He-W 700 Food Stamps

CHAPTER He-W 700 FOOD STAMPS

Statutory Authority: RSA 161:4-A, IV

REVISION NOTE:

Document #5133, effective 7-22-91, replaced all former rules of Chapter He-W 700. All prior filings for the sections in this chapter have expired. The filings prior to Document #5133 include the following documents:

2398, eff 6-30-83	2454, eff 8-30-83	2460, eff 8-31-83
2481(E), eff 8-31-83	2491, eff 10-1-83	2527(E), eff 10-21-83
2547(E), eff 12-2-83	2592, eff 1-20-84	2692, eff 4-24-84
2693, eff 4-24-84	2726, eff 5-24-84	2750, eff 6-14-84
2997, eff 3-27-85	3014, eff 5-8-85	3041, eff 6-26-85
3152(E), eff 11-20-85	3182, eff 1-22-86	4047(E), eff 4-30-86
4165, eff 11-6-86	4246, eff 3-30-87	4319, eff 10-1-87
4333, eff 10-27-87	4464, eff 8-3-88	4465, eff 8-3-88

CHAPTER He-W 700 FOOD STAMPS

PART He-W 701 DEFINITIONS

He-W 701.01 "Able bodied adult without dependents (ABAWD)" means an individual who is at least age 18 but younger than age 50 who does not have dependents, and is subject to special work requirements in order to receive food stamp benefits.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; ss by #7327, eff 8-1-00; ss by #9207, eff 7-19-08; ss by #11121, eff 7-19-16

He-W 701.02 RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; ss by #6672, eff 1-26-98; ss by #6825, eff 8-3-98, EXPIRED: 8-3-06

He-W 701.03 “Educational Income” means financial assistance, payments, loans, reimbursements, or allowances paid to or on behalf of post-secondary students.

He-W 701.04 “Electronic benefit transfer” (EBT) means the method of issuing food stamp benefits to an account which is accessed by an individual with a magnetic stripe debit card.

Source. #6549, eff 8-1-97; ss by #6672, eff 1-26-98; ss by #6825, eff 8-3-98; ss by #8715, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8822, eff 2-17-07; ss by #10767, eff 1-22-15

He-W 701.05 “Food stamp account” means the EBT account established by the department into which food stamp benefits are deposited for the purpose of purchasing food stamp eligible items, as determined by the U.S. Department of Agriculture, Food and Nutrition Service.

Source. #6549, eff 8-1-97; ss by #6672, eff 1-26-98; ss by #6825, eff 8-3-98; ss by #8715, INTERIM, eff 9-5-06, EXPIRES: 3-4-07

He-W 701.06 “Personal identification number” (PIN) means the 4-digit number used by a client to activate and control the use of the EBT card.

Source. #6825, eff 8-3-98; ss by #8715, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8822, eff 2-17-07; ss by #10767, eff 1-22-15

He-W 701.07 "Questionable" means any statement by a client which is inconsistent with other statements made by the same client, inconsistent with information provided on current or past applications for assistance, or inconsistent with information received by the department from other sources.

Source. #6825, eff 8-3-98; ss by #8715, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8822, eff 2-17-07; ss by #10767, eff 1-22-15

He-W 701.08 - RESERVED

Source. #6825, eff 8-3-98; ss by #6954, eff 3-3-99, EXPIRED: 3-3-07

He-W 701.09 - RESERVED

Source. #6825, eff 8-3-98; ss by #8715, INTERIM, eff 9-5-06, EXPIRED: 3-4-07

He-W 701.10 "Verification" means the use of third party documentation or third party information to establish the accuracy of statements by a client to the department.

Source. #6825, eff 8-3-98; ss by #8715, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8822, eff 2-17-07; ss by #10767, eff 1-22-15

PART He-W 702 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) BENEFIT ISSUANCE

He-W 702.01 Method of Issuance.

(a) Supplemental nutrition assistance program (SNAP) benefits shall be issued to eligible individuals through the electronic benefit transfer (EBT) system, pursuant to 7 CFR 274.1(b)(1).

(b) An individual who is determined eligible to receive SNAP benefits shall:

(1) Obtain an EBT card through:

a. The district office; or

b. The mail, from the department;

(2) Select a Personal Identification Number (PIN) for the EBT Card:

a. At the district office; or

b. Using an automated method made available through the department’s EBT contractor;

(3) Access the EBT account with the EBT card using the PIN; and

(4) Be responsible for the security of the EBT card and PIN.

(d) An individual or authorized representative (AR) obtaining an EBT card at the district office shall present proof of identity, pursuant to the examples of acceptable documentary evidence described at 7 CFR 273.2(f)(1)(vii), before being given the EBT card.

(e) An individual described in (b), above, shall be allowed to designate an AR, pursuant to He-W 603.01, to:

(1) Receive an EBT card on behalf of the individual and select a PIN for the card chosen by the AR;

(2) Obtain the card on the individual’s behalf for subsequent selection of a PIN by the individual using the automated method made available through the EBT contractor; or

(3) Perform the PIN selection at the district office for the individual with the PIN provided by the individual to the AR.

(f) An individual shall not obtain the AR’s EBT card on behalf of the AR when the individual has authorized the AR to receive the EBT card pursuant to (d) above.

(g) SNAP benefits which have not been accessed by the individual for a period of 365 calendar days after the date the benefits were issued shall be considered no longer available to the individual and permanently removed from the EBT account, pursuant to 7 CFR 274.2(h)(2).

(h) EBT benefits shall be replaced by the department pursuant to 7 CFR 274.6.

(i) An individual shall request a replacement EBT card through the department’s EBT contractor or the district office.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; ss by #6825, eff 8-3-98; ss by #6897, eff 12-1-98; ss by #8730, eff 9-26-06; ss by #9327, eff 11-21-08; ss by #12074, eff 12-23-16; ss by #12787, eff 7-1-19; ss by #13196, eff 4-24-21

He-W 702.02 RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97, EXPIRED: 8-1-05

He-W 702.03 Telephone Application.

(a) Applicants for food stamp benefits who request assistance via the telephone, shall be considered to have submitted an application as described in 7 CFR 273.2.

(b) The telephone application process pursuant to (a) above shall only be available as funding and resources within the current state fiscal year are available.

