[HISTORY: Adopted by the Board of Selectmen of the Town of
Salem; revised 2014. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any health, social service or other entity that provides
services to a client. Any such entity to which a welfare official
may refer a client for additional resources and/or assistance.
A person who expresses a desire to receive general assistance
or to have his/her eligibility reviewed and whose application has
not been withdrawn. This may be expressed either in person or by an
authorized representative of the applicant.
Written action by which a person requests assistance from
a welfare official. This application must be made on a form provided
by the welfare official. The application form may be written or completed
electronically by means of an interview conducted by a welfare official
and verified by the applicant's signature.
All cash, real property, personal property and future assets
owned by the applicant.
Amount of liquid assets after exclusions enumerated in § 482-8D. Includes cash on hand, checking accounts, bank deposits, credit union accounts, stocks, bonds, and securities. Individual retirement accounts (IRA), 401k accounts, insurance policies with a loan value, and nonessential personal property shall be considered as available liquid assets when they have been converted into cash.
Official files containing forms, correspondence and narrative
records pertaining to the application, including determination of
eligibility, reasons for decisions and actions by the welfare official,
and kinds of assistance given. The case record may be kept electronically.
A hard copy of all signed documents should be kept.
A recipient or applicant who has requested, either in person or through an authorized representative, a fair hearing under § 482-13 of these guidelines.
An individual who receives services from the Welfare Department.
May be a single person or encompass a family.
Determination by a welfare official, in accordance with the guidelines, of an applicant's need for general assistance under the formula provided in § 482-8.
A hearing which the applicant or recipient may request to contest a denial, termination or reduction of assistance. The standards for such a hearing are in § 482-13.
Financial assistance provided to applicants in accordance
with RSA 165 and these guidelines.
The applicant/recipient and persons residing with the applicant/recipient
in the relationship of father, mother, stepfather, stepmother, son,
daughter, husband, wife, or domestic partner; and/or
The applicant/recipient and any adult (including an unrelated
person) who resides with the applicant/recipient "in loco parentis"
(in the role of a substitute parent) to a minor child (a person under
18 years of age). A person "in loco parentis" is one who intentionally
accepts the rights and duties of a natural parent with respect to
a child not his or her own and who has lived with the child long enough
to form a "psychological family."
A person under 18 years of age.
The basic maintenance and support requirements of an applicant, as determined by a welfare official under the standards of § 482-8E of these guidelines.
A person who is receiving general assistance.
The sustaining of basic needs necessary to the health and
welfare of the household.
An applicant's place of abode or domicile. The place of abode
or domicile is that place designated by an applicant, unless there
is clear evidence otherwise, as his or her principal place of physical
presence for the indefinite future to the exclusion of all others.
Such residence or residency shall not be interrupted or lost by a
temporary absence from it, if there is an intent to return to such
residence or residency as the principal place of physical presence.
RSA 165:1, I; RSA 21:6-a.
All persons physically residing with the applicant, including
persons in the applicant's household and those not within the household.
A temporary housing provider through which an individual
or family may seek emergency housing until permanent housing can be
found.
Any service such as electric, gas, oil, water or sewer necessary
to maintain the health and welfare of the household.
Any landlord, utility company, store or other business which
provides goods or services needed by the applicant/recipient.
The system whereby a municipality issues vouchers to the recipient's vendors and providers rather than cash to the recipient. RSA 165:1, III. See § 482-7.
The official of the municipality, or designee, who performs
the function of administering general assistance. Such person has
the authority to make all decisions regarding the granting of assistance
under RSA 165, subject to the overall fiscal responsibility vested
in the Selectmen or Town Manager. The term includes "overseers of
public welfare" (RSA 165:1; RSA 41:46) and "administrator of town
or city welfare" (RSA 165:2).[1]
Labor performed by welfare recipients at municipal sites
or human service agencies as reimbursement for benefits received.
RSA 165:31.
Information given by or about an applicant or recipient of general
assistance is confidential and privileged and is not a public record
under the provisions of RSA 91-A. Such information will not be published,
released, or discussed with any individual or agency without written
permission of the applicant or recipient, except when disclosure is
required by law, or when necessary to carry out the purposes of RSA
165. RSA 165:2-c.
The responsibility of the day-to-day administration of the general
assistance program should be vested in the appointed welfare official.
The welfare official shall administer the general assistance program
in accordance with the written guidelines of the municipality. The
local governing body, the Selectmen, is responsible for the adoption
of the guidelines relative to general assistance. RSA 165:1, II.
A.
Legal requirement. Each welfare official is required by law to keep
complete paper and/or electronic records concerning the number of
applicants given assistance and the cost for such support. Separate
case records shall be established for each individual or family applying
for general assistance. The purposes for keeping such records are:
(1)
To provide a valid basis of accounting for expenditure of the municipality's
funds;
(2)
To support decisions concerning the applicant's eligibility;
(3)
To assure availability of information if the applicant or recipient
seeks administrative or judicial review of the welfare official's
decision;
(4)
To provide the welfare official with accurate statistical information;
and
(5)
To provide a complete history of an applicant's needs and assistance
that might aid the welfare official in ongoing case management and
in referring the applicant to appropriate agencies.
B.
Case records. The welfare official shall maintain case records containing
the following information:
(1)
The complete application including any authorizations signed by the
applicant allowing the welfare official to obtain or verify any pertinent
information in the course of assisting the recipient, to include a
signed "Authorization for the Release of Information" from the New
Hampshire Department of Health and Human Services. See Appendix E,
Form B.[1]
[1]
Editor's Note: Form B is on file at the office of the welfare
official.
(3)
A narrative history recording need for assistance, the results of
investigations of applicants' circumstances, referrals, changes in
status, etc.
(4)
A tally sheet, which has complete data concerning the type, amount
and dates of assistance given, which may be kept on paper or electronically.
A.
Right to apply.
(1)
Anyone may apply for general assistance by appearing in person or
through an authorized representative and by completing a written or
electronic application form. If more than one adult resides in a household,
each may be required to appear at the welfare office to apply for
assistance, unless one is working or otherwise reasonably unavailable.
Unrelated adults in the applicant's residential unit may be required
to apply separately if they do not meet the definition of "household"
as defined in these guidelines. Each adult in the household may be
requested to sign release of information forms.
(2)
The welfare official shall not be required to accept an application for general assistance from a recipient who is subject to a suspension pursuant to § 482-12C of these guidelines (RSA 165:1-b, VI), provided that any applicant who contests a determination of continuing noncompliance with the guidelines may request a fair hearing as provided in § 482-12C(7), and provided further that a recipient who has been suspended for at least six months due to noncompliance may file a new application.
B.
