SR 97-34 Dated 09/97

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

 

DATE:

September 2, 1997

FROM:

OFFICE OF THE ASSISTANT COMMISSIONER

AT (OFFICE):

Department of Health and Human Services

Office of Family Services

SUBJECT:

Transfer of Authorization of Emergency Assistance Payments for Family Preservation and Support Services from the Division of Transitional Assistance to the Division for Children, Youth and Families; Obsolescence of Form 765a, Application for Title IV-A Funding for Services, and Form 765a(i), Instructions to Form 765a; Increased Federal Hourly Minimum Wage; Technical Corrections to TANF and Food Stamp Voluntary Quit Policy; Revised Key Word Index; Revised Family Assistance Manual Chapters 200, 300, 600, 700 and 800; Revised Glossary; and Revised SR’s Inserted in Family Assistance Manual

TO:

ALL REGIONAL ADMINISTRATORS

 

ATTENTION:

OES Supervisors

NHEP Teams

Effective Date:

September 1, 1997 Federal Hourly Minimum Wage

Effective Date:

September 2, 1997 Other Policy Changes

 

SUMMARY

 

This SR revises the emergency assistance policy, releases the increased federal hourly minimum wage, and makes technical corrections to the TANF and food stamp voluntary quit policy. In addition, this SR re-releases SR’s Inserted in the Family Assistance Manual.

 

Emergency Assistance

 

Effective September 2, 1997, this SR transfers the responsibility for authorization of emergency assistance payments for family preservation and support services from the Division of Transitional Assistance (DTA) to the Division for Children, Youth and Families (DCYF). The change in policy allows emergency assistance payments for family preservation and support services to be processed more efficiently and creates a streamlined process in which DCYF determines eligibility for and authorizes emergency assistance payments for family preservation and support services. Previously, DCYF recommended and determined eligibility for the service, and the OES Case Technician authorized the service.

 

Form 765a, Application for Title IV-A Funding for Services, and Form 765a(i), Instructions to Form 765a, have been obsoleted as Division of Transitional Assistance (DTA) forms and will no longer be posted to the Forms Manual. Effective September 2, 1997, DCYF will re-release Form 765a and corresponding forms instructions under separate cover.

 

The Table of Contents to Chapter 600 has been revised to delete references to Table J, Emergency Assistance Limits for Family Preservation and Support Services. Table J has also been deleted from Chapter 600.

 

Section 703.09, Emergency Assistance Payments for Family Preservation and Support Services, and Section 703.21, Verification Requirements: Emergency Assistance Payments for Family Preservation and Support Services, have been removed from the Family Assistance Manual (FAM) Chapter 700. References to these sections have also been deleted from the Table of Contents to FAM Chapter 700 and the Key Word Index. The FAM Glossary has also been revised to delete references to EA family preservation and support services.

 

Increased Federal Hourly Minimum Wage

 

Effective September 1, 1997, the federal hourly minimum wage will increase from $4.75 per hour to $5.15 per hour. Family Assistance Manual (FAM) Chapters 200, 600 and 800 have been revised as a result of the federal hourly minimum wage.

 

Voluntary Quit

 

This SR makes a technical correction to the voluntary quit policy for TANF cases. Section 315.05, Sanctions/Disqualifications for Voluntary Quit now contains a cross reference to FAM Part 825, Conciliation Process so that readers will be aware that TANF individuals who voluntarily quit their jobs are entitled to participate in a conciliation process.

A technical correction has also been added to food stamp voluntary quit policy in Section 315.01. This correction adds "exemption from work registration requirements" as a condition under which voluntary quit policy does not apply. It also adds an exception stating that individuals who are exempt from food stamp work registration requirements based on hours of employment (working for 30 hours per week or earning 30 times the federal minimum wage) are not exempt from voluntary quit policy. Due to an oversight, these policy statements were not carried over to the Family Assistance Manual when it was released by SR 94-4/April 1994.

 

SR’s Inserted in Family Assistance Manual

 

SR’s Inserted in Family Assistance Manual is being re-released to add the retention and obsolescence of SR 97-9, Implementation of the New Hampshire Employment Program... The retention of SR 97-28, Release of New Citizenship Criteria and Child Care Eligibility... has also been added to this document. Due to an oversight, these entries were not included in SR’s Inserted in Family Assistance Manual when SR 97-19, Revised Family Assistance Manual Chapter 800... and SR 97-28 were released.

 

POLICY

 

Emergency Assistance

 

Effective September 1, 1997, DCYF is responsible for authorizing EA services for family preservation and support. This policy change eliminates the former procedure in which DCYF recommended services, determined eligibility and requested OES Case Technician authorization for payment of services. The streamlined process benefits applicants for EA family preservation and support services, DTA and DCYF.

 

NOTE

 

Access to EA payment types is limited to one 30-day authorization period in 12 consecutive months. Both the 30-day period and the 12-month period begin when the first EA payment for either permanent housing or DCYF services is authorized.

 

 OES must determine if any EA payments for DCYF services have been authorized within the 12 months prior to authorizing any EA permanent housing payments. EA permanent housing payments must not be authorized if DCYF services have been authorized within the past 12 months.

 DCYF must also determine if any EA payments for permanent housing have been authorized within the past 12 months prior to authorizing any EA payments for DCYF services.

