR also releases the following New Hampshire Employment Program (NHEP) policy to align with final federal regulations effective October 1, 2008:

§   Job Readiness/Job Search (JR/JS) activity hours are limited to a maximum of 120 or 180 hours in a rolling 12-month period for federal requirements. The maximum limit is based on the age of the youngest child in the assistance group;

§   excused absences from unpaid work activities are limited to a maximum of 80 hours in a rolling 12-month period for all NHEP participants. No more than 16 hours of excused absences in an unpaid work activity can count in a single month towards federal participation;

§   the following revisions to NHEP activities:

-   educational-related NHEP activities will now allow:

§   all levels of post-secondary degrees;

§   one hour of unsupervised homework time for each hour of classroom time; and

§   distance learning as a method of instruction;

-   English as a Second Language and Basic Education programs that are a regular and necessary part of an established vocational education program will now count as a core Vocational Education/Training activity; and

-   Child Support (CS) that is retained by the state will now be subtracted from the financial assistance grant prior to adding the grant to the monthly Food Stamp allotment, to determine the total hours a NHEP participant can be required to participate in the Alternative Work Experience Program or Community Work Experience Program work placement activities; and

§   adults who are members of a TANF household and meet one of the following criteria will not be reported to ACF and will not count towards NH’s federal participation rates:

-   adults receiving SSDI with no SSI income;

-   during any retroactive period the adult was approved for SSDI or SSI; or

-   adults exempted from participation in NHEP for reasons of caring for a household member with a medical condition.

The following forms were revised as a result of the elimination of TAP:

§   Form 242, The 60-Month Lifetime Limit on Financial Assistance To Needy Families;

§   Form NHEP255(UP/IDP), Unemployed Parent Employment and Training Support Services Payment Request Invoice, and its associated instructions;

§   Form NHEP256(UP/IDP), Unemployed Parent Mileage Reimbursement, and its associated instructions;

§   Form NHEP256A(UP/IDP), Unemployed Parent Public/Private Transportation Carrier Provider Invoice, and its associated instructions;

§   Form NHEP257(UP/IDP), Unemployed Parent Tuition Payment Request Invoice, and its associated instructions;

§   Form 260, Financial Assistance To Needy Families: Fact Sheet; and

§   Form 800A, DFA Programs and Services Guide, and its associated instructions.

The following forms were created or revised as a result of changes in the NHEP federal regulations:

§   Form NHEP222, Generic Employment Application, and its associated instructions;

§   Form NHEP223, NHEP Employer Contact Log;

§   Form NHEP228(orientation), NHEP Employability Plan; and

§   Form NHEP231, New Hampshire Employment Program (NHEP) Participant Agreement, and its associated instructions.

This SR also releases:

§   the obsoletion of Forms 249, Helpful Hints for Child Care Assistance, Form 252, Child Care Health and Safety Information, and their associated instructions. Information contained in both DFA forms have been incorporated into DCYF Forms 2626, Helpful Hints for Using Child Care Assistance, and Form 2629, Child Care Health and Safety Information; and

§   technical revisions to FAM 808.35, Sanctions for Voluntary Quit Or Failure/Refusal to Cooperate with NHEP Work Program Participation Requirements. It was re-written for further clarity.

POLICY

Suspension of the Transitional Assessment Planning (TAP) Category of Assistance

The TAP category of financial and medical assistance has been suspended.

Job Readiness/Job Search (JR/JS) Activities

Hours spent in the NHEP work activity of JR/JS will count towards federal participation requirements up to a maximum of:

·   120 hours in a rolling 12-month period for NHEP participants with a child under 6 years of age; or

·   180 hours in a rolling 12-month period for NHEP participants whose youngest child is age 6 or older.

JR/JS hours beyond the maximum limit will not count towards federal participation requirements.

Additionally, individuals can only participate in JR/JS activities for a maximum of 4 consecutive weeks to meet federal participation. Hours spent in a 5th consecutive week will not count towards federal participation.

Example:

A mandatory NHEP participant spends 5 hours in JR/JS activities each week for five consecutive weeks. The individual has participated in 25 hours in the JR/JS activity, but only the 20 hours in the first 4 weeks count towards federal participation requirements. The 5 hours of JR/JS during the fifth week do not count, as they occurred in the fifth consecutive week of JR/JS. After the fifth week has passed, four more consecutive weeks of JR/JS can count towards federal participation, up to the maximum hours based on the age of the participant’s child.

Excused Absences

Regardless of the age of the youngest child, excused absences from unpaid work activities can count towards federal participation requirements up to a maximum of 80 hours in a rolling 12-month period. No more than 16 hours in a month can count towards federal participation requirements.

NHEP Activities

Educational Activities

All levels of post-secondary studies can be counted towards NHEP education activities.

