Current through Register No. 40, October 3, 2024
(a) When a married
couple lives together in an independent living arrangement, income belonging to
either spouse shall be considered available in accordance with He-W 652.03 in
determining eligibility for all categories of financial assistance.
(b) For financial assistance to needy
families, in accordance with RSA 167:3 and RSA 167:3-a, parents shall be liable
for their children who are considered to be minor children or minor parents as
defined under RSA 167:78, XVI and 45 CFR 233.107(e)(1).
(c) For the adult categories of financial
assistance, the ability of a liable relative in accordance with RSA 167:3 to
contribute to an individual's support shall be determined as follows:
(1) The amount of the expected contribution
shall be based on the gross annual income of the liable relative;
(2) The income considered shall be all money
or monies that are defined as income in the individual's category of
assistance;
(3) Money or monies
defined as resources in the individual's category of assistance shall not be
considered in determining the ability of the relative to contribute;
(4) The gross annual income of the liable
relative or a legal dependent shall be reduced by the amount of the following
unreimbursed and unreimbursable expenses:
a.
Medical care costs;
b. Educational
expenses;
c. Any court-ordered
payments, including, but not limited to, child support, alimony, or
guardianship fees;
d. Repayments,
including garnishments, or prior indebtedness excluding shelter costs;
or
e. Life-threatening
circumstances as described in He-W 654.03(h);
(5) The legally liable relative's income,
less expenses noted in (c)(4) above, shall be compared to 200% of the federal
poverty income guidelines, as described in 42 USC 9902(2) and annually updated
by the department pursuant to (8) below, for the appropriate number of persons
dependent on the legally liable relative's income noted in (6) below;
(6) The number of persons dependent on the
income shall include the liable relative and any persons legally claimed as
dependents for federal income tax purposes by that relative except for the
recipient;
(7) In the case of
self-employed persons, the gross income shall be the income remaining after
deducting business expenses allowed by the Internal Revenue Service for federal
income tax purposes;
(8) The income
limit of 200% of the federal poverty income guidelines shall be effective no
later than the first of the month following the first complete month after the
federal poverty income guidelines have been published in the federal register;
and
(9) If the income is:
a. Less than or equal to 200% of the federal
poverty income guidelines for the number of persons dependent on the legally
liable relative's income, no contribution shall be expected from the liable
relative; or
b. Greater than 200%
of the federal poverty income guidelines for the number of persons dependent on
the legally liable relative's income, a contribution equal to 10% of that
portion of income over 200% of the federal poverty income guidelines for the
number of persons dependent on the legally liable relative's income shall be
expected to be made by the liable relative towards the individual's
support.
(d)
If contributions are actually made by a legally liable relative on a regular,
recurring basis to an individual, the monthly contribution amount shall be
treated as unearned income in determining the individual's eligibility and
benefit level.
(e) Refusal of the
liable relative to supply adequate information regarding their ability to
contribute shall have no impact on the individual's eligibility.