Welfare official's responsibilities at time of application. When
application is made for general assistance, the welfare official shall
inform the applicant of:
(1)
The requirement of submitting an application. The welfare official
shall provide assistance to the applicant in completing the application,
if necessary (e.g., applicant is physically or mentally unable, or
has a language barrier);
(2)
Eligibility requirements, including a general description of the
guidelines and the eligibility formula;
(3)
The applicant's right to a fair hearing, and the manner in which
a review may be obtained;
(4)
The applicant's responsibility for reporting all facts necessary
to determine eligibility and for presenting records and documents
as requested and as reasonably available to support statements;
(5)
The joint responsibility of the welfare official and applicant for
exploring facts concerning eligibility, needs and resources;
(6)
The kinds of verifications needed;
(7)
The fact that an investigation will be conducted in order to verify
facts and statements presented by the applicant;
(8)
The applicant's responsibility to notify the welfare official of
any change in circumstances that may affect eligibility;
(9)
Other forms of assistance for which the applicant may be eligible;
(10)
The availability of the welfare official to make home visits
by mutually agreed appointment to take applications and to conduct
ongoing case management when necessary for applicants who cannot leave
their homes;
(11)
The requirement of placing a lien on any real property owned
by the recipient, or any civil judgments or property settlements,
for any assistance given, except for good cause;
(12)
The fact that reimbursement from the recipient will be sought
if he/she becomes able to repay the amount of assistance given; and
(13)
The applicant's right to review the guidelines.
C.
Responsibility of each applicant and recipient.
(1)
At the time of initial application, and at all times thereafter,
the applicant/recipient has the following responsibilities:
(a)
To provide accurate, complete and current information concerning
needs and resources and the whereabouts and circumstances of relatives
who may be responsible under RSA 165:19;
(b)
To notify the welfare official promptly when there is a change
in needs, resources, address or household size;
(c)
To apply for immediately, but no later than seven days from
initial application, and accept any benefits or resources, public
or private, that will reduce or eliminate the need for general assistance.
RSA 165:1-b, I(d);
(d)
To keep all appointments as scheduled;
(e)
To provide records and other pertinent information and access
to said records and information when requested;
(f)
To provide a doctor's statement if claiming an inability to
work due to medical problems;
(g)
Following a determination of eligibility for assistance, to
diligently search for employment and provide verification of work
search (the number of work search contacts to be determined by the
welfare official), to accept employment when offered [except for documented
reasons of good cause (RSA 165:1-d)], and to maintain such employment.
RSA 165:1-b, I(c);
(h)
Following a determination of eligibility for assistance, to
participate in the work program if physically and mentally able. RSA
165:1-b, I(b); and
(i)
To reimburse assistance granted if returned to an income status
and if such reimbursement can be made without financial hardship.
RSA 165:20-b.
(2)
An applicant shall be denied assistance if he/she fails to fulfill any of these responsibilities without reasonable justification. A recipient's assistance may be terminated or suspended for failure to fulfill any of these responsibilities without reasonable justification, in accordance with § 482-12C.
(3)
Any recipient may be denied or terminated from general assistance, in accordance with § 482-12, or may be prosecuted for a criminal offense, if he/she, by means of intentionally false statements or intentional misrepresentation, or by impersonation or other willfully fraudulent act or device, obtains or attempts to obtain any assistance to which he/she is not entitled.
D.
Actions on applications.
(1)
Decision. Unless an application is withdrawn, the welfare official
shall make a decision concerning the applicant's eligibility immediately,
in the case of emergency, or within five working days after submission
of the application. A written notice of decision shall be given in
hand, delivered or mailed on the same day or next working day following
the making of the decision. The notice of decision shall state that
assistance of a specific kind and amount has been given and the time
period of aid, or that the application has been denied, in whole or
in part, with reasons for denial. A decision may also be made to pend
an application subject to receipt of specified information from the
applicant. The notice of decision shall contain a first notice of
conditions for continued assistance and shall notify the applicant
of his/her right to a fair hearing if dissatisfied with the welfare
official's decision. RSA 165:1-b, II and III.
(2)
Emergency assistance. If, at the time of initial contact, the applicant
demonstrates and verifies that an immediate need exists, because of
which the applicant may suffer a loss of a basic necessity of living
or imminent threat to life or health (such as loss of shelter, utilities
or heat or lack of food or prescriptions), then temporary aid to fill
such immediate need shall be given immediately, pending a decision
on the application. Such emergency assistance shall not obligate the
welfare official to provide further assistance after the application
process is completed.
(3)
Temporary assistance. In circumstances where required records are
not available, the welfare official may give temporary approval of
an application pending receipt of required documents. Temporary status
shall not extend beyond two weeks. The welfare official shall not
insist on documentary verification if such records are totally unavailable.
(4)
Withdrawn applications. An application shall be considered withdrawn
if:
(a)
The applicant has refused to complete an application or has
refused to make a good faith effort to provide required verifications
and sufficient information for the completion of an application. If
an application is deemed withdrawn for these reasons, the welfare
official shall so notify the applicant in a written notice of decision;
(b)
The applicant dies before assistance is rendered;
(c)
The applicant avails him/herself of other resources to meet
the need in place of assistance;
(d)
The applicant requests that the application be withdrawn (preferably
in writing); or
(e)
The applicant does not contact the welfare official after the
initial interview after being requested to do so.
E.
Home visits.
(1)
A home visit may be made by appointment at the request of any applicant
only when it is impossible for the applicant or his or her representative
to apply in person.
(2)
The home visit shall be conducted in such a manner as to preserve,
to the greatest extent possible, the privacy and dignity of the applicant.
To this end, the person conducting the visit shall not be in uniform
or travel in a law enforcement vehicle, shall be polite and courteous,
and shall not knowingly discuss or mention the application within
the listening area of someone who is not a member of the household.
Any determination or investigation of need or eligibility shall
be conducted in a manner that will not violate the privacy or personal
dignity of the individual or harass or violate his or her individual
rights.
A.
Required verifications. Verification will normally be required of
the following:
(1)
Applicant's address;
(3)
Names of persons in applicant's residential unit;
(4)
Applicant's and household's income and assets;
(5)
Applicant's and household's financial obligations;
(6)
The physical and mental condition of household members, only where
relevant to their receipt of assistance, such as ability to work,
determination of needs, or referrals to other forms of assistance;
(7)
Any special circumstances claimed by applicant;
(8)
Applicant's employment status and availability in the labor market;
(9)
Names, addresses, and employment status of potentially liable relatives;
(10)
Utility costs;
(11)
Housing costs;
(12)
Prescription costs; and
(13)
Any other costs that the applicant wishes to claim as a necessity.
B.
Verification records. Verification may be made through records provided
by the applicant (for example, birth and marriage certificates, pay
stubs, pay checks, rent receipts, bankbooks, bank statements, etc.)
as primary sources. The failure of the applicant to bring such records
does not affect the welfare official's responsibility to process the
application promptly. The welfare official shall inform the applicant
what records are necessary, and the applicant is required to produce
records possessed as soon as possible. However, the welfare official
shall not insist on documentary verification if such records are not
available, but should ask the applicant to suggest alternative means
of verification.
C.
