SR 11-28 Dated 07/11

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

SUMMARY

Fugitive felons and violators of probation or parole are ineligible for State Supplement Program (SSP) financial assistance, which includes the Aid to the Permanently and Totally Disabled (APTD), Old Age Assistance (OAA), and Aid to the Needy Blind (ANB) cash assistance programs. Felons and violators of probation or parole continue to be eligible for SSP medical assistance, however, provided all other SSP program requirements are met.

This change aligns SSP eligibility criteria with the eligibility criteria for the Food Stamp and Financial Assistance to Needy Families programs and is a result of budget reductions imposed by House Bill 2. SSP medical assistance is not impacted by these changes due to the maintenance of effort (MOE) requirements of the Affordable Care Act (PL 111-148), signed into law on March 23, 2010.

POLICY

Fugitive felons and violators of probation or parole are ineligible for State Supplement Program (SSP) financial assistance, until the individual has satisfied his/her legal obligations with respect to the felony crime or probation or parole violations. SSP financial assistance includes the Aid to the Permanently and Totally Disabled (APTD), Old Age Assistance (OAA), and Aid to the Needy Blind (ANB) programs.

Felons and violators of probation or parole continue to be eligible for SSP medical assistance, however, provided all other SSP program requirements are met.

NEW HEIGHTS AND DISTRICT OFFICE PROCEDURES AND IMPLEMENTATION

New HEIGHTS has altered the automated eligibility system to deny or terminate SSP cash assistance for SSP applicants and recipients who answer "Yes" to being a "Fugitive Felon," "Probation Violation," or "Parole Violation," on the "Other Demographics" screen in New HEIGHTS. The current reason message that is autopopulated on the Notice of Decision (NOD) when an affirmative answer is given to this question was changed. The specific reference to Financial Assistance to Needy Families (FANF) was removed and replaced with the more generalized word "cash." The revised reason message now reads as follows: In NH, fugitive felons and probation or parole violators are not eligible for cash or Food Stamp benefits.

If the fugitive felon or probation or parole violator is a member of the SSP cash assistance group (AG), New HEIGHTS has been automated to proceed as follows:

�   The fugitive felon or probation or parole violator will be considered a "Counted Adult" in the SSP cash AG. The income and resources of the fugitive felon or probation or parole violator will be counted per current policy, with all applicable disregards, deductions, etc., allowed, but the "needs" of the ineligible individual will not be allowed when determining the SSP cash eligibility or benefit amount. Meaning, if the SSP cash AG size would be 2 if neither of the individuals in the AG was a fugitive felon or probation or parole violator, the SSP cash AG size will now be 1 if one of the individuals is a fugitive felon or probation or parole violator. The fugitive felon or probation or parole violator's income and resources will still count towards the AG, but the income limits for an AG of one will be used to determine SSP cash eligibility and benefit amount.

�   When an SSP applicant or recipient resides in a residential care facility (RCF) or community residence (CR), the individual is always considered an AG of 1 even if the spouse lives in the same RCF or CR, per AAM 229, ASSISTANCE GROUP COMPOSITION FOR GROUP LIVING. If in this circumstance the applicant or recipient is not a fugitive felon or violator of probation or parole but the spouse is, the applicant or recipient is still considered an AG of 1, and the spouse's income is still not deemed to the applicant.

�   In a situation in which there are joint applicant spouses and one of the applicant spouses is a fugitive felon or violator of probation or parole, the fugitive felon or violator of probation or parole will be ineligible for SSP cash; however, the remaining applicant spouse's eligibility will be determined as follows:

-   The remaining applicant spouse will be a household of one; and

-   The fugitive felon's income and resources will be counted in determining the applicant spouse's eligibility for SSP cash, using the current SSP methodology for counted/excluded income/resources and allowable deductions.

For SSP cash to be reopened for individuals impacted by this policy, the individual must provide proof to the District Office worker that the individual has satisfied his/her legal obligations with respect to the felony crime or probation or parole violations.

DESCRIPTION OF REVISIONS MADE TO FORMS

While revising DFA Form 811S, Statements of Understanding, to include SSP cash in the statement indicating the applicant or recipient's understanding that felons and probation or parole violators are ineligible for assistance, DFA Form 811S was further revised as follows:

�   The first statement on the current version of the form was removed as it was repeated at the end of the form at which point a full signature (as opposed to initials only) is required;

�   The "aging out" of benefits on the EBT card was rewritten for clarity and simplicity;

�   The signature statement was revised to include text about information summarizing the interview; and

�   Various other edits were made throughout the form to lower the reading level of the form or to simplify language.

Form 800, Application for Assistance, was updated accordingly to include the revisions to the Form 811S described above.

Because the manner in which DFA Form 811S is used remains unchanged, the instructions for this form were not updated.

Offices are to use up the current supply of DFA Forms 811S and DFA Form 800. When the current supply is exhausted, the new versions will be printed. Continue to use the Spanish and Bosnian versions of this form, as needed, until the English versions can be retranslated.

POLICY MANUAL REVISIONS

Revised Adult Assistance Manual Topics

Section 225.01  Disqualified Individuals

PART 319  FUGITIVE FELONS AND VIOLATORS OF PROBATION OR PAROLE

IMPLEMENTATION

The policies released in this SR are effective July 1, 2011. The current version of the forms must be used until the supply is exhausted. At the next reprint, the new versions will be used.

CLIENT NOTIFICATION

On June 14, 2011, notification of this potential policy change was sent to the 11 people identified as being fugitive felons or probation or parole violators by the Facilitated Social Security Unit (FSSU). The FSSU was able to identify these individuals via the Social Security Administration's (SSA) denial of SSA-related benefits to these individuals due to being fugitive felons. The letter the FSSU sent to the 11 people impacted has been attached to this SR for reference. On July 1, 2011, if the state law passes, this new policy will be applied to the individuals who were sent the letters, as well as all new applicants.

In the Notice of Decision relaying the termination or change in eligibility or benefits to those individuals impacted by this change, the following reason message will be provided: In NH, fugitive felons and probation or parole violators are not eligible for cash or Food Stamp benefits.

No other client notification is planned.

TRAINING

This policy change was discussed at the June 9, 2011 Supervisor's Meeting in Concord, NH. Additionally, the DFA Training Unit conducted a statewide training for Family Services Specialists (FSS) at the end of June 2011. No other special training is planned.

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 www.dhhs.nh.gov/DFA/publications.htm, effective August 1, 2011. Additionally, this SR, and printed pages with posting instructions, will be distributed under separate cover to all internal hard copy holders of the Adult Assistance Manual.

DFA/JBV:s