SR 97-38 Dated 10/97

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

 

DATE:

 

FROM:

OFFICE OF THE ASSISTANT COMMISSIONER

AT (OFFICE):

Department of Health and Human Services

Office of Family Services

SUBJECT:

SR 97-38: NHEP Work for Benefits Component; Interstate Migration Eligibility Limitations; Provision of Workplace Protections, Workers’ Compensation, and Limits on Required Hours of Participation Based on Minimum Wage, for AWEP Participants; Removing the Limit on NHEP Participation for Parents of Children Between Ages 3 and 6; Combining of Participation Hours for Two Parent Families; Release of New Forms NHEP101, Your Rights In the Workplace, NHEP102, Notice About Workers’ Compensation Coverage, NHEP103, AWEP Pamphlet, NHEP104, AWEP: Most Frequently Asked Questions, NHEP105, AWEP Work Placement Description, NHEP235, WFB Assessment Interview Letter, and their Instructions; Release of Revised Forms NHEP232, Alternative Work Experience Program (AWEP) Agreement, NHEP233, AWEP Evaluation Report, and NHEP234, AWEP Monthly Attendance Report, with their Instructions; Revised FAM Chapter 300.

TO:

ALL REGIONAL ADMINISTRATORS

 

ATTENTION:

DTA Supervisors

NHEP Oversight Team

NHEP Profile Teams

NHES Managers

NHEP Teams

State Office EFS Unit Staff

Retroactive Effective Date

AWEP Policies: August 18, 1997

Effective Date

All Other Policies: October 1, 1997

 

SUMMARY

 

This SR releases policy and procedures for the Work for Benefits Component (WFBC), the second 26 week Component of the state’s New Hampshire Employment Program (NHEP), which follows completion of the 26 week Job Search Component (JSC). This SR also releases policies and procedures related to interstate migration of TANF financial assistance applicants who were not eligible or were closed in their state of origin based on that state’s time limit on benefits receipt or on that state’s alien eligibility policies. In addition, this SR includes new policy removing the limitation on participation hours for parents of children who are between three and six years old, implementation of work-related benefits and protections for individuals participating in Alternative Work Experience Program (AWEP) placements, and revised policy allowing two parent families to combine hours of participation to meet NHEP participation requirements for two parent families.

 

FAM 303.11 has been revised to include interstate migration policy and to make a technical change to Food Stamp program policy in the same section. This latter change outlines information district offices must obtain from an applicant’s former state of residence if that individual meets the definition of Able-Bodied and Without Dependents (ABAWD) in FAM 245. Due to time constraints and the complexity of the changes, revised FAM 800 will be released at a later date.

 

The SR also releases six new NHEP forms designed for the WFBC or the AWEP activity, and revises three existing forms to accommodate new policy. New and revised forms are discussed in detail in the FORMS section of this SR.

 

POLICY

 

WORK FOR BENEFITS

Work For Benefits is the second 26 week component of NHEP following 26 weeks of job search/job readiness activities. The WFBC requires the individual to participate for a minimum of 20 hours per week in certain specific work placement activities for 26 weeks. The work placement activities are listed below in order of priority:

 

1. Unsubsidized employment

2. On the Job Training (OJT)

3. Alternative Work Experience Program (AWEP).

 

Once the WFBC requirement is met, other NHEP activities may be approved, such as job search, basic education, a single course, post-secondary education, and vocational skills training. However, the work placement requirement must be satisfied before other activities are considered.

The flow chart below summarizes the NHEP 26 week cycles:

 

JSC

 

WFBC

 

 

 

 

 

 

 

26 weeks of Job Search/Job Readiness Activities

Preparation period to the WFBC: Weeks 22 - 26

 

 

26 weeks of Approved Work Placement Activity

 

 

Repeat of NHEP Cycle

 

Activities in the WFBC are presented in sequence and covered in detail in the following sections. Systems requirements are included in the SYSTEMS section of this SR.

 

 

Preparation Period for the WFBC

 

The preparation period for entry into the WFBC assists participants in meeting the requirements of the Component. It is used to identify participants and initiate plans for beginning an approved work placement activity once the 26 week JSC is completed. The preparation period for the WFBC begins no later than the 22nd week of job search/job readiness activities while the individual is still participating in the JSC. The goal of the preparation period is to:

 

 Facilitate a smooth and timely transition into the WFBC;

 Assist participants in meeting the requirements of the WFBC; and

 Avoid possible sanctions for the NHEP participant.

