SR 01-03 Dated 07/01

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

SUMMARY

This SR releases the following changes to the Temporary Assistance to Needy Families (TANF) New Hampshire Employment Program (NHEP):

Beginning at month 40 of NHEP financial assistance, all NHEP applicants and recipients will be mandatory for NHEP work activities, unless the individual is unable to participate in the NHEP work activity requirements due to:

·   a medical exemption; or

·   having a child under 12 weeks of age in the assistance group.

In addition, NHEP work program policy was clarified to state that an approved home education program may fulfill a minor child’s NHEP basic education participation requirements when the applicant or recipient provides the documentation specified in the Policy Clarification section of this SR. Unrelated technical corrections to FAM Chapter 800 are also included in this SR.

Family Assistance Manual (FAM) Chapter 200 and 800 and Form 221, The New Hampshire Employment Program (NHEP), were revised to incorporate new policy, the policy clarification, and unrelated technical corrections.

BACKGROUND

The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 instituted a maximum lifetime limit of 60 months of receipt of TANF financial assistance. Although states were given the option to implement shorter lifetime limits, New Hampshire chose the maximum allowable limit of 60 months.

For recipients to achieve economic independence before their TANF lifetime limit is attained, it is crucial that each recipient take advantage of the NHEP activities that can include job readiness programs, education, skills training or work experience placement, and the related support services. In order to make sure that all families receiving TANF have been given every opportunity to take advantage of the NHEP programs and services that will assist them in their transition to self-sufficiency, New Hampshire has implemented several policies that have focused on individuals who have been receiving assistance for prolonged periods of time.

The policy released by this SR is the result of input from the DFA District Office and NHEP field staff who indicated that recipients often need a substantial amount of time to prepare for economic independence from TANF. Additionally, information from other agencies and community groups indicated that many NHEP financial assistance recipients who are exempt from participation in the NHEP are not aware of, or did not take advantage of, the many activities and services available to help them on their road to self-sufficiency. The changes in the NHEP program that begin on July 1, 2001 are being made to provide families with the comprehensive support they need to begin their preparations for a life of economic self-sufficiency.

POLICY

Revised Family Assistance Manual Topics

Section 207.07 Dependent Children Who Are Students

Part 803 NOTIFICATIONS AT APPLICATION

Part 805 NOTIFICATIONS AT REDETERMINATION

Section 808.05 Exemptions from Participation in NHEP

Section 808.07 Verification of Exemptions

Section 808.27 Hourly Participation Requirements

Section 808.33 Conciliation Process

Section 808.35 Sanctions for Failure or Refusal to Cooperate with NHEP Work Program Participation Requirements

Section 808.39 NHEP Activities: Basic Education

Change in Work Participation Status for NHEP Applicants or Recipients Entering the 40th Month of TANF Financial Assistance Receipt

In order to engage individuals in NHEP services, those individuals who have been receiving NHEP assistance for some time will have a change in their work participation status. Beginning at month 40 of NHEP financial assistance receipt, all NHEP applicants and recipients will be mandatory for NHEP work activities, unless the individual who has received 39 or more months of NHEP financial assistance is unable to participate in NHEP work activity requirements 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

·   having a child under 12 weeks of age in the assistance group.

The following groups of NHEP financial assistance recipients will have their work participation status changed to mandatory if they have acquired more than 39 months of TANF financial assistance on or after July 1, 2001:

·   pregnant women in their 2nd and 3rd trimesters;

·   single-parent recipients who conceived on assistance and the child conceived on assistance is over 12 weeks old and under 1 year old; and

·   single-parent recipients who did not conceive while on assistance but have children over 12 weeks old and under 2 years.

The newly mandatory individuals may have special hourly participation requirements based on their individual family structure (see Tables below). However, participation requirements for this group will focus on specific NHEP program services and activities. While the needs of every individual differ, it is hoped that the activities listed below address the needs of individuals who may not be appropriate to enter employment at the current time. State office will closely monitor the activities these newly mandatory individuals enter. The specific activities include but are not limited to:

·   basic education;

·   job readiness services which include the LEAP program, Step by Step, and the PREP program; and

·   barrier resolution services.

