134.03 Specified Hardship Criteria SR 19-28, 06/19 (FAM-A)

If a Financial Assistance to Needy Families (FANF) assistance group (AG) meets more than one hardship criterion, the AG must choose which criterion is to be considered for the hardship exemption request.

All hardships must be verified in the manner noted for each criterion in this section.

Criteria Available to all FANF AGs:

1. Lack of Adequate Child Care
   A hardship extension may be granted due to an inability to find adequate child care, provided the individual has made a good faith effort to do so. See Section 808.31, Compliance Requirements, for a definition of adequate child care.
   
   Required Verification:

   • The individual must provide a written statement specifying when the individual last had an adequate child care provider, when and why that provider was lost, and how the individual has either not been able to find a child care provider or that the only child care available does not provide care that is adequate. The statement must list the providers contacted, dates contacted, and the reason the provider was inadequate; and

   • if a New Hampshire Employment Program (NHEP) participant, the individual’s assigned Employment Counselor Specialist (ECS) must document the individual’s past experience with child care providers and what efforts the individual has made to find adequate providers in the past.

2. Loss of Employment
   A hardship extension may be granted due to loss of employment provided the unemployed adult:

   • has applied for unemployment compensation (UC) benefits; and

   • did not lose employment due to voluntarily quitting the job, refusing to accept a suitable job offer, or getting fired without good cause, as described in Section 315.03, Good Cause for Voluntary Quit.
     

   Required Verification:
   
   Proof from the unemployed adult that the adult did not lose employment due to voluntarily quitting a job, refusing to accept a job offer, or getting fired without good cause, and:

   • a copy of the "Determination on Claim for Unemployment Benefits" (Form NHUS1016) from New Hampshire Employment Security (NHES); or

   • a signed statement from the local NHES office verifying:

   • an application has been filed for UC benefits; or

   • the unemployed adult is not eligible for UC benefits.

3. Life-Threatening Circumstance or Emergency Situation
   A hardship extension may be granted to AGs that are experiencing life-threatening circumstances or an emergency situation, as noted below:

   • natural disasters, such as floods, fires, hurricanes, and earthquakes;

   • eviction, homelessness, loss of owned residence, arson, or theft of clothing, food, or money;

   • medical emergencies or serious illness of an AG member or of a person for whom an AG member is legally liable under state law to support;

   • discontinuance of utilities or heat, or unsafe or unhealthy living conditions;

   • peril to the physical or mental well-being of a child; or

   • any other circumstance considered life-threatening by the BFA Supervisor.

   Required Verification: Any reasonable documentation that substantiates that life-threatening circumstances or an emergency situation exists. Examples of reasonable documentation include, but are not limited to: a police report, insurance claim, eviction or mortgage foreclosure notice, shut-off notice, doctor’s statement, emergency room bill, a signed and dated written demand for rent for an actual or pending eviction, a notice that the town is condemning the home the individual lives in, or a Health Department notice.

4. Health Condition of the Individual Submitting the Hardship Request
   A hardship extension may be granted to AGs in which an adult is unable to participate or has limited participation in any NHEP work program activity due to his or her physical or mental health condition.
   
   Exception: Before being granted a second hardship extension based on long-term disability, the individual must first apply for disability benefits. See PART 317, DEVELOPING POTENTIAL SOURCES OF INCOME.
   
   Required Verification: The information requested on BFA Form 752, Healthcare Provider Statement of Abilities for FANF Financial Assistance, must be provided by an authorized healthcare provider (this includes information about the individual’s health condition, how long it will last, and why it prevents the individual from working or participating in some or all NHEP activities). See Section 808.07, Verification of Exemptions, for a list of types of healthcare providers authorized to provide the necessary information.
   
   An update of the information requested on BFA Form 752 is required if the current information on file is more than 4 months old, or if more recent information indicates that the individual’s health condition will end before the beginning of the extension period.
   
   Although the BFA Supervisor retains the authority to approve or deny a hardship extension request, all individuals requesting an extension due to a health condition are referred to the Medical Exemption Unit (MEU) for assessment. The determination from the MEU must be complete before a hardship extension can be approved or denied based on that determination.

5. Health Condition of a Household Member
   A hardship extension may be granted to AGs in which an adult is unable to participate or has limited participation in any NHEP work program activity due to caring for a household member with a health condition. See Section 808.07, Verification of Exemptions, for information about who qualifies as a household member.
   
   The adult must provide care to the household member due to the household member’s health condition. There must also be no alternative care available or feasible for the household member.
   