(c) All general, categorical, technical, and financial requirements that apply when an individual submits a written application, whether based on federal or state law, federal regulation, or published department rules, shall apply when an individual requests assistance via (a) above.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97, EXPIRED: 8-1-05

New. #9697, eff 4-23-10; ss by #12552, eff 6-20-18

PART He-W 703 RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97, EXPIRED: 8-1-05

PART He-W 704 CASE DECISIONS

He-W 704.01 – 704.03 - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91

He-W 704.04 Electronic Notification.

(a) Notices, as defined in 7 CFR 273.13, may be accessed electronically by the head of household, as defined in 7 CFR 273.1(d)(1), if the head of household:

(1) Chooses to access notices electronically;

(2) Has an email account able to receive notifications from the department;

(3) Provides the department with his or her email account address; and

(4) Activates an account through the department’s eligibility web portal.

(b) If the head of household chooses to access notices only electronically, no paper notices shall be sent to the head of household via the mail.

(c) If the head of household chooses to access notices only electronically, the head of household shall be responsible for the security and validity of the email account information provided to the department.

(d) All requirements that apply when the head of household receives a paper notice shall apply when the head of household chooses to access notices only electronically.

(e) If the head of household prefers to reestablish generation of paper notices sent via the mail and chooses not to use the department’s eligibility web portal to make this change, he or she shall submit a request to the department in writing and include the following information:

(1) The head of household’s printed name;

(2) The request to reestablish generation of paper notices;

(3) The case number or recipient identification number (RID) assigned to the head of household’s case; and

(4) The head of household’s signature.

(f) The date the department receives the completed request described in (e) above shall be the household’s filing date for the request to reestablish paper notices.

(g) Paper generation of notices shall be generated to the household’s mailing address within 10 days of the individual’s filing date described in (f) above.

Source. #9815, eff 11-19-10

He-W 704.05 Electronic Account Access.

(a) Electronic accounts that contain the head of household’s electronic notices of decisions (NODs) and other confidential case information shall be activated through the department’s eligibility web portal by:

(1) The head of household;

(2) The head of household’s guardian, conservator, or protective payee;

(3) An authorized representative or power of attorney chosen by the head of household; or

(4) An organization acting as the head of household’s guardian, conservator, protective payee, authorized representative, or power of attorney.

(b) If an organization acting as the head of household’s guardian, conservator, protective payee, authorized representative, or power of attorney chooses to access a head of household’s electronic account, the organization shall:

(1) Obtain the head of household’s permission to access the electronic account; and

(2) Register with the department by providing the following information:

a. The organization’s name, phone number, and street, mailing, and email address;

b. The name of a designated administrator for the organization who is responsible for maintaining confidentiality for the entire organization;

c. A 4-digit pin, chosen by the administrator, for security purposes; and

d. The administrator’s dated signature signifying an agreement to abide by confidentiality and disclosure policies, pursuant to RSA 167:31, RSA 167:32, and 7 CFR 272.1(c).

(c) A head of household shall not have access to an electronic account through the department’s eligibility web portal once the head of household has given permission to an organization to access the head of household’s electronic account.

(d) If the organization chooses to access NODs only electronically, with no paper NOD mailed, the organization shall be responsible for the security and validity of the email account information provided to the department.

(e) All requirements that apply when the head of household receives a paper NOD shall apply when the organization chooses to access NODs only electronically on behalf of the head of household.

(f) If the organization prefers to reestablish generation of paper NODs sent via the mail the organization shall do so using the department’s eligibility web portal to make this change.

Source. #10729, eff 11-25-14

PARTS He-W 705 through He-W 707 - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91

PART He-W 708 CLAIMS AGAINST HOUSEHOLDS

He-W 708.01 Collection Action on Claims.

(a) In accordance with 7 CFR 273.18(e)(2)(i), the department shall not pursue payment of an agency error (AE) claim, as described in 7 CFR 273.18(b)(3), when the gross AE claim is less than $450.

(b) Collection on court adjudicated claims shall be conducted as follows:

(1) When criminal or civil proceedings are brought against an individual suspected of intentional program violation (IPV) as defined in 7 CFR 273.16, the following shall apply:

a. If the court orders the individual to make restitution to the department, the court's directive on the method and schedule of repayment shall be followed; or

b. If the recipient is fined and/or imprisoned and no repayment is ordered by the court, collection action shall be pursued; and

(2) If criminal proceedings are brought against the individual and a verdict of not guilty is rendered, the department shall pursue collection action in the instance when a court's verdict does not relate to:

a. Whether an overpayment has occurred; or

b. Whether repayment to the department is required.

(c) When it is determined that a collection action will prejudice the case, the department shall postpone a collection action on an inadvertent household error (IHE) claim, as described in 7 CFR 273.18(b)(2), being referred for:

(1) Possible prosecution; or

(2) Administrative disqualification in accordance with 7 CFR 273.16.

(d) In accordance with 7 CFR 273.18(e)(7)(i), the department shall reduce the amount of an AE claim, pursuant to (g) below, if the AE claim cannot be repaid by the household in 3 years.

(e) Pursuant to 7 CFR 273.18(e)(7)(ii), the full amount of the claim shall be used, including any amount compromised pursuant to (g)(2) below, when offsetting benefits in accordance with 7 CFR 273.17.

(f) Pursuant to (d) above and regardless of the household’s current eligibility status, the household’s repayment amount shall be calculated by multiplying 10 percent of the household’s current monthly allotment or $10, whichever is greater, by 36 months.

(g) If the household’s repayment amount calculated in (f) above is:

(1) Equal to or greater than the AE claim amount, the AE claim amount shall not be reduced; or

(2) Less than the AE claim amount:

a. The repayment amount calculated in (f) above shall become the reduced AE claim amount; and

b. The difference between the repayment amount calculated in (f) above and the AE claim amount shall be the compromised amount, pursuant to 7 CFR 273.18(e)(7)(i).

(h) If a settlement cannot be reached within 30 days of the date the household requested a renegotiation of the original payment schedule, the department shall reduce the allotment amount of a currently participating household for repayment of a claim in accordance with 7 CFR 273.18(g).

(i) If overpayment on a claim occurs, the household shall be repaid within 10 calendar days of the date the overpayment was discovered, pursuant to 7 CFR 273.17.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; amd by #8388, eff 7-8-05; paragraphs (d)-(f) EXPIRED: 8-1-05; ss by #10368, eff 7-8-13

PART He-W 709 ADMINISTRATIVE DISQUALIFICATION HEARINGS ON INTENTIONAL PROGRAM VIOLATION

He-W 709.01 RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; EXPIRED: 8-1-05

He-W 709.0 Waived Hearings. An individual accused of an intentional program violation may waive the individual’s right to an administrative disqualification hearing in accordance with 7 CFR 273.16(f).