Other sources of verification. Verification may also be made through
other sources, such as relatives, employers, former employers, banks,
school personnel, and social or government agencies. The cashier of
a national bank or a treasurer of a savings and trust company is authorized
by law to furnish information regarding amounts deposited to the credit
of an applicant or recipient. RSA 165:4.
D.
Written consent of applicant. When information is sought from such
other sources, the welfare official shall explain to the applicant
or recipient what information is desired, how it will be used, and
the necessity of obtaining it in order to establish eligibility. Before
contact is made with any other source, the welfare official shall
obtain written consent of the applicant or recipient, unless the welfare
official has reasonable grounds to suspect fraud. In the case of suspected
fraud, the welfare official shall carefully record his/her reasons
and actions, and before any accusation or confrontation is made, the
applicant shall be given an opportunity to explain or clarify the
suspicious circumstances.
E.
Legally liable relatives. The welfare official may seek statements
from the applicant's legally liable relatives regarding their ability
to help support the applicant.
F.
Refusal to verify information. Should the applicant or recipient
refuse comment and/or indicate an unwillingness to have the welfare
official seek further information that is necessary, assistance may
be denied for lack of eligibility verification.
A.
The municipality pays in a voucher system (RSA 165:1, III). Vouchers
are payable directly to the vendors (utilities, landlords, stores,
etc.) involved. Landlords are verified through the application process
and notified in written decisions.
B.
The amount shown on the voucher is the maximum amount to be used
for payment. In accordance with the municipality's accounting practices,
a recipient may be required to sign the voucher to ensure proper usage.
The vendor returns the voucher with the required documentation, for
payment, to the welfare official. After the initial transaction, if
there is any unspent money, the voucher shall be returned to the municipality
for payment of the actual amount listed on an itemized bill or register
tape. Vouchers altered by the recipient or vendor may not be honored.
A.
Eligibility formula. An applicant is eligible to receive assistance
when:
(2)
The applicant's basic maintenance need, as determined under Subsection E below, exceeds his/her available income (Subsection F below) plus available liquid assets (Subsection D below). If available income and available liquid assets exceed the basic maintenance need (as determined by the guideline amounts), the applicant is not eligible for general assistance. If the need exceeds the available income/assets, the amount of assistance granted to the applicant shall be the difference between the two amounts, in the absence of circumstances deemed by the welfare official to justify an exception.
B.
Legal standard and interpretation. "Whenever a person in any town
is poor and unable to support himself, he shall be relieved and maintained
by the overseers of public welfare of such town, whether or not he
has residence there." RSA 165:1.
(2)
"Whenever" means at any or whatever time that person is poor and
unable to support him/herself.
(3)
"Poor and unable to support" means that an individual lacks income
and available liquid assets to adequately provide for the basic maintenance
needs of him/herself or family as determined by the guidelines.
(4)
"Relieved" means an applicant shall be assisted to meet those basic
needs.
C.
Nonfinancial eligibility factors.
(1)
Age. General assistance cannot be denied any applicant because of
the applicant's age; age is not a factor in determining whether or
not an applicant may receive general assistance. Minor children are
assumed to be the responsibility of their parent(s) or legal guardian(s),
unless circumstances warrant otherwise.
(2)
Support actions. No applicant or recipient shall be compelled, as a condition of eligibility or continued receipt of assistance, to take any legal action against any other person. The municipality may pursue recovery against legally liable persons or governmental units. See § 482-15.
(3)
Eligibility for other categorical assistance. Recipients who are, or may be, eligible for any other form of public assistance must apply for such assistance immediately, but no later than seven days after being advised to do so by the welfare official. Failure to do so may render the recipient ineligible for assistance and subject to action pursuant to § 482-12 of these guidelines.
(4)
Employment. An applicant who is gainfully employed, but whose income
and assets are not sufficient to meet necessary household expenses,
may be eligible to receive general assistance. However, recipients
who without good cause refuse a job offer or referral to suitable
employment or participation in the work program, or who voluntarily
leave a job without good cause, may be ineligible for continuing general
assistance in accordance with the procedures for suspension outlined
in the guidelines. The welfare official shall first determine whether
there is good cause for such refusal, taking into account the ability
and physical and mental capacity of the applicant, transportation
problems, working conditions that might involve risks to health or
safety, lack of adequate child care, or any other factors that might
make refusing a job reasonable. These employment requirements shall
extend to all adult members of the household.
(5)
Registration with the New Hampshire Department of Employment Security
(NHES) and work search requirements.
(a)
All unemployed recipients and adult members of their households
shall, within seven days after having been granted assistance, register
with NHES to find work and must conduct a reasonable, verified job
search as determined by the welfare official. Each recipient must
apply for employment to each employer to whom he/she is referred by
the welfare official. These work search requirements apply unless
the recipient and each other adult member of the household is:
[1]
Gainfully employed full-time;
[2]
A dependent 18 or under who is regularly attending secondary
school;
[3]
Unable to work due to illness or mental or physical disability
of him/herself or another member of the household, as verified by
the welfare official; or
[4]
Solely responsible for the care of a child under the age of
five (RSA 165:31, III). A recipient responsible for the care of a
child aged five to 12 shall not be excused from work search requirements
but shall be deemed to have good cause to refuse a job requiring work
during hours the child is not usually in school, if there is no responsible
person available to provide care, and it is verified by the welfare
official that no other care is available.
(b)
The welfare official shall give all necessary and reasonable
assistance to ensure compliance with registration and work requirements,
including the granting of allowances for transportation and work clothes.
Failure of a recipient to comply with these requirements without good
cause will be reason for denial of assistance.
(6)
Students. Applicants who are college students not available for or
refusing to seek full-time employment are not eligible for general
assistance.
(7)
Noncitizens. The welfare officer may, in his/her sole discretion,
provide limited assistance to noncitizens not otherwise eligible for
general assistance.
(a)
A noncitizen who is not a qualified alien under 8 U.S.C.A. § 1641,
a nonimmigrant under the federal Immigration and Nationality Act,
or an alien paroled into the United States for less than one year
under 8 U.S.C.A. § 1182(d)(5) is not eligible for general
assistance from the municipality. 8 U.S.C.A. § 1621(a).
(b)
Qualified aliens include aliens who are lawfully admitted for
permanent residence under the Immigration and Nationality Act (8 U.S.C.A.
§ 1101 et seq.), aliens who are granted asylum under that
act, certain refugees, and certain battered aliens. 8 U.S.C.A. § 1641.
(c)
A noncitizen who is not eligible for general assistance may
be eligible for state assistance with health care items and services
that are necessary for the treatment of an emergency medical condition,
which is defined as a medical condition (including emergency labor
and delivery) manifesting itself by acute symptoms of sufficient severity
(including severe pain) such that the absence of immediate medical
attention could reasonably be expected to result in:
(d)
A noncitizen may also be eligible for general assistance for treatment of an emergency medical condition, pursuant to § 482-8E(8)(a) of these guidelines.
(e)
Noncitizen applicants for general assistance may be required
to provide proof of eligibility.
