Current through Register No. 40, October 3, 2024
(a) The department shall operate the
following emergency assistance programs:
(1)
An emergency assistance program pursuant to 45 CFR 233.120 to assist families
to secure or retain permanent housing; and
(2) An emergency assistance program pursuant
to
RSA
167:7,V and
167:86 to
provide payments to remove obstacles to employment.
(b) To be financially eligible to receive
emergency assistance to secure or retain permanent housing the family shall
meet one of the following:
(1) Be eligible
for and receiving FANF financial assistance;
(2) Be categorically and financially eligible
for FANF financial assistance according to the requirements described
throughout He-W 600 but not be receiving it; or
(3) Meet all the categorical and financial
requirements to receive FANF financial assistance, as described in (b) (2)
above, except that the caretaker relative shall not be required to meet the
definition of a specified relative, as defined in
He-W 601.07(n)
, provided that the children did live with a
specified relative, as so defined, within 6 months prior to the month in which
the emergency assistance is requested, pursuant to 45 CFR 233.120(b) (1) (i)
-(iv) .
(c) When
determining financial eligibility for emergency assistance to secure or retain
permanent housing, the income and resources of all eligible children, and a
specified relative as defined in
He-W 601.07(n)
and his or her spouse, shall be combined and
compared to the FANF payment standard for the appropriate assistance group (AG)
size as defined in
He-W
658.02, and FANF resource limits, as defined in
He-W 656.06,
whether the family is receiving FANF financial assistance or not.
(d) Non-financial eligibility requirements
for emergency assistance to secure or retain permanent housing shall be as
follows:
(1) The department has received a
written request for assistance from the applicant, as indicated in (e)
below;
(2) The applicant shall
verify pursuant to
He-W
606.104(b) that the AG is
experiencing or is threatened with homelessness or unsafe or unhealthy living
conditions;
(3) The applicant:
a. Has complied with all other verification
requirements of
He-W
606.104; and
b. Is not under sanction pursuant to
RSA 167:79, VI(b)
-(d) or
RSA 167:82,
III(c) -(g) at the time of application or at
any time during the eligibility determination process for emergency assistance
and individuals in sanction that have a plan to cure and are actively engaging
in curing their sanction with NHEP shall be eligible to apply for emergency
assistance;
(4) The
applicant's residence shall be currently occupied and:
a. Owned by any of the individuals whose
needs, income and resources are used to determine eligibility for emergency
assistance;
b. Jointly owned with:
1. An individual whose needs, income and
resources are used to determine eligibility for emergency assistance;
or
2. The individual's spouse or
adult child who resides on the property; or
c. Be owned on a future date by any of the
individuals cited in (4) a. and b. above, pursuant to a court order which
awards the property to the individuals(s) and specifies that the property will
be transferred; and
(5)
The applicant's need for emergency assistance is not due to:
a. Voluntarily quitting a job of at least 20
hours a week within 60 days of applying for emergency assistance unless the
reason for voluntarily quitting meets the good cause criteria pursuant to
RSA 167:82,
III(c) -(d) ; or
b. Any of the reasons described in
RSA 167:79,VI(b)
-(d) , and
RSA 167:82,
III(c) -(g) .
(e) The applicant shall submit a signed and
dated written request for emergency assistance to secure or retain permanent
housing to the district office, which contains the following information:
(1) The type of emergency situation,
including time periods, if the request is for a rental, mortgage principal
and/or interest, or utility/fuel delivery arrearages;
(2) The specific type of assistance required;
and
(3) The amount of assistance
requested.
(f) The
following types of expenses shall be the only expenses authorized under the
emergency assistance to secure or retain permanent housing program:
(1) Rental security deposits and/or first
month's rent required to obtain housing, provided that the monthly rental
expense does not exceed 100% of the AG's total monthly income;
(2) The minimum amount of back rent required
to retain current housing, provided that:
a.
The period the back rent is intended to cover has expired; and
b. If the monthly rent obligation exceeds
100% of the AG's total monthly income, the AG provides a signed and dated
statement from any person or entity indicating the intent to assure and/or
assist in maintaining the AG's monthly rent obligation;
(3) The minimum amount of back mortgage
principal and interest required to retain current housing, provided that:
a. The period the back mortgage principal and
interest is intended to cover has expired; and
b. If the monthly mortgage obligation exceeds
the AG's total monthly income, the AG provides a signed and dated statement
from any person or entity indicating the intent to assure and/or assist in
maintaining the AG's monthly mortgage obligation;
(4) Utility deposits required to obtain heat,
electricity, water, sewer, and gas service;
(5) Utility arrearages to prevent termination
of heat, electricity, water, sewer, and gas service; and
(6) Deliveries of home heating fuel to
provide the client with heat, including:
a. A
current fuel delivery; or
b.
