SR 09-15 Dated 04/09

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

SUMMARY

This SR releases the following Food Stamp Program-related changes associated with the American Recovery and Reinvestment Act of 2009 (ARRA):

·   updates to the maximum Food Stamp Program benefit allotments;

·   an increase in the minimum Food Stamp benefit, from $14 to $16;

·   an expansion in the Able Bodied Adults Without Dependents (ABAWD) certification period. ABAWD households are now allowed up to a six-month certification period; and

·   the suspension of the ABAWD cap on receipt of Food Stamp benefits while not complying with ABAWD work requirements, effective through September 2010.

This SR additionally releases the following non-ARRA related Food Stamp Program changes:

·   references to the federal level name change in the Food Stamp Program were removed from FSM 809; EXEMPTIONS FROM FOOD STAMP PROGRAM (FSP) WORK REQUIREMENTS, as the name change was not subsequently adopted by NH. No policies were changed as this is considered a technical edit;

·   also in FSM 809, the time at which a self-employed individual must demonstrate a certain net income level to retain an exemption from work registration requirements was changed from 36 months to 18 months. This is a policy change; and

·   the ABAWD exemption from ABAWD work requirements based on a household member under the age of 18 was edited to more clearly indicate that an exemption is provided to the ABAWD individual if the child under 18 is considered a member in the ABAWD individual’s Food Stamp household, whether the child is actually eligible for food stamps or not. An ABAWD exemption is not allowed if the child under age 18 is a non-household member who happens to share a residence with the ABAWD individual. No policies were changed; text was merely clarified and updated.

The Table below reflects policy changes, but not policy clarifications.

POLICY

The following changes occurred in the Food Stamp Program as a result of the American Recovery and Reinvestment Act of 2009 (ARRA), signed into law on February 17, 2009.

Benefit Allotments

Benefit allotment amounts have increased as noted below, effective April 1, 2009.

Extended Food Stamp (EFS) benefits were revised to incorporate the increased Food Stamp benefit allotment figures effective 4/1/09. Refer to Food Stamp Manual PART 249, EXTENDED FOOD STAMPS (EFS), for more information on EFS benefits.

Food Stamp Program income limit and deduction updates will occur as usual in October. However, there will not be another benefit increase in October. The ARRA applied the usual October benefit increase early, in April instead of October, to help struggling families now.

Minimum Food Stamp Benefit

The minimum Food Stamp benefit has increased from $14 to $16. This change primarily impacts one and two-person Food Stamp households.

Able Bodied Adults Without Dependents (ABAWD)

Households containing an ABAWD member or members are now allowed up to a 6-month certification period. Additionally, the restriction on ABAWD participation in the Food Stamp Program while not meeting ABAWD work requirements has been suspended, with all ABAWD participation "clocks" frozen at zero for the suspension period, which is effective through September 2010.

Food Stamp Program work requirements (ABAWD, work registration, and job search) remain unchanged, though. This means that non-exempt ABAWDs are not immune from Food Stamp Program disqualification penalties if the ABAWD individual fails to comply with regular work requirements, per Food Stamp Manual PART 827, DISQUALIFICATION PENALTIES. However, months of ABAWD noncompliance will not need to be tracked, or "cured," or researched and counted if the ABAWD has moved to NH from another state.

NEW HEIGHTS SYSTEMS PROCEDURES AND IMPLEMENTATION

The new maximum allotment amounts were programmed into New HEIGHTS in March to calculate Food Stamp eligibility and benefits for the April 1, 2009 issuance. Entering the updates into New HEIGHTS in March allowed the system to build correct budgets beginning with the April 1, 2009 issuance. It also allows workers to act on cases that go into exception prior to the April 1, 2009 issuance. Application of the benefit increase was scheduled via "mini" Mass Changes as follows:

Additionally, effective April 1, 2009, New HEIGHTS will:

·   increase the minimum Food Stamp benefit from $14 to $16; and

·   change the response in the "Participating in a Work Activity" to "Not Required" for all current ABAWD recipients, and will zero-out the "Months of Receipt" field, regardless of the current figure entered into that field.

For all new ABAWDs applying on or after April 1, 2009, Family Services Specialists will need to enter "Not Required" in answer to the "Participating in a Work Activity" question on the ABAWD screen. The "Months of Receipt" field is set at zero; no additional actions are needed other than entering "Not Required" to the pertinent question on this screen to ensure the new ABAWD policy is applied correctly.

The ABAWD certification periods must also be manually set, so no additional action is needed other than to allow up to a 6-month certification period for all new ABAWD applicants. Current ABAWD recipients will have their review period extended during their next recertification.

POST MASS CHANGE REPORTS

The reports described below are produced as a result of the Food Stamp benefit Mass Change. These reports become available in New HEIGHTS each subsequent working day after the Mass Change is run.

NMC600RA: Status After MC

This report lists all cases that were selected for the Mass Change, including cases that were successfully confirmed as shown on NMC540RA and those that were not confirmed (exceptions shown on NMC550RA). This report is sorted by District Office and contains the following information: D.O., Worker Name, Client Name, Case Number, and Household Size.

NMC600RB: Status Before MC

This report shows the pre-mass mass change status of cases that were selected for the Mass Change. It contains the following information: D.O., Worker Name, Client Name, Case Number, and Household Size.