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; ss by #8388, eff 7-8-05; ss by #10368, eff 7-8-13; ss by #13527, eff 1-24-23

He-W 709.03 Timeframe for Signing Waivers. In accordance with 7 CFR 273.16(f)(1)(ii)(A), the household shall have 10 days from the postmark date of the waiver to sign and return the waiver to avoid an administrative disqualification hearing being scheduled.

PARTS He-W 710 through He-W 721 - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; rpld by #6549, eff 8-1-97

PART He-W 722 INTERVIEWING HOUSEHOLDS

He-W 722.01 Interview Requirements.

(a) Households for whom the face-to-face office interview is waived in accordance with 7 CFR 273.2(e)(2) shall participate in a telephone interview.

(b) The casehead or authorized representative shall review the summary of the information provided during the interview with the department’s representative who conducted the interview, and:

(1) Make any corrections to the information, if needed; and

(2) Sign and initial the summary where indicated, attesting to the truthfulness and accuracy of the information provided.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; amd by #6826, eff 8-3-98; amd by #6896, eff 12-1-98; amd by #8388, eff 7-8-05; paragraph (a) EXPIRED: 8-1-05; amd by #8730, eff 9-26-06; ss by #10368, eff 7-8-13

PART He-W 723 - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91

PART He-W 724 VERIFICATION REQUIREMENTS

He-W 724.01 Required Verification.

(a) When a newly arrived resident of the state applies for food stamps at the department of health and human services (DHHS), DHHS shall contact the state in which the household previously resided to determine whether the household already received food stamps for the month of application, subject to 7 CFR 273.3(a).

(b) The applicant or recipient shall provide to DHHS within 10 calendar days of the date of the request verification regarding excluded income as follows:

(1) For loan income, the applicant or recipient shall provide to DHHS a statement signed by the lender and the lendee indicating that the payment is a loan and must be repaid;

(2) If a household receives payments on a recurrent and regular basis from the same source, but claims the payments are loans, the applicant or recipient shall sign an affidavit which states:

a. That repayments are being made or shall be made; and

b. The repayment schedule.

(c) The applicant or recipient shall provide to DHHS within 10 calendar days of the date of the request proof of work registration exemptions as follows:

(1) For an exemption due to the age of a child pursuant to 7 CFR 273.7(b)(1)(iv), the applicant or recipient shall:

a. Be the child's parent, foster parent, stepparent, adoptive parent, guardian, adult with legal custody, or when no parent resides in the household, a member of the household exercising parental control; and

b. Provide documentation, such as a birth certificate, which substantiates the child's date of birth;

(2) For an exemption due to employment of 30 hours per week, the applicant or recipient shall provide documentation or information that establishes the accuracy of statements regarding the number of hours worked;

(3) For an exemption due to self-employment, the applicant or recipient shall provide documentation or information that establishes the accuracy of statements regarding the number of hours worked; and

(4) For an exemption due to self-employment, the applicant or recipient who has been self-employed for 18 consecutive calendar months or more shall show that this has resulted in weekly net income equal to at least 30 hours multiplied by the current federal minimum wage for 6 of the most recent 12 calendar months.

(d) For an exemption due to:

(1) Being physically or mentally unfit for employment pursuant to 7 CFR 273.7(b)(1)(ii), the applicant or recipient shall provide to DHHS within 10 calendar days of the date of the request:

a. Documentation which indicates that a household member is receiving temporary or permanent disability benefits issued by governmental or private sources; or

b. A statement from a licensed physician or licensed or certified psychologist;

(2) Receipt of earnings above the minimum specified by 7 CFR 273.5(b)(5), the self-employed student shall provide to DHHS within 10 calendar days of the date of the request documentation or information which indicates that weekly earnings are 20 times the federal minimum hourly wage;

(3) Lack of adequate child care, the applicant or recipient shall provide to DHHS within 10 calendar days of the date of the request a written statement that adequate child care is not available for a child age 6 through 11 years;

(4) Continuous enrollment in an institution of higher education, the student shall provide to DHHS within 10 calendar days of the date of the request a written statement regarding his or her intent to return or register for the next normal school term;

(5) Being younger than 16 years of age or older than 60 years of age, pursuant to 7 CFR 273.7(b)(1)(i), the applicant or recipient shall provide documentation, such as a birth certificate, which substantiates the individual’s date of birth within 10 calendar days of the date of the request; and

(6) Participation in a drug addiction or alcoholic treatment and rehabilitation program, the applicant shall provide documentation from the program demonstrating his or her current enrollment, if federal law provides for such an exemption.

(e) Pursuant to 7 CFR 273.2(f)(1)(v), the applicant shall verify to DHHS within 10 calendar days of the date of the request his or her Social Security Account Number (SSN) or application for an SSN card either:

(1) By providing a SSN card issued to the individual by the Social Security Administration (SSA); or

(2) By submitting proof issued from the SSA that:

a. The individual has applied for an SSN; or

b. If a newborn infant, that an SSN has been applied for on behalf of the newborn.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; amd and moved by #6549, eff 8-1-97 (formerly He-W 724.03, originally #6446, eff 2-1-97); amd by #6726, eff 4-1-98; amd by #6744, eff 5-1-98; amd by #6836, eff 8-26-98; amd by #6954, eff 3-3-99; amd by #7391, eff 12-1-00; amd by #7962, eff 10-1-03; amd by #8388, eff 7-8-05; amd by #8715, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; paragraphs (b), (c)(3), (d), (e), (j)(1)-(10) & (k) EXPIRED: 8-1-05

New. #9174, eff 6-7-08; amd by #9763, eff 7-30-10; ss by #11141, eff 7-22-16

PARTS He-W 725 through He-W 731 - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91

PART He-W 732 SOCIAL SECURITY ENUMERATION

He-W 732.01 Social Security Enumeration Requirements.

(a) Pursuant to 7 CFR 273.6(d), good cause for failing to provide an SSN shall include:

(1) Delays in obtaining required proof because another agency, such as the town clerk's office, is not able to process the individual's request for documents in a timely manner;

(2) Agency inability to provide proof because its records have been destroyed; or

(3) Other circumstances beyond the individual’s control.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; amd by #6836, eff 8-26-98; amd by #8388, eff 7-8-05; paragraphs (c), (d) & (f) EXPIRED: 8-1-05; paragraphs (a) & (b) EXPIRED: 8-26-06; ss by #10368, eff 7-8-13

PART He-W 733 - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91

PART He-W 734 DISQUALIFICATIONS

He-W 734.01 Disqualifications for Voluntary Quit.

