245.07 Determining the 36 Month and 3 Month Periods of Eligibility SR 16-13, 10/16 (FSM-A)

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 Food Stamp benefits.

•       The 36-month "count" continues whether or not the individual receives Food Stamp benefits.

•       A new 36-month period begins the month after the previous 36-month period ends.

Example: An able bodied adult without dependents (ABAWD) first receives Food Stamp benefits January 2013. The 36-month period begins January 2013 and ends December 31, 2015. The next 36-month period begins January 2016.

3-Month Period

The 3-month period is the number of months a non-exempt ABAWD individual may receive Food Stamp benefits while not fulfilling ABAWD work requirements.

•       Review a non-exempt ABAWD individual’s in-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 fulfilling ABAWD work requirements.

•       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 Food Stamp receipt begins on the date the non-exempt ABAWD reports that he or she is no longer satisfying 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 Food Stamp benefits while not satisfying ABAWD work requirements must be closed effective the end date of the 3rd month of receipt.

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