303.11 Absence from New Hampshire: Temporary (FSM)

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A Food Stamp household may be temporarily absent from New Hampshire with no effect on benefits. * A temporary absence is when a household is out of the state but intends to retain NH residency and return to the state as soon as the reason for the absence is complete. Examples of acceptable reasons include visiting, vacationing, temporary hospitalization, and rehabilitation services.

A Food Stamp household may use its EBT Food Stamp card in any state and in Puerto Rico.

Recurring out-of-state EBT Card transactions, out-of-state home ownership or rental, or use of a PO Box, rural route address or general delivery address to receive mail are examples of factors that may raise questions about residency. Any one factor by itself is not proof that the individual is not a New Hampshire resident. If residency is questionable, evaluate information in the client’s electronic case file and information received about the client’s household circumstances or call the client, to consider the following:

• reason for the absence;

• duration and frequency of absence;

• where personal and household possessions are kept;

• where the individual votes or pays resident taxes;

• place of employment;

• future plans; and

• in general, all factors which would establish a place of residency.

A statement from the individual is sufficient to document their intent unless there is conflicting evidence. If after evaluation residency remains doubtful, mail AE0055, Proof Needed to Determine Your Assistance (or paper backup DFA Form 808, Proof Needed to Determine Your Assistance if New HEIGHTS is unavailable) to the client to request verification of residency. Enter an expected change in New HEIGHTS to check for verification in 10 days. If the individual does not respond within 10 days or provides insufficient information, deny or close the case.

Examples:

• An FSS is informed that Food Stamp recipient Sophia has used her EBT card outside of New Hampshire over the past several months. This prompts the FSS to evaluate other factors. The FSS researches Sophia’s electronic case notes and reads that Sophia lives in a town that borders Vermont and does her grocery shopping in Vermont before returning to her home in New Hampshire, which is permissible. Sophia’s out-of-state absences are temporary. There is no need for Sophia to verify residency based on this.

• An FSS is informed that Food Stamp recipient Chris has used his EBT card outside of New Hampshire consistently over the past several months. This prompts the FSS to evaluate other factors. The FSS reads in Chris’s electronic case file that Chris had mentioned six months earlier that he was thinking about moving out-of-state. The FSS calls Chris to ask if he moved out of New Hampshire. Chris denies moving, but does not provide a reason for the out-of-state EBT use. The FSS immediately mails Chris the New HEIGHTS-generated AE0055 to request verification of residency. Chris does not respond within 10 days. The FSS enters Chris’ failure to verify residency status, which terminates his Food Stamp benefits.

References: 7 CFR 273.2(f)(1)(vi), 7 CFR 273.3, 7 CFR 273.12(c)(3), 7 CFR 274.8(b)(10), 7 USC 2016(j)(1)(E) & (j)(2)