SR 24-29 Dated 10/24

STATE OF NEW HAMPSHIRE

DEPARTMENT OF HEALTH & HUMAN SERVICES - Bureau of family assistance (bfa)

INTER-DEPARTMENT COMMUNICATION

SUMMARY

This Supervisory Release (SR) releases a new policy in relation to Financial Assistance to Needy Families (FANF) financial assistance, State Supplemental Program (SSP) financial assistance, Supplemental Nutrition Assistance Program (SNAP), and Child Care Scholarship for Compact of Free Association (COFA) Migrants.

BACKGROUND

On March 9, 2024, President Biden signed the Consolidated Appropriations Act of 2024, Public Law 118-42. The law included a provision titled “Compact Impact Fairness”, which revised the eligibility of citizens of freely associated states (i.e., the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau) lawfully residing in the United States in accordance with the Compacts of Free Association (COFA) for certain federal benefits, including FANF, SSP, SNAP, and Child Care.

The change in law classifies COFA migrants as “qualified aliens” pursuant to 8 U.S.C. 1612, which exempts COFA citizens from the restriction on receiving assistance until they have lived in the Country for five years. 

POLICY

COFA Migrants who reside lawfully in the United States are eligible to receive FANF financial assistance, SSP financial assistance, SNAP, and Child Care, as “qualified non-citizens without restrictions”, and no longer must meet the five-year waiting period, as long as all other program requirements are met.

NEW HEIGHTS & NH EASY SYSTEMS PROCEDURES

The following changes will be made to New Heights for December 2024:

·        Updates to the details tab on the Alien screen to include a drop-down under “Alien Status” for COFA Citizens that is labeled “COFA Citizen”

·        The “Country” field on the details tab of the Alien screen will need to be completed with one of the COFA Countries, Federated States of Micronesia, Republic of the Marshall Islands, or the Republic of Palau. This field will identify these cases and drive the eligibility.

·        FANF financial assistance, SSP financial assistance, SNAP, and Child Care eligibility have been modified to have the five-year bar rule exempted when the applicants are COFA Migrants, and the worker selects the “COFA Citizen” drop-down and the “Country” field.

DESCRIPTION OF REVISIONS MADE TO FORMS

There are no forms associated with this policy.

POLICY MANUAL REVISIONS

Food Stamp Manual Topics

305.09    Determining Qualified Alien Status

305.13    Qualified Aliens Without Restrictions

305.16    General Guide to Alien Eligibility Status in the Food Stamp Program

Adult Assistance Manual Topics

305.07    Determining Qualified Alien Status

305.11    Qualified Aliens Eligible Without Restrictions

Family Assistance Manual Topics

305.09    Determining Qualified Alien Status

305.13    Qualified Aliens Eligible Without Restrictions

IMPLEMENTATION

This policy took effect on March 9, 2024. A report was generated to oversee cases involving COFA migrants, ensuring they were managed correctly—this includes cases that were denied, opened, or closed as of March 9, 2024, to present. This report was maintained until the release of this SR.

Until HEIGHTS is updated, staff must contact their supervisors regarding any COFA migrant cases they encounter. Supervisors will then coordinate with the Policy Development Unit to verify the case is running correctly before confirming the case.

CLIENT NOTIFICATION

No special client notification is planned or needed.

TRAINING

No special training is planned or needed.

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 Online Manuals.

DISTRIBUTION

This SR will be distributed according to the electronic distribution list for BFA policy releases. This SR, and revised Online Manuals, will be available for agency staff in the Online Manual Library, and for public access on the Internet at https://www.dhhs.nh.gov/sr_htm/sr.htm, effective December 01, 2024.  

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