Note: For Post Secondary Educational and Vocational Educational Training activities, there will still be a 12-month lifetime limit in which these activities can be counted as core activities.

One hour of unsupervised homework time for each hour of classroom time may be combined with supervised homework time to count towards federal participation in NHEP educational activities. Total homework time, supervised and unsupervised, cannot exceed the total number of hours advised by the education program.

Example:

John is taking college classes to work towards his bachelor’s degree. His classes meet for 5 hours per week. John’s school has verified that they advise students to study for 3 hours outside the classroom for every hour spent in the classroom.

Because total homework time cannot exceed the total number of hours advised by the program, John can count a maximum of 15 hours of studying time towards federal participation. John’s total studying time can be a combination of unsupervised and supervised studying time. However, because only one hour of unsupervised homework time for every hour spent in the classroom can count towards federal participation, only 5 of John’s 15 hours can be unsupervised. The other 10 hours of study time would have to be in a supervised setting and verified.

After John’s first week of classes, he verifies 5 hours of supervised homework time and 5 hours of unsupervised homework time, for a total of 10 hours during the week. These 10 hours are added to his 5 hours of classroom time for a weekly total of 15 hours in the educational activity.

Distance Learning

Distance learning is a permissible method of instruction for all NHEP educational activities, as long as prior approval is given by State Office and the activity is included in the participant’s employability plan. Hours participating in distance learning must be supervised and verified by an approved educational institution.

Vocational Education and Training

ESL and Basic Education can count as a core Vocational Education activity as long as the activities are a necessary and regular part of an established vocational education program. Stand-alone ESL and Basic Education programs will not count as core activities.

Alternative Work Experience (AWEP) and Community Work Experience Programs (CWEP)

All Child Support (CS) retained by the state, is subtracted from financial assistance grant prior to adding the grant to the monthly Food Stamp allotment to determine the total hours a recipient can be required to participate in AWEP or CWEP work placement activities.

Adults Disregarded from Federal Participation Rates

Adults who are members of a TANF household and meet one of the following criteria will not be reported to ACF and will not count towards NH’s federal participation rates:

·   adults receiving SSDI with no SSI income;

·   during any retroactive period the adult was approved for SSDI or SSI; or

·   adults exempted from participation in NHEP for reasons of caring for a household member with a medical condition.

NEW HEIGHTS SYSTEMS PROCEDURES AND IMPLEMENTATION

TAP Suspension

As of September 25, 2008, New HEIGHTS no longer provides TAP assistance. All open or pending TAP cases transitioned to a Financial Assistance to Needy Families (FANF) category of assistance on October 1, 2008.

Activity Verification Screen

The "Activity Verification Screen" has been enhanced to better assist Employment Counselor Specialists (ECS) in determining which Administration for Children and Families (ACF) weeks are counted in a participant’s first and last month of receiving financial assistance. The ACF weeks required to meet federal participation will be highlighted in yellow.

The screen has also been modified to better monitor when JR/JS hours have been entered for five consecutive weeks. When an ECS saves JR/JS hours that occur during a fifth consecutive week, the fifth week will be highlighted in red. All hours entered on the fifth week will not count towards participation, and the JR/JS clock will be updated accordingly.

An ECS can now enter and track excused absence and holiday hours separately from the actual participation hours. Each day will now have the following separate boxes:

·   Actual Hours; and

·   Excused Absences/Holiday Hours.

Maximization

To maximize the benefits of excused absences and JR/JS hours that are used, New HEIGHTS will now determine which hours entered by the ECS will be utilized for federal reporting. On the last day of the ACF month, the "Activity Verification Screen" for the previous ACF month is locked. New HEIGHTS will then determine if the individual met participation for that month. If the individual did not meet participation, then all JR/JS and excused absence hours will not be used for federal participation. When these hours are not used for federal participation they are not deducted from the JR/JS or excused absence maximum limits.

When an individual meets federal participation, New HEIGHTS will maximize the individual’s hours so the least amount of JR/JS or excused absence hours needed to meet the minimum federal participation requirements are used.

Example: Rita, a new NHEP participant, is required to participate for 80 hours in the month of September. She participates for a total of 90 hours, which includes 20 hours in JR/JS and 70 hours in an Alternative Work Experience Program. Since she met participation at 80 hours, New HEIGHTS will only use 10 of her JR/JS hours. Then she will still have 110 hours left on her 12-month rolling clock that can be used for federal reporting requirements.

Hourly Tracking Clocks

New HEIGHTS has modified the JR/JS clock and created an Excused Absence clock to better track these hours.

