Current through Register No. 40, October 3, 2024
(a) Good cause shall exist, pursuant to
RSA
167:82, III(c), when:
(1) A family experiences a net loss of income
or loss of shelter, pursuant to (f) and (g) below; or
(2) A family includes an individual who has
been battered or subject to extreme cruelty as defined in
42 U.S.C.
602(a) (7) (B) , pursuant to
(h) below.
(b) Good
cause for lack of adequate child care pursuant to
RSA
167:82, III(c) (8) shall:
(1) Apply for children:
a. Under age 13; or
b. Over age 13 but under age 18 provided the
child's physical or mental condition is such that the child would cause harm to
him or herself or to others without supervision;
(2) Not include instances where providers
refuse to provide child care due to intentional non-payment of child care bills
by the individual; and
(3) Be
considered to exist when the individual provides in writing the claim and the
specific reasons why the claim is made that the quality of care from a provider
is not adequate as described in (d) (4) below;
(c) When the individual claims inadequate
child care as identified in (b) (4) above, the individual shall explore other
child care providers and options for obtaining adequate child care;
(d) Adequate child care, as referenced in (b)
above, shall be considered available from those providers who:
(1) Have openings and to whom the individual
has a means of transporting the children;
(2) Are licensed or license exempt;
(3) Meet all the qualifications and
requirements for providers, contract agencies, or both specified in
He-C
6910.18(b) -(d) and meet the
definitions at RSA
170-E:2, IV or
RSA
170-E:3;
(4) Provide care that is representative of
the quality of child care provided to other children in the community;
and
(5) Meet the household's basic
requirements for child care, such as providing care during the required hours,
or providing special treatment for a handicapped child if necessary;
(e) Acceptable verification for a
good cause reason for non-participation with NHEP work requirements shall
include, but not be limited to:
(1) Written
verification from a third party pertaining to the individual's medical visits,
mandated appointments or other circumstances beyond the individuals'
control;
(2) A signed, written
statement from the individual, under penalty of unsworn falsification pursuant
to RSA
641:3, indicating the individual's efforts to
contact local agencies to resolve the reason for non-participation;
or
(3) A signed, written statement
from the individual, under penalty of unsworn falsification pursuant to
RSA
641:3, indicating the individual's continued
efforts to resolve the reason for non-participation.
(f) The good cause provision due to net loss
of income as identified in (a) (1) above, shall be met when the net income
available to a family at the time the offer of employment was made is less than
the financial assistance the family received under FANF;
(g) Net loss of income shall be calculated as
the family's gross income, which shall include, but not be limited to,
earnings, unearned income and cash assistance less the total of necessary
work-related expenses, such as child care, transportation, and any other
mandatory work related expense required by the employer;
(h) Individuals who make a good cause claim
due to (a) (2) above shall be required to provide the following corroborative
evidence to verify the claim:
(1) Court,
medical, criminal, child protective services, psychological, or law enforcement
records or a statement from a social service provider;
(2) A written statement from a social worker
from a public or private social service agency; or
(3) Sworn statements from an individual other
than assistance group members with knowledge of the circumstances.
(i) Pursuant to
45 CFR
260.52(c) , if the
individual is not able to provide corroborative evidence as described in (h)
above, the individual shall submit, a signed, written statement, under penalty
of unsworn falsification, pursuant to
RSA
641:3, that indicates:
(1) The existence of the situation in (a) (2)
above and that compliance with the work program participation requirements
would make it more difficult for the assistance group to escape the
situation;
(2) That the work
participation requirements would unfairly penalize the assistance group which
is or has been victimized; or
(3)
That the work participation requirements would put the assistance group at
further risk.
(j) Good
cause for loss of shelter shall be deemed to temporarily exist for failure to
comply with voluntary quit and work-related activities when the individual:
(1) Is in immediate threat of
eviction;
(2) Is living in an
abandoned building, place of business, car or other vehicle, or in a place not
designed to be, or not ordinarily used as, a regular sleeping accommodation for
human beings; or
(3) Has provided
documentation establishing the existence of an unstable living arrangement that
impedes the individual's ability to meet work participation
requirements.
(k) An
individual may make the claim for good cause for non-participation with NHEP
work requirements when they indicate that they are, or have previously been,
battered or subjected to extreme cruelty as defined in
42 U.S.C.
602(a) (7) (B) , where
compliance with normal work program requirements would:
(1) Make it more difficult to escape the
situation;
(2) Unfairly penalize
those who are or have been victimized; or
(3) Put them at further risk.
(l) All good cause decisions shall
be made by the department of health and human services considering all
available facts and circumstances, including information submitted by:
(1) The individual;
(2) The employer;
(3) Other agencies providing a NHEP service
or activity; and
(4) Any other
individual with first hand knowledge of the facts, circumstances, or both of
the situation.
(m) Good
cause decisions shall be subject to the administrative appeal process
established by He-C 200.
(See Revision Note at Chapter Heading He-W 600) #6446,
eff 2-1-97; amd by #7192, eff 2-1-00, amd by #8175, eff 10-1-04; amd by #8269,
eff 2-1-05; intro. and paragraphs (d) & (g)-(i) amd by #8740, INTERIM, eff
10-13-06, EXPIRED: 4-11-07; intro. and paragraphs (d) & (g)-(i) amd by
#8869, eff 4-19-07; ss by #9104, eff
3-15-08