(8)
Property transfers. No applicant who is otherwise eligible shall
receive such assistance if he/she has made an assignment, transfer,
or conveyance of property for the purpose of rendering him/herself
eligible for assistance within three years immediately preceding his/her
application. RSA 165:2-b.
(9)
Employment of household members.
(a)
The employment requirements of these guidelines, or participation
in the workfare program, shall be required for all adults aged 18
to 65 years residing in the same household, except those regularly
attending secondary school or employed on a full-time basis, who are:
[1]
Members of the recipient's household;
[2]
Legally liable to contribute to the support of the recipient
and/or children of the household; and
[3]
Not prevented from maintaining employment and contributing to
the support of the household by reason of physical or mental disability
or other justifiable cause as verified by the welfare official.
(b)
The welfare official may waive this requirement where failure
of the other household members to comply is not the fault of the recipient
and the welfare official decides it would be unreasonable for the
recipient to establish a separate household. RSA 165:32.
(10)
Disqualification for voluntary termination of employment.
(a)
Any applicant eligible for assistance who voluntarily terminated
employment shall be ineligible to receive assistance for 90 days from
the date of employment termination, provided that the applicant:
[1]
Has received local welfare within the past 365 days;
[2]
Has been given notice that voluntary termination of employment
without good cause could result in disqualification;
[3]
Has terminated employment of at least 20 hours per week without
good cause within 60 days of an application for local welfare;
[4]
Is not responsible for supporting minor children in his/her
household; and
[5]
Did not have a mental or physical impairment which caused him/her
to be unable to work.
(b)
Good cause for terminating employment shall include any of the
following: discrimination, unreasonable work demands or unsuitable
employment, retirement, leaving a job in order to accept a bona fide
job offer, migrant farm labor or seasonal construction, and lack of
transportation or child care. An applicant shall be considered to
have voluntarily terminated employment if the applicant fails to report
for work without good cause. An applicant who is fired or resigns
from a job at the request of the employer due to applicant's inability
to maintain the employer's normal work productivity standard shall
not be considered to have voluntarily terminated employment. RSA 165:1-d.
D.
Available assets.
(1)
Available liquid assets. Cash on hand, bank deposits, credit union
accounts, securities and retirement plans (i.e., IRAs, deferred compensation,
Keoghs, etc.) are available liquid assets. Insurance policies with
a loan value and nonessential personal property may be considered
as available liquid assets when they have been converted into cash.
The welfare official shall allow a reasonable time for such conversion.
However, tools of a trade, livestock and farm equipment, and necessary
and ordinary household goods are essential items of personal property
which shall not be considered as available assets.
(2)
Automobile ownership. The ownership of one automobile by an applicant/recipient
or his/her dependent does not affect eligibility if it is essential
for transportation to seek or maintain employment, to procure medical
services or rehabilitation services, or if its use is essential to
the maintenance of the individual or the family.
(3)
Insurance. The ownership of insurance policies does not affect eligibility.
However, when a policy has cash or loan value, the recipient will
be required to obtain and/or borrow all available funds, which shall
then be considered available liquid assets.
(4)
Real estate. The type and amount of real estate owned by an applicant
does not affect eligibility, although rent or other such income from
property shall be considered as available to meet need. Applicants
owning real estate property, other than that occupied as their primary
residence, shall be expected to make reasonable efforts to dispose
of it at fair market value. Applicants shall be informed that a lien
covering the amount of any general assistance they receive shall be
placed against any real estate they own. RSA 165:28.
E.
Standard of need. The basic financial requirement for general assistance
is that an applicant be poor and unable to support him/herself. An
applicant shall be considered poor when he/she has insufficient available
income/assets to purchase either for him/herself or dependents any
of the following:
(1)
Shelter. The amount to be included as "need" for shelter is the actual
cost of rent or mortgage necessary to provide shelter in that municipality
for the current month, or other rental period if deemed appropriate
by the welfare official. All requests for rental or mortgage assistance
will be reviewed based on a consideration of the applicant's ability
to pay future rent or mortgage payments.
(a)
Shelter arrearages. Shelter arrearages will be included in the
"need" formula if, and only if, such payment is necessary to prevent
eviction or foreclosure or to protect the health and safety of the
household. However, if the amount of such mortgage or rental arrearage
substantially exceeds the cost of alternative, available housing which
complies with local health and housing code standards, or if the payment
of arrears will not prevent eviction or foreclosure, the welfare official
may instead authorize payment of security deposit, rent, and/or reasonable
relocation expenses for such alternative housing if, under the circumstances
of the case, it is reasonable to do so and would not cause undue hardship
to the applicant household. Alternative housing may include transitional
housing as an option.
(b)
Security deposits. Security deposits may be included in the
"need" formula if, and only if, the applicant is unable to secure
alternative shelter for which no security deposit is required or is
unable to secure funds, either him/herself or from alternative sources,
for payment of the deposit. Any security deposit provided by the general
assistance program which is returned under RSA 540-A:7 shall be returned
to the municipality, not the recipient.
(c)
Relative landlords. Whenever a relative of an applicant is also
the landlord for the applicant, a financial analysis of the landlord
shall be made in accordance with RSA 165:19. Otherwise, an applicant
is not eligible for rental assistance if the landlord is a parent.
(d)
Storage. Storage charges are not an eligible shelter expense
under the basic needs formula, unless the applicant is homeless.
(2)
Utilities. When utility costs are not included in the shelter expense,
the most recent outstanding monthly utility bill in the name of the
applicant will be included as part of "need" by the welfare official.
Arrearages will not normally be included in "need" except as set forth
below.
NOTE: The New Hampshire Public Utilities Commission (PUC) has
established comprehensive rules governing the provision of some utility
services. Generally speaking, the PUC governs electric, telephone,
water, and sewer; it does not govern any municipal utilities, propane
tanks, or fuel oil. With the exception of telephone, the rules are
consistent across utilities. These rules and regulations cover the
initiation of service, payment arrangements, termination of service,
the terms of restoration of service, the requirement of deposits,
municipal guarantees and guarantees from other third parties. There
are special rules as to winter termination. The welfare official should
be familiar with these rules in order to ensure that needs are properly
met at the lowest available cost. The PUC has a toll-free consumer
assistance number: 800-852-3793.
(a)
Arrearages. Arrearages will not be included except when necessary
to ensure the health and safety of the applicant household or to prevent
termination of utility service where no other resources or referrals
can be utilized. In accordance with the rules of the PUC relating
to electric utilities, arrearages for electric service need not be
paid if the welfare official notifies the electric company that the
municipality guarantees payment of current electric bills as long
as the recipient remains eligible for general assistance.
(b)
Restoration of service.
[1]
When utility service has been terminated and the welfare official
has determined that alternative utility service is not available and
alternative shelter is not feasible, arrearages will be included in
"need" when restoration of service is necessary to ensure the health
and safety of the applicant household. The welfare official may negotiate
with the utility for payment of less than the full amount of the arrears
and/or may attempt to arrange a repayment plan to obtain restoration
of service.