NHEP Hourly Work Participation Requirements

An individual receiving NHEP financial assistance must meet specific hourly NHEP work participation requirements, unless exempt from participation in NHEP work program activities. In months 1 through 39, an individual’s hourly NHEP requirement is the following:

Once an individual enters their 40th month of NHEP financial assistance, the NHEP hourly work participation requirements may change to the following, depending upon the individual’s family structure:

* The focus of the 20-hour maximum weekly requirement for single-parent or pregnant applicants and recipients who have acquired 39 or more months of NHEP financial assistance receipt and have a child between the ages of 12 weeks and one year of age, will be job readiness activities or other NHEP activities as indicated above and specified in the individual’s employability plan.

Although it is expected that very few teen parent cases will accumulate 40 months of assistance, teen parents, age 18-20, who accumulate 40 months of NHEP financial assistance receipt and do not have a high school education or equivalent, will be mandatory only for basic education activities when their youngest child turns 12 weeks. If the teen parent who has accumulated 40 months of NHEP financial assistance receipt already has a high school diploma or GED, the individual will be required to participate in the NHEP program and related activities, as specified in their employability plan, when their youngest child is 12 weeks old.

Note: Some individuals who will experience a change in their work participation status due to this policy may also be close to their lifetime limit on the receipt of TANF assistance. Individuals may already have scheduled, or have already participated in their Review Interview for a hardship extension.

FAM 803, NOTIFICATIONS AT APPLICATION, FAM 808.05, Exemptions from Participation in NHEP, FAM 808.07, Verification of Exemptions, and FAM 808.27, Hourly Participation Requirements, were revised accordingly. Text specifying the age limits of children as a guideline for hourly participation requirements for 2-parent families was removed from the tables in FAM 808.27, since the age of the youngest assistance group member in a 2-parent family does not alter the family’s NHEP hourly participation requirements. The minimum participation requirement in a 2-parent family is a shared requirement and may be met through the participation of either or both parents. Removal of this text was inadvertently overlooked when revisions to 2-parent participation in NHEP associated with SR 00-08 dated February 2000, were completed.

Special Pre-Conciliation Procedures for NHEP Participants Who Are Newly Mandatory Due to Having Received 39 or More Months of TANF Financial Assistance, When Compliance Cannot Be Determined

It is extremely important that newly mandatory cases be handled in as positive and encouraging a manner as possible. District Office staff and NHEP team members must make every reasonable accommodation and provide special considerations when contacting and working with newly mandatory individuals who may be pregnant and/or have children between 12 weeks and 2 years of age. All reasonable efforts, including personal phone calls from staff and partner agencies, must be made to contact the newly mandatory recipient and assist the individual in participating in NHEP activities and in accessing the related support services.

Note: Securing childcare for very young children may be a significant challenge for many individuals affected by this policy. DFA state office staff met with representatives from the Community Action Agencies where Head Start and Early Head Start Programs are offered (see attachment). The Head Start Program serves children ages 3-5; parents participate for up to 25 hours a week. The Early Head Start Program serves pregnant women and children ages 0-3. A primary goal of the Head Start/Early Head Start program is to involve the parent in the day-to-day activities of the classroom offering them interactive parenting skills. There are volunteer opportunities currently available within these programs, and, as an approved NHEP AWEP activity, the client can volunteer, similar to parents currently involved in Head Start/Early Head Start, and have their volunteer hours counted towards their NHEP hourly participation requirements. However, the Early Head Start program sites are only located in Laconia, Rochester, and Manchester, and may have limited accessibility during the summer months. Manchester, however, is operating a full year program and all programs are enrolling for this upcoming fall. For additional program and referral information, please contact Lynn Winterfield directly (271-4257).

Additionally, the Child Care Resources and Referral Network (see attachment) is under contract with the DHHS Bureau of Child Development and provides:

·   lists of local child care and school age programs;

·   tip sheets on evaluating and selecting quality child care; and

·   information on financial assistance and subsidies.

