245.07 Determining the 36 Month Clock and 3 Countable Months (FSM)

____________________________________________________________

36-Month Period

The 36-month period is a fixed period of time, not a rolling clock. It begins with the first month of eligibility for SNAP benefits.

•    Once started, the 36-month clock continues whether or not the individual receives SNAP benefits.

•    If an ABAWD is receiving benefits when the 36-month period ends, a new 36-month period begins the first month after the previous 36-month period ends.

Example: An ABAWD first receives SNAP benefits January 2020 and continues to receive SNAP benefits. The 36-month period begins January 2020 and ends December 31, 2023. The next 36-month period begins January 2024 since the ABAWD is continuing to receive SNAP benefits.

•    If an ABAWD is not receiving SNAP benefits when the 36-month period ends, a new 36-month period would not begin until the first month in which the ABAWD begins receiving SNAP benefits again.

Example: An ABAWD first receives SNAP benefits in January 2020. The ABAWD’s SNAP benefits close in April 2022. The ABAWD never reopens for SNAP. The 36-month period ends December 31, 2023. A new 36-month period does not begin because the ABAWD is not receiving SNAP benefits. A new 36-month clock will start when the ABAWD reopens for SNAP.

Countable Months

A non-exempt ABAWD individual who is not meeting ABAWD work requirements may receive SNAP benefits for only 3 countable months in the 36-month clock.

•       Review a non-exempt ABAWD individual’s in-state and out-of-state benefit, work, and training history for the current 36-month period to determine if the individual received benefits for 3 or more months during which the ABAWD was non-exempt and not meeting ABAWD work requirements. See Section 303.09 Out-of-State Recipient Moves into New Hampshire.

•       The 3 months do not need to be consecutive, but must be full calendar months. Do not count partial months of receipt when determining the 3-month limit. A countable month is one in which an ABAWD receives a full month’s benefits while non-exempt and not meeting ABAWD work requirements.

•       The 3-month period of SNAP receipt begins on the date the non-exempt ABAWD reports that they are no longer meeting ABAWD work requirements. Because the 10-day reporting requirement still applies, the begin date for the 3-month period must never be later than 10 days after the ABAWD individual fails to meet the work requirements.

•       Non-exempt individuals who receive SNAP benefits while not meeting ABAWD work requirements must be closed effective the end date of the 3rd month of receipt.

•       The 3 month limit is reset when an ABAWD enters a new 36 month period. This can result in an ABAWD having two back-to-back 3 month periods. For example, if an ABAWD’s 36 month period ends December 2023, and the ABAWD is meeting ABAWD requirements until October 2023, the ABAWD’s first 3 month period would begin October 2023 and a new 3 month period would begin on January 2024 because the ABAWD begins a new 36 month period.

References: He-W 701.01; RSA 161:2, XIII; RSA 161:4-a, IV; 7 CFR 273.24; 7 USC 2015(o)(2)