Current through Register No. 40, October 3, 2024
(a) A
child in a 2-parent household shall be considered to be deprived of parental
support or care due to unemployment for eligibility for UP medical assistance
when the PWE:
(1) Currently works less than
100 hours per month on average, using a best estimate as described in (e)
below;
(2) Expects to continue
working less than 100 hours per month on average, using a best
estimate;
(3) Has a work/education
history or an unemployment compensation history that meets the requirements of
(m) through (o) below;
(4) Has not
refused an offer of employment within 30 days prior to receipt of assistance if
such offer is at a wage that is customary for the specific position in the
community according to the department of employment security;
(5) Has not refused a specific training
opportunity at a specific location within 30 days prior to the receipt of
assistance;
(6) Is currently
eligible for unemployment compensation benefits in NH or unemployment
compensation benefits from another state even if not actually receiving such
benefits; and
(7) Is willing to
apply for and receive unemployment compensation benefits.
(b) When determining which parent is the PWE,
the following shall apply:
(1) The PWE shall
be the parent who earned the higher income in the 24 months preceding the month
of application;
(2) The earnings of
both parents shall be counted for the full 24 months in determining the PWE
regardless of when their relationship began;
(3) If parents had identical income for the
24 months, the household shall designate the PWE;
(4) When one of the parents has been
designated as the PWE, that parent shall remain the PWE for purposes of
determining deprivation due to unemployment; and
(5) If the family files a new application
after a break in eligibility, the PWE status shall be redetermined pursuant to
(b)(1) through (4).
(c)
UP medical assistance shall end when the employment criterion in (a)(1) above
is no longer met.
(d) The average
of 100 hours in (a)(1) and (2), and (c), above, shall be determined by deriving
a best estimate of hours.
(e) A
best estimate of hours shall be determined as follows:
(1) If the hours worked in the current month
are less than 100 hours and are representative of anticipated future hours
based on documentation provided by the individual, then the best estimate shall
be the number of hours worked in the current month;
(2) If the hours worked in the current month
are less than 100 hours and are not representative of anticipated future hours
based on documentation provided by the individual, then the best estimate shall
equal the number of hours per month anticipated to be worked in the future;
and
(3) If the hours worked in the
current month are greater than 100 hours, then the hours worked in the previous
2 month period shall be considered in determining the best estimate as follows:
a. The hours worked in both of the previous 2
months shall be less than 100 hours;
b. Documentation provided by the individual
regarding future anticipated hours shall be less than 100 hours;
c. The best estimate shall be equal to the
number of hours anticipated to be worked in the future; and
d. If the number of hours worked in the
current and previous 2 month period are greater than 100 hours per month, or if
the anticipated future number of hours will be greater than 100 hours per month
based on documentation supplied by the individual, then deprivation due to
unemployment shall not exist and the application for UP medical assistance
shall be denied.
(f) For purposes of this rule, a
non-significant change means a temporary or short term variation in the number
of hours worked caused by a situation which is not ongoing.
(g) Non-significant changes shall not be used
to determine the best estimate.
(h)
For purposes of this rule, a significant change means a variation in the number
of hours worked that is expected to continue for more than one month.
(i) For continued eligibility for UP medical
assistance, if the derived estimate in (e) above results in a current or
anticipated average of 100 hours or more of employment per month, deprivation
due to unemployment for purposes of the UP medical assistance program shall no
longer exist when the advance notice period pursuant to
He-W
604.03 expires.
(j) Fluctuating hours shall be converted to a
monthly amount by averaging monthly hours for the previous 2 months.
(k) The 2-month average shall not be used
when one of the following circumstances applies:
(1) If fluctuating hours have been worked for
less than 2 months, the average shall be based on the actual number worked in
the most recent month; and
(2) If
the income in the previous 2 months is higher or lower than current or
anticipated earnings and does not reflect a best estimate of current and future
hours as determined in (e) above, a new best estimate shall be determined for
the remainder of the current period of eligibility that is based on anticipated
hours to be worked in the future.
(l) When a currently eligible individual is
verified to have worked more than 100 hours in any one month, a best estimate
shall be made to determine if the individual expects to continue working more
than 100 hours per month for more than one month.