However, should NHEP or District Office staff be unable to engage and/or maintain an individual’s compliance with NHEP participation requirements, do not proceed with the formal conciliation and sanctioning process (see FAM 808.33, Conciliation Process, and 808.35, Sanctions for Failure or Refusal to Cooperate with NHEP Work Program Participation Requirements). Instead, the following pre-conciliation procedures must be followed:

·   Do not send the non-compliance letter, WP0012, if, within a reasonable timeframe, the best efforts put forth by NHEP team members, District Office staff, and/or NHEP Partner Agency staff to contact the individual, including sending additional letters and attempting to contact by phone, fail. Instead, staff must provide the following information in writing to Lynn Winterfield, Acting TANF Administrator at State Office:

-   the recipient’s name;

-   the recipient’s RID number; and

-   a detailed summary of attempts to reach and work with the client.

·   State Office staff will review the information provided and may contact the individual by telephone or mail. State Office will instruct the individual to call the DFA toll-free telephone number (1-800-852-3345, extension 4257) and leave a voice mail message indicating the best time for State Office to call back.

·   Within 2 weeks of receipt of the case information specified above, the TANF Administrator will issue a written summary of all State Office activities and a recommendation whether or not to proceed with the formal conciliation process to the NHEP team, District Office case technician, and the individual.

Form Revisions

Form 221, The New Hampshire Employment Program (NHEP), was revised to indicate that participation in NHEP work program activities is now mandatory for most individuals entering their 40th month of NHEP financial assistance receipt.

Systems Procedures and Implementation

On the evening of June 29, 2001, during the daily mass change, New HEIGHTS will redetermine the work participation status of any open NHEP financial assistance case that has an exempt/voluntary individual who has received 39 or more months of TANF financial assistance. The work participation status of the individual will automatically change from exempt/voluntary to mandatory, effective July 1, 2001, unless the person is currently exempt due to disability, caring for a disabled person, or the youngest child in the case is under 12 weeks.

For NHEP financial assistance cases with an exempt/voluntary individual who acquires 40 months of TANF financial assistance receipt subsequent to the July 1, 2001 mass change, the case technician will need to rerun SFU and EDBC at the next case action or redetermination, whichever is sooner, to trigger the change in the individual’s work participation status to mandatory.

Note: New HEIGHTS is currently exploring programming changes to fully automate this process. When changes are made, District Offices and NHEP Teams will be advised by New HEIGHTS under separate cover.

Individuals who become pregnant after acquiring 39 or more months of financial assistance will be expected to participate in NHEP work activities throughout their gestation period, per current policy on NHEP hourly requirements and as outlined in the Table entitled "Individuals with 40 months OR MORE on assistance," unless otherwise exempted.

Notices

For individuals who experience a change in work participation status during the June 29, 2001 mass change, HEIGHTS will:

·   generate the 10-day Form AE0069, NHEP Referral Letter; and

·   automatically refer the individual to NHEP as a mandatory participant.

For exempt individuals who acquire 40 months of NHEP financial assistance receipt after the July mass change, case technicians will need to rerun SFU and EDBC at the next case action to trigger the change in the work participation status to a status of mandatory and:

·   issue the 10 day AE0069, NHEP Referral Letter, if the contact is made by phone or mail; or

·   issue the 3-day AE0069, NHEP Referral Letter, if the contact is made face-to-face.

New HEIGHTS will then automatically refer the individual to NHEP as a mandatory participant.

Post-Mass Change Reports

The reports described below will be produced as a result of the Mass Change. These reports will be available on CADocView shortly after July 1, 2001.

NMC540RA: AG’s Affected by Mass Change

This report lists all cases upon which the Mass Change ran successfully through confirmation. It contains the following information: D.O., Worker Name, Client Name, and Case Number.

NMC550RA: Mass Change Exception Report

This report lists cases that were selected for the Mass Change, but were not confirmed due to some discrepancy in data. These cases require further District Office action. It contains the following information: D.O., Worker Name, Client Name, Case Number, Reason for Exception, and Mass Change Type.