 

During the preparation phase, the following activities will take place:

 

Report Identifying WFBC Participants

 

DHHS will generate a monthly report, "26 WEEKS OF JOB SEARCH COMPONENT COMPLETED", for NHEP team members. This report identifies participants who have completed weeks 18-25 of the JSC. NHEP team members will use the report to identify and inform individuals who will be required to participate in the preparation period for the WFBC.

 

Meanwhile, those identified participants continue in their current activities in the JSC, in addition to preparing for the WFBC. If, during the preparation period, they begin (or are already participating in at the start of the preparation period) a work placement activity that meets the requirements of the WFBC, the participant can choose to:

 Not complete the remaining 26 weeks of the JSC and instead begin the 26 week WFBC immediately; or

 Simultaneously finish their remaining weeks of the JSC while beginning the WFBC.

 

WFBC Information Provided to Participants

 

Information on the WFBC must be provided to all participants prior to the end of week 24 of the JSC. It can be presented in a group, one-on-one, or concurrently with a scheduled appointment. In addition, identified individuals are sent Form NHEP235, WFB Assessment Interview Letter, which briefly describes the WFBC and notifies them that they will be expected to participate in an assessment interview prior to beginning the WFBC.

 

The information on the WFBC must include:

 An explanation of the WFBC and the support services available;

 A review of policy provisions that support work, such as:

 The earned income disregard;

 Vehicle exemption;

 Resource limits;

 Extended case management;

 Extended medical assistance; and

 Earned income tax credit;

 A description of the WFBC work placement activities;

 Referral criteria for OJT placements;

 A review of the 60-month time limit for financial assistance;

 A review of available job search assistance; and

 Individual rights and responsibilities.

 

WFBC Assessment Interview

 

The WFBC Assessment Interview is conducted prior to the end of week 24 of job search/readiness activities in the JSC. It may be held concurrently with other scheduled appointments during the preparation period.

 

The purpose of the WFBC Assessment Interview is to:

 

 Determine the individual’s ability to participate in the WFBC;

 Review the individual’s short and long term employment goals;

 Determine start work dates or job offers pending;

 Identify potential barriers which may interfere with the WFBC requirements;

 Determine the appropriate WFBC work placement activity(ies) and support services;

 Assist the participant to begin WFBC work placement activity(ies); and

 Update the Employability Plan (EP) with the individual to identify preparation activities for entry into the WFBC and related support services.

 

Assessment procedures applicable to this interview are the same as those detailed in FAM 808.17 for Assessment in the JSC, with the exception that no new Form 227, Employment Program Assessment, is required.

 

Component "Clock" in the WFBC

 

What Advances the 26 week "Clock"

 

In the WFBC, participants must complete 26 weeks in approved work placement activities. The WFBC 26 week Component "clock" advances only when the individual is participating in an approved WFBC work placement activity(ies).

 

Note: The counter "clock" advances whenever the individual is participating in an approved WFBC work placement activity, regardless of any other activities or conditions. See "Resuming the WFBC Clock" below.

 

What Stops the "Clock"

 

The WFBC clock "stops" when the participant is not participating in an approved WFBC activity and the NHEP team member terminates the activity via Form 214.

When the Work Placement Requirement Is Suspended

 

Under certain circumstances, the WFBC participation requirement may be suspended. In most cases, the individual ceases participation in the WFBC activity, and the 26 week clock for WFBC participation stops "ticking." The work placement requirement is suspended when the individual is:

 Participating in barrier resolution as the sole NHEP activity;

 Participating in an approved full-time vocational skills training program only when coupled with a bona fide offer of unsubsidized employment or OJT offered by the participant’s AWEP sponsor; or

 Sanctioned.

 

Note: Count any weeks of participation in an approved WFBC activity when in the Component, even while the requirement is suspended, toward the 26 week requirement.

 

Resuming the WFBC Clock

 

When a participant resumes participation in an approved WFBC work placement activity, the Component clock will resume at the point where the 26 week counter had been when the work placement stopped.

 

Example: At the end of week 12 of an AWEP placement, Fred refused to show up for work. The team completed Form 214 to close Fred from the AWEP activity, and the "clock" stopped effective with the End Activity date indicated on Form 214. Fred was sent Form 220, no Good Cause was determined, and a Level 1 sanction was imposed.

