311.15 Refusal to Cooperate (FAM)

SR 18-29 Dated 02/18

Previous Policy

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Applicants of Financial Assistance to Needy Families (FANF) who previously failed or refused to cooperate with child support requirements are to be given 10 days to contact BCSS and become compliant (BCSS provides BFA 608 confirming cooperation).  If applicant doesn’t comply timely, application is to be denied.

 

Recipients of Financial Assistance to Needy Families (FANF) who fail or refuse to cooperate with child support requirements are treated differently based on the type of assistance received:

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flat 25% sanction is deducted from the payment standard for the group size for FAP (if specified relative is included) and NHEP recipients. This deduction is taken before any additional sanctions are applied; and

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IDP and FWOC applicants and recipients as well as FAP specified relatives who are not included in the AG are not subject to sanction but they must comply with developing all potential sources of income, including child support income.  Cash would need to be denied/closed for this reason if not cooperating with child support .

 

Applicants and recipients of IDP and FWOC are not required to assign their rights to financial child support to the Department as a condition of eligibility. See PART 317, DEVELOPING POTENTIAL SOURCES OF INCOME.

 

When recalculating income eligibility for assistance, allow all deductions and disregards for which the individual is eligible.

 

When an applicant, recipient parent or specified relative included refuses to cooperate, advise the individual of the action that will be taken.

 

Remove the sanction for individuals who:

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request an administrative appeal within 15 days from the date on the notice of the action being appealed;

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cooperate during the advance notice period; or

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claim good cause (but remove the sanction only after they have submitted the required evidence).

 

References: He-W 601.04; He-W 606.31; He-W 627.04; He-W 636.09; RSA 161:4-a,V; RSA 161-B:1-4; RSA 161-C:22; RSA 167:79,III(c) & VI(a); RSA 167:82,III(a)-(b); RSA 167:83,II(l) & IV; 45 CFR 235.70; 42 USC 608(a)(3)