New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-W - Former Division of Human Services
Chapter He-W 600 - FINANCIAL ASSISTANCE AND ELIGIBILITY FOR MEDICAL CARE
Part He-W 654 - EVALUATION AND TREATMENT OF INCOME
Section He-W 654.20 - Allowable Deductions

Universal Citation: NH Admin Rules He-W 654.20

Current through Register No. 40, October 3, 2024

(a) When determining eligibility and the amount of assistance for all categories of financial assistance, an allowable deduction from the income available to the assistance group shall be made, in an amount which has been or must be paid by an individual for non-employment-related types of expenses, including the following:

(1) Training expenses as described in (e) below;

(2) Garnishments from an individual's earnings to repay a legal debt;

(3) Allocated income, as specified in He-W 654.21; and

(4) Any court-ordered payments, as described in (f) below, including but not limited to child support, alimony, and guardianship fees.

(b) The deduction described in (a) above shall be allowed for:

(1) Any individual whose needs are included in the assistance group; and

(2) Any individual whose income is counted even if the individual's needs are not included in the assistance group.

(c) The amount of the deduction shall be the amount of the verified expense.

(d) Allowable deductions shall be applied as follows:

(1) For FANF, and for adult category financial assistance cases in which there is a nonapplicant spouse, the allowable deductions shall be subtracted from the amount which represents the monthly combined earned income, less all applicable disregards to earned income as described in He-W 654.14 and He-W 654.15, plus all unearned income; and

(2) For adult category financial assistance cases in which there is an applicant spouse, the allowable deductions shall be subtracted from the amounts which represent the individual monthly net incomes of the applicant and the applicant spouse.

(e) Training expenses shall be an allowable deduction when all the following circumstances are met:

(1) The individual is enrolled in and regularly attending at least on a half-time basis, a program having an organized curriculum with the specific objective of training individuals for gainful employment;

(2) The training program is sponsored by public education or the federal government, or is offered by private schools for a particular trade;

(3) The individual has not received reimbursement for the training expense from any other source, or if partial reimbursement is made, the remaining expense shall be an allowable deduction;

(4) The training expense is not part of an employment expense disregard, because the individual has no earned income, or the training is totally unrelated to the individual's employment; and

(5) The expense occurs on at least a monthly basis.

(f) Any court-ordered payment which must be paid by an individual shall be an allowable deduction, regardless of whether the individual actually makes the payment.

(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; ss by #7342, eff 10-1-00; ss by #9276, eff 1-1-08

The amended version of this section by New Hampshire Register Number 6, eff. 1/28/2023 is not yet available.

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