 

After three weeks, Fred decides to comply and is placed back in his AWEP position. His WFBC clock starts again at week 13, effective with his resumed participation, even though the Level 1 sanction remains in place until he has complied with NHEP work requirements for 2 weeks.

 

Work Placement and Participation Requirements in the WFBC

 

Participation Requirements

 

In order of preference, the mandatory work placement in the WFBC must be one of the following activities for a minimum of 20 hours a week:

 

1. Unsubsidized employment;

2. OJT; and/or

3. Alternative Work Experience Placement (AWEP).

 

All WFBC work placement activities must involve a 20 hour per week minimum commitment in order for the NHEP team member to approve the activity. If the work placement does not meet the minimum 20 hours per week requirement, then another approved work placement must be added.

Example: John is employed for pay for 15 hours per week at K-Mart. He will also do an AWEP for a minimum of 5 hours per week at the Salvation Army. This meets the minimum 20 hour per week requirement.

 

Once the work placement requirement has been met, other activities can be added to meet minimum NHEP participation requirements. See FAM 808.

Note: The WFBC work placement requirement must be met regardless of other approved activities in the NHEP. Some individuals will already be participating in existing approved activities as they near entry into the WFBC, such as when job search has been coupled with a training or education activity (including AWEP). The existing activity may continue as long as the work placement requirement is met.

 

Example: Lisa will be at week 10 of a 13 week, 20 hour a week AWEP when she enters the preparation period (week 22 of her job search) for the WFBC. She is doing 20 hours of job search concurrently with her AWEP. It appears appropriate to renew her AWEP agreement for an additional 13 weeks. Lisa can choose to end the JSC and enter the WFBC during the preparation period, with the existing AWEP as her approved work placement, or she can complete the JSC by doing 4 more weeks of job search in addition to her AWEP. At the end of those 4 weeks, the WFBC clock begins with the existing AWEP work placement.

 

In the above scenario, other approved activities may be required in order for Lisa to meet NHEP participation requirements.

 

Combining Other NHEP Activities With the WFBC Work Placement

 

When an individual is participating in an approved work placement activity for at least 20 hours per week, the work placement may be accompanied by other approved NHEP activities, if the following criteria are met:

 

 The approved NHEP activity is specified and supported by the EP, and

 The participant meets the general and specific criteria for referral to the approved NHEP activity.

 

See FAM Part 808 for information on general and specific referral criteria for NHEP activities.

 

Referral to Vocational Skills Training for AWEP Participants in the WFBC

 

An individual who is required to participate in an AWEP as the WFBC work placement may be referred to vocational skills training prior to or after the completion of the AWEP, but only when the vocational skills training is necessary in order to satisfy a bona fide offer of unsubsidized employment or OJT placement made by the AWEP sponsor.

 

If the Work Placement is Terminated or Temporarily Suspended

 

Work placements may be terminated or temporarily suspended due to a variety of causes, including client noncompliance or lack of satisfactory performance, temporary interruptions such as normal business closings for vacations, plant inventory, etc., or seasonal job layoffs.

 

 When the activity is temporarily interrupted due to circumstances beyond the control of the participant (e.g. the entire operation is shut down for 2 weeks for annual inventory) make no changes to the EP. If the participant will be returning to the same or a similar position when business resumes, consider the Component clock to be advancing during a short-term, temporary hiatus.

 If the activity ends due to circumstances beyond the control of the participant, terminate the activity on the EP and work with the participant to secure a new work placement that meets the WFBC minimum requirements. The Component clock stops when the activity is ended on the EP and does not advance until the individual begins participating in the new activity.

 If the activity is terminated due to participant noncompliance, terminate the activity on the EP and proceed with the NHEP sanction process. The Component clock stops when the activity is ended on the EP and does not advance until the individual begins participating in the new activity.

 

Assessment of Individual’s Progress in Work Placement

 

Determining Satisfactory Progress

 

In the WFBC, satisfactory progress means that the individual is placed in an approved work placement activity and is meeting the steps outlined on the EP. This includes, but is not limited to, attendance and acceptable work performance as determined by employer or sponsor evaluations.