JR/JS Clock Information Screen

The screen will be accessible from a new launch button on the "Activity Verification Screen." The screen will show the following for the individual’s current rolling 12-month period:

·   the number of consecutive weeks spent in JR/JS activities;

·   whether JR/JS activities counted as a core or interim activity;

·   the number of JR/JS hours entered by the ECS;

·   the number of JR/JS hours used before and after maximization, which will be finalized at the end of the following month; and

·   the number of JR/JS hours the individual has remaining before and after maximization within the current rolling 12-month period.

The clock will add a row for each week in which JR/JS hours are entered starting with October 1, 2008. Weeks prior to October 1, 2008 will not be examined on the 12-month rolling clock.

Excused Absence Tracking Clock

The screen will be accessible from the "Activity Verification Screen." The screen will show the following for the individual’s current 12-month rolling period:

·   the number of hours the ECS enters in the month;

·   the number of hours used before and after maximization, which will be finalized at the end of the following month;

·   the total hours used; and

·   the remaining excused hours the individual has remaining before and after maximization within the current rolling 12-month period.

The clock will add a row for each month in which excused absence hours are entered starting with October 1, 2008. Weeks prior to October 1, 2008 will not be examined on the 12-month rolling clock.

Fair Labor Standards Act (FLSA) Tracking

To better assign AWEP and CWEP activities, the "WP Individual Summary" screen will show the FLSA calculations for a 4 and 5-week month based on the most current confirmed budget reflecting the new methodology where retained child support is subtracted.

DESCRIPTION OF REVISIONS MADE TO FORMS

New Form NHEP222, Generic Employment Application, was created to capture past employment information. This information was previously captured through the use of Form NHEP260, Work History & Interest Form. Form NHEP222 will be included in the NHEP orientation packet, and participants will be instructed to bring the completed form to their Service Determination Appointment. The ECS will use the information on the form to match the NHEP participant with current opportunities available in the Work Experience Program (WEP). All NHEP orientation packets beginning in November will contain the new form.

Form NHEP223, NHEP Employer Contact Log, has been revised based on suggestions from the NHEP Teams. The changes better clarify that participants can count additional job search activities that do not involve direct contact with an employer, such as reading the employment listings in an on-line newspaper. Via the updates on the form’s chart, these additional job search activities can be tracked by listing the resource’s web-site. Revisions also include the clarification that the time the participant traveled to and from their home when going to interviews will not be counted as time spent in the Job Search activity. An initial supply of Form NHEP223 will be sent to the NHEP offices in October, and all NHEP orientation packets beginning in November will contain the revised form. Reorder additional forms using the regular process when the supply is low.

Form NHEP228(orientation), NHEP Employability Plan, has been revised to be more specific about what activities NHEP participants need to engage in and the proof participants must provide during their next appointment with their ECS. The revisions also represent feedback from the NHEP teams including the specification that participants must contact their ECS prior to missing an appointment. All NHEP orientation packets beginning in November will contain the revised form. Reorder additional forms using the regular process when the supply is low.

Form NHEP231, New Hampshire Employment Program (NHEP) Participant Agreement, and its associated instructions, have been revised to reflect feedback from the NHEP teams requesting that specific information be added about when participants must provide verifications and to emphasize that individuals should immediately start looking for child care, transportation, a job, and volunteer opportunities. All NHEP orientation packets in November will contain the new form. Reorder additional forms using the regular process when the supply is low.

Additionally, Form NHEP231 will only be provided at the NHEP Orientation, and will no longer be given at the District Office initial application interview or the Service Determination Appointment. Form 261, FANF End Of Interview Checklist, still contains a reference to provide the applicant Form NHEP231 at the end of the FANF eligibility interview. This requirement is obsoleted and the reference will be removed the next time Form 261 is revised.

Form 242, The 60-Month Lifetime Limit on Financial Assistance To Needy Families, and Form 260, Financial Assistance To Needy Families: Fact Sheet, have been revised to reflect the suspension of the TAP program. Form 242 was also rehauled to improve flow and reading level. The current stock of Form 242 and Form 260 must be exhausted before the current version is printed.

The following Employment Training and Service forms and their associated instructions were updated to reflect the elimination of the TAP category of assistance and the removal of the obsolete Provider’s Key Name:

·   NHEP255(UP/IDP), Unemployed Parent E&T Support Services Payment Request;

·   NHEP256(UP/IDP), Unemployed Parent Mileage Reimbursement;

·   NHEP256A(UP/IDP), Unemployed Parent Public/Private Transportation Carrier Provider Invoice; and

·   NHEP257(UP/IDP), Unemployed Parent Tuition payment Request.

The instructions for all the above forms were updated accordingly. The old versions of these Employment Training and Service forms are still valid and the new versions will not be printed until the current supply is exhausted.

Form 260, Financial Assistance To Needy Families: Fact Sheet, has been revised to reflect the elimination of the TAP category of financial assistance. The old version of this form is still valid and the new version will not be printed until the current supply is exhausted.