(a) Pursuant to 7 CFR 273.7(j)(1)-(2), an individual shall be temporarily disqualified for food stamp benefits for the period specified in (b) below if the individual has voluntarily quit employment or voluntarily reduced his or her work effort without good cause, as described in 7 CFR 273.7(i), within 30 days prior to application or at any time while receiving benefits.

(b) If an otherwise eligible individual has been disqualified from receipt of food stamp benefits due to (a) above, the minimum mandatory sanction, pursuant to 7 CFR 273.7(f)(2) and (j)(3)(vi), shall be applied as follows:

(1) One month for the first violation;

(2) Three months for the second violation; and

(3) Six months for the third and subsequent violations.

New. #11122, eff 7-1-16

He-W 734.02 - RESERVED

Source. #6549, eff 8-1-97; rpld by #7510, eff 7-1-01

He-W 734.03 Child Support. Arrearage in court-ordered child support shall not be cause for disqualification.

Source. #6549, eff 8-1-97; ss by #8388, eff 7-8-05; ss by #10368, eff 7-8-13; ss by #13543, eff 1-28-23

He-W 734.04 Work Requirements. The household shall not be disqualified because the head of household is disqualified under work requirements, pursuant to 7 CFR 273.7(f)(5).

Source. #6549, eff 8-1-97; ss by #8388, eff 7-8-05; ss by #10368, eff 7-8-13; ss by #13543, eff 1-28-23

PARTS He-W 735 through He-W 739 - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; rpld and rsvd by #6549, eff 8-1-97

PART He-W 740 INCOME

He-W 740.01 Excluded Income.

(a) Pursuant to 7 CFR 273.9(c)(3), all educational income, as defined in He-W 701.03, shall be excluded regardless of its source or how it is spent.

(b) To qualify for the exclusion in (a) above, an individual shall be attending the institution at least half-time as determined by the institution of post-secondary education.

(d) The exclusion of payments made to individuals from AmeriCorps Volunteers in Service to America (VISTA) shall not be altered by a temporary interruption in receipt of SNAP benefits when determining income eligibility pursuant to 7 CFR 273.9(c)(10)(iii), if the temporary interruption is not more than 60 days and is:

(1) Due to the individual’s failure to recertify timely for SNAP eligibility pursuant to He-W 766.01; or

(2) Caused by the individual’s reassignment to a VISTA location in another state that necessitates the individual’s reapplication for SNAP benefits in that state.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; rpld and rsvd by #6549, eff 8-1-97

New. #6672, eff 1-26-98; amd by #7767, eff 10-1-02; amd by #8546, eff 1-24-06; ss by #9788, eff 10-1-10; amd by #10289, eff 3-20-13; ss by #12714, eff 1-23-19

PART He-W 741 RESOURCES

He-W 741.01 Excluded Resources.

(a) When determining resource eligibility for SNAP benefits, household vehicles shall be excluded pursuant to 7 CFR 273.8(e)(3).

(b) A vehicle not excluded by (a) above shall be excluded when the vehicle is:

(1) Leased;

(2) Jointly owned with a non-household member; or

(3) Unregistered and:

a. Used only to supply parts for the household’s main vehicle;

b. Is in such dilapidated condition that it cannot be reasonably repaired for sale or use; or

c. Can only be sold for scrap or parts.

(c) In addition to household vehicles as described in (a) and (b) above, one additional vehicle per adult AG member shall be excluded as a resource, regardless of value or ownership, so long as the total number of vehicles excluded does not exceed the number of adult household members.

(d) Vehicles excluded in (c) above shall include vehicles belonging to minors in the household so long as the total number of vehicles excluded does not exceed the number of adult household members.

(e) If the equity value of countable real property alone or in combination with other countable resources exceeds the resource limit when determining resource eligibility for SNAP benefits, the household shall take action to dispose of the property within 6 months of being notified by the department of health and human services (DHHS) that the property is required to be liquidated and:

(1) The equity value of the property shall not be counted during the disposal period;

(2) The disposal period shall be extended in 3 month increments as long as the individual verifies that action has been taken to sell the property and that there are valid reasons for an inability to sell the property;

(3) If disposal does not occur within the disposal period, SNAP benefits shall be denied or terminated; and

(4) When the property is sold, the net proceeds from the sale of the property shall be counted as a lump sum resource pursuant to 7 CFR 273.8.

Source. #7510, eff 7-1-01; amd by #7767, eff 10-1-02; ss by #9534, eff 9-1-09; ss #12402, eff 10-20-17

PART He-W 742 ALLOWABLE INCOME DEDUCTIONS

He-W 742.01 Mileage for Medical Travel. A member of a household qualifying as elderly or disabled as defined in 7 CFR 271.2, using a vehicle owned by the individual for travel related to medical needs shall be allowed to claim unreimbursed cost of travel as a deduction. The medical travel expense deduction shall be determined by multiplying the number of miles traveled related to medical needs by the federal mileage rate for medical travel, as determined annually by the Internal Revenue Service.

He-W 742.02 Utility Expenses Incurred Separately.

(a) In accordance with 7 CFR 273.9(d)(6)(iii), standard utility allowances (SUA) shall be used to represent how much a household, as defined in 7 CFR 273.1(a), pays for one of the following shelter costs separate and apart from the household’s monthly rent or mortgage payments:

(1) Heating or cooling;

(2) Utilities only;

(3) Electric only;

(4) Telephone only; or

(5) Internet only.

(b) The standard monthly SUA amounts shall be as listed in Table 700-1, SUA, below and the amounts are established per (l) below;

Table 700-1, SUA

SUA	Monthly Dollar Allowance
Heating or Cooling SUA	$965
Utilities only SUA	$353
Electric only SUA	$206
Telephone only SUA	$37
Internet only SUA	$50

(c) The heating or cooling SUA amount in (a)(1) above shall be a monthly allowance used to calculate shelter costs for households that incur a heating or cooling expense, including central or room air conditioner, separate and apart from the household’s rent or mortgage payments, pursuant to 7 CFR 273.9(d)(6)(iii).