 

Required Contacts with the NHEP Team

 

The team member must have contact with the individual in the WFBC at least once every four weeks. During contacts with the participant, the team member determines if the individual is making satisfactory progress. If so, the individual continues in the activity.

 

If the NHEP team member determines lack of satisfactory progress, the team member undertakes a review of circumstances that are impeding progress, giving careful consideration to the following:

 

 Is the placement inappropriate due to factors that have surfaced since its inception?

 Is the participant noncompliant?

 Does the individual have barriers that have arisen which need to be resolved?

 Is the sponsor or employer in compliance with the AWEP Agreement or OJT Contract?

 

On the basis of the review of the circumstances contributing to lack of satisfactory progress, consider that the participant may need:

 

 Modification to the existing activity;

 Referral to another activity; or

 Referral to community or support services to resolve barriers.

 

Sanction participants whose lack of satisfactory progress is due to noncompliance with the WFBC requirements.

 

Failure or Refusal to Meet NHEP Participation Requirements

 

Existing notification, conciliation, and sanctioning policy and procedures, including Good Cause reasons, apply to individuals in the WFBC who have failed or refused to comply with work requirements.

 

End of the WFBC

 

When an individual successfully completes the 26 week WFBC and has not obtained unsubsidized employment, schedule an Assessment Interview for the purpose of re-enrolling the individual into the 26 week JSC.

 

REMOVAL OF THE 20 HOUR LIMIT ON MANDATORY NHEP PARTICIPATION FOR PARENTS OF CHILDREN BETWEEN AGES 3 AND 6

 

As of October 1, 1997, NHEP financial assistance recipients who have a child between the ages of three and six are no longer limited to a maximum of 20 hours of required participation in NHEP approved activities. In effect, this change in participation requirements means that once a child turns 3 years, parents not otherwise exempt from NHEP work requirements may be required to participate in NHEP work activities from 20 to 40 hours per week, depending on case circumstances. Under previous policy, parents with children between the ages of three and six could not be required to participate more than 20 hours per week.

 

TWO PARENT FAMILIES - SHARING HOURS OF PARTICIPATION

 

The Balanced Budget Act of 1997 made changes to the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) which affect participation requirements for two parent families. Two parent families on financial assistance can now combine hours to meet the total NHEP participation requirement, without specifying the number of hours for each parent. This reverses current policy on two parent families that specified the minimum number of hours required of each parent.

 

Total required participation hours for two parent families depend on whether or not the family receives child care assistance and does not have a disabled person in the household:

 

 Families that do not receive child care assistance and do not have a disabled person in the household must participate a total of 35 hours, 30 of which must be in approved activities for two parent families; or

 Families who receive DHHS child care assistance and do not have a disabled person in the household must participate a total of 55 hours, 50 of which must be in approved activities (See FAM 808).

 

Under new policy, in either situation, parents can now combine hours to achieve these requirements.

 

Example: Tom and Jane are parents in a two parent family and do not receive DHHS child care assistance. Tom is participating in an AWEP for 20 hours per week. Jane is employed for 15 hours per week. The combined hours for both parents is 35 hours and the family is meeting the NHEP two parent participation requirements.

 

Example: Joe and Mary are parents in a two parent family and receive DHHS child care assistance. Joe participates in an AWEP for 40 hours per week. Mary is employed for 15 hours per week. The combined hours for both parents is 55 hours per week and the family is meeting the NHEP two-parent participation requirements.

 

EMPLOYMENT-RELATED BENEFITS AND PROTECTIONS FOR AWEP PARTICIPANTS

 

Federal and State law changes require all participants in an AWEP activity, regardless of NHEP Component, to be provided with the following employment-related benefits and protections.

 

Workplace Protections for AWEP Participants

 

State law (SB 93), enacted in August 1997, requires that individuals in AWEP work placements must be afforded the same work place protections against sexual harassment, unsafe work conditions, nondiscrimination, and adequate rest and meal periods as other employees.

