N.H. Admin. Code § He-W 654.03

Current through Register No. 48, November 27, 2024

Section He-W 654.03 - Lump Sum Income - Financial Assistance to Needy Families (FANF)

(a) For FANF financial assistance, lump sum income shall include, but not be limited to, non-recurring countable earned or unearned lump sum payments such as the following:

(1) Retroactive earned income;

(2) Retroactive lump sum social security benefits;

(3) Retroactive lump sum railroad retirement benefits;

(4) Unemployment compensation lump sum payments;

(5) Insurance settlements;

(6) Lump sum retirement benefits; and

(7) Windfalls such as inheritances, lotteries, and other financial prizes.

(b) Lump sum income shall not include retroactive Social Security Income (SSI) payments or refunds of the individual's own money, such as a returned security or utility deposit.

(c) A lump sum earned income amount shall be reduced by the employment expense disregard (EED), as specified in He-W 654.13(f), if the individual has not already received the EED.

(d) Lump sum income amounts received in the month of application shall be reduced in the manner described below:

(1) If assistance begins on the first day of the month of application, no additional reduction of the lump sum amount shall be allowed;

(2) If assistance begins on the 16 day of the month of application, the lump sum amount shall be reduced by an amount equal to one-half of the FANF standard of need as defined in He-W 601.07 for the assistance group (AG) size as defined in He-W 601.01; and

(3) If assistance begins on the first day of the month after the month of application, the lump sum amount shall be reduced by an amount equal to the full FANF standard of need for the AG size.

(e) When determining the period a case will be ineligible due to receipt of lump sum income:

(1) One month shall be equal to 2 payroll periods; and

(2) The period of ineligibility shall begin the month following the month of receipt of the lump sum.

(f) The period of ineligibility shall be recalculated at the individual's request under one or more of the following circumstances:

(1) There are changes in the FANF standard of need;

(2) Shelter costs have increased;

(3) The lump sum is or was spent on life-threatening circumstances described in (g) below, under the following conditions:

a. The individual has no other income or resources available; and

b. The lump sum is or was being used to meet essential needs prior to being used for the life-threatening circumstances; or

(4) An AG member incurred, paid, and verified approved medical expenses described in (i) below.

(g) Life-threatening circumstances shall be circumstances which cannot be reasonably predicted and result in loss or unavailability of the lump sum.

(h) Life-threatening circumstances referred to in (g) above shall include, but not be limited to, the following:

(1) Natural disasters such as floods, fires, earthquakes, and hurricanes;

(2) Man-made occurrences which cause harm to the AG, such as theft of clothing, food, or money, arson, eviction, or loss of an owned residence;

(3) Medical emergencies or a serious illness of a member of the AG or of persons for whom a member of the AG, under state law, is liable to support;

(4) Use of the lump sum or a portion of it to obtain or prevent discontinuance of utilities or heat; and

(5) Use of the lump sum or a portion of it to prevent a situation, as defined by state law that would imperil the physical or mental well-being of a child or children.

(i) Approved medical expenses shall include, but not be limited to:

(1) Any expense that medicaid would pay for if the AG were eligible for medicaid, regardless of service limits;

(2) Health care insurance premiums;

(3) Prescription drugs; and

(4) Medical services, supplies, or equipment that are not covered by medicaid but which are prescribed by a licensed medical professional.

(j) An increase in the AG size shall not be considered an increase in the FANF standard of need.

N.H. Admin. Code § He-W 654.03

(See Revision Note at Chapter Heading He-W 600) #5171, eff 6-26-91; amd by #6446, eff 2-1-97; ss by #6531, INTERIM, eff 6-27-97, EXPIRED: 10-25-97; ss by #6614, eff 10-24-97; ss by #8452, eff 10-22-05

Ss by #10471, eff 11/26/2013.

Amended by Number 37, Filed September 14, 2023, Proposed by #13715, Effective 8/8/2023, Expires 8/8/2033.