[2]
When electric service has been terminated and restoration is
required, arrearages may either be included as set forth in the above
subsection or may be paid in accordance with a reasonable payment
plan entered into by the applicant and the electric company. The welfare
official may hold the recipient accountable for the payment arrangement
for as long as the recipient continues to request general assistance
on a regular basis. Payment of a payment plan may be a required element
of a notice of decision or case plan.
(c)
Deposits. Utility security deposits will be considered as "need"
if, and only if, the applicant is unable to secure funds for the payment
of the deposit and is unable to secure utility service without a deposit.
Such deposits shall, however, be the property of the municipality.
(3)
Food. The amount included as "need" for food purchases will be in
accordance with the most recent standard food stamp allotment, as
determined under the food stamp program administered by the New Hampshire
Department of Health and Human Services. An amount in excess of the
standard food allotment may be granted if one or more members of the
household need a special diet, as verified by the welfare official,
the documented cost of which is greater than can be purchased with
the family's allotment of food stamps. Food vouchers may not be used
for alcohol, tobacco, pet food, or reading materials.
(4)
Household maintenance allowance. Applicants may include, in calculating "need," the cost of providing personal and household necessities in an amount not to exceed these guidelines, as determined in accordance with Subsection E(11) below. (See Appendix A.[2]) Need allowance for diapers shall be calculated based
on usage.
[2]
Editor's Note: Appendix A is on file at the office of the
welfare official.
(5)
Telephone. If the absence of a telephone would create an unreasonable
risk to the applicant's health or safety (as verified by the welfare
official), or for other good cause as determined by the welfare official,
the lowest available basic monthly rate will be budgeted as "need."
While payments will not be made for telephone bills, under exceptional
circumstances where no other source of assistance is available payments
may be made to maintain basic telephone service.
(6)
Transportation. If the welfare official determines that transportation
is necessary (e.g., for health or medical reasons, to maintain employment,
or to comply with conditions of assistance), "need" should include
the costs of public transportation, where available. If, and only
if, the transportation need cannot be reasonably provided by alternative
means, such as public transportation or volunteer drivers, a reasonable
amount for car payments and gasoline should be included as part of
"need" when determining eligibility or amount of aid.
(7)
Maintenance of insurance. In the event that the welfare official
determines that the maintenance of medical insurance is essential,
an applicant may include as "need" the reasonable cost of such premiums.
(8)
Emergency and other expenses. In the event that the applicant has
the following current expenses, the actual cost shall be included
as emergency and other expenses to determine eligibility and amount
of assistance:
(a)
Medical expenses. The welfare official shall not consider including
amounts for medical, dental or eye services unless the applicant can
verify that all other potential sources have been investigated and
that there is no source of assistance other than local welfare. Other
sources to be considered shall include state and federal programs,
local and area clinics, area service organizations and area hospital
indigent programs designed for such needs. When an applicant requests
medical service, prescriptions, dental service or eye service, the
local welfare official may require verification from a doctor, dentist
or person licensed to practice optometry in the area, indicating that
these services are absolutely necessary and cannot be postponed without
creating a significant risk that the applicant's well-being will be
placed in serious jeopardy.
(b)
Legal expenses. Except for those specifically required by statute,
no legal expenses will be included.
(c)
Clothing. If the applicant has an emergency clothing need which
cannot be met in a timely fashion by other community resources (i.e.,
Salvation Army, Red Cross, church group), the expense of reasonably
meeting that emergency clothing need will be included.
(9)
Unusual needs not otherwise provided for in these guidelines. If the welfare official determines that the strict application of the standard of need criteria will result in unnecessary or undue hardship (e.g., needed services are inaccessible to the applicant), such official may make minor adjustments in the criteria or may make allowances using the emergency need standards stated in § 482-5D(2) of these guidelines. Any such determination, and the reasons therefor, shall be stated in writing in the applicant's case record.
(10)
Shared expenses. If the applicant/recipient household shares
shelter, utility, or other expenses with a nonapplicant/recipient
(i.e., is part of a residential unit), then need should be determined
on a pro rata share, based on the total number of adults in the residential
unit (e.g., three adults in residential unit, but only one applies
for assistance: shelter need is 1/3 of shelter allowance for household
of three adults).
(11)
Payment levels for allowable expenses. When adopting these guidelines,
the municipal governing body shall establish payment levels for various
allowable expenses such as food and maintenance cost which shall be
based on actual local market conditions and costs. The payment levels
shall be reviewed by the welfare official annually, and market rents
established by the New Hampshire Housing Finance Authority through
HUD will be used as guides.
F.
Income. In determining eligibility and the amount of assistance,
the standard of need shall be compared to the available income/assets.
Computation of income and expenses will be by the month. The following
items will be included in the computation:
(1)
Earned income. Income in cash or in kind earned by the applicant
or any member of the household through wages, salary, commissions,
or profit, whether self-employed or as an employee, is to be included
as income. Rental income and profits from items sold are considered
earned income. With respect to self-employment, total profit is arrived
at by subtracting business expenses from gross income in accordance
with standard accounting principles. When income consists of wages,
the amount computed should be that available after income taxes, social
security and other payroll deductions required by state, federal,
or local law, court-ordered support payments and child care costs,
and work-related clothing costs have been deducted from income. Wages
that are trusted, or income similarly unavailable to the applicant
or applicant's dependents, should not be included.
(2)
Income or support from other persons. Contributions from relatives or other household members shall be considered as income only if actually available and received by the applicant or recipient. The income of nonhousehold members of the applicant's residential unit shall not be counted as income. Expenses shared with nonhousehold members may affect the level of need, however. See Subsection E(10) regarding determination of need in cases of nonhousehold residential units.]
(3)
Income from other assistance or social insurance programs.
(a)
State categorical assistance benefits, OASDI payments, social
security payments, VA benefits, unemployment insurance benefits, and
payment from other government sources shall be considered income.
(b)
Food stamps cannot be counted as income pursuant to federal
law [7 U.S.C. § 2017(b)] but may be considered under "standard
of need" to determine true food expenses.
(c)
Fuel assistance cannot be counted as income pursuant to federal
law [42 U.S.C. § 8624(f)(1)] but may be considered under
"standard of need" to determine true fuel expenses.
(4)
Court-ordered support payments. Alimony and child support payments
shall be considered income only if actually received by the applicant
or recipient.
(5)
Income from other sources. Payment from pension, trust funds, and
similar programs shall be considered income.
(6)
Earnings of a child. No inquiry shall be made into the earnings of
a child 14 years of age or less unless that child makes a regular
and substantial contribution to the family.
(7)
Option to treat a qualified state assistance reduction as deemed
income. The welfare official may deem as income all or any portion
of any qualified state assistance reduction pursuant to RSA 167:82,
VIII. The following criteria shall apply to any action to deem income
under this section: (RSA 165:1-e)
(a)
The authority to deem income under this section shall terminate
when the qualified state assistance reduction no longer is in effect.
(b)
Applicants for general assistance may be required to cooperate
in obtaining information from the Department of Health and Human Services
as to the existence and amount of any qualified state assistance reduction.
