808.05 Exemptions from Participation in NHEP SR 01-03, 07/01 (FAM-A) |
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Certain individuals may be temporarily or permanently exempt from NHEP work requirements if they meet any of the conditions below.
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The following individuals are considered temporarily exempt from NHEP work requirements:
• an individual who is unable to participate in program requirements due to temporary or long term illness, injury or incapacity as certified by a licensed physician or board certified psychologist;
• women who are at least 4 months pregnant;
• dependent children under age 16;
• dependent children age 16 or older who are full-time students (as defined by the institution) in a recognized elementary or high school or vocational/ technical school or its equivalent, such as an approved home education program;
• a parent or caretaker relative included who is required to be in the home to care for another relative or assistance group member who resides in the same household due to that member’s illness or incapacity or disability and there is no other household member to provide care, and required care is considered necessary by a licensed physician or board certified psychologist;
• parents or caretaker relatives-included who are responsible for the care of a dependent child under age 2, with the following exceptions:
- parents under age 18 with no high school diploma or its equivalent must participate in basic education activities when the child is 12 weeks old;
- parents age 18 through 20 with no high school diploma or its equivalent must participate in basic education activities when the child is 6 months old; or
- biological parents who received *TANF financial assistance in New Hampshire as an adult for the payroll period that includes the 289th day before their youngest child’s date of birth must participate in NHEP work program activities when the child turns 1, unless the child was conceived as a result of incest or rape or the parent is otherwise exempt.
Temporary exemptions remain in effect until:
• the next redetermination of NHEP eligibility;
• the individual notifies the department that the condition qualifying for the exemption no longer exists; or
• the department discovers that the individual no longer qualifies for the exemption.
Exception: Temporary exemptions are not available to:
• two parent families (see FAM 808.37, Participation Requirements for 2 Parent Families), since the minimum NHEP work program participation requirement is a shared requirement and may be met through the participation of either or both parents; or
• individuals who have received TANF financial assistance for 39 or more months unless the individual who has received 39 or more months of TANF financial assistance is unable to participate in NHEP work program activities due to:
- temporary or long term illness, injury, or incapacity as certified by a licensed physician or board certified psychologist,
- needing to provide care for a relative or other assistance group member residing in the same household because that member is ill, incapacitated, or disabled and such care is deemed necessary by a licensed physician or board certified psychologist; or
- the youngest child in the assistance group is under 12 weeks of age.
The following individuals are considered permanently exempt from NHEP work requirements:
• parents or caretaker relatives-included who are age 60 or older;
• parents or caretaker relatives-included who receive one or more of the following benefits:
- Supplemental security income (SSI);
- Social Security disability insurance (SSDI);
- Veteran’s Administration disability rating of 80% or more; or
- Aid to the Permanently and Totally Disabled (APTD), Aid to the Needy Blind (ANB), or Old Age Assistance (OAA) financial or medical assistance;
• dependent children age 16 or older who are not full time students and who have a documented permanent and total disability as verified by a licensed physician or board certified psychologist; or
• parents or caretaker relatives for whom a determination has been made by the NHEP team that the individual has long term obstacles to employment resulting in an inability to participate in employment or in activities leading to employment, subject to the following:
- the individual has participated in and complied with all NHEP requirements or has been unable to comply with good cause;
- the NHEP team has completed case management activities with the individual for at least one year;
- during the one year specified above, all reasonable efforts to assist the individual in becoming employable have been made by providing case management services and access to all NHEP employment-related activities for which the individual may qualify;
- the individual indicates agreement with the NHEP representative’s decision by signing Form NHEP230, Family Assistance Program Transfer Agreement; and
- a case conference attended by local NHEP team members, the Employment Security manager, District Office Supervisor, and Profile Team members has reviewed documentation related to the circumstances and has approved the transfer.
Permanent exemptions are not re-evaluated:
• as long as the parent or caretaker relative-included continues to receive the financial assistance benefits listed above; or
• until the individual notifies the department that his/her circumstances have changed, or the department discovers that circumstances have changed, whichever occurs first.