SR 97-43 Dated 12/97

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

SUMMARY

This SR revises Family Assistance Manual (FAM) and Adult Assistance Manual (AAM) Chapter 300, Nonfinancial Criteria, to incorporate alien eligibility policy released by SR 96-51, Release of Food Stamp Program Changes as a Result of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996..., and SR 97-28, Release of Revised Citizenship Criteria for TANF and Child Care Eligibility....

This SR also releases revised alien eligibility criteria for all categories and types of financial and medical assistance and food stamps as a result of the Balanced Budget Act of 1997. The Act amended Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) as follows:

 The group of qualified aliens who are eligible for assistance has been expanded to include Amerasians (children of Vietnamese women and United States soldiers), Cuban and Haitian entrants, certain members of Indian tribes (TANF AP/MA only), and alien children of a battered parent.

 The definition of military service as it relates to alien eligibility has been revised.

 The methodology for crediting work quarters to aliens has been revised and clarified.

This SR also corrects two errors in food stamp program deeming policy for aliens with sponsors:

 Policy released in SR 96-51, requiring 100% deeming of alien sponsor income for food stamp cases effective August 23, 1996, is being rescinded.

 Existing policy on deemed income from alien sponsors in the Food Stamp Program was not carried over from the Food Stamp Manual to the FAM when SR 94-4 released the FAM in April of 1994. This SR adds the omitted material to FAM Section 611.03. In addition, FAM Chapters 400, Resources, and 500, Income, have been revised to reflect the incorporation of this policy into FAM.

This SR obsoletes SR’s 96-51, 96-54, and 97-28, which have now been incorporated into the FAM, and releases corresponding Pen and Ink Changes to SR’s Inserted in Family Assistance Manual. SR 96-56, Food Stamp Eligibility Extension for Lawfully Admitted Resident Aliens, is also being obsoleted, because the extension provisions for alien eligibility in that SR ended August 22, 1997.

Form 752, Affidavit of Citizenship/Alien Status, and its instructions have been obsoleted. Completion of Form 752 is no longer required for any category of financial and/or medical assistance or food stamps, effective December 22, 1997.

Form DW 2670, Real Property Information, has been obsoleted. There are no forms instructions associated with this form. Due to an oversight, Form DW 2670 was not obsoleted with the release of SR 95-68 which released new Form 790a, Real Property Information.

BACKGROUND

Effective August 23, 1996, PRWORA mandated significant new restrictions on which classifications of legally-admitted aliens could be eligible for federal means-tested benefits, when such eligibility could begin, and, in some cases, the duration of eligibility available to aliens. New Hampshire released these initial changes to alien eligibility criteria for food stamps in SR 96-51, and for financial and medical assistance under Temporary Assistance to Needy Families (TANF) in SR 96-54. Subsequently, SR 97-28 (July, 1997), released clarified alien eligibility policy for TANF.

 SR 96-51 released policy restricting eligibility for food stamps to refugees, asylees, individuals whose deportation is withheld by a federal judge or INS, lawfully admitted aliens with 40 creditable SSA work quarters, or lawfully admitted aliens who are honorably discharged veterans or who still on active duty in the United States Armed Forces. SR 96-54 released similar policies for TANF and Medicaid.

 SR 97-28 revised citizenship and alien criteria in SR 96-54 for TANF eligibility, grouping aliens into 2 basic categories: qualified aliens with unrestricted eligibility and qualified aliens with time limited eligibility based on their date of entry into the United States.

Due to time constraints, it was not possible to release revised FAM/AAM Part 305, Citizenship, when SR 96- 51, SR 96-54, and SR 97-28 were released. Since the release of those SR’s, the Balanced Budget Act of 1997, signed August 5, 1997, expanded the list of qualified aliens with unrestricted eligibility and qualified aliens with time limited eligibility and revised other eligibility criteria.

POLICY

This section of the SR explains how the Balanced Budget Act of 1997 amended the alien eligibility provisions for TANF, Medicaid, and Food Stamps released by SR’s 96-51 and 97-28. In addition, this section releases revised alien eligibility policy for the adult categories of assistance, and describes the policy for deeming of alien sponsor income and resources in the Food Stamp Program that appeared in the Food Stamp Manual but was not transferred to the FAM.

