SR 97-27 Dated 08/97

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

SUMMARY

This SR revises the policy on eligibility of convicted drug felons for TANF and food stamps which was released by SR 96-54, Release of Federally Mandated Changes to AFDC Financial Assistance... SR 96-54 required that convicted drug felons be prohibited from receiving TANF and food stamp benefits. Convicted drug felons are now eligible for TANF financial and/or medical assistance and food stamps without regard to their felony drug conviction status. This SR also releases a Pen and Ink change to SR 96-54 which is currently retained in the Family Assistance Manual. The Pen and Ink change cross references this SR.

Income in kind is excluded for TANF financial and/or medical in accordance with State Law RSA 167:80. Chapter 100 of the Family Manual (FAM) has been revised to reflect this change.

When a food stamp household reports a change, it must be verified timely or benefits must be terminated regardless of whether the change results in an increase or decrease to benefits.

This SR also revises the Key Word Index to reflect implementation of the NHEP Program and other changes. Additional manual page changes have also been made to reflect policies released in other SR's. See the heading called "Miscellaneous Manual Page Changes" for additional information.

POLICY

Convicted Drug Felons

Effective August 8, 1997, an individual's felony drug conviction status is not taken into account for purposes of determining eligibility for TANF financial and/or medical assistance and food stamps. A convicted drug felon is eligible for TANF financial and/or medical assistance and food stamps provided all eligibility requirements are met.

This policy change is being made as a result of House Bill 722-FN, Chapter 157, Laws of 1997, effective August 8, 1997, which requires that eligibility for TANF financial and/or medical assistance and food stamps be considered without regard to an individual's felony drug conviction status. This House Bill elects a federal option under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) which allows states to exempt its residents from being ineligible for benefits solely due to drug felony conviction status.

Treatment of Income-in-Kind

Income-in-kind, whether it is earned or unearned, is excluded for TANF financial and/or medical assistance cases. Chapter 500 of the FAM has been revised to reflect this income exclusion. Note that treatment of income-in-kind for the adult categories of assistance remains unchanged and is specified in Adult Assistance Manual Chapter 500.

A July 17, 1997 scan of the EMS data base indicates that there are currently no open TANF cases with income-in-kind codes 242 (recurring unearned income-in-kind) and 243 (recurring earned income-in-kind). Therefore, no report of these cases will be sent to District Offices.

Food Stamp Verification Procedures

When a food stamp household reports a change, the change must be verified regardless of whether it results in an increase or decrease in benefits. Failure to verify timely results in termination of benefits. Previous food stamp policy allowed a grace period for submitting verification if the change was expected to result in increased benefits. Parts 151 and 153 of the Family Assistance Manual have been revised accordingly.

IMPLEMENTATION

The policy changes in this SR apply to all eligibility determinations made on or after August 8, 1997. There are no retroactive provisions.

CLIENT NOTIFICATION

No client notification is planned. District Offices may notify clients on an as needed basis.

TRAINING

No training is planned.

MISCELLANEOUS MANUAL PAGE CHANGES

Several other changes have been made to the Family Assistance Manual in addition to the policy changes described in the text of this SR.

Key Word Index Changes

? The Key Word Index has been revised to reflect implementation of the New Hampshire Employment Program.

? All references to AFDC have been changed to TANF in the headers of the document and throughout the text. The order of entries in Key Word Index has been realphabetized as necessary.

 NOTE: AFDC references in the Family Assistance Manual which have not yet been changed to TANF will be changed as forthcoming SR's are released.

? Division of Human Services has been replaced with the Division of Transitional Assistance in the footer of the document.

? Child day care has been replaced with child care throughout the text.

? References to adjusted gross income and the employment expense deduction have been deleted due to income eligibility changes released by SR 97-3.

? References to the educational expense deduction have been deleted to reflect policy in SR 97-20.

? References to protective payees for TANF cases who fail to comply with NHEP and/or child support requirements have been deleted to reflect policy released in previous SR's.

Additional Manual Page Changes

? Chapter 100, Part 105, Compliance with Requirements, has been revised to correct an error when the Family Assistance Manual was developed. Previously, Part 105 indicated that food stamp benefits could be reduced for failure to cooperate. Failure and refusal to cooperate in the Food Stamp Program results in denial or termination of benefits.

? Sections 113.03 and 113.05 of Chapter 100, Part 113, Protective Payees, have been deleted since protective payees are no longer required for individuals who fail to comply with child support or NHEP requirements. This manual page change reflects policy released by SR 97-3 and SR 97-20.

? Chapter 200, Part 211, Assistance Group Composition, has been revised to indicate that failure to cooperate with child support and NHEP requirements no longer results in disqualification. These individuals are sanctioned in accordance with Chapter 300, Nonfinancial Criteria, and Chapter 800, Training, Education and Employment.

? Chapter 600, Part 603, Deductions and Disregards, has been revised to correct a printing error that occurred with the release of SR 97-20.

PEN AND INK CHANGE

On page 6 of SR 96-54 which is currently retained in the Family Assistance Manual, write the following: "Effective August 8, 1997, individuals are eligible for TANF financial and/or medical assistance and food stamps without regard to their drug felony conviction status, per SR 97-27."

POSTING INSTRUCTIONS

DISPOSITION

This SR may be destroyed after its contents have been noted and its posting instructions have been carried out.

DISTRIBUTION

This SR only is being according to the narrative SR distribution list for the Family Assistance Manual (FAM). The manual pages are being distributed to all holders of FAM.

KW/DTA/SJC:s