No applicant for general assistance may be considered to be subject
to a qualified state assistance reduction unless the existence and
amount have been confirmed by the Department of Health and Human Services.
(c)
The welfare official shall provide the applicant with a written
decision which sets forth the amount of any deemed income used to
determine eligibility for general assistance.
(d)
Whenever necessary to prevent an immediate threat to the health
and safety of children in the household, the welfare official shall
waive that portion, if any, of the qualified state assistance reduction
as necessary.
G.
Residents of shelters for victims of domestic violence and their
children. An applicant residing in a shelter for victims of domestic
violence and their children who has income, and owns resources jointly
with the abusive member of the applicant's household, shall be required
to cooperate with the normal procedures for purposes of verification.
Such resources and income may be excluded from eligibility determinations
unless the applicant has safe access to joint resources at the time
of application. The verification process may be completed through
an authorized representative of the shelter of residence. The normal
procedures taken in accordance with these guidelines to recover assistance
granted shall not delay such assistance.
A.
Eligibility. Applicants who are temporarily in a municipality which
is not their municipality of residence and who do not intend to make
a residence there are nonetheless eligible to receive general assistance,
provided that they are poor and unable to support themselves. RSA
165:1-c. No applicant shall be refused assistance solely on the basis
of residence. RSA 165:1. The welfare administrator using his/her discretion
may provide limited assistance.
B.
Standards. The application procedure, eligibility standards and standard
of need shall be the same for nonresidents as for residents.
C.
Verification. Verification records shall not be considered unavailable,
nor the applicant's responsibility for providing such records relaxed,
solely because they are located in the applicant's municipality of
residence.
D.
Temporary or emergency aid. The standards for the fulfilling of immediate or emergency needs of nonresidents and for temporary assistance pending final decision shall be the same as for residents, as set forth in § 482-5D(2).
E.
Determination of residence. Determination of residence shall be made if the applicant requests return home transportation (see Subsection F below) or if the welfare official has reason to believe the applicant is a resident of another New Hampshire municipality from which recovery can be made under RSA 165:20.
(1)
Minors. The residence of a minor applicant shall be presumed to be
the residence of his/her custodial parent or guardian.
(2)
Adults. For competent adults, the standard for determining residence shall be the overall intent of the applicant, as set forth in the definition of "residence" in § 482-1. The statement of an applicant over 18 as to his/her residence or intent to establish residence shall be accepted in the absence of strongly inconsistent evidence or behavior.
F.
Return home transportation. At the request of a nonresident applicant,
any aid, temporary or otherwise, to which he/she would be otherwise
entitled under the standards set forth in these guidelines may be
used by the welfare official to cause the applicant to be returned
to his/her municipality of residence. RSA 165:1-c.
A.
Participation. Any recipient of general assistance who is able and
not gainfully employed may be required to work for the municipality
or an appropriate local human service agency at any available bona
fide job that is within his/her capacity (RSA 165:31) for the purpose
of reimbursement of benefits received. Participants in the work program
are not considered employees of the municipality, and any work performed
by workfare participants does not give rise to any employee-employer
relationship between the recipient/workfare participant and the municipality.
B.
Reimbursement rate. The workfare participant shall be allotted the
prevailing municipal wage for work performed, but in no case less
than the minimum wage. No cash compensation shall be paid for workfare
participation; the wage value of all hours worked shall be used to
reimburse the municipality for assistance given. No workfare participant
shall be required to work more hours than necessary to reimburse aid
rendered.
C.
Continuing financial liability. If, due to lack of available municipal
work or other good cause, a recipient does not work a sufficient number
of hours to fully reimburse the municipality for the amount of his/her
aid, the amount of aid received less the value of work program hours
completed shall still be owed to the municipality.
D.
Allowance for work search. The municipality shall provide reasonable
time during working hours for the workfare participant to conduct
a documented employment search.
E.
Workfare program attendance.
(1)
With
prior notice to the welfare official, a recipient may be excused from
workfare participation if he/she:
(a)
Has a conflicting job interview;
(b)
Has a conflicting interview at a service or welfare agency;
(c)
Has a medical appointment or illness;
(d)
As a parent or person "in loco parentis" must care for a child
under the age of five. A recipient responsible for a child age five
but under 12 shall not be required to work during hours the child
is not in school, if there is no responsible person available to provide
care, and no other care is available;
(e)
Is unable to work due to mental or physical disability, as verified
by the welfare official;
(f)
Must remain at home because of illness or disability of another
member of the household, as verified by the welfare official; or
(g)
Does not possess the materials or tools required to perform
the task and the municipality fails to provide them.
(2)
However,
the workfare participant should attempt to schedule appointments so
as not to conflict with the workfare program and must notify his/her
supervisor in advance of the appointment. The welfare official may
require participants to provide documentation of their attendance
at a conflicting interview or appointment.
F.
Workfare hours. Workfare hours are subject to approval of the supervisor and the welfare official. Failure of the participant to adhere to the agreed workfare hours (except for the reasons listed above) will prompt review of the recipient's eligibility for general assistance and may result in a suspension or termination of assistance. See § 482-12C(2)(b).
G.
Workers' compensation. The municipality shall provide workers' compensation
coverage to participants in workfare programs in the same manner such
coverage is provided to other municipal employees, unless the local
governing body of the municipality has voted to adopt a guideline
making the provisions of the workers' compensation laws not applicable
to workfare program participants. RSA 281-A:2, VII(b).
The welfare official shall provide for proper burial or cremation,
at municipal expense, of persons found in the municipality at time
of death, regardless of whether the deceased person ever applied for
or received general assistance from any municipality. In such cases,
assistance may be applied for on behalf of the deceased person; however
the application should be made before any burial or cremation expenses
are incurred. The expense may be recovered from the deceased person's
municipality of residence or from a liable relative pursuant to RSA
165:3, II. If relatives, other private persons, the state or other
sources are unable to cover the entire burial/cremation expense, the
municipality will pay up to $1,000 for burial/cremation. (See Appendix
A.[1]) RSA 165:3 and RSA 165:1-b; see also RSA 165:27 and RSA
165:27-a.
[1]
Editor's Note: Appendix A is on file at the office of the
welfare official.
A.
Right to a written decision. All persons have a constitutional right to be free of unfair, arbitrary or unreasonable action taken by government. This includes applicants for and recipients of general assistance whose aid has been denied, terminated or reduced. Every applicant and recipient shall be given a written notice of every decision regarding assistance. (See § 482-5D for notice where application is granted.) The welfare official will make every effort to ensure that the applicant understands the decision.
B.
Action taken for reasons other than noncompliance with the guidelines.
(1)
Whenever a decision is made to deny assistance or to refuse to grant
the full amount of assistance requested, a notice of the decision
shall be given or mailed to the applicant either the same day or next
work day following the making of the decision or within five working
days from the time the application is filled out and submitted, whichever
occurs first.