Revised Alien Eligibility Criteria

Revised Definition of Qualified Aliens (All Programs)

This section explains how the definition of "qualified alien" has been expanded and also summarizes how eligibility is affected based on category of assistance or date of entry into the U.S. Please refer to revised FAM and AAM Parts 305 released by this SR for a complete listing of qualified aliens and eligibility criteria, including time-related limitations, for each category of assistance. In addition, easy reference charts summarizing alien eligibility policies for all programs are included with this SR.

All policies defining alien eligibility apply to financial and/or medical assistance under the New Hampshire Employment Program (NHEP), the Family Assistance Program (FAP), all NHEP or FAP-related Medicaid, such as Poverty Level programs, all adult categories of financial and/or medical assistance, and food stamps, unless otherwise noted.

To be eligible for assistance, an alien must first be a "qualified alien." The group of "qualified aliens" who are potentially eligible for assistance has been expanded to include:

 Amerasian immigrants under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988 (usually the children of Vietnamese women and Americans present in Vietnam during the Vietnam War era).

Eligibility Summary

 Financial or Medical Assistance - eligible without time limitation

 Food Stamps - eligible for first 5 years in the U.S. only

 Cuban or Haitian entrants under section 501(e) of the Refugee Education Assistance Act.

Eligibility Summary

 Financial or Medical Assistance - eligible without time limitation

 Food Stamps - eligible for first 5 years in the U.S. only

 Members of an Indian Tribe, including American Indians born in Canada who are of at least 50% American Indian blood.

Eligibility Summary

 Financial or Medical Assistance - eligible without time limitation

 Food Stamps - no special eligibility for this group

 Aliens who are or have been battered or subjected to extreme cruelty, while residing in the U.S., by that person’s spouse, or by another member of the spouse’s family residing in the same household as the parent, and the spouse acquiesced or consented to such battery or cruelty; or the alien child of a battered parent.

Eligibility Summary

 Financial or Medical Assistance - eligible without time limitation if residing in the US on or before 8/22/96, or ineligible for 5 years from date of entry when date of entry is on or after 8/23/96;

 Food Stamps - no special eligibility for this group.

Revised Definition of "Military Service" as an Eligibility Criterion

The definition of "military service" as it relates to qualified alien status has been revised to require fulfillment of an active duty commitment for veterans, and expanded to include certain Filipino veterans and the unremarried spouses of a deceased veteran or person on active duty. Veteran or individual active in military service now includes:

 Aliens on active military duty in the Armed Forces of the U.S. and honorably discharged veterans who have met the minimum active duty commitment (24 months or the time period for which they were called to active duty), their spouses or unremarried surviving spouses (if the individual is deceased), and unmarried dependent children under 18 years of age;

Exception: For food stamps only, include adult disabled children who became disabled prior to age 18 and who continue to reside with the parent as a dependent; and

 Philippine nationals who served in the Philippine Commonwealth Army during WWII or as Philippine Scouts following WWII.

Revised Methodology for Crediting Work Quarters

The Balanced Budget Act of 1997 clarified that SSA quarters of work earned by a parent prior to a child’s birth or adoption may be credited to an alien child under age 18. Now, when determining eligibility based on SSA work quarters, credit an alien with those SSA covered work quarters earned by the:

 Individual;

 Individual’s spouse during their marriage, if they are legally married at the time of application, or if the spouse is deceased; and

 Individual’s natural, adoptive, or step-parents, including quarters earned prior to the individual’s birth or adoption, while the child is under 18 years of age.

Exception: Quarters earned by a stepparent may only be credited to a child during the time the child is actually residing with the stepparent.

Exception: Do not count any quarters of work earned by an individual, parent or spouse after December 31, 1996 during which the individual, parent or spouse received any category of financial or medical assistance, food stamps, or SSI at any time during the quarter.

Deeming of Alien Sponsor Income and Resources

Rescinding of Sponsor Deeming Policy Released in SR 96-51

SR 96-51 released policy, effective August 23, 1996, that required 100% deeming of the income (treated as unearned income) and resources of a sponsor and the sponsor’s spouse as available to the alien when determining eligibility for food stamp benefits. This policy should not have been released prior to promulgation of federal regulations, and is being rescinded retroactive to August 23, 1996.

Release of Alien Sponsor Deeming Policy for Food Stamps

The alien sponsor deeming policy for food stamps, summarized below, appeared in the Food Stamp Manual but was inadvertently omitted from FAM. It is now being released by this SR and has been included in revised FAM 409, 511, and 611.03.

Note: Sponsor refers to individuals only.