 

Limitation of Hours in AWEP Participation Based on Minimum Wage

 

SB 93 also provides that individuals participating in an AWEP work placement may not be required to work more hours than their monthly assistance grant amount (plus any amounts removed due to DTA applied sanctions) divided by the federal minimum wage ($5.15), unless a greater number of hours is necessary for the individual to meet federal participation requirements. If the number of hours is more than the current minimum participation requirement of 20 hours, the number of hours over 20, rounded down, can be required of that individual. The methodology below determines the number of hours over the 20 a participant may be required to participate in an AWEP work placement:

 

Example: Fred’s household size is 3. Because of noncooperation with child support requirements, Fred’s previous grant of $550 has been reduced by 25%. To find out if Fred can be required to participate in an AWEP for more than 20 hours a week:

 Calculate the minimum monthly participation hours (20 x 4.33=86 hours);

 Multiply the minimum monthly participation hours by the current minimum wage (86 hours x $5.15 = $442.90);

 Determine the grant amount plus any reductions due to sanction or recoupment;

 Subtract $442.90 from the full grant amount to determine additional monthly wages ($550 - $442.90 = $107.10).

 Divide the additional monthly wages by the current minimum wage to determine additional hours per month. ($107.10 ÷ $5.15 = 20.80).

 Divide the additional monthly hours by 4.33 to determine the additional weekly participation hours that can be required in an AWEP work placement (20.80 hours ÷ 4.33 = 4.80 hours a week). This is rounded down to 4 additional hours a week. Fred can therefore only be required to participate in 24 hours of AWEP activities a week.

 

The maximum hours that can be required is between 20 hours and the additional hours from the above calculation, not to exceed 40 hours. Fractions of an hour are always rounded down.

Note: In the majority of cases, this limitation has no effect on two parent families due to the higher participation requirements for those families; nor does this impact the number of hours AWEP participants can be required to devote to other activities such as ESL, single course fulfillment, job search, etc. in addition to their AWEP participation hours.

 

Workers’ Compensation Coverage for AWEP Participants

 

Each NHEP participant who is engaged in an approved AWEP activity and for which there is a completed Form NHEP232, AWEP Agreement, may be eligible to receive workers’ compensation (WC) benefits in the event of an injury. For NHEP purposes, WC coverage is a new benefit for NHEP and applies only to the AWEP activity.

 

If an individual is participating in AWEP and in another approved NHEP activity, and is injured while participating in the other approved activity, the WC coverage applies to the AWEP activity only. It does not cover them if they are injured in the other NHEP activity.

 

NHEP team members must provide Forms NHEP101, Your Rights in the Workplace, and NHEP102, Notice About Workers’ Compensation Coverage, when discussing entry into the AWEP activity. NHEP team members will also explain procedures necessary in the event of an injury.

 

NHEP team members, the Business & Industry Coordinator, AWEP Developers and NHES Employer Service Representatives will inform current and future AWEP sponsors of this benefit, and provide them with Form NHEP103, AWEP Pamphlet, and Form NHEP104, The Alternative Work Experience Program: Most Frequently Asked Questions. In addition, revised Form NHEP232, AWEP Agreement, contains information directed toward AWEP sponsors on the WC rights of AWEP participants.

 

Note: WC coverage for participants in AWEP work placements does not provide any new or additional protection for the AWEP sponsor from other liability concerns.

 

INTERSTATE MIGRATION - LIMITATION ON NHEP OR FAP FINANCIAL ASSISTANCE

 

303.09 Out-of-State Recipient Moves into New Hampshire - TANF

303.09 Out-of-State Recipient Moves into New Hampshire - FS

 

Individuals are ineligible for TANF financial assistance only in New Hampshire for 12 months from the date the individual(s) began residing in New Hampshire when:

 

 The individual was ineligible for, or terminated from, TANF-funded financial assistance in a previous state of residence due to that state’s lifetime limit on receipt of benefits; or

 The individual was ineligible for, or terminated from, TANF-funded financial assistance in a previous state of residence due to that state’s legal alien eligibility policy, which is more restrictive than New Hampshire’s.

 

This policy applies only to the individual denied or terminated from financial assistance, and does not affect eligibility for any program other than NHEP or FAP financial assistance. Other members of the assistance group may be eligible for financial assistance if all other eligibility criteria are met.

 

The 12 month period of ineligibility applies if the individual had reached the state of origin’s more restrictive lifetime limit, or was denied or terminated according to that state’s more restrictive alien eligibility policy, at any time prior to assuming New Hampshire residency. For example: An individual is terminated in Massachusetts in 1997 because they had reached their lifetime 2 year limit on financial assistance. In 1999, the individual moves to NH and applies for financial assistance. That individual will still be subject to a 12 month period of ineligibility here.