(2)
The notice required by Subsection B(1) above shall contain:
(a)
A clear statement of the reasons for the denial or not providing
full assistance requested.
(b)
A statement advising the recipient of his/her right to a fair
hearing and that any request for a fair hearing must be made in writing
within five working days.
(c)
A form on which the recipient may request a fair hearing.
(d)
A statement advising the recipient of the time limits which
must be met in order to receive a fair hearing.
(e)
A statement that assistance may continue, if there was initial
eligibility, until the date of hearing, if requested by the claimant.
Aid must be repaid if the claimant fails to prevail at the hearing.
C.
Suspension for noncompliance with the guidelines.
NOTE: This procedure has been developed by the Local Government
Center (LGC) in an effort to set forth a clear process for suspension
of assistance for willful noncompliance with guidelines, under RSA
165:1-b. There are differing opinions as to the intent and interpretation
of the statute. There are differing opinions as to the specific procedures
required by the statute. The procedures outlined in this section are
not specifically mandated by RSA 165:1-b but are LGC's attempts to
create a legally sound compromise. See also Appendix B.[1]
(1)
Due process. Recipients must comply with these guidelines and the
reasonable requests of welfare officials. Welfare officials must enforce
the guidelines while ensuring that all recipients and applicants receive
due process. Recipients should be given reasonable notice of the conditions
and requirements of eligibility and future eligibility and notice
that noncompliance may result in termination or suspension.
(2)
Conditions. Any applicant/recipient otherwise eligible for assistance
shall become ineligible under RSA 165:1-b if he/she willfully and
without good cause fails to comply with the requirements of these
guidelines relating to the obligation to:
(3)
First notice. No recipient otherwise eligible shall be suspended
for noncompliance with conditions unless he/she has been given a written
notice of the actions required in order to remain eligible and a seven-day
period within which to comply. The first notice should be given at
the time of the notice of decision and thereafter as conditions change.
(See Form L.[2]) Additional notice of actions required should also be
given, as eligibility is redetermined, but without an additional seven-day
period unless new actions are required. RSA 165:1-b, II.
[2]
Editor's Note: Form L is on file at the office of the welfare
official.
(4)
Noncompliance.
(a)
If a recipient willfully and without good cause fails to come into compliance during the seven-day period, or willfully falls into noncompliance within 30 days from receipt of a first notice, the welfare official shall give the recipient a suspension notice, as set forth in Subsection C(5). See Form L; see Appendix B.[3]
[3]
Editor's Note: Form L and Appendix B are on file at the office
of the welfare official.
(b)
If a recipient falls into noncompliance for the first time more
than 30 days after receipt of a first notice, the welfare official
shall give the recipient a new first notice with a new seven-day period
to comply (see Form L) before giving the recipient the suspension
notice. RSA 165:1-b, III.
(5)
Suspension notice. Written notice to a recipient that he/she is suspended
from assistance due to failure to comply with the conditions required
in a first notice shall include (see Form L):
(a)
A list of the guidelines with which the recipient is not in
compliance and a description of those actions necessary for compliance;
(c)
Notice of the right to a fair hearing on the issue of willful
noncompliance and that such request must be made in writing within
five days of receipt of the suspension notice;
(d)
A statement that assistance may continue in accordance with
the prior eligibility determination until the fair hearing decision
is made if the recipient so requests on the request form for the fair
hearing; however, if the recipient fails to prevail at the hearing,
the suspension will start after the decision and such aid must be
repaid by the recipient; and
(e)
A form on which the individual may request a fair hearing and
the continuance of assistance pending the outcome.
(6)
Suspension period.
(a)
The suspension period for failure to comply with these guidelines
shall last:
[1]
Either seven days or 14 days if the recipient has had a prior suspension
which ended within the past six months; and
[2]
Until the recipient complies with the guidelines if the recipient,
upon the expiration of the seven- or fourteen-day suspension period,
continues to fail to carry out the specific actions set forth in the
notice.
(b)
Notwithstanding Subsection C(6)(a)[2] above, a recipient who has been suspended for noncompliance for at least six months may file a new application for assistance without coming back into compliance
(7)
Fair hearing on continuing noncompliance. A recipient who has been suspended until he/she complies with the guidelines may request a fair hearing to resolve a dispute over whether or not he/she has satisfactorily complied with the required guidelines; however no assistance shall be available under Subsection C(5)(d) above.
(8)
Compliance after suspension. A recipient who has been subject to
a suspension and who has come back into compliance shall have his/her
assistance resumed, provided that he/she is still otherwise eligible.
The notice of decision stating that assistance has been resumed should
again set forth the actions required to remain eligible for assistance
but need not provide a seven-day period for compliance unless new
conditions have been imposed.
[1]
Editor's Note: Appendix B is on file at the office of the
welfare official.
A.
Requests. A request for a fair hearing is a written expression, by
the applicant or recipient, or any person acting for him/her, to the
effect that he/she wants an opportunity to present his/her case to
a higher authority. When a request for assistance is denied or when
an applicant desires to challenge a decision made by the welfare official
relative to the receipt of assistance, the applicant must present
a request for a fair hearing to the welfare official within five working
days of receipt of the notice of decision at issue. RSA 165:1-b, III.
See Form O.[1]
[1]
Editor's Note: Form O is on file at the office of the welfare
official.
B.
Time limits for hearings. Hearings requested by claimants must be
held within seven working days of the receipt of the request. The
welfare official shall give notice to the claimant setting the time
and location of the hearing. This notice must be given to the claimant
at least 48 hours in advance of the hearing or mailed to the claimant
at least 72 hours in advance of the hearing.
C.
The fair hearing officer(s). The fair hearing officer(s) may be chosen
by the Board of Selectmen. The person(s) serving as the fair hearing
authority must:
(1)
Not have participated in the decision causing dissatisfaction;
(2)
Be impartial;
(3)
Be sufficiently skilled in interviewing to be able to obtain evidence
and facts necessary for a fair determination; and
(4)
Be capable of evaluating all evidence fairly and realistically, to
explain to the claimant the laws and regulations under which the welfare
official operated, and to interpret to the welfare official any evidence
of unsound, unclear or inequitable policies, practices or action.
D.
Fair hearing procedures.
(1)
All fair hearings shall be conducted in such a manner as to ensure
due process of law. Fair hearings shall not be conducted according
to strict rules of evidence. The burden of proof shall be on the claimant,
who shall be required to establish his/her case by a preponderance
of the evidence.
(2)
The welfare official responsible for the disputed decision shall
attend the hearing and testify about his/her actions and the reasons
therefor.
(3)
Both parties shall be given the opportunity to offer evidence and
explain their positions as fully and completely as they wish. The
claimant shall have the opportunity to present his/her own case or,
at the claimant's option, with the aid of others and to bring witnesses,
to establish all pertinent facts, to advance any arguments without
undue interference, and to question or refute testimony or evidence,
including the opportunity to confront and cross-examine adverse witnesses.