 Deem a portion of the countable income and liquid resources (e.g., bank accounts, stocks, bonds) of an alien’s sponsor, and the sponsor’s spouse, to the alien, for 3 years after the alien enters the U.S., in the following manner:

 Reduce sponsor gross earned income by the food stamp 20% earned income disregard and add the remaining income to any gross unearned income; and

 Subtract the food stamp monthly gross income limit for a household equal in size to the sponsor, sponsor’s spouse, and any other person who is, or could be, claimed as a dependent by the sponsor or sponsor’s spouse for federal income tax purposes.

 Count the resultant deemed income of the sponsor and the sponsor’s spouse to be available to the alien and treat as unearned income.

 Resources deemed to the alien include the total countable resources of the sponsor and sponsor’s spouse, as if they were applying for food stamps, less $1500.

 Deem the income and resources of a sponsor and sponsor’s spouse to the alien:

- Even if the sponsors’ marriage occurred after the affidavit of support was executed;

- Regardless of whether income and resources are actually available to the alien; and

- Even if the alien loses their sponsor due to any reason other than death and does not

obtain a new sponsor.

 If the alien obtains a new sponsor, deem the income and resources of the new sponsor, and, if applicable, sponsor’s spouse.

FORMS OBSOLESCENCES

 This SR obsoletes Form 752, Affidavit of Citizenship/Alien Status, and its instructions. This form is no longer required for any category of financial and/or medical assistance or food stamps.

 Due to an oversight, Form DW 2670 , Real Property Information, was not obsoleted with the release of SR 95-68 which released new Form 790a, Real Property Information. This SR officially obsoletes Form DW 2670.

IMPLEMENTATION

Alien Sponsor Deeming --Food Stamp Program

 Any currently open food stamp cases to which alien sponsor income or resources were incorrectly deemed due to the absence of correct policy in the FAM must be reviewed and the correct deeming policy applied to the case at the next recertification of eligibility.

 If the District Office becomes aware of cases in which alien sponsor income or resources were deemed 100% per SR 96-51, case income and resources must be recalculated using the corrected food stamp deeming policy released in this SR. If appropriate, benefits must be restored back to the date of the original deeming or August 23, 1996, whichever is later.

Revised Alien Eligibility Criteria

Per federal mandate, all policies related to alien eligibility, including the expanded definitions of "qualified alien" and "military service" and crediting of SSA work quarters, must be applied retroactively to August 23, 1996, the enactment date of PRWORA.

 Restore eligibility and benefits whenever District Offices become aware of any aliens whose applications were denied or whose benefits were reduced or terminated based on previous qualified alien policy or crediting of SSA work quarters methodology.

 Aliens whose eligibility is based on military service criteria must have their eligibility reviewed based on the new definition released in this SR no later than the next redetermination of eligibility.

CLIENT NOTIFICATION

District Offices must advise clients of the revised policies on an individual, as needed basis.

TRAINING

No training is planned. Questions may be directed to the Supervisor, DTA Policy Unit, at State Office.

EASY REFERENCE CHARTS FOR DETERMINING ALIEN ELIGIBILITY

Alien eligibility charts for NHEP/FAP, Food Stamps, and Adult Assistance programs are provided at the end of this SR for District Office use. Since these charts are not contained in either the FAM or AAM, District Offices may want to retain these charts as reference tools.

PEN AND INK CHANGES

Enter 12/22/97 as the obsolete date for the following SR’s which are listed in SR’s Inserted in Family Assistance Manual: SR 96-51, Release of Food Stamp Program Changes as a Result of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996...; SR 96-54, Release of Federally Mandated Changes to AFDC Financial Assistance...; SR 96-56, Food Stamp Eligibility Extension for Lawfully Admitted Resident Aliens; and SR 97-28, Release of Revised Citizenship Criteria for TANF and Child Care Eligibility.

DISPOSITION

This SR may be destroyed when its contents have been noted and its posting instructions carried out. SR’s 96-51, 96-54, 96-56 and 97-28 which are retained in the Family Assistance Manual may be removed and destroyed.

DISTRIBUTION

This SR only will be distributed according to the narrative distribution lists for the FAM and the Forms Manual. The SR and pages will be distributed to all holders of the Family Assistance and Forms Manuals.

DTA/SJC:s

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CERTIFICATE OF DESTRUCTION

I hereby certify that all copies of Form 752, SR 92-59/October 1992 and Form DW 2760, March 1971 have been destroyed.

Office Manager:    District Office/NHEP Site