(d) The utilities only SUA described in (a)(2) above shall:

(1) Be a monthly utility allowance used to calculate shelter costs for households that incur a minimum of 2 utility expenses and do not incur heating or cooling expenses separate and apart from the household’s rent or mortgage payments; and

(2) Represent monthly household expenses incurred for cooking fuel, water, sewage, trash removal, electricity not used to heat or cool the household, internet service, and the basic service fee for one telephone or cell phone.

(e) The electric only SUA described in (a)(3) above shall be used to calculate shelter costs for any household in which the only expense incurred by the household separate and apart from rent or mortgage payments are for electric costs not used to heat or cool the household.

(f) The internet only SUA described in (a)(5) above shall be used to calculate shelter costs for any household in which the only expense incurred separate and apart from rent or mortgage payments is for internet service, even if actual internet services costs are higher or lower than the standard.

(g) The telephone only SUA described in (a)(4) above shall be used to calculate shelter costs for any household in which:

(1) The only costs incurred by a household separate and apart from rent or mortgage payments are for regular household telephone or cell phone services, even if actual household telephone or cell phone expenses are higher or lower than the standard amounts in Table 700-1, SUA above; or

(2) The household does not have regular household telephone or cell phone service but incurs costs separate and apart from rent or mortgage payments for phone expenses, even if actual household phone expenses are higher or lower than the telephone only SUA amount.

(h) The telephone only SUA amount described in (g) above shall not include the costs incurred by a household to purchase a cellular phone.

(i) Households that share utility costs and are entitled to a utility allowance shall be granted the appropriate standard utility allowance, as described in (a) above, regardless of whether all households receive SNAP.

(j) For the purposes of meeting the 2 utility criteria in (d) above, ownership and use of a well or septic system by the household shall be considered a verified utility expense for the household and shall count as a utility cost.

(k) When the "Consumer Price Index" (CPI) for updating the SUAs is referred to, the New England Consumer Price Index Card for all urban consumers (CPI-U) for the Northeast region, not seasonally adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics shall be used.

(l) Pursuant to 7 CFR 273.9(d)(6)(iii)(B), the SUAs shall be equal to the standard amounts in Table 700-1, SUA, and every SUA except for the internet only SUA shall be updated for October 1 of each year, as cited in Appendix B, by:

(1) Multiplying the current SUA amount by the average CPI percent of change in the cost of fuel and utilities from the previous year to the current year, using the most recent 12-month period available, in accordance with (k) above;

(2) Adding the product derived in (l)(1) above to the current SUA amount; and

(3) Rounding the SUA amount derived in (l)(2) above to the nearest whole dollar, if necessary.

(m) If the most recent CPI average percent change described in (l)(1) is zero, there shall be no change to the SUA amounts.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; amd by #7136, eff 11-23-99; ss by #7510, eff 7-1-01; amd by #7767, eff 10-1-02; amd by #8378 eff 7-1-05; ss by #9534, eff 9-1-09; ss by #10713, eff 11-5-14; ss by #11041, eff 2-24-16; amd by #11057, INTERIM, eff 3-24-16, EXPIRES: 9-20-16; amd by #11188, eff 9-20-16; amd by #12369, eff 8-25-17; amd by #12703, eff 1-3-19; amd by #12927, eff 11-26-19; ss by #13565, eff 2-22-23

PART He-W 743 - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91

PART He-W 744 DETERMINATION OF MONTHLY FOOD STAMP INCOME AND DEDUCTIONS AND HOUSEHOLD ELIGIBILITY

He-W 744.01 Averaging Income. Income received on a weekly, biweekly, or semi-monthly basis shall be converted to a monthly amount as follows:

(a) The income amount shall be multiplied by a factor of 4.33 for weekly amounts, 2.17 for biweekly amounts, and 2 for semi-monthly amounts; and

(b) The result shall be carried out to 2 decimal places and shall not be rounded up or down.

He-W 744.02 Ineligible Alien Income and Financial Resources. The eligibility and allotment amount of a household that includes an ineligible alien member shall be determined by:

(a) Counting the alien's income, minus a pro-rated share; and

(b) Counting the alien’s resources as 100% available, pursuant to 7 CFR 273.11(c)(3)(i).

He-W 744.03 Fluctuating Income.

(a) “Best estimate” means an expectation of income to be received by a client determined by evaluating past, present and anticipated significant and non-significant income changes.

(b) “Fluctuating income” means:

(1) Earned income that varies from month to month such as when an individual works varying hours, overtime or on a piece work basis; or

(2) Unearned income that varies from month to month due to changes in frequency or amount.

(c) “Non-significant changes” means any temporary or short-term variations in the amount of earned or unearned income caused by a situation which is not ongoing.

(d) “Significant changes” means changes in sources or amounts of earned or unearned income which are:

(1) Expected to continue into the future; or

(2) Short-term, but will last long enough to affect at least one food stamp benefit issuance.

(e) The department shall convert fluctuating income to a monthly amount pursuant to He-W 744.01 by averaging income for the most recent consecutive 4 weeks when such income represents a best estimate of future income pursuant to (a) above as verified by third party documentation pursuant to He-W 701.10.

(f) Income received during weeks with non-significant income changes pursuant to (c) above shall not be used to determine the average monthly amount.

(g) When the average monthly amount determined in (e) above does not represent a best estimate of future income pursuant to (a) above, the average monthly amount shall be determined as follows:

(1) Only data for weeks that accurately represent past earnings, up to a maximum of 8 weeks’ data, shall be included;

(2) The average weekly income shall be determined using the data from the weeks identified in (1) above; and

(3) The appropriate multiplier under He-W 744.01 shall be used to convert average weekly income to a monthly amount.

(h) When income has been received for less than 4 consecutive weeks, the best estimate of future income pursuant to (a) above, shall be determined by computing a monthly average based on the actual number of weeks the income was received.

(i) The following shall apply to self-employment income:

(1) If self-employment income is the only income received from employment in a 12-month period, it will be averaged over a 12-month period;

(2) If self-employment income is the only income received from employment in a period of fewer than 12 months, it will be averaged over the number of months it was received; and

(3) If self-employment income is not the only income received from employment, it will be treated as income in the months received and will not be averaged.

(j) The estimated average monthly gross earned income pursuant to 7 CFR 273.10(c)(3), shall be used until the next redetermination of eligibility.

(k) The estimated average monthly gross earned self-employment income pursuant to 7 CFR 273.10(c)(3) and 7 CFR 273.11(a), shall be used for one year.

