N.H. Admin. Code § He-W 637.04

Current through Register No. 50, December 12, 2024

Section He-W 637.04 - Exemptions

(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.

N.H. Admin. Code § He-W 637.04

(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

Amended by Volume XXXVII Number 45, Filed November 09, 2017, Proposed by #12402, Effective 10/20/2017, Expires 10/20/2027.

Amended by Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12718, Effective 1/26/2019, Expires 1/26/2029.