New Hampshire Employment Program and Family Assistance Program

Section 167:83

    167:83 Administration; Duties; Rulemaking. –
I. The commissioner shall provide:
(a) Cash benefits to needy families with dependent children.
(b) Assistance to parents and caretaker relatives of children in such families for employment searches, and other work preparation activities, work experience, and support services that the state considers appropriate to enable such families to achieve self-sufficiency.
(c) Special needs, emergency assistance, and other support and preventive services to parents and caretaker relatives of children in such families under RSA 167:7, V.
II. The commissioner shall adopt rules under RSA 541-A relative to:
(a) A system of hearings for filing a complaint or an appeal.
(b) Notification of case decisions which affect the type or amount of benefits, the level of eligibility, or changes in participation requirements.
(c) Verification of eligibility and program requirements.
(d) Redetermination of an assistance group's eligibility.
(e) The budgeting method for determining or estimating income and family circumstances for the period of the financial assistance payment.
(f) The frequency and distribution of financial assistance payments.
(g) Procedures for voluntary vendor payments.
(h) Assignment of protective payees.
(i) Procedures for reconciling incorrect payments.
(j) Performance standards and a quality control system.
(k) Fraud disqualification, including the treatment of needs, income, and resources of disqualified individuals.
(l) Requirements for proof of good cause claims.
(m) Procedures for counting income and resources of ineligible assistance group members.
(n) Child support payments made to the department directly by the participant.
(o) Operation of the employment program and employment-related activities as required by PRWORA, as amended by DRA, and federal regulations promulgated thereunder.
(p) [Repealed.]
(q) Modification of the work requirement for the child care scholarship program to include participation in an approved mental health or substance use disorder or substance misuse treatment program verified by a licensed physician, an advanced practice registered nurse (APRN), a licensed behavioral health professional, a licensed physician assistant, a licensed alcohol and drug counselor (LADC), a certified recovery support worker (CRSW), or a board-certified psychologist.
III. The department shall advise persons of the following rights:
(a) To apply for assistance and have a timely decision made on the application.
(b) To choose any person to assist them in any aspect of the eligibility process.
(c) To be notified of the decision relative to eligibility, benefit amounts, and of any changes which affect the benefit amount, the level of eligibility, or changes in participation requirements.
(d) To receive written information and be notified of the lump sum policy provisions at the time of application, redetermination, and report of lump sum income.
(e) To not be discriminated against because of gender, race, creed, color, sex, gender identity, sexual orientation, age, disability, political affiliation or beliefs, religion, or national origin.
(f) To request an administrative review or a fair hearing when they are dissatisfied with any action or inaction by the department which affects participation in the employment program, or benefit level or amount of assistance.
(g) To have all information concerning the person held confidential. Use or disclosure of information in case files shall be limited to persons directly involved in administration or enforcement of the employment program, or as otherwise permitted by policy or federal or state laws, or as provided in RSA 167:30.
(h) To be notified of eligibility requirements and actions the department shall take if the person does not comply with eligibility requirements.
(i) To unrestricted use of financial assistance.
(j) To any other rights as defined by the department by rules adopted pursuant to RSA 541-A as necessary to promote the purpose and goals of this subdivision.
IV. The department has the right to pursue and collect any child or spousal support payments made by a person not in the assistance group to benefit any family member of such person in the assistance group.
V. The commissioner may enter into an agreement or contract with the commissioner of the department of employment security to carry out the employment program and may delegate authority and duties for the employment program to the commissioner of the department of employment security and other state agencies. The commissioner shall adopt rules for the employment program.

Source. 1995, 310:62. 2006, 325:10-12. 2007, 349:13. 2010, Sp. Sess., 1:1. 2012, 171:26, X, eff. Aug. 10, 2012. 2018, 334:1, eff. June 30, 2019. 2019, 332:13, eff. Oct. 15, 2019.