N.H. Admin. Code § He-W 699.05

Current through Register No. 45, November 7, 2024

Section He-W 699.05 - Emergency Assistance

(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.

N.H. Admin. Code § He-W 699.05

(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

Amended by Volume XXXIX Number 02, Filed January 10, 2019, Proposed by #12697, Effective 12/31/2018, Expires 12/31/2028.