   Exception: When a hardship extension has been granted due to the individual caring for a household member and the individual subsequently requests an extension for this same reason, the BFA Supervisor will review the request to determine if the circumstances warrant a recommendation that the individual be permanently exempt from NHEP work requirements. If the BFA Supervisor makes this recommendation, and the individual agrees, the AG will be transferred to the Family Assistance Program (FAP) by the TANF Program Specialist. Since individuals participating in FAP are permanently exempt from closure due to the 60-month time limit, the individual will no longer have to request a hardship extension to continue to receive FANF financial assistance.
   
   Required Verification: The information requested on BFA Form 752HH, Healthcare Provider Statement of Necessary Care for a FANF Household Member, must be provided by an authorized healthcare provider (this includes information about the household member’s health condition, how long it will last, and why it prevents the individual applying for the extension from working or participating in some or all NHEP activities). See Section 808.07, Verification of Exemptions, for a list of types of healthcare providers authorized to provide the necessary information.
   
   An update of the information requested on BFA Form 752HH is required if the current information on file is more than 4 months old, or if more recent information indicates that the household member’s health condition will end before the beginning of the extension period.
   
   Although the BFA Supervisor retains the authority to approve or deny a hardship extension request, all individuals requesting an extension due to the health condition of a household member are referred to the MEU for assessment. The determination from the MEU must be complete before a hardship extension can be approved or denied based on that determination.

6. Learning Disability
   A hardship extension may be granted due to a learning disability of an adult in the AG.
   
   Required Verification:
   
   A signed statement from a licensed psychologist or a state-certified education professional licensed to certify the existence of a learning disability indicating that the adult currently has a learning disability that prevents him or her from:

   • working;

   • participating in work-related activities; or

   • preparing for work.

7. Participation in a Treatment Program for Substance Use or Mental Health
   A hardship extension may be granted when an adult member of the AG is in a treatment program for substance use or mental health that prevents or limits participation in NHEP.
   
   Required Verification: A statement from the program director or an official program representative indicating that the adult is currently an active participant in the treatment program.

8. Family/Domestic Violence
   A hardship extension may be granted to an AG that includes an individual who is or has been a victim of family or domestic violence. Victims of domestic violence must participate in an assessment interview with the Assessment and Intervention Unit (AIU) and develop an individualized service plan.
   
   Required Verification:

   • Completed Form 754C, Request for Family/Domestic Violence Option, and submission of corroborative evidence that verifies the domestic violence claim. See PART 323, FAMILY/DOMESTIC VIOLENCE OPTIONS (FVO), for examples of corroborative evidence; and

   • participation in a mandatory assessment interview with an AIU Counselor. Failure to schedule and participate in this assessment with the AIU Counselor will result in an automatic denial of the hardship request. The determination from the AIU must be complete before a hardship extension can be approved or denied based on that determination.

Criteria Available Only to Certain FANF AGs

9. In Compliance with NHEP Participation Requirements (Open FANF AGs Only)
   A hardship extension may be granted to AGs whose FANF is open at month 60 or during an extension if all NHEP-mandatory AG members are in compliance with NHEP. At the time the extension is to begin, all NHEP-mandatory adults in the AG must:

   • be complying with his or her Employability Plan;

   • be participating in an approved NHEP activity;

   • not be sanctioned for failure to meet NHEP requirements;

   • not be disqualified from receiving FANF due to an Intentional Program Violation at the time the 60-month time limit is reached; and

   • meet all eligibility requirements for FANF.

   Required Verification: The ECS will verify compliance as part of the hardship extension review process.

10. Working 30 Hours a Week
    FANF AGs may qualify for a hardship extension if the adult who has already received at least 60 months of FANF is working 30 or more hours a week in unsubsidized employment and the AG is otherwise FANF-eligible.
    
    Required Verification: Documentation of the hours of employment, and, if requested by the Family Services Specialist (FSS), proof that the wages are not subsidized.

Special Situation Hardship Criteria

An "across-the-board" hardship extension may be granted:

• if NHES has determined that the state:

• is eligible for the federal/state cooperative extended benefit program pursuant to the Federal-State Extended Benefit Unemployment Compensation Act of 1970 or any other temporary federal supplemental unemployment benefit program in effect in the state; or

• has a statewide unemployment rate of 7% or more; and

• to families living in an area designated by the United States Department of Labor as a labor surplus area.

Required Verification: BFA State Office will track and monitor these criteria and notify District Offices when any of these conditions are met, and also when the circumstances above are no longer present.

References: He-W 602.08(c); He-W 654.03(h); RSA 167:82, II(f) & (g); 42 USC 608(a)(7)(C)