SR 10-26 Dated 08/10

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

SUMMARY

This SR releases a continuation of the suspension of the Able Bodied Adults Without Dependents (ABAWD) 3-month cap on receipt of Food Stamp benefits while not complying with ABAWD work requirements, through September 30, 2011. This suspension of the ABAWD time limit cap was originally released in SR 09-15 dated April 2009. At that time, the suspension was originally slated to expire September 30, 2010; this SR extends that expiration date out an additional year.

BACKGROUND

SR 09-15, dated April 2009, released the initial suspension of the ABAWD 3-month time limit cap. The American Recovery and Reinvestment Act of 2009 (ARRA), PL 111-5, which originally provided NH with the authorization for this suspension, set an expiration date for the suspension of the cap of September 30, 2010. However, Food and Nutrition Service (FNS) clarified in a letter to states in February 2010, that under federal regulations at 7 CFR 273.24(f)(2), the waiver could be extended an additional 12 months if certain criteria for extended unemployment benefits were met. NH met this criteria according to US Department of Labor (DOL) Trigger Notice 2010-2. This thereby qualified NH to continue to suspend the ABAWD 3-month time limit cap through at least September 30, 2011.

POLICY

The current suspension of the restriction on ABAWD participation in the Food Stamp Program while not meeting ABAWD work requirements has been continued through September 30, 2011, with all ABAWD participation "clocks" frozen at zero for the extended suspension period. Only the cap on receiving more than 3 full months of Food Stamp benefits in a 36-month period while not meeting ABAWD work requirements has been suspended. ABAWD participants:

�   must still meet ABAWD work participation requirements;

�   can still be sanctioned for failing or refusing to meet these work participation requirements; but

�   because of the suspension of the cap for an additional year, ABAWDs will not be limited to 3 months of Food Stamp assistance in a 36-month period if the ABAWD fails to meet these work requirements.

NEW HEIGHTS SYSTEMS PROCEDURES AND IMPLEMENTATION

New HEIGHTS will continue to keep the ABAWD "Months of Receipt" field zeroed-out for the length of the suspension period.

POLICY MANUAL REVISIONS

Revised Food Stamp Manual Topics

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

IMPLEMENTATION

The policy is effective as of the release of this SR.

CLIENT NOTIFICATION

No special client notification is planned or needed.

TRAINING

No special 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 August 30, 2010. Additionally, this SR, and printed pages with posting instructions, will be distributed under separate cover to all internal hard copy holders of the Food Stamp Manual.

DFA/JBV:s