 

In all cases of interstate migration, the date the individual became a resident of New Hampshire must be verified and documented in the case record.

 

Qualified aliens denied assistance under this policy, who have subsequently resided in New Hampshire 12 months or longer, still must meet New Hampshire’s citizenship requirements at the end of that time period.

 

Exception - Families Subject to Battering or Extreme Cruelty

 

Families who can verify that they had experienced battering or extreme cruelty are not subject to the 12-month waiting period. (See Procedures for required verifications.) Examples of battering and extreme cruelty are:

 

 Physical acts that result, or threaten to result, in physical injury to the individual;

 Threats, attempts or acts of sexual abuse;

 Sexual activity involving a dependent child;

 Forced participation of a caretaker relative of a dependent child in nonconsensual sexual acts or activities;

 Mental abuse; or

 Neglect or deprivation of medical care.

 

The case technician should make every effort to verify these claims. However, if the applicant is unable to provide verifications, the case technician may investigate the claim if it seems credible without the provision of corroborative evidence which may or may not be available. When the client’s claim and the department’s investigation satisfies the department that an individual has been subjected to battering or extreme cruelty, the 12 month waiting period is waived.

 

Note: If the process of verifying the claim of extreme cruelty or battering in any way compromises the safety of the applicant or family members, do not proceed with verification.

 

NEW FORMS

 

The following new forms and their instructions are being released by this SR. Copies are attached.

 

NHEP101 Your Rights In the Workplace is a one page printed form advising participants of their rights in the workplace and actions to take if they believe their rights have been violated.

 

NHEP102 Notice About Workers’ Compensation Coverage is a one page, 2-sided printed form provided to both the AWEP sponsor and the participant. It explains the Workers’ Compensation benefit and what to do in the event of an incident.

 

NHEP103 Alternative Work Experience Program is a pamphlet that describes the AWEP program and is directed towards potential AWEP sponsors. It includes information about Workers’ Compensation, what is expected of sponsors, and benefits to sponsors.

NHEP104 The Alternative Work Experience Program (AWEP): Most Frequently Asked Questions is a one page, 2-sided printed form that answers common questions expressed by potential AWEP sponsors about the AWEP program. It also describes how to arrange for an AWEP placement.

 

NHEP105 Alternative Work Experience Program (AWEP) Work Placement Description is a one page printed form used to record job description information obtained from potential AWEP sponsors. After obtaining a potential AWEP placement, NHEP team members, AWEP developers, NHES Employment Service Program representatives or the Business and Industry Coordinator complete Form NHEP105 and fax a copy to local NHEP teams and to the AWEP Developer.

 

NHEP235 Work for Benefits Assessment Interview Letter is a two part NCR form used by NHEP teams to notify NHEP participants that they are about to enter the WFBC, to schedule an assessment interview with the NHEP team, and to provide documentation that the participant has been notified.

 

REVISED FORMS

 

Form 232, Alternative Work Experience Program (AWEP) Agreement, formerly entitled "AWEP Provider Agreement," was revised to add sponsor information regarding rights in the work place and Workers’ Compensation coverage, additional participant information at signature, and to change "provider" to "sponsor" throughout. Instructions were revised accordingly.

 

Form 233, AWEP Evaluation Report and Form 234, AWEP Monthly Attendance Report, and their Instructions are being revised and released by this SR. The only change was to replace "provider" with "sponsor" throughout.

 

PROCEDURES

 

INTERSTATE MIGRATION

 

 Inform all new applicants with less than twelve months of residency in New Hampshire of the 12 month waiting period for benefits in New Hampshire. Also explain the exception which applies under conditions of battering or extreme cruelty. Follow current policy in order to verify the reason for denial or termination of financial assistance in the previous state through a closing notice from the previous state of residence that indicates termination of benefits due to time limits or alien policy, or contact with the former state for verification.

 If the applicant claims battery or extreme cruelty, verify their claims (if possible) and document in the case record. Acceptable verification of battering or extreme cruelty includes copies of court, medical, criminal, child protective, social service, psychological or law enforcement records; or a written statement from a public or licensed private social service agency; or sworn statements from individuals other than the family members with knowledge of the circumstances; or any other credible documentation that can be obtained without putting the family in peril.

 Document in case record the begin date of New Hampshire residency. Verification of date of residency includes the date on a lease, school records, a deed, etc. Offer the individual the opportunity to provide verification of an earlier start date of residency if the individual disputes the start date determined by the District Office.

