301.01 Absence from New Hampshire Temporary (AAM)

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Benefits are not affected by a temporary absence from New Hampshire. A temporary absence is when an individual or assistance group is out of the state but intends to keep New Hampshire as their residency and return to the state as soon as the reason for the absence is complete.

Examples of temporary absence include visiting: vacationing, temporary hospitalization, rehabilitation services, and school attendance.

Evaluate residency status in questionable cases or when an individual has been absent from New Hampshire longer than 30 days without notifying the department.

Examples of questionable residency situations include: recurring out-of-state EBT card transactions, out-of-state home ownership or rental, or use of a PO Box, rural route address, or general delivery address to receive mail.

If residency is questionable, evaluate information in the individual’s case and from outside information received about the household circumstances or call the individual. Things to consider are:

• reason for the absence;

• duration and frequency of absence(s);

• where personal and household possessions are kept;

• where the individual votes or pays resident taxes;

• place of employment;

• future plans; and

• in general, all factors which would establish a place of residency.

NOTE: Any one of above examples by itself is not proof that the individual is not a New Hampshire resident.

A written statement that is dated and signed from the individual is sufficient to document their residency unless there is conflicting evidence. If after evaluation residency remains doubtful, mail New HEIGHTS-generated AE0055, Proof Needed to Determine Your Assistance, (or paper backup BFA Form 808, Proof Needed to Determine Your Assistance, if New HEIGHTS is unavailable) to the client to request verification of residency. Enter an expected change in New HEIGHTS to check for verification in 10 days. If the individual does not respond within 10 days or provides insufficient information, deny or close the case.

Example: An FSS receives information that Stuart, who is receiving APTD financial assistance, owns a house in Florida despite his claiming New Hampshire residency. This prompts the FSS to assess other factors. The FSS calls Stuart, but Stuart does not answer. The FSS immediately mails Stuart the New HEIGHTS-generated AE0055, Proof Needed to Determine Your Assistance, to request verification of residency. Stuart submits proof that he does own a house in Florida, and this house is an excluded resource. He also submits proof from his landlord in New Hampshire verifying that he lives in his rental apartment for 10 months out of the year and returns to New Hampshire after his out-of-state visits. The FSS determines that, based on this information, Stuart’s New Hampshire residency is not questionable. The FSS reminds Stuart to notify DHHS anytime he plans to leave New Hampshire for more than 30 days.

For individuals who move out of New Hampshire permanently, financial assistance is to be closed immediately with no ANP.

References: He-W 601.06; He-W 601.07; He-W 601.08; He-W 606.10; He-W 606.11; He-W 618.02; He-W 699.02; RSA 21:6; RSA 167:6, I; RSA 167:6, V; RSA 167:78, XXIV; 42 CFR 435.403