Form 800A, DFA Programs and Services Guide, has been revised to reflect the suspension of the TAP program. The layout of the form was also greatly revised to ease printing issues and to allow a better visual when viewed electronically, such as on the Department Website. Form 800A(i), Instructions for Form 800A, was updated accordingly. The old version of this form is still valid and the new version will not be printed until the current supply is exhausted.

FORMS OBSOLETION

Forms 249, Helpful Hints for Child Care Assistance, Form 252, Child Care Health and Safety Information, and their associated instructions are obsolete with the release of this SR. Information in both DFA forms has been incorporated into DCYF Forms 2626, Helpful Hints for Using Child Care Assistance, and Form 2629, Child Care Health and Safety Information.

POLICY MANUAL REVISIONS

Revised Family Assistance Manual Topics

PART 133   LENGTH OF ELIGIBILITY

PART 134  HARDSHIP EXTENSIONS TO THE 60 MONTH LIFETIME LIMIT

PART 201   PROGRAM REQUIREMENTS

PART 203   FINANCIAL ASSISTANCE TO NEEDY FAMILIES

Section 203.09  Interim Disabled Parent (IDP)

Section 203.11  Transitional Assessment Planning

Section 213.17  Termination of UP and Eligibility for Other Programs

PART 249   EXTENDED FOOD STAMPS

Section 808.29  Documenting and Verifying Hourly Participation Rates

Section 808.35  Sanctions for Voluntary Quit Or Failure/Refusal to Cooperate with NHEP Work Program Participation Requirements

Section 808.36  Actions Taken During A Sanction Period

Section 808.39  NHEP Activities

Section 808.39  Alternative Work Experience Program (AWEP)

Section 808.39  Basic Education

Section 808.39  Community Work Experience Program (CWEP)

Section 808.39  Job Readiness

Section 808.39  Job Search

Section 808.39  Post-Secondary Education

Section 808.39  Single Course

Section 808.39  Vocational Educational Training

Section 808.39  Job Skills Training Directly Related to Employment

Section 901.01  Filing an Application

PART 929  PROVIDER QUALIFICATIONS

FAM 203, 203.09, 213.17, and 249 were also revised to incorporate changes related to SR 08-24, dated 10/1/08, in which new policy allowing Extended Food Stamp benefits to solely state-funded financial assistance groups was released.

Additionally, FAM 808.35, Sanctions for Voluntary Quit Or Failure/Refusal to Cooperate with NHEP Work Program Participation Requirements, has been re-written for further clarity.

IMPLEMENTATION

Policy

All policy is effective and was implemented as of the effective date of this SR.

Procedures

DFA is developing guidelines to ensure distance learning meets the work activity definitions, is supervised, and the hours of participation are verified by the approved educational institution. Guidelines will be provided to staff during the NHEP statewide training on October 17, 2008.

Forms

The previous versions of the following forms may continue to be provided to applicants and recipients until the current stock is exhausted. When the current stock is depleted, the new versions will be printed:

·   Form 242, The 60-Month Lifetime Limit on Financial Assistance To Needy Families;

·   NHEP255(UP/IDP), Unemployed Parent E&T Support Services Payment Request;

·   NHEP256(UP/IDP), Unemployed Parent Mileage Reimbursement;

·   NHEP256A(UP/IDP), Unemployed Parent Public/Private Transportation Carrier Provider Invoice;

·   NHEP257(UP/IDP), Unemployed Parent Tuition Payment Request;

·   Form 260, Financial Assistance To Needy Families: Fact Sheet; and

·   Form 800A, DFA Program and Services Guide.

New Form NHEP222, Generic Employment Application, and the following revised forms will be available in the NHEP orientation packets starting in November, 2008:

·   Form NHEP223, NHEP Employer Contact Log. Offices will also receive an initial supply of this form in October;

·   Form NHEP228(orientation), NHEP Employability Plan; and

·   Form NHEP231, New Hampshire Employment Program (NHEP) Participant Agreement.

CLIENT NOTIFICATION

Notification of the policy changes were published in the NH Rulemaking Register, Office of Legislative Services, on July 25, 2008. A public hearing on the amended Administrative Rules was held on August 15, 2008.

No other client notification is planned.

TRAINING

New policy will be reviewed during the NHEP statewide training in October of 2008.

FORMS MANUAL POSTING INSTRUCTIONS

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.nh.gov/DHHS/DFA/LIBRARY, effective December 8, 2008.

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/MPM:s

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CERTIFICATE OF DESTRUCTION

I certify that all copies of all of the following have been destroyed:

§   Form 249, dated 10/97, SR 96-32, and its associated instructions; and

§   Form 252, dated 7/94, SR 94-35, and its associated instructions.

District Office Manager of Operations:                

District Office                       

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