POLICY CLARIFICATION

NHEP Educational Requirements for Children Participating in Home Education Programs

For children age 16 and older, an approved home education program may fulfill NHEP basic education participation requirements when the applicant or recipient provides the following documentation:

·   curriculum or lesson plans;

·   tests, grades, or progress reports;

·   proof of payment; or

·   any documentation that reasonably establishes the individual’s on-going participation and progress in the home education program.

Note: Although an approved home education program may fulfill NHEP basic education participation requirements for a minor child, parental participation in an approved home education program does not meet the parents’ NHEP work participation requirements and is not an allowable NHEP work activity.

FAM 207.07, Dependent Children Who Are Students, and FAM 808.39, NHEP Activities: Basic Education, were revised accordingly.

UNRELATED TECHNICAL CORRECTIONS

1. FAM 803, NOTIFICATIONS AT APPLICATION, and FAM 805, NOTIFICATIONS AT REDETERMINATION, were revised to include 60-month lifetime limit policy as released by SR 01-11, dated 4/01. At applications and redeterminations, applicants and recipients must be notified of the following:

·   the automatic exemption from the 60-month limit for assistance groups receiving Family Assistance Program (FAP) financial assistance, for as long as the family continues to meet FAP eligibility criteria;

·   the time-limited, temporary "extensions" provided to cases receiving NHEP financial assistance and experiencing one of the hardship extension criteria listed in FAM 134, HARDSHIP EXTENSIONS TO THE TANF 60 MONTH LIFETIME LIMIT; and

·   how eligibility for all other assistance programs, including Medicaid and Food Stamps, is not connected to the TANF 60 month lifetime limit.

This information was inadvertently omitted when revisions to FAM 800 associated with SR 01-11 were released.

2. Technical corrections were made to FAM 808.07, Verification of Exemptions. In the paragraph entitled Child Conceived While on Assistance and "Rebuttable Presumption," a typographical error was corrected and the age limit of the youngest child for an NHEP exemption was changed from age 3 to age 2.

/xChange in NHEP Work Participation Status at Month 40

The change in work participation status at month 40 is effective July 1, 2001 for all applicants and recipients who have received 39 or more months of NHEP financial assistance as of July 1, and at the next case action or redetermination, whichever is earlier, for applicants and recipients who accumulate 40 months of NHEP financial assistance receipt after July 1, 2001.

Approved Home Education Programs

As of July 1, 2001, minor children may fulfill NHEP basic education participation requirements through participation in an approved home education program.

Form 221

District Offices and NHEP Teams may use the current version of Form 221 until stocks are depleted. At that time, the revised version released by this SR may be ordered through the normal methods.

CLIENT NOTIFICATION

A one-time client letter, attached to the SR for reference, was mailed the week of June 18th to all NHEP financial assistance caseheads. The letter notified the caseheads of the new policy regarding work participation status at month 40 of NHEP financial assistance receipt. Additionally, as stated above, NHEP Team Members must make every reasonable effort, including making personal phone calls, to contact the newly mandatory recipient who may be pregnant and/or have children between 12 weeks and 1 year of age, and assist the individual in participating in NHEP activities and in accessing the related support services.

Clients will be advised that minor children may fulfill NHEP basic education participation requirements through participation in an approved home education program on an as needed basis or when information about the subject is requested.

TRAINING

NHEP Teams and DFA District Office Supervisors were provided with information on the new work participation policy released by this SR during a regional DFA training addressing several upcoming policy changes conducted on November 30 and December 1, 2000.

POSTING INSTRUCTIONS

DISPOSITION

This SR may be deleted or destroyed once its contents have been noted, its posting instructions carried out, and the revised manual topics released by this SR have been posted to the On-Line Manuals.

DISTRIBUTION

This SR will be distributed according to the electronic distribution list for Division of Family Assistance policy releases. This SR, and revised On-Line Manuals, will be available for agency staff in the On-Line Manual Library, and for public access on the Internet at http://www.dhhs.state.nh.us/PMIndex.htm, effective August 1, 2001.

This SR, and printed pages with posting instructions, will be distributed under separate cover to all hard copy holders of the Family Assistance and Forms Manuals.

DFA/JBV:s