(4)
A claimant or his/her duly authorized representative has the right
to examine, prior to a fair hearing, all records, papers and documents
from the claimant's case file which either party may wish to introduce
at the fair hearing, as well as any available documents not contained
in the case file but relevant to the welfare official's action of
which the claimant complains. The claimant may introduce any such
documents, papers or records into evidence. No record, paper or document
which the claimant has requested to review but has not been allowed
to examine prior to the hearing shall be introduced at the hearing
or become part of the record.
(5)
The welfare official (or a duly authorized representative) shall
have the right to examine at the fair hearing all documents on which
the claimant plans to rely at the fair hearing and may request a twenty-four-hour
continuance if such documents contain evidence not previously provided
or disclosed by the claimant. Should the applicant have new documentation
relevant to the disputed decision, he/she may reapply for assistance
and file a written withdrawal of the fair hearing request.
(6)
The decision of the fair hearing officer(s) must be based solely
on the record, in light of these guidelines. Evidence, both written
and oral, which is admitted at the hearing shall be the sole contents
of the record. The fair hearing officer shall not review the case
record or other materials prior to introduction at the hearing.
(7)
The parties may stipulate to any facts.
(8)
All fair hearings may be tape-recorded and retained for six months.
E.
Decisions.
(1)
Fair hearing decisions shall be rendered within seven working days
of the hearing. Decisions shall be in writing setting forth the reasons
for decision and the facts on which the fair hearing officer relied
in reaching the decision. A copy of the decision shall be mailed or
delivered to the claimant and to the welfare official.
(2)
Fair hearing decisions will be rendered on the basis of the officer's
findings of fact, these guidelines and state and federal law. The
fair hearing decision shall set forth appropriate relief.
(3)
The decision shall be dated. In the case of a hearing to review a
denial of aid, the decision is retroactive to the date of the action
being appealed. If a claimant fails to prevail at the hearing, the
assistance given pending the hearing shall be a debt owed by the individual
to the municipality.
(4)
The welfare official shall keep all fair hearing decisions on file
in chronological order.
(5)
None of the procedures specified herein shall limit any right of
the applicant or recipient to subsequent court action to review or
challenge the adverse decision.
A.
Real estate. The law requires the municipality to place a lien for
welfare aid received on any real estate owned by an assisted person
in all cases except for just cause. (This section does not authorize
the placement of a lien on the real estate of legally liable relatives,
as defined by RSA 165:19.) The Selectmen shall file a notice of lien
with the County Registry of Deeds, complete with the owner's name
and a description of the property sufficient to identify it. Interest
at the rate of 6% per year, simple interest, shall be charged on the
amount of the lien commencing one year after the date the lien is
filed, unless waived by the municipality. Simple interest, not compounded
interest, will be used. The lien remains in effect until enforced
or released or until the amount of the lien is repaid to the municipality.
The lien shall not be enforced so long as the real estate is occupied
as the sole residence of the assisted person, his/her surviving spouse,
or his/her surviving children who are under age 18 or blind or permanently
and totally disabled. At such time as the lien may become enforceable,
the welfare officer shall attempt to contact the attorney handling
the real estate or estate before enforcing the lien. Upon repayment
of a lien, the municipality must file written notice of the discharge
of the lien with the County Registry of Deeds (RSA 165:28). A sample
notice of lien is included in Appendix E as Form R.[1]
B.
Civil judgments. RSA 165:28-a.
(1)
A municipality shall be entitled to a lien upon property passing
under the terms of a will or by intestate succession, a property settlement,
or a civil judgment for personal injuries (except workers' compensation)
awarded any person granted assistance by the municipality for the
amount of assistance granted by the municipality.
(2)
The municipality shall be entitled to the lien only if the assistance
was granted no more than six years before the receipt of the inheritance
or the award of the property settlement or civil judgment. When the
welfare officer becomes aware of such a claim against a civil judgment,
he/she shall contact the attorney representing the recipient.
(3)
This lien shall take precedence over all other claims.
The welfare official shall seek to recover money expended to
assist eligible applicants. There shall be no delay, refusal to assist,
reduction or termination of assistance while the welfare official
is pursuing the procedural or statutory avenues to secure reimbursement.
Any legal action to recover must be filed in a court within six years
after the expenditure. RSA 165:25.
A.
Recovery. The welfare official may seek recovery from legally responsible
relatives and shall seek to recover from the municipality of residence
the amount of money spent by the municipality to assist a recipient
who has a residence in another municipality. Written notice of money
spent in support of a recipient must be given to the welfare official
of the municipality of residence. In any civil action for recovery
brought under RSA 165:20, the court shall award costs to the prevailing
party. RSA 165:19 and RSA 165:20. (See RSA 165:20-a providing for
arbitration of such disputes between communities.)
B.
Recovery from former recipient's income. A former recipient who is
returned to an income status after receiving assistance may be required
to reimburse the municipality for the assistance provided, if such
reimbursement can be made without financial hardship. RSA 165:20-b.
C.
Recovery from state and federal sources. The amount of money spent
by a municipality to support a recipient who has made initial application
for SSI and has signed HHS Form 151 "Authorization for Reimbursement
of Interim Assistance" shall be recovered through the SSA and the
New Hampshire Department of Health and Human Services. Prescription
expenses paid by the municipality for applicants who have applied
for Medicaid shall be recovered through the New Hampshire Department
of Health and Human Services if and when the applicant is approved
for medical coverage.
D.
Delayed state claims. For those recipients of general assistance
deemed eligible for state assistance, the New Hampshire Department
of Health and Human Services shall reimburse a municipality the amount
of general assistance as a result of delays in processing within the
federally mandated time periods. Any claims for reimbursement shall
be held until the end of the fiscal year and may be reimbursed on
a prorated basis dependent upon the total claims filed per year. RSA
165:20-c. A Form 340 "Request for State Reimbursement" may be obtained
from the New Hampshire Department of Health and Human Services for
this purpose.
Whenever the owner of property rented to a person receiving
general assistance from the municipality is in arrears in sewer, water,
electricity, or tax payments to the municipality, the municipality
may apply the assistance which the property owner would have received
in payment of rent on behalf of such assisted person to the property
owner's delinquent balances, regardless of whether such delinquent
balances are in respect of property occupied by the assisted person.
RSA 165:4-a.
A.
Payment arrears. A payment shall be considered in arrears if more
than 30 days have elapsed since the mailing of the bill or, in the
case of real estate taxes, if interest has begun to accrue pursuant
to RSA 76:13. RSA 165:4-a.
C.
Procedure.
(1)
The welfare official will issue a voucher on behalf of the tenant
to the landlord for the allowed amount of rent. The voucher will indicate
any amount to be applied to a delinquent balance owed by the landlord,
specifying which delinquency and referring to the authority of RSA
165:4-a.
(2)
The welfare official will issue a duplicate voucher to the appropriate
department (i.e., tax collector, sewer department, water precinct,
municipal electric facility), which shall forward the voucher to the
treasurer or finance director for payment. Upon receipt of payment,
the department will issue a receipt of payment to the delinquent landlord.