Payment of the cost of the most recent fuel delivery arrearage which will allow
for a current fuel delivery.
(g) The AG shall meet the following
conditions for the permanent housing expense requested:
(1) The client shall provide verification of
the emergency situation specified in (e) and (f) above pursuant to
He-W
606.104;
(2) If the rental or utility security deposit
request exceeds the maximum allowed by the department, the AG shall verify one
of the following pursuant to
He-W
606.104(b) :
a. That the remainder of the deposit will be
secured;
b. A payment plan has been
arranged for the balance of the deposit; or
c. The payment authorized by the department
will secure the housing;
(3) If the amount of the back rent, mortgage
principal and interest, or utility arrearage exceeds a 2-month period, the AG
shall verify the following pursuant to
He-W
606.104(b) :
a. The remainder of the back rent, mortgage
principal and interest, or the utility arrearage will be secured;
b. Payment of a 2-month portion will prevent
eviction, foreclosure, or termination of utilities; or
c. A payment plan has been arranged for the
remainder of the bill;
(4) For utility deposits, utility arrearages,
and deliveries of home heating fuel requests, the client shall verify the
following pursuant to
He-W
606.104(b) :
a. That all sources of energy assistance have
been exhausted;
b. That the AG is
ineligible for energy assistance; or
c. That energy assistance cannot be provided
in time to meet the emergency need; and
(5) If the amount requested for home heating
fuel exceeds the maximum allowed by the department, the AG shall verify one of
the following pursuant to
He-W
606.104(b) :
a. That the remainder of the cost will be
secured;
b. A payment plan has been
arranged with the home heating fuel company for the remainder of the cost;
or
c. The payment authorized by the
department will secure a current home heating fuel delivery.
(h) The maximum amount
of emergency assistance to secure or retain permanent housing shall be
authorized as follows:
(1) For rental
security deposits and/or first month's rent, $650;
(2) For utility deposits, the amount charged
by the utility provider;
(3) For
deliveries of home heating fuel, $700; and
(4) A 2-month period for rent, mortgage
principal and interest, or utility arrearages.
(i) The following shall apply to
authorizations of emergency assistance to secure or retain permanent housing:
(1) An emergency assistance request for the
same item shall only be approved by the department more than once in a 12-month
consecutive period in the following circumstances:
a. Until the maximum amount specified in (h)
(3) above is reached, home heating fuel can be authorized up to 6 times in the
12 consecutive months; and
b. A
rental security deposit that would enable the client to change residences can
be authorized more than once in a 12-month consecutive period, provided the
that the landlord has returned or will return the previously authorized deposit
to the department;
(2)
The department shall authorize payment for either a rental security deposit or
a back rent or mortgage principal and interest arrearage, but not both, in the
same 30-day period;
(3) The AG
shall be:
a. Allowed to retain a total of
$250 of the following cash resources, or resources readily converted to cash,
which belong to the recipient and his or her spouse if residing with the
recipient:
1. Personal property resources, as
defined in
He-W 601.06(n)
;
2. Resources resulting from accumulation of
types of income excluded by federal mandate; and
3. Accumulation of federal, state, and local
income tax refunds; and
b. Required to apply any remaining amounts of
these resources toward the emergency situation before emergency assistance for
permanent housing services can be authorized;
(4) The department shall send written
notification of the eligibility decision to the applicant within 15 working
days of the date the application for emergency assistance is received by the
district office;
(5) The notice of
decision described in (4) above shall include the following:
a. The eligibility decision;
b. The reason for the decision, if the
emergency assistance request is denied; and
c. The resource computation, if the full
amount of the request was reduced by the client's personal property resources;
and
(6) Emergency
assistance payments to secure or retain permanent housing shall be paid to the
provider of the service, and shall not be paid to the client.
(j) Recipients of FANF financial
assistance who are participating in NHEP work activities pursuant to He-W 637,
shall be authorized to receive payments, as funding allows, to resolve
employment related obstacles essential and directly related to the NHEP
participant obtaining or keeping employment, or to resolve employment-related
obstacles in direct relationship to his/her ability to participate or remain in
an approved NHEP activity, as specified on the employability plan, when:
(1) The NHEP representative and the NHEP
participant have agreed upon a vocational goal;
(2) The NHEP participant has participated in
assessment interview(s) and has developed an employability plan that has been
approved by the NHEP representative;
(3) Removal of the employment obstacle has
been:
a. Documented as necessary by the NHEP
participant's employer or potential employer; or
b. Determined as necessary by the NHEP
representative after assessing the NHEP participant's need to resolve
employment-related barriers in direct relationship to his/her ability to
participate or remain in an approved NHEP activity as specified on the
employability plan, pursuant to
He-W
637.12;
(4) Employment obstacle assistance is
necessary to remedy the existing sanction for NHEP participants who are
currently under sanction pursuant to
He-W 637.08;
and
(5) The NHEP participant is
enrolled in an approved activity and is:
a.