Source. #6826, eff 8-3-98; amd by #7722, eff 7-1-02; amd by #8715, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8822, eff 2-17-07; ss by #10767, eff 1-22-15

PART He-W 745 - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91

PART He-W 746 ACTIONS ON ELIGIBLE HOUSEHOLDS

He-W 746.01 Determination of the Monthly Allotment.

(a) Applicant or recipient households that are eligible for zero benefits shall be denied or closed.

(b) When an otherwise eligible individual has been disqualified at application due to voluntarily quitting employment within the 60 days prior to application, and the disqualification period has ended, the needs of the individual shall be included effective with the first allotment issued following the end of the disqualification.

(c) Pursuant to 7 CFR 273.7(k), the cash value of a household's food stamp allotment shall not be diverted to subsidize a job for a household member participating in a work supplementation or support program under which public assistance is provided to an employer to be used for hiring and employing a public assistance recipient.

(d) When a household applies and is eligible for expedited food stamps after the 15^th day of the month, the household’s initial allotment shall be equal to the allotment amount to which the household is entitled for the initial month and not be combined with the allotment for the next calendar month.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; amd by #6875, eff 10-24-98; amd by #8388, eff 7-8-05; amd by #8730, eff 9-26-06; ss by #10368, eff 7-8-13

He-W 746.02 Establishing Certification Periods.

(a) In accordance with 7 CFR 273.10(f) and He-W 684.02(d), up to 12 months certification shall be allowed for households where:

(1) Income and circumstances are very stable as described in 7 CFR 273.10(f), and all individuals are disabled or elderly; or

(2) The only source of income is from self-employment.

(b) In accordance with 7 CFR 273.10(f) and He-W 684.02(d), up to 6 months certification shall be allowed for households where:

(1) There is little likelihood of changes in income and household circumstances;

(2) A household that had been certified for 12 months provided information which resulted in incorrect benefits;

(3) The household receives or is eligible for assistance payments and the household expenses do not exceed its income;

(4) A household receives earned income or unemployment compensation;

(5) The household’s income is from self-employment and includes one or more individuals with unstable circumstances as described in 7 CFR 273.10(f)(3); or

(6) After the initial 4-month certification period, the household meets one or more criteria specified in (b)(1)-(5) above.

(c) In accordance with 7 CFR 273.10(f) and He-W 684.02(d), up to 4 months certification shall be allowed for households where:

(1) Expenses exceed household income;

(2) A member is a potential wage earner;

(3) The household’s situation is unstable as described in 7 CFR 273.10(f)(3); or

(4) At least one member is an able bodied adult without dependents as defined in He-W 701.01.

(d) One month certification shall be allowed for households where imminent changes are expected pursuant to 7 CFR 273.10(f)(3)(iii).

(e) For a household where one or more members are subject to lockout or are on strike, the following certification periods shall apply:

(1) One month certification for a household that applies before the 15th of the month; and

(2) Two months certification for a household that applies after the 15th of the month.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; ss by #7282, eff 6-1-00; amd by #7510, eff 7-1-01; ss by #9174, eff 6-7-08; ss by #11141, eff 7-22-16

He-W 746.03 Withdrawal of Fair Hearing Requests. Households withdrawing fair hearing requests may do so in writing or verbally.

PART He-W 747 - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91

PART He-W 748 EMPLOYMENT AND TRAINING REQUIREMENTS

He-W 748.01 Reimbursement for Mileage.

(a) Individuals participating in the food stamp employment and training (FSET) job search program, pursuant to 7 USC 2015(d)(4)(B)(i), shall be provided mileage reimbursement as described in (c) below as funding and resources for FSET within the current federal fiscal year allow.

(b) Pursuant to 7 USC 2015(d)(4)(I)(i)(I), mileage reimbursement shall be paid for the actual cost of transportation as determined pursuant to (c) below.

(1) Be calculated by multiplying the actual number of miles traveled by the participant in the FSET job search program by the current mileage reimbursement rate, as described in He-W 655.06(e)(2)a.; and

(2) Not exceed $100 per month.

(d) Food stamp recipients participating in the food stamp employment and training job search program, pursuant to 7 USC 2015(d)(4)(B)(i), shall be eligible to receive mileage reimbursement when the following conditions are met:

(1) The documented costs of mileage is for the sole purpose of searching for employment;

(2) Job search documentation includes:

a. The date the mileage costs were incurred;

b. The employer’s name, address, phone number, and the name of the person contacted during the job search activity;

c. The position or type of work that was associated with the job search activity;

d. The specific actions taken during the job search activity;

e. The miles traveled;

f. The participant’s printed name and dated signature attesting under the penalty of unsworn falsification, pursuant to RSA 641:3, that the job search documentation provided is true and accurate;

g. The participant’s recipient identification (RID) number; and

(3) Documentation is submitted no later than 90 days from the date of travel.

(e) To remain eligible for mileage reimbursement, participants in the FSET job search program who have received mileage reimbursement for 12 or more months over his or her lifetime receipt of food stamp benefits shall:

(1) Participate in a reassessment every 6 months to determine the FSET participant’s abilities, skills, and barriers to employment while continuing to search for employment; and

(2) Provide monthly verification of utilization of NH works offices to aid in job search efforts.

(f) Mileage reimbursement shall be issued as a cash deposit into the recipient’s:

(1) Bank account through the electronic funds transfer (EFT) system, as defined in He-W 601.03(n); or

(2) EBT account, as defined in He-W 701.04, or another electronic payment card provided by the department if the recipient does not have a bank account or the recipient’s bank does not accept direct deposit.

(g) Participants shall be provided mileage reimbursement in the order that the participant’s documentation in (d)(2) is received.

Source. #6549, eff 8-1-97; ss by #7767, eff 10-1-02; ss by #8004, eff 12-13-03; ss by #9763, eff 7-30-10; ss by #10989, eff 1-1-16

He-W 748.02 - RESERVED

Source. #6549, eff 8-1-97, EXPIRED: 8-1-05

New. #8715, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by 8822, eff 2-17-07; rpld by #9763, eff 7-30-10

He-W 748.03 - RESERVED

Source. #7391, eff 12-1-00; ss by #9327, eff 11-21-08; rpld by #9763, eff 7-30-10

PART He-W 749 - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91

PART He-W 750 ACTIONS BECAUSE OF DELAYED ELIGIBILITY DETERMINATIONS

He-W 750.01 Actions Because of Delayed Eligibility Determinations. Pursuant to 7 CFR 273.2(h)(3)(i), if the department has not taken all required actions to determine eligibility within the first 30 days from date of application and the household has not provided all required verification, the household shall be allowed an additional 30 days from the initial request for the verification to provide the verification that is missing.