 Treat the income and resources of parents ineligible due to interstate migration policy according to current policy in FAM 611.

 

TRANSITIONING INDIVIDUALS COMPLETING THE JSC

 

Names of individuals who have reached the end of their 26 weeks in the JSC concurrent with release of this policy will be identified on a special report presented to the NHEP teams at training. Otherwise, individuals who reach week 18 of their Job Search activities will be included on a monthly report titled "26 WEEKS OF JOB SEARCH COMPONENT COMPLETED." These individuals must be sent Form NHEP235, WFB Assessment Interview Letter, to set up an Assessment Interview with a team member.

 

SYSTEMS CHANGES

 

WFB

 

Forms 213, Interagency Referral/Work Registration, and 214, Return Results Form, have been revised to reflect new activity and Component codes related to the WFBC for the JOBS tracking system. These revised forms and their new activity and Component codes have been released by SR 97-37, also effective 10/1/97.

 

The Data Manager has been reprogrammed so it can accommodate a second 26 weeks of Component activities.

 

INTERSTATE MIGRATION

 

Use the following denial code for applicants terminated from assistance in another state due to time limits:

 

150 Time Receiving Financial Assistance Exceeds Allowable Limits

YOU RECEIVED FINANCIAL ASSISTANCE FUNDED UNDER TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF) IN A STATE OTHER THAN NEW HAMPSHIRE FOR THE MAXIMUM AMOUNT OF TIME ALLOWED UNDER THAT STATE’S POLICY. YOU ARE INELIGIBLE FOR TANF FINANCIAL ASSISTANCE IN NH FOR 12 MONTHS FROM THE DATE YOU BEGAN LIVING IN NH. FAMILY ASSISTANCE MANUAL 300.

 

For aliens from another state applying for assistance in NH, use the following denial code and NOD message:

 

151 Alien Applicant Ineligible in State of Previous Residency

YOU WERE INELIGIBLE FOR FINANCIAL ASSISTANCE FUNDED UNDER TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF) IN ANOTHER STATE UNDER THAT STATE’S CITIZENSHIP POLICY. YOU ARE INELIGIBLE FOR TANF FINANCIAL ASSISTANCE IN NH FOR 12 MONTHS FROM THE DATE YOU BEGAN LIVING IN NH. TO BE ELIGIBLE AFTER 12 MONTHS, YOU MUST MEET FEDERAL AND STATE CITIZENSHIP REQUIREMENTS. FAMILY ASSISTANCE MANUAL CHAPTER 300, PUBLIC LAW 104-193

 

MANUAL PAGE CHANGES

 

FAM Section 303.09 includes new policy related to interstate migration.

 

In addition, a technical change was made to Food Stamp policy in FAM 303.09. If an applicant who received food stamps in another state is ABAWD, case technicians must verify with the former state the number of months in the last 36 months (beginning no earlier than 12/1/96) the individual was nonexempt for ABAWD purposes and received food stamps while not meeting ABAWD work participation requirements, the beginning of that individual’s 36 month period, and whether the individual has used the ABAWD "Cure." A reference was also added to FAM 245 for further information on ABAWD policy. This change was overlooked when ABAWD policy and relevant FAM pages were originally released.

 

Due to time constraints and the volume and complexity of the changes, revised FAM 800 will be released in a future SR.

 

IMPLEMENTATION

 

WFB

 

All WFBC policies set forth in this SR are effective October 1, 1997.

 

AWEP WORKPLACE BENEFITS AND PROTECTIONS

 

SB 93 required implementation of workplace benefits and protections effective August 18, 1997.

 

NHEP PARTICIPATION FOR PARENTS OF CHILDREN BETWEEN 3 AND 6

 

At the next client contact, inform the parent(s) of child between age 3 and age 6 of the removal of the 20 hour limit on NHEP work participation hours. Provide parent(s) with relevant informational material describing programs.

 

Change the work registration code in field I28 on EMS of NHEP-mandatory parents to W.

 

INTERSTATE MIGRATION

 

Implement Interstate Migration policy effective with all new applications for NHEP or FAP financial assistance on or after October 1, 1997. Current recipients are not affected by this policy.

