808.05 Exemptions from Participation in NHEP SR 06-12, 10/06 (FAM-A)

Certain individuals may be temporarily or permanently exempt from NHEP work requirements if they meet any of the conditions below.

An individual aged 16 to 60 who has been receiving cash assistance for less than 39 months is considered temporarily exempt from NHEP work requirements if the individual is:

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• a dependent child under age 16;

• a dependent child age 16 or older who is a full-time student (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;

• ill, injured, or incapacitated, or taking care of a relative or assistance group member who is ill, injured, or incapacitated. Individuals claiming a medical exemption for this reason are referred to the Division of Adult Learning and Rehabilitation (DALR) for further assessment for additional services; or

• a parent or caretaker relative-included who is responsible for the care of a dependent child under age 1, unless:

- the parent is under age 20 with no high school diploma or its equivalent. This individual must participate in basic education activities when their youngest child is 12 weeks old; or

- the parent has reached the lifetime limit for exemption from NHEP for having a child under age 1. The lifetime limit for this exemption is 12 months, and individuals reaching this limit must participate in the NHEP when their youngest child turns 12 weeks of age. *

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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:

- being ill, injured, or incapacitated, or having to take care of a relative or assistance group member who is ill, injured, or incapacitated; 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;

• individuals caring for a disabled relative, assistance group member, or spouse, who have had one hardship extension granted due to caring for the relative and the individual subsequently requests an extension for the same reason. The Hardship Extension Review Committee will review the request to determine if the family’s circumstances warrant a recommendation that it be permanently exempted from NHEP work requirements. If the Committee makes this recommendation, and the individual agrees, the case will be transferred to FAP. This FAP category will only be applied by the Hardship Committee to certain families requesting a hardship extension; 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.