(m) If the individual described in (l) above
will work 100 hours or more for longer than one month and provides the
department with documentation of hours of employment, deprivation as described
in (a) and (c) above shall no longer exist when the advance notice period
pursuant to He-W 604.03 expires.
(n) To determine if the work history
requirement pursuant to
He-W
628.03(a)(3) has been met, the
following shall apply:
(1) The PWE shall have
worked at least 6 calendar quarters in a period of 13 consecutive calendar
quarters ending within one year prior to the application for assistance and
earned at least $50 for each quarter;
(2) Calendar quarters shall be periods of 3
consecutive months dated as follows:
a.
January 1 through March 31;
b.
April 1 through June 30;
c. July 1
through September 30; and
d.
October 1 through December 31;
(3) A self-employed PWE shall be credited
with calendar quarters worked in a calendar year by:
a. Determining the PWE's countable earned
income for a calendar year;
b.
Dividing by $50; and
c. Taking the
result, in whole numbers, to equal the number of calendar quarters that can be
credited in a calendar year up to a maximum of 4; and
(4) If the self-employed PWE can be credited
with less than 4 quarters, the quarters shall be credited within the year in a
way that is most beneficial to the PWE when determining if the requirement in
(1) above has been met.
(o) For eligibility for UP medical assistance
based upon educational history, educational activities may be substituted for
no more than 4 quarters of work when the activities consist of one of the
following:
(1) Full time elementary or
secondary school attendance;
(2)
Full time participation in a vocational or technical training program that is
preparatory to employment; or
(3)
Participation in a post secondary education or vocational skills training
activity as defined in
He-W
637.01.
(p) A history of unemployment compensation
may be substituted for a history of work or education if the PWE met one of the
following conditions at any time during the calendar year immediately prior to
applying for UP medical assistance:
(1) He or
she received unemployment compensation benefits; or
(2) He or she was eligible for unemployment
compensation benefits, even if the benefit check was not being received due to:
a. Recoupment due to an overpayment;
or
b. A diversion of the benefit to
the IRS, child support services, or another party.
(q) A PWE shall be considered
eligible for unemployment compensation benefits, although not receiving them
due to disqualification by the New Hampshire department of employment security,
if the PWE is:
(1) Seeking or receiving
unemployment compensation benefits in another state;
(2) Leaving self-employment, such as closing
one's business or failing to return to self-employment; or
(3) Unavailable for employment outside the
home for any reason for a period of 30 days or less.
(r) The PWE shall not be considered to be
eligible for unemployment compensation benefits if the PWE:
(1) Was discharged for misconduct associated
with work, including:
a. Neglect of duty due
to recurring careless or negligent acts; or
b. Willful misconduct due a deliberate
violation of a company rule designed to protect the legitimate interests of the
employer;
(2) Failed to
accept or apply for suitable employment without good cause determined in
accordance with He-W 637.07;
(3) Was unavailable for work outside the home
for more than 30 days;
(4) Was
separated from his or her last employer due to a disciplinary layoff;
(5) Was separated from his or her last
employer due to participation in a labor dispute as determined by the
commissioner of the department of employment security, pursuant to
RSA
282-A:36;
(6) Was discharged due to intoxication or use
of controlled drugs on the job;
(7)
Was discharged due to arson, sabotage, or dishonesty connected with the job;
or
(8) Voluntarily quit a job
through no fault of the employer.
(s) A PWE shall no longer be considered to
have voluntarily quit a job when new employment is obtained, at comparable
wages or hours, then lost through no fault of the PWE.
(t) A PWE shall be willing to apply for and
accept unemployment compensation benefits in New Hampshire or another state, if
potentially eligible for these benefits.
(u) The department shall advise the PWE of
his or her right to appeal a department of employment security disqualification
determination.
(See Revision Note at Chapter Heading He-W 600) #5171,
eff 6-26-91; ss by #6531, INTERIM, eff 6-27-97, EXPIRED: 10-25-97; ss by #6614,
eff 10-24-97; amd by #6825, eff 8-3-98; ss by #7084, eff 8-26-99; ss by #8970,
eff 8-25-07; ss by #10163, eff 7-26-12
The amended version of this section by
New
Hampshire Register Number 23, eff.
5/10/2023 is not yet
available.