Complying for the hours identified on the employability plan or making a good
faith effort to participate if just beginning an approved activity;
and
b. Meeting the verification
requirements at
He-W
637.03.
(k) Employment obstacles shall include, but
not be limited to:
(1) Car insurance expenses
at the usual and customary rates excluding higher rates due to accidents,
violations or other causes, up to a maximum of $750 per state fiscal
year;
(2) Car registration fees, up
to a maximum of $350 per state fiscal year;
(3) Driver's license fees or replacement fee,
up to a maximum of $90 per state fiscal year;
(4) Work clothing expenses, not including
uniforms, needed for job interviews or to begin employment, up to a maximum of
$200 per state fiscal year;
(5)
Personal care items or services including but not limited to haircuts,
deodorant, shampoo, toothpaste, toothbrush, and razors, up to a maximum of $25
per state fiscal year; and
(6)
Adult cosmetic dental care for services not covered by Medicaid, up to a
maximum of $1500.
(l)
The total of all payments for emergency assistance to remove the obstacles to
employment specified in (k) (1) through (5) above shall not exceed $750 per
individual per state fiscal year.
(m) The maximum limit for adult cosmetic
dental care identified in (k) (6) above shall be considered a separate payment
limit from the limit for items cited in (k) (1) through (5) above and
assistance for this service shall be available regardless of any other payments
received in (k) (1) through (5) .
(n) Payment for the services identified in
(k) (2) and (3) above shall be paid directly to the client.
(o) Payment for the services identified in
(k) (4) and (5) above shall be either paid directly to the client or the
provider of these items or services.
(p) Payment for the services identified in
(k) (1) and (6) shall be paid directly to the provider of these items or
services.
(q) Clients shall provide
a signed and dated receipt or written statement from the service provider
indicating that the payment received was actually spent on the authorized
services identified in (k) (2), (3), (4) and (5) above if the payment was made
to the client.
(r) When clients
receiving direct payment for services do not provide verification as specified
in (q) above that the payment received was actually spent on the authorized
services identified in (k) (2), (3), (4) and (5) above, the NHEP representative
shall:
(1) Request that the department put a
credit balance on the client's support service check for the amount of payment
owed; or
(2) Make a referral to the
department's office of special investigations when fraud is
suspected.
(s) If the
employment-related obstacle request exceeds the maximum emergency assistance
payment limits specified in He-W 699.05(k) above, before the maximum emergency
assistance payment is authorized the NHEP participant shall demonstrate:
(1) That the payment authorized by the
department is sufficient to remove the employment related obstacle;
and
(2) How the remainder of the
request shall be secured or that a payment plan has been arranged for the
remainder of the bill.
(t) The following shall apply to
authorizations of emergency assistance to remove obstacles to employment:
(1) There shall be no limit to the number of
times emergency assistance for employment related obstacles can be approved per
state fiscal year so long as the maximum payment limits specified in (k) above
are not exceeded; and
(2)
Authorization for an emergency assistance request to remove employment related
obstacles shall be limited to the maximum dollar limits, described in He-W
699.05(l) and He-W 699.05(m) above, per state fiscal year.
(u) Emergency assistance payments shall be
denied when funds for the programs are no longer available.
(See Revision Note at Chapter Heading He-W 600) #5171,
eff 6-26-91; ss by #5370, eff 4-13-92; amd by #6672, eff 1-26-98; ss by #6754,
eff 5-20-98; amd by #7206, eff 3-1-00; amd by #7415, EMERGENCY, eff 12-15-00,
EXPIRED: 6-13-01; ss by #7497, eff 6-14-01; amd by #7714, eff 7-1-02;
paragraphs (j)-(k) amd by #8740, INTERIM, eff 10-13-06, EXPIRED: 4-11-07;
paragraphs (j)-(k) amd by #8869, eff 4-19-07; paragraph (h) amd by #9300,
EMERGENCY RULE, eff 10-21-08, EXPIRES: 4-19-09; ss by #9434, eff 4-1-09; amd by
#9642, eff 2-1-10
