134.03 Specified Hardship Criteria SR 01-11, 04/01(FAM-A)

____________________________________________________________

If an NHEP assistance group meets more than one hardship criterion, it 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 NHEP Cases:

Lack of Adequate Child Care

A hardship extension may be granted due to inability to find adequate child care provided the client has made a good faith effort to do so. Adequate child care means care that is representative of the quality of care provided to others in the community.

Required Verification: A written statement describing the steps taken to find adequate child care and how the client 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.

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;

• Is actively seeking employment; and

• Did not voluntarily quit, refuse or get fired without good cause as defined in FAM PART 315.

Required Verification:

• 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 unemployment benefits; and

• A statement from the unemployed adult detailing the efforts that have been made to get a job.

Life-threatening Circumstance or Emergency Situation

A hardship extension may be granted to cases that are experiencing life threatening circumstances or an emergency situation, as noted below:

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

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

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

• discontinuance of utilities or heat;

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

• any other circumstance considered life-threatening by the DFA supervisor.

Required Verification: Any reasonable documentation that substantiates that life threatening circumstances or an emergency situation exists.

Medical Condition

A hardship extension may be granted to cases in which an adult is unable to participate or has limited participation in any NHEP work program activity due to a physical or mental condition.

Required Verification: Completed and approved Form 752, Physician/Psychologist Statement for Exemption/Limitation from NHEP Work Requirements.

Medical Condition of Another Family Member

A hardship extension may be granted to cases in which an adult is unable to participate or has limited participation in any NHEP work program activity due to a physical or mental condition of another household member. The adult must provide care to another individual, who resides in the same household, due to that individual’s illness, incapacity, or disability. There must also be no alternative care available or feasible for the household member.

Required Verification: Completed and approved Form 752, Physician/Psychologist Statement for Exemption/Limitation from NHEP Work Requirements.

Learning Disability

A hardship extension may be granted due to a learning disability of an adult family member. The criteria differ slightly for open and closed cases.

For an open AG:

• The adult must have a learning disability that has been diagnosed by a state certified education professional licensed to certify for learning disabilities or a licensed psychologist; and

• The state certified education professional licensed to certify for learning disabilities or a licensed psychologist has developed a plan that identifies the specific steps and timeframes the individual needs to meet the goals included in the individual’s NHEP employability plan.

For a AG’S reapplying after loss of TANF due to a time limit:

• The adult must have a learning disability that has been diagnosed by a state certified education professional licensed to certify for learning disabilities or a licensed psychologist; and

Required Verification:

• A signed statement from the qualified learning disability specialist that indicates what the nature of the learning disability and the expected treatment outcomes; and

• A copy of any plan that identifies the steps and timeframes necessary to help the individual meet the employment-related goals that are included in the NHEP Employability Plan (EP), if the individual currently has one, or to become employable and ultimately self-sufficient.

Participation in a Substance Abuse or Mental Health Program

A hardship extension may be granted due to an adult family member’s participation in a substance abuse program or mental health program that prevents or limits participation in NHEP work program activities.

Required Verification: a signed statement from the program director/designee indicating that the adult family member’s participation in a mental health/substance abuse program prevents or limits participation in NHEP work program activities.

Family/Domestic Violence

A hardship extension may be granted to an assistance group 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 a person who is trained in domestic violence and develop an individualized service plan.

Required Verification: Completed Form 754C,TANF FVO Request, and submission of corroborative evidence that verifies the domestic violence claim. See FAM PART 323 for examples of corroborative evidence. If such evidence is not available, the client must indicate on Form 754C that a family is or has been a victim of family or domestic violence and loss of financial assistance due to the time limit would:

• Make it more difficult for the family to escape the family/domestic violence;

• Unfairly penalize the family who is or has been victimized by such violence; or

• Put the family at further risk of family/domestic violence.

See also FAM 323, FAMILY/DOMESTIC VIOLENCE OPTIONS.

Criteria Available Only to Certain NHEP Assistance Groups

In Compliance with NHEP Participation Requirements (Open NHEP AG’s Only)

A hardship extension may be granted to AG’s whose NHEP financial assistance is open at month 60 or during an extension if all AG members mandatory for participation in NHEP work activities are currently in compliance with NHEP work program requirements. All mandatory adults in the open NHEP assistance group must, at the time the extension is to begin:

• Be complying with his or her Employability Plan;

• Be participating in an approved NHEP activity;

• Not be sanctioned for failure to meet NHEP work program requirements; and

• Meet all eligibility requirements for NHEP financial assistance.

Required Verification: NHEP Employment Support Counselors will verify compliance as part of the hardship extension review process.

Working 30 hours a week (Available Only to AG’s Previously Closed Due to Time Limits and Now Reapplying for TANF)

TANF cases that have been closed either due to reaching the 60 month time limit or the end of a 6 month extension period may subsequently qualify for a hardship extension if the adult who has already received at least 60 months of TANF is working 30 or more hours a week in unsubsidized employment and the case is otherwise TANF eligible.

Required Verification: Documentation of the hours of employment, and, if requested by the case technician, proof that the wages are not subsidized.

Family Does Not Meet Any Specified Hardship Criteria (Available Only to AG’s Previously Closed Due to Time Limits and Now Reapplying for TANF)

TANF AG’s that have been closed either due to reaching the 60 month time limit or the end of an extension period and that do not meet any of the hardship criteria specified in this section may request an extension based on a unique hardship condition, and have the request reviewed, provided they were in compliance with all NHEP work program and TANF eligibility requirements when the previous eligibility ended. All adults in the pending assistance group also must:

• Not have voluntarily quit or refused suitable employment without good cause within 60 days of the request for an extension; and

• Currently meet all eligibility requirements for TANF.

Required Verification:

• A detailed explanation on Form 785 of the reason for the extension request;

• Appropriate verification, as determined by the Hardship Review Committee, of the circumstances being presented as constituting a hardship.

In addition,

• The ESC must provide a statement on Form 785 indicating that the adult case member was in compliance with NHEP work program requirements if the member was a mandatory or voluntary NHEP participant when the most recent period of eligibility ended due to time limit policy; and

• Case technicians must indicate on Form 785 that the applicant had not voluntarily quit or refused employment or been disqualified for intentional program violation.

Special Situation Hardship Criteria

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

• if New Hampshire Employment Security 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%; and

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

Required Verification: DFA 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.