SR 11-34 Dated 08/11

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, 2012. The most recent continuation of the suspension of the ABAWD time limit cap was last released in SR 10-26 dated August 2010, and that suspension was slated to expire September 30, 2011; 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, which qualified NH to continue to suspend the ABAWD 3-month time limit cap through September 30, 2011. NH has met this criteria again according to US DOL Trigger Notices 2010-38 and 2010-39, effective October 3 and October 10, 2011 respectively, which now qualifies NH to continue to suspend the ABAWD 3-month time limit cap through September 30, 2012.

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, 2012, 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. If the cap had not been suspended, ABAWD participants exceeding the cap would have had to meet the existing ABAWD work participation requirements and, if failing or refusing to meet these work participation requirements, would have been disqualified from the Food Stamp Program.

Due to the suspension of the cap for an additional year, ABAWDs who do not meet these requirements will not be limited to 3 months of Food Stamp assistance in a 36-month period and can continue to receive Food Stamp benefits without meeting these work requirements through September 30, 2012.

NEW HEIGHTS AND DISTRICT OFFICE PROCEDURES AND IMPLEMENTATION

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

NOTE: There are two (2) action items that Family Services Specialists (FSS) must perform to ensure that ABAWD policy is implemented accurately. For all ABAWDs, FSS must continue to:

§   select whether or not an individual is an ABAWD from the dropdown menu on the "Work Programs Inquiry" tab on the "Referral Information" screen in New HEIGHTS at application and recertifications. This information is necessary for our future ability to exempt clients from certain areas of the state from the ABAWD requirements and for federal reports that must be generated during this ABAWD participation suspension; and

§   enter "Not Required" in answer to the "Participating in a Work Activity" question on the ABAWD screen in the "Caseload Management" function, "ABAWD Clock" screen, "ABAWD Information" tab. 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.

NOTE: There are many reasons an ABAWD recipient’s status will change, such as moving into a disability program or adding a child to the household. At redeterminations, review ABAWD status and update "Work Programs Inquiry" tab on the "Referral Information" screen in New HEIGHTS and set to "No" if the client no longer meets ABAWD status.

ABAWDs, in addition to other Food Stamp recipients, can be referred to the voluntary Food Stamp Employment and Training (FSET) program for job search assistance and referrals to community services by providing them the phone number, 1-800-852-3345 ext. 0747 or 271-0747.

POLICY MANUAL REVISIONS

Revised Food Stamp Manual Topics

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

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 www.dhhs.nh.gov/DFA/publications.htm, effective October 3, 2011 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