303.11 Absence from New Hampshire: Temporary (FAM)

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Benefits are not affected by 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 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 the 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 1:

FANF casehead and 2 children, who is exempt from NHEP work requirements, informs the FSS that they are temporarily staying with a friend out of state due to family/domestic violence concerns. Because they intend to retain New Hampshire residency and their absence from the state is temporary, their FANF benefits are not affected.

Example 2:

An FSS knows that FANF casehead uses a PO Box to receive thier family’s mail. Reviewing the case, the FSS finds that the casehead had previously confirmed that their family lived in an apartment in an area of New Hampshire where home mail delivery was not available, so they receives mail from the Department at a PO Box. However, the family vacated their apartment and now stay with friends in a different city in New Hampshire, but continues to use the PO Box for mail delivery. Because the caseheads employer is located out of state, the casehead frequently uses their EBT card out of state to withdraw cash. Both of those factors raise questions.

The FSS calls the casehead, but they do not answer. The FSS immediately mails them the New HEIGHTS-generated AE0055, Proof Needed to Determine Your Assistance, to request verification of residency. The FSS enters an expected change into New HEIGHTS to check the status in 10 days. When the FSS checks the status 10 days later, they see that the casehead did not respond. The FSS enters a failure to verify residency status into New HEIGHTS, which closes the family’s FANF assistance.

When a parent retains custody of a child who is attending school in another state, consider the child to be a resident of New Hampshire and the parent as providing care for the child. See Section 207.05, Living with a Specified Relative.

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, V; RSA 167:78, XXIV; RSA 167:79, II & IV(a); 42 USC 608(a)(10); 42 CFR 435.403