N.H. Admin. Code § He-W 604.03

Current through Register No. 50, December 12, 2024
Section He-W 604.03 - Advance Notice Period
(a) The advance notice period shall be one of the following:
(1) Five calendar days when terminating or reducing benefits due to fraud;
(2) Ten calendar days before the date of action to discontinue, terminate, suspend, or reduce assistance; or
(3) Thirty calendar days when the action is the result of information obtained from a US internal revenue service crossmatch report.
(b) For 12-month extended medical assistance (EMA), a 10-calendar day advance notice shall be provided when a client is moving out of state.
(c) Changes in client circumstances which occur or are reported during an advance notice period shall not be processed until the advance notice period has expired.
(d) The department shall not provide advance notice when federal regulations allow the option of dispensing with the advance notice when:
(1) Factual information confirms the death of a recipient or of the FANF payee and there is no relative available to serve as payee;
(2) A recipient provides a written and signed request to terminate assistance or gives written information which will result in the termination or decrease in the level of eligibility or amount of assistance;
(3) A recipient has been admitted or committed to an institution and is no longer eligible for assistance;
(4) A recipient's location is unknown and the department mail is returned by the postal service indicating no forwarding address is on file;
(5) The recipient has been accepted for assistance in another state;
(6) A recipient is placed in a nursing facility or requires long term hospitalization;
(7) All recipients in the assistance group have died;
(8) A recipient has been receiving a positive grant adjustment and the adjustment period is complete;
(9) A recipient requests in writing to voluntarily initiate, change or remove a vendor payee, or to change the amount of the vendor payment;
(10) A recipient or assistance group is closed in one case and opened in another, and the eligibility level and benefit amount remain the same; and
(11) A child is removed from the home as a result of a judicial determination or is voluntarily placed in foster care by the child's legal guardian.
(e) For 12-month EMA, advance notice shall not be provided for the following situations:
(1) There is no longer a dependent child in the 12-month EMA assistance group;
(2) The client does not meet the employment requirements;
(3) The client requests termination of benefits; or
(4) If the result of gross earned income, minus child care costs, for all assistance group members exceeds the EMA income limit.

N.H. Admin. Code § He-W 604.03

(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 #8452, eff 10-22-05

Ss by #10471, eff 11/26/2013.