Section He-C 6910.07 - Non-Financial Eligibility Requirements(a) To be eligible for child care scholarship, the child shall be a member of the assistance group for which the applicant is seeking child care scholarship.(b) Each child for whom child care scholarship is requested shall be: (1) A resident of the state of New Hampshire, except for children of migrant workers who qualify as homeless because they are living in circumstances described in He-C 6910.03(ag);(2) A United States (US) citizen or a non-citizen who meets the criteria for non-citizenship as described in He-C 6910.09(c)(2);(3) Less than 13 years of age, except when the child meets the criteria described in (d) below; and(4) Linked to only one enrolled provider.(c) A child who turns 13 years of age shall remain eligible until the next redetermination.(d) A child shall not be eligible for child care scholarship when the child turns 13 years of age within 30 calendar days of the child care application date.(e) A child aged 13 or over shall not be eligible for child care scholarship, except when the child, through the age of 17, is a child experiencing verified disability or significant special needs whose condition limits the child's ability to care for himself or herself, or he or she would cause harm to himself or herself or others without supervision as verified in accordance with He-C 6910.09(j)(3).(f) Each applicant requesting child care scholarship shall be engaged in one or more of the following: (1) Employment where an applicant shall be receiving any form of earned income or in-kind compensation for his or her work (2) Job search where an applicant is:a. In compliance with NHEP pursuant to He-W 637.05;b. Registered with the New Hampshire department of employment security job match system; orc. In compliance with New Hampshire's requirements for receipt of unemployment compensation benefits;(3) Participating in a training or education program which is preparatory to employment, including any internet training or education, subject to the limitations found in He-C 6910.13(c); (4) Participating in a basic educational activity as described in He-C 6910.13(e);(5) Participating in one or more approved NHEP activities indicated on an employability plan as described in He-W 637; or(6) A recipient of NHEP or FAP and be participating in: a. A mental health treatment program;b. A substance misuse treatment program; or(g) The job search in (f)(2) above, shall be authorized for up to 92 calendar days. If job search is the only activity the parent engages in prior to the end of the 92 calendar days, child care shall terminate.(h) Child care scholarship shall be available to parents participating in an approved employment related activity and seeking housing in the same week, who are without permanent housing as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11434a(2) (2011), subject to the verification requirements of He-C 6910.09(s).(i) To be eligible for child care scholarship when both parents reside with the child(ren), the following shall apply: (1) Both parents shall comply with (f) above; or(2) One parent shall comply with (f) above and the other shall qualify as a parent with a disability in accordance with He-C 6910.09(k).(j) Two adults residing in the same household regardless of marital status who share a common child shall be counted as one assistance group, along with all other children who have a biological, foster, step, or adoptive relationship with each other and either adult.(k) When an individual is employed solely as a license-exempt child care provider, his or her child(ren) shall not be eligible for child care scholarship.(l) An individual shall be eligible to receive child care scholarship for the care of his or her own children following the submission of verification required in He-C 6910.09(u) if: (1) The individual's employer is not a license-exempt child care provider;(2) The individual is providing care as a license-exempt child care provider in the child's home; and(3) The employer does not permit the individual to care for the individual's own children simultaneously with the employer's children.(m) A parent's authorized service level shall be based on the number of hours per week child care is needed as determined by: (1) The number of hours per week the parent is engaged in an approved employment related activity; and(2) The number of hours of commute time per week equal to no more than one hour each day multiplied by the number of days in a week that the parent(s) is engaged in an employment related activity.(n) For self-employed parents, the authorized service level shall be based on the number of hours per week child care is needed as determined by: (1) The number of hours the parent(s) reports for self-employment when the parent has been continuously self-employed for less than 2 years; or(2) Calculating self-employment when the individual has been continuously self-employed for 2 years or more, as follows: a. Dividing the monthly income reported in He-C 6910.06 by 4.33 and then dividing this amount by the federal minimum wage to establish the average number of hours of employment related activity per week; andb. The number of hours of commute time per week equal to one hour each day multiplied by the number of days in a week that the parent is in an approved employment related activity. (o) Authorization for the authorized service level shall be based on the calculation in (m) and (n) above and applied as follows: (1) For full time authorized service level, the number of hours shall be greater than 30 hours;(2) For half time authorized service level, the number of hours shall be greater than 15 and equal to or less than 30; or (3) For part time authorized service level, the number of hours shall be between one and 15 hours.(p) For 2 parent households eligible to receive child care scholarship, the authorized service level shall be calculated based on the lowest number of hours that either parent participates in an approved employment-related activity.(q) Child care scholarship shall not be paid for a child under the age of 72 months, or 6 years, when cared for in a license-exempt child care center program pursuant to RSA 170-E:2, XI-a. (r) A legal guardian and the legal guardian spouse shall be required to be engaged in at least one activity described in (f)(1)-(6) above.(s) An individual registered with a temporary employment agency shall be considered employed as long as the individual earns one payment within 10 calendar days of an employment assignment.N.H. Code Admin. R. He-C 6910.07
#7357, eff 9-1-00; ss and moved by #7723, eff 7-1-02 (from He-C 6910.06 ); (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12
Amended by Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12221, Effective 7/10/2017, 7/10/2027.Amended by Volume XL Number 27, Filed July 9, 2020, Proposed by #13063, Effective 7/1/2020, Expires 7/1/2030