PART He-W 751 Reporting Requirements

He-W 751.01 Change Reporting Requirements.

(a) Pursuant to 7 CFR 273.12(a)(5), households certified for 4, 5, and 6 months shall be required to report changes that cause the household's gross monthly income to exceed 130% of the federal poverty income level for the household size.

(b) All households except for those described in (a) above, shall be required to report:

(1) Changes in gross monthly earned income if the amount changes by more than $100 in any one month during the certification period; and

(2) Changes in gross monthly unearned income from sources other than federal or federally aided public assistance programs, if the amount changes by more than $100 in any one month during the certification period.

(c) Households shall not be required to report any change in unearned income pursuant to (b) above, when the household's income has been averaged over the certification period in accordance with 7 CFR 273.10(c)(3).

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6446, eff 2-1-97; ss by #7767, eff 10-1-02; ss by #8004, eff 12-13-03; ss by #9987, eff 11-1-11

PART He-W 752 NOTICES TO CLIENTS

He-W 752.01 Change Report Form.

(a) To determine if a change is reported timely in accordance with 7 CFR 273.12, the department shall use the date the report of the change is received by the household's district office.

(b) In accordance with 7 CFR 273.12(c)(1)(iii), the client shall provide verification, as defined in He-W 701.10, of any reported changes which would result in an increase in the household's benefits before the department act on the changes.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; amd and moved by #6549, eff 8-1-97 (formerly He-W 752.05, originally #6446, eff 2-1-97); amd by #8270, eff 2-1-05; amd by #8388, eff 7-8-05; paragraphs (a) & (b) EXPIRED: 8-1-05; ss by #10275, eff 2-21-13

PARTS He-W 753 through He-W 755 - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91

PART He-W 756 DETERMINATION OF ELIGIBILITY FOR SPECIAL SITUATION HOUSEHOLDS

He-W 756.01 Households with Shared Custody of Children.

(a) When a casehead in food stamp household x claims a child as a member of their food stamp household, but the child is currently included as a member in food stamp household y, the casehead of food stamp household x shall provide to the district office supervisor, or designee, one of the following documents:

(1) If the child is under the age of 18, a signed statement from the casehead of food stamp household y which states the child resides in food stamp household x; or

(2) If the child is at least age 18 but under the age of 22, a signed statement from the child stating the child resides in food stamp household x.

(b) The child shall be removed from food stamp household y and placed in food stamp household x within 30 calendar days of the documentation described in (a) above being received by the department.

(c) If the documentation described in (a) above cannot be provided, the casehead of food stamp household x shall provide to the district office supervisor, or designee, the following types of documentation, including, but not limited to:

(1) Court order in which the dates and information in the order indicate that food stamp household x legally has physical custody of the child more than 50% of the time;

(2) Current school records which indicate that the child currently resides in food stamp household x;

(3) Current medical records which indicate that the child currently resides in food stamp household x; or

(4) Current day care records which indicate that the child currently resides in food stamp household x.

(d) The district office supervisor, or designee, shall review the documentation described in (c) above to determine if the documentation verifies that the child resides in household x more than 50% of the time.

(e) The child shall be removed from food stamp household y and placed in food stamp household x within 30 calendar days of the district office supervisor, or designee, reaching the determination as described in (d) above.

(f) The child shall remain in household y in accordance with 7 CFR 273.3(a) when:

(1) Household x fails to provide the documentation described in (a) or (c) above within 10 calendar days of the request to add the child to their household; or

(2) The documentation described in (c) above does not prove that the child resides in household x more than 50% of the time.

(g) If a court order and all other documentation described in (c) above indicates the child resides in food stamp household x exactly 50% of the time, the casehead of food stamp household x shall provide to the district office supervisor, or designee, the parenting plan of the court order indicating the number of meal time hours the child has resided in food stamp household x for the previous 6 months.

(h) Meal time hours as described in (g) above shall be defined as breakfast, lunch, and dinner, as follows:

(1) Breakfast time hours shall be the hours between 12:00 a.m. and 10:00 a.m.;

(2) Lunch time hours shall be the hours between 10:01 a.m. and 3:00 p.m.; and

(3) Dinner time hours shall be the hours between 3:01 p.m. and 11:59 p.m.

(i) The child shall be removed from food stamp household y and placed in food stamp household x, within 30 calendar days, when the documentation described in (g) indicates the child resided in food stamp household x more than 50% of meal time hours for the previous 6 months.

(j) The child shall remain in household y in accordance with 7 CFR 273.3(a) when:

(1) Household x fails to provide the documentation described in (g) above within 10 calendar days of the request to add the child to their household; or

(2) The documentation described in (g) above does not prove that the child resided in household x more than 50% of meal time hours for the previous 6 months.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97, EXPIRED: 8-1-05

New. #10404, eff 9-3-13

He-W 756.02 Households Receiving or Paying Child Support.

(a) Applicants and recipients who live with and exercise parental control over children under 18 years of age, whose absent parents are not providing appropriate support, shall not be required to cooperate with the child support enforcement program as a condition of eligibility.

(b) Payment of legally obligated child support shall not be a condition of eligibility for non-custodial parents.

He-W 756.03 Households in Community Residences.

(a) Individuals meeting the following criteria shall be treated as a household of one:

(1) Developmentally disabled individuals covered under home and community care for the developmentally disabled; and

(2) Individuals living independently in the department's certified private rental residences whose financial and medical eligibility is determined in accordance with community residence policy.

(b) Individuals living in arrangements under (a) above shall be considered, for determining eligibility, to have a $392 shelter cost, heat and utilities included.

He-W 756.04 Self-employment.

(a) Except for income from boarders, gross income from self-employment shall be the income remaining after deducting business expenses pursuant to 7 CFR 273.11(b).

(b) Gross income from boarders shall be the income remaining after deducting the greater of the maximum monthly SNAP allotment for the number of boarders, or actual expenses, if claimed and verified.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; ss by #7510, eff 7-1-01; ss by #9534, eff 9-1-09; ss by #12402, eff 10-20-17

He-W 756.05 Adopted Children Age 18 up to Age 22 Residing with a Birthparent Who Has Relinquished Parental Rights. An adopted child who resides with his or her birthparent shall be in his or her own separate food stamp household when:

(a) The birthparent has not reestablished parental rights over the adopted child;

(b) The adopted child is over the age of 18 and does not live with his or her adoptive parent; and

(c) Within 10 days of the application date for food stamp benefits, the adopted child provides a signed statement, under penalty of unsworn falsification pursuant to RSA 641:3, that he or she purchases food and prepares meals separately from the adopted child’s birthparent.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97, EXPIRED: 8-1-05

New. #10730, eff 11-25-14

He-W 756.06 Public Assistance Households.

