134.11 FANF Hardship Extension Review Process (FAM)

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The District Office supervisor has the sole authority to approve or deny Financial Assistance to Needy Families (FANF) hardship extension requests made by:

• open assistance groups (AGs) who have received FANF financial assistance for at least 54 months;

• AGs who are between month 4 and month 6 of a FANF hardship extension; and

• all requests for extensions made by FANF AG’s reapplying after cash benefits were terminated due to the FANF 60-month lifetime limit.

The District Office Supervisor bases their decision either to approve or deny a request for a FANF hardship extension on the FANF hardship extension interview the applicant participated in, the completed BFA Form 785, FANF Hardship Extension Request, the verification provided by the AG, and any other information and documentation included with BFA Form 785.

Notification of the Decision on the FANF Hardship Extension Request

AGs will be informed in writing of the decision on their FANF Hardship Extension Request, and of the recipient’s right to request an Administrative Appeal, as follows:

• currently open FANF AG’s requesting an extension or between month 4 and month 6 of an extension will be issued official written notice of the decision as soon as possible after the Hardship Review Interview and BFA Form 785 have been completed and required documentation has been provided; or

• FANF AG’s reapplying for an extension after being closed due to reaching the FANF 60-month lifetime limit will be issued official written notice of the decision as soon as possible but no later than the 45th day after the date on which an application for FANF financial assistance was filed at the District Office.

Open AGs denied an extension are entitled to an advance notice period and have the right to file for an administrative appeal and to request a continuation of FANF financial assistance pending the outcome of the hearing, provided the request for continuation of benefits is made within the advance notice period. However, if the client loses the appeal, the benefits received during the period between the denial and the administrative appeal are subject to recoupment.

If an administrative appeal is requested, the TANF Program Specialist, the District Office Supervisor, and the FSS (for exempt individuals) or the NHEP ECS (for mandatory participants) must attend.

Special Review Process for AGs in a FANF Hardship Extension Who Are Noncompliant with NHEP

Prior to terminating the AG’s hardship extension due to an act of noncompliance, ensure that written notification of the consequences of continued noncompliance with NHEP when in a FANF Hardship Extension was provided to the AG. In addition, the NHEP Employment Counselor Specialist (ECS) must contact their NHEP Field Support Manager (FSM) to review the case. The NHEP FSM will then refer the AG to the Assessment and Intervention Unit (AIU), and the AIU Counselor will attempt to contact the AG to determine any outstanding issues or NHEP compliance barriers the AG is experiencing. The AIU Counselor will ensure the client understands the NHEP noncompliance issue, what will happen if the NHEP noncompliance is applied to the AG’s case while the AG is in a hardship extension, and that two NHEP noncompliances resulting in termination of financial assistance while in a FANF hardship extension will result in the AG being ineligible for any additional hardship extensions for any reason:

• If the AIU Counselor connects with the AG, the AIU Counselor will contact the NHEP FSM with the outcome of the contact. This information and any additional information or actions that have occurred will then be used in determining whether the NHEP noncompliance will be applied, causing the AG’s hardship extension, and therefore cash benefit, to be terminated. If the NHEP FSM determines that the NHEP noncompliance should be applied, the NHEP FSM forwards that information to the Welfare to Work Bureau Chief for a final decision.

• If the AIU Counselor is unable to make contact with the AG within 7 business days of the referral, the AIU Counselor will contact the NHEP ECS to terminate the AG’s hardship extension.

If on two (2) occasions an AG fails or refuses to comply with NHEP work program requirements and the AG’s FANF hardship extension is terminated for this reason after following the above special review process, the AG will not be eligible for additional FANF hardship extensions for any reason.

References: He-W 602.15; 45 CFR 205.10