 Previously, page 2 of Form 765a contained check off boxes to remind DTA and DCYF to check for receipt of EA payments within the past 12 months. Now that DTA will no longer be using Form 765a, it is essential that both DTA and DCYF continue to check EA payment history carefully to assure that the 30 day/12 month limits have been met before authorizing payments.

 

Current versions of Form 765a, SR 94-91/March 1995, may continue to be used until DCYF re-releases and distributes its revised Form 765a.

 

Federal Hourly Minimum Wage

 

The federal minimum wage has increased from $4.75 per hour to $5.15 per hour, effective September 1, 1997. This rate increase is due to an Act of Congress which modified the Fair Labor Standards Act. This wage rate is used to determine work registration and student exemption status in the Food Stamp Program. It also affects hourly participation requirements in the Alternative Work Experience Program (AWEP). Mandatory AWEP participants cannot be required to work for more hours than would be needed to produce an equivalent compensation if the participant were paid at the federal minimum wage, unless more hours are necessary to meet federal work participation requirements.

 

Voluntary Quit

 

The technical corrections to TANF and food stamp voluntary have now been added to FAM Part 315, Voluntary Quit. These corrections reflect existing policy.

 

 TANF individuals who voluntary quit their jobs are entitled to participate in the conciliation process described in FAM Part 825.

 Part 315 now indicates that being exempt from food stamp work registration also exempts an individual from voluntary quit provisions. An exception has been added to specify that individuals exempt from work registration due to employment of 30 hours per week, or due to weekly earnings that equal or exceed 30 times the federal minimum wage are not exempt from voluntary quit policy.

 

IMPLEMENTATION

 

The increased federal minimum wage is effective September 1, 1997. Other policy changes in this SR are effective September 2, 1997.

 

CLIENT NOTIFICATION

 

No client notification is planned due to the procedural nature of this SR.

 

TRAINING

 

No training is planned.

 

POSTING INSTRUCTIONS

 

Remove and Destroy  Insert

 

Forms Manual

 

Form 765a,  None

SR 94-91/March 1995,

4 sheets (Page 1 is 4 part NCR,

and page 2 is 3 part NCR.)

 

Form 765a(i),  None

SR 94-91/March 1995,

2 sheets

 

 

POSTING INSTRUCTIONS (Continued)

 

Remove and Destroy  Insert

 

Family Assistance Manual

 

Key Word Index beginning with Key Word Index beginning with

"Disregards," and ending with "Disregards," and ending with

"Home and Community Based Care "Home and Community Based Care

for Developmentally Disabled Individuals," for Developmentally Disabled Individuals,"

SR 97-27/August 1997, SR 97-34/September 1997, and

1 sheet  SR 97-27/August 1997,

  1 sheet

 

Section 209.39 through Part 211 Section 209.39 through Part 211

ending with "adult household member," ending with "adult household member,"

SR 97-9/March 1997,  SR 97-34/September 1997, and

1 sheet  SR 97-9/March 1997,

       1 sheet

 

Section 313.05 through Section 315.07,  Section 313.05 through Section 315.07,

SR 97-9/March 1997, and  SR 97-9/March 1997, and

SR 97-20/July 1997,  SR 97-34/September 1997,

2 sheets  2 sheets

 

Table of Contents, Chapter 600, Table of Contents, Chapter 600,

SR 97-24/July 1997, and SR 97-34/September 1997, and

SR 95-47/July 1995,  SR 95-47/July 1995,

1 sheet  1 sheet

 

Chapter 600, Tables H through J, Chapter 600, Tables H through I,

SR 97-5/January 1997, and SR 97-34/September 1997,

SR 97-24/July 1997,  1 sheet

1 sheet

 

Table of Contents, Chapter 700, Table of Contents, Chapter 700,

Part 701 through Section 713.15, Part 701 through Section 713.15,

SR 97-24/July 1997, and SR 97-34/September 1997,

SR 95-64/July 1995,  SR 95-64/July 1995,

1 sheet 1 sheet

 

Part 703,  Part 703,

SR 97-24/July 1997, and SR 97-34/September 1997,

SR 95-64/July 1995,  3 sheets

5 sheets  

 

 

POSTING INSTRUCTIONS (Continued)

 

Remove and Destroy  Insert

 

Family Assistance Manual

 

Part 809 through Part 815, Part 809 through Part 815, 

SR 97-30/August 1997, SR 97-34/September 1997, and

SR 97-19/June 1997,  SR 97-19/June 1997,

1 sheet  1 sheet

 

Glossary beginning with Glossary beginning with

"Cash Surrender Value," and ending "Cash Surrender Value," and ending

with Employment Related Disregards," with Employment Related Disregards,"

SR 97-24/July 1997,  SR 97-24/July 1997, and

1 sheet SR 97-34/September 1997,

 1 sheet

 

SR’s Inserted in Family Assistance SR’s Inserted in Family Assistance

Manual, SR 97-19/June 1997, Manual, SR 97-19/June 1997 and,

2 sheets SR 97-39/September 1997

 2 sheets

 

DISPOSITION

 

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

 

DISTRIBUTION

 

The SR only is being distributed according to the narrative distribution list for FAM. The manual pages will be distributed to all holders of FAM and Forms Manuals.

DTA/SJC:s

 

 

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CERTIFICATE OF DESTRUCTION

 

I hereby certify that all copies of Form 765a, SR 94-91/March 1995, have been recycled or destroyed.

 

Office Manager:      District Office:      

 

NOTE: Return this certificate to Stock Control at State Office after the instructions in this SR have been carried out.