 

FORMS IMPLEMENTATION BY NHEP TEAMS

 

An initial supply of Forms NHEP101, NHEP102, NHEP103, NHEP104, NHEP105, and NHEP235, with their instructions, was distributed to all NHEP teams prior to the effective date of this SR. Begin using these forms effective October 1, 1997.

 

Use existing Form 232 until the revised version is available through the NHES monthly ordering process. Upon receipt of the revised forms, destroy or recycle all copies of the previous version, dated August 1997 and released by SR 97-33.

 

Use existing Forms 233 and 234 until stocks are depleted. Revised versions of these forms will be available through the normal NHES monthly ordering process.

 

CLIENT NOTIFICATION

 

Client notification of WFBC was provided in the form of a check stuffer, "Important Changes are Happening to NHEP in October," which was included in the September 30th, 1997, NHEP/FAP payroll. A copy is attached. Notification of other policy changes, including sharing of hours by two parent families, removal of the work participation limit for parents of children between the ages of 3 and 6, limitation of AWEP hours based on minimum wage, and Workers’ Compensation coverage for AWEP participants, will be provided by the NHEP team member at next the contact with the participant.

 

TRAINING

 

Training on the WFBC was conducted for NHEP teams, NHES managers, and D.O. supervisors on September 23 and 24, 1997. Additional training will be provided on an as-needed basis by NHEP State Office staff. No training of District Office staff is planned. Questions will be addressed by the Regional Administrators on an individual basis.

 

POSTING INSTRUCTIONS

 

 

Remove and Destroy

Insert

 

Family Assistance Manual

 

 

Section 303.09 through 303.11,

SR 94-4/April 1994,

1 sheet

Section 303.09 through 303.11,

SR 97-38/October 1997, and,

SR 94-4/April 1994

1 sheet

 

Forms Manual

 

 

None

Form NHEP101,

SR 97-38/October 1997,

1 sheet

 

None

Form NHEP101(i),

SR 97-38/October 1997,

1 sheet

 

 

 

POSTING INSTRUCTIONS (Cont.)

 

 

None

Form NHEP102,

SR 97-38/October 1997,

1 sheet

 

None

Form NHEP102(i),

SR 97-38/October 1997,

1 sheet

 

None

Form NHEP103,

SR 97-38/October 1997,

1 sheet

 

None

Form NHEP103(i),

SR 97-38/October 1997,

1 sheet

 

None

Form NHEP104,

SR 97-38/October 1997,

1 sheet

 

None

Form NHEP104(i),

SR 97-38/October 1997,

1 sheet

 

None

Form NHEP105,

SR 97-38/October 1997,

1 sheet

 

None

Form NHEP105(i),

SR 97-38/October 1997,

1 sheet

 

Form NHEP232,

SR 97-33/August 1997,

6 sheets*

Form NHEP232,

SR 97-38/October 1997,

6 sheets

 

Form NHEP232(i),

SR 97-33/August 1997,

1 sheet

Form NHEP232(i),

SR 97-38/October 1997,

1 sheet

 

Form NHEP233,

SR 97-33/August 1997,

3 sheets*

Form NHEP233,

SR 97-38/October 1997,

3 sheets

 

 

POSTING INSTRUCTIONS (Cont.)

 

 

Form NHEP233(i),

SR 97-33/August 1997,

1 sheet

Form NHEP233(i),

SR 97-38/October 1997,

1 sheet

 

Form NHEP234,

SR 97-33/August 1997

1 sheet

Form NHEP234,

SR 97-38/October 1997

1 sheet

 

Form NHEP234(i),

SR 97-33/August 1997

1 sheet

Form NHEP234(i),

SR 97-38/October 1997

1 sheet

 

None

Form NHEP235,

SR 97-38/October 1997

1 sheet

 

None

Form NHEP235(i),

SR 97-38/October 1997

1 sheet

 

* Note that the Posting Instructions for SR 97-33 incorrectly identified the number of sheets for Forms NHEP232

and NHEP233. The above are correct.

 

DISPOSITION

 

This SR must be posted in the Family Assistance Manual for reference until Chapter 800 pages detailing WFB policy and changes to mandatory participation requirements for parents of children aged 3 to 6 are released.

 

DISTRIBUTION

 

The SR only is being distributed according to the narrative distribution list for the Family Assistance Manual (FAM) and to NHEP team members. The manual pages will be distributed to all holders of the FAM.

 

DTA/MGD:s