Current through Register No. 40, October 3, 2024
(a) Exemptions from work requirements shall
be either temporary or permanent, and decisions regarding exemptions shall be
subject to the administrative appeals process described in He-C 200.
(b) A parent under age 20 without a high
school diploma or its equivalent shall, pursuant to
42 U.S.C 608(a) (4)
, participate in basic education activities
described in
He-W
637.17 when the child reaches age 12 weeks, for the
number of hours specified in
He-W
637.03.
(c) Temporary exemptions shall remain in
effect until:
(1) The next redetermination of
eligibility;
(2) The individual
notifies the department that the condition qualifying for the exemption no
longer exists;
(3) The department
discovers that the individual no longer qualifies for the exemption;
or
(4) The individual enters his or
her 40th month of receipt of FANF assistance.
(d) Individuals who lose exemption status due
to (c) (4) above shall participate in the New Hampshire employment program
(NHEP) work program except for:
(1)
Individuals who have been temporarily deferred pursuant to (b) above, who shall
not be required to participate until their youngest child reaches 12 weeks old;
and
(2) Individuals who have
medical exemptions pursuant to
He-W
606.30.
(e) A permanent exemption shall exist when:
(1) A parent or included caretaker relative
does not meet the definition of able-bodied as defined in
RSA 167:78,
I and receives one or more of the following
benefits:
a. Supplemental security income
(SSI);
b. Social security
disability insurance (SSDI);
c.
Veteran's disability rating of 80% or more; or
d. State supplemental assistance, such as aid
to the permanently and totally disabled (APTD), aid to the needy blind (ANB),
or old age assistance (OAA);
(2) A dependent child who is 16 or older and
is not a full time student has a documented permanent and total disability as
verified by a licensed physician, licensed physician assistant (PA), licensed
advanced practice registered nurse (APRN), board certified psychologist, master
licensed alcohol and drug counselor (MLADC), licensed pastoral psychotherapist
(LLP), licensed independent clinical social worker (LICSW), licensed clinical
mental health counselor (LCMHC), or licensed marriage and family therapist
(LMFT); or
(3) A determination has
been made by the NHEP representative that a parent or included caretaker
relative has long term obstacles to employment resulting in an inability to
participate in employment or activities leading to employment subject to the
following:
a. The individual has participated
in and complied with all NHEP requirements or has been unable to comply with
good cause;
b. The NHEP
representative has completed case management activities with the individual for
at least one year;
c. During the
one year specified in b. above, all reasonable efforts to assist the individual
in becoming employable by providing case management services and access to all
NHEP employment related activities for which the individual might qualify have
been made; and
d. The individual
agrees with the NHEP representative's decision; and
(4) A recommendation has been made by the
hardship extension review committee that the family includes an adult caring
for a household member with a disability per
RSA 167:82,
II(g) subject to the following:
a. The individual has received at least one
hardship extension for this reason; and
b. The individual agrees with the committee's
recommendation.
(f) Permanent exemptions shall not be
re-evaluated:
(1) As long as the benefits
specified in (e) (1) above, are being received by the individual; or
(2) Until the individual notifies the
department that his or her circumstances as described in (e) (2), (3), and (4)
above, have changed, or the department discovers that circumstances have
changed, whichever occurs first.
(See Revision Note at Chapter Heading He-W 600) #6446,
eff 2-1-97; amd by #6595, eff 10-1-97; amd by #6789, eff 7-1-98; amd by #7372,
eff 12-1-00; amd by #7523, eff 7-1-01; amd by #7918, eff 8-1-03; amd by #8269,
eff 2-1-05; paragraph (b) amd by #8740, INTERIM, eff 10-13-06, EXPIRED:
4-11-07; paragraph (b) amd by #8869, eff 4-19-07; ss by #9534, eff
9-1-09
