SR 16-27 Dated 09/16

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION – Division of Family Assistance (DFA)

 

FROM OFFICE OF THE DIRECTOR, DFA:

Kerry Nelson for Terry R. Smith

DFA SIGNATURE DATE:

August 26, 2016

AT (OFFICE):

Division of Family Assistance (DFA)

TO:

District Office Supervisors

 

SUBJECT:

A Dependent Child’s Supplemental Security Income (SSI) Benefit Is Now Excluded in the Eligibility and Benefit Determination Process for Financial Assistance to Needy Families (FANF) Cash Assistance

EFFECTIVE DATE:

September 1, 2016

 

 

 

 

 

SUMMARY

 

This SR releases a change in the treatment of a dependent child’s Supplemental Security Income (SSI) benefit in the eligibility and benefit determination process for Financial Assistance to Needy Families (FANF) cash assistance. Effective September 1, 2016, a dependent child’s SSI benefit is now excluded during the FANF eligibility and benefit determination process. This policy change is in response to the Supreme Court of New Hampshire’s decision on August 2, 2016 in Carrie Hendrick & a. v. New Hampshire Department of Health and Human Services, to reverse DHHS’ rule at He-W 654.04(c) insofar that the rule included children’s SSI income in the eligibility and benefit determination process for FANF cash assistance.

 

FORMER POLICY

NEW POLICY

Unless a verified retroactive lump sum payment, SSI benefits were counted as unearned income in the FANF eligibility and benefit determination process.

SSI payments are counted as unearned income in the FANF cash eligibility and benefit determination process unless:

·         The payment is made to a dependent child, based upon the FANF definition of a dependent child; or

·         The payment is a verified retroactive lump sum SSI payment. [this policy remains unchanged]

 

POLICY

 

Effective September 1, 2016, Supplemental Security Income (SSI) payments made to dependent children, as defined in the Financial Assistance to Needy Families (FANF) program, are excluded in the eligibility and benefit determination process for FANF cash assistance.

 

Continue to include the needs of the child receiving SSI income in the FANF assistance group, and continue to count the child’s other income and resources.

 

NEW HEIGHTS & NH EASY SYSTEMS PROCEDURES AND IMPLEMENTATION

 

New HEIGHTS has been programmed to calculate FANF eligibility and benefits excluding the dependent child’s SSI income beginning September 1, 2016. A mass change to exclude this income for the approximately 16 open FANF cases in which a dependent child’s SSI income is currently being counted is scheduled for September 2, 2016. Those cases that are run through the mass change will receive the following special message on the notice of decision (NOD) generated:

 

Someone in your FANF case is a child receiving SSI income. We have been counting this income when determining your monthly FANF benefit amount. Due to a recent court finding, DHHS is now allowed to exclude your child’s SSI income. Your monthly FANF benefit has been updated. See the old and new budgets above.

 

POLICY MANUAL REVISIONS

 

Revised Family Assistance Manual Topics

 

Section 211.01                    Who Must Be Members

Section 211.11                    Who Is Not a Member

PART 511                           COMMON TYPES OF INCOME: DEEMED INCOME

PART 511                           COMMON TYPES OF INCOME: SUPPLEMENTAL SECURITY INCOME (SSI) BENEFITS

 

IMPLEMENTATION

 

The policy released in this SR is effective September 1, 2016.

 

CLIENT NOTIFICATION

 

Emergency rules to amend He-W 654.04 by inserting new paragraph (d) to exclude a dependent child’s SSI income from the FANF eligibility and benefit determination process was filed on September 1, 2016. Regular rules will be promulgated in the Fall and a public hearing on the change Is anticipated to be scheduled sometime in December.

 

A client mailing to the approximately 122 FANF cases that have been closed/denied in the past 6 months due to being over the FANF income limit, potentially due to counting a dependent child’s SSI income in the eligibility determination process, has been scheduled for September 1, 2016. The letter to notify the household of this change and request that the household reapply is attached for reference.

 

The following special message will appear on the NOD generated to the approximately 16 open FANF cases that will be run through a mass change on September 2, 2016 to exclude this income:

 

Someone in your FANF case is a child receiving SSI income. We have been counting this income when determining your monthly FANF benefit amount. Due to a recent court finding, DHHS is now allowed to exclude your child’s SSI income. Your monthly FANF benefit has been updated. See the old and new budgets above.

 

TRAINING

 

No special training is planned.

 

DISPOSITION

 

This SR may be destroyed or deleted after its contents have been noted 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 DFA 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 www.dhhs.nh.gov/DFA/publications.htm, effective October 3, 2016. Additionally, this SR, and printed pages with posting instructions, will be distributed under separate cover to all internal hard copy holders of the Family Assistance Manual.

 

DFA/JBV:s