NMC540RA: AG’s Affected by MC

This report lists all cases upon which the Mass Change ran successfully through confirmation. It contains the following information: D.O., Worker Name, Client Name, and Case Number.

NMC550RA: MC Exception

This report lists cases that were selected for the Mass Change, but were not confirmed due to some discrepancy in data. These cases require further District Office action. The report contains the following information: D.O., Worker Name, Client Name, Case Number, Reason for Exception, and Mass Change Type.

FOOD STAMP PROGRAM CHANGES UNRELATED TO THE ARRA

In July of 2008, when FSM 809, EXEMPTIONS FROM SUPPLEMENTAL NUTRITIONAL ASSISTANCE PROGRAM (SNAP) WORK REQUIREMENTS, was last updated, the Food Stamp Program had just announced a federal-level name change to the Supplemental Nutrition Assistance Program (SNAP). Originally it was indicated that states would be federally mandated to adopt this name change, and because this topic was being updated at that time "SNAP" was substituted in all the areas where the Food Stamp Program was mentioned. However, it was subsequently decided that adoption of the SNAP name change was not going to be mandated for states, and NH decided to retain the name of "Food Stamp Program" to describe its state program. This topic has therefore been revised to switch the use of "SNAP" back to "Food Stamp Program."

FSM 809 was additionally revised due to a policy change related to the amount of time self-employed individuals may claim self-employment as a Food Stamp Program work registration exemption, before the self-employed individual must demonstrate a certain net income to retain the exemption. Individuals employed or self-employed and working a minimum of 30 hours weekly, or receiving weekly earnings at least equal to 30 hours multiplied by the federal minimum wage are exempt from Food Stamp Program work registration requirements. Previously, however, individuals who had been self-employed for 3 calendar years (or 36 months) had to demonstrate a weekly net income of at least 30 hours times the federal minimum wage for 6 of the most recent 12 months to continue to receive this work registration exemption. New policy mandates that individuals who have been self-employed for 18 consecutive months, rather than 36 months, must demonstrate a weekly net income of at least 30 hours times the federal minimum wage for 6 of the most recent 12 months to retain this exemption.

Finally, the ABAWD exemption from ABAWD work requirements based on a household member under the age of 18 was edited to more clearly indicate that an exemption is allowed for this reason only if the child under 18 is considered part of the Food Stamp household containing the ABAWD, whether the child is eligible for food stamps or not. An ABAWD work exemption is not allowed if the child under age 18 is not a member of the ABAWD Food Stamp household and the child just happens to share a residence with the ABAWD individual. No policies were changed; text was merely clarified and updated.

POLICY MANUAL REVISIONS

Revised Food Stamp Manual Topics

Section 133.06 Households With Able Bodied Adults Without Dependents (ABAWD)

Section 133.09   Certification Periods

PART 245   ABLE BODIED ADULTS WITHOUT DEPENDENTS

Section 245.03   Criteria for Exemption from ABAWD Work Participation

Section 245.05   ABAWD Work Participation Requirements

Section 245.07   Determining the 36 Month and 3 Month Periods of Eligibility

Section 245.09 The One Time "Cure": Reestablishing Eligibility After Closing for Failure to Meet ABAWD Requirements

Section 245.11   Maintaining Eligibility After a One Time Cure

Section 245.13   The 3 Consecutive Month "Cure" Period

Section 245.15   Verification Requirements

Section 303.09   Out-of-State Recipient Moves into New Hampshire

PART 601, TABLE F  MAXIMUM FOOD STAMP ALLOTMENTS

PART 601, TABLE G  DETERMINING FOOD STAMP ALLOTMENTS

Section 621.03   Rate and Method of Recoupment

Section 713.21   Methods of Collection

PART 809 EXEMPTIONS FROM FOOD STAMP PROGRAM (FSP) WORK REQUIREMENTS

IMPLEMENTATION

All benefits issued for the months beginning with April 2009 will be calculated using the new figures. Tables and Standards sections for benefits prior to April 1, 2009 need not be retained for reference for retroactive benefits because New HEIGHTS will hold them internally and automatically use them for calculating benefits for eligibility periods prior to April 1, 2009.

All other policies released in this SR are effective April 1, 2009.

CLIENT NOTIFICATION

The Notice of Decision (NOD) was suppressed for all clients experiencing only an increase in Food Stamp benefits. For all other cases, though, the following special message will be added to the NOD that is generated:

ON APRIL 1, FEDERAL LAW INCREASED THE MAXIMUM AMOUNT OF FOOD STAMP BENEFITS YOU CAN RECEIVE. USUALLY THIS INCREASE HAPPENS IN OCTOBER. THIS YEAR THE CHANGE IS HAPPENING EARLIER, IN APRIL INSTEAD OF OCTOBER, TO HELP YOU NOW. YOUR FOOD STAMP BENEFITS, AS SHOWN IN THE OLD AND NEW BUDGET ABOVE, WERE ADJUSTED TO REFLECT THIS CHANGE.

Additionally, the attached poster was offered by the federal level Food Stamp Program for printing and distribution. One poster will be sent to each District Office for display in the main reception area. No other client notification is planned.

TRAINING

No 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 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 April 27, 2009.

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

DFA/JBV:s