(a) Pursuant to 7 CFR 273.26, eligible households in which at least one member of the household is receiving financial assistance to needy families (FANF), shall be provided with up to 5 months of extended food stamp (EFS) benefits after the household’s FANF financial assistance ends.

(b) When determining eligibility for and during the period of time when the household is receiving EFS benefits, changes in household circumstances that are used to determine eligibility and benefit amount for other state or federal means-tested assistance programs in which the household participates, shall not be used to adjust the EFS benefit amount.

(c) Pursuant to 7 CFR 273.27(c), the food stamp certification period for households eligible for the EFS benefits described in (a) above shall be adjusted to end in the month that the household’s 5-month extended benefit period ends.

(d) Pursuant to 7 CFR 273.31(b), at the end of the EFS certification period described in (c) above, the household shall be required to recertify pursuant to 7 CFR 273.14.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; amd by #8379, eff 6-21-05; paragraphs (a) & (b) EXPIRED: 8-1-05; ss by #9327, eff 11-21-08; ss by #12074, eff 12-23-16

He-W 756.07 Households with an Individual Development Account. Funds from an individual development account used for unqualified purposes, pursuant to 42 USC 604(h), shall be treated as nonrecurring lump sum income in accordance with 7 CFR 273.9(c)(8).

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss and moved by #6549, eff 8-1-97 (from He-W 756.08); rpld by #7510, eff 7-1-01

New. #7603, eff 12-1-01, ss by #9604, eff 12-1-09; ss by #12481, eff 2-21-18

PART He-W 757 - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91

PART He-W 758 TARGET POPULATION - ELDERLY AND DISABLED INDIVIDUALS

He-W 758.01 Medical Expenses of Target Population Members. For purposes of determining allowable medical expenses of target population individuals, in accordance with 7 CFR 273.9, the following shall apply:

(a) If a household is reimbursed for attendant care costs by United States Department of Veteran Affairs Aid and Attendance Allowance payments, pursuant to 38 CFR 3.3(a)(3), the reimbursement shall be subtracted from the total attendant care cost to determine the actual cost to the client; and

(b) Changes in attendant care meal deductions allowed by 7 CFR 273.9 shall be applied at the next scheduled recertification, or earlier at the client's request.

PARTS He-W 759 through He-W 765 - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91

PART He-W 766 RECERTIFICATION OF ELIGIBILITY

He-W 766.01 Recertification of Eligibility. A food stamp household that has filed a timely application for recertification as defined in 7 CFR 273.14 shall:

(a) Provide all required verification, as specified in He-W 724 and 7 CFR 271-273 et. seq., by the later of the following periods:

(1) No later than the end of the current certification period; or

(2) Within 30 days after the date of application.

He-W 766.02 Telephone Redetermination.

(a) A SNAP household who reapplies for assistance via the telephone, shall be considered to have requested a recertification pursuant to 7 CFR 273.14.

(b) The telephone recertification process pursuant to (a) above shall only be available as funding and resources within the current state fiscal year are available.

(c) All general, categorical, technical, and financial requirements that apply when eligibility for assistance is redetermined, whether based on federal or state law, federal regulation, or published department rules, shall apply when a household requests a recertification pursuant to (a) above.

Source. #9787, eff 10-1-10; ss by#12714, eff 1-23-19

PARTS He-W 767 through He-W 774 - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91

PART He-W 775 PROGRAM OPTIONS - RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; rpld by #6549, eff 8-1-97

APPENDIX A

RULE	SPECIFIC STATE OR FEDERAL STATUTES THE RULE IMPLEMENTS
He-W 701.01	RSA 161:4-a, IV; 7 CFR 273.24; 7 USC 2015(o)
He-W 701.03	RSA 161:4-a, IV; RSA 161:2,XIII; 7 CFR 273.9(c)(3)
He-W 701.04	RSA 161:2, I; 7 CFR 271.2; 7 CFR 274.2(a)
He-W 701.06	RSA 161:4-a,IV; 7 CFR 271.2; 7 CFR 274.8(a)(1)(ii)
He-W 701.07	RSA 161:4-a,IV; 7 CFR 273.2(a)(2);7 CFR 273.2(f)(1)(x); 7 CFR 273.2(f)(2)
He-W 701.10	RSA 161:4-a,IV; 7 CFR 273.2(a)(2); 7 CFR 273.2(c)(5); 7 CFR 273.2(f)
He-W 702.01	RSA 161:2, I; RSA 161:4-a, IV; 7 CFR 273.2(f)(1)(vii), (n); 7 CFR 274.2(b), (f), (h)(2); 7 CFR 274.6; 7 CFR 274.8; 7 USC 2016(h)
He-W 702.03	RSA 161:4-a, IV; RSA 167:3-c, I; RSA 167:4; RSA 167:8; 7 CFR 273.2
He-W 704.04	RSA 161:4-a, IV; 7 CFR 273.1(d); 7 CFR 273.13(a)
He-W 704.05	RSA 161:4-a,IV; RSA 167:31; RSA 167: 32; RSA 167:83,II(b); 7 CFR 273.2; 7 CFR 273.13(a); 7 CFR 272.1(c)
He-W 708.01	RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.16; 7 CFR 273.17; 7 CFR 273.18
He-W 708.01 (a)-(f)	7 CFR 273.18; 7 CFR 273.16; RSA 167:3-c, I
He-W 709.02	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.16(f)
He-W 709.03	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.16(f)
He-W 722.01	RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.2(d)-(e)
He-W 724.01	7 CFR 273.2(f)(1)(v); 7 CFR 273.3(a); 7 CFR 273.6(b); 7 CFR 273.7(b); 42 USC 1320b-7
He-W 732.01	RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.2(b)(4); 7 CFR 273.6; 7 USC 2011-2036
He-W 734.01	RSA 161:2, XIII; RSA 161:4-a, IV; RSA 167:3-c, I; RSA 167:4, I(c); 7 CFR 273.7(f)(2), (i) & (j)(1)-(3); 7 USC 2015(d)(1)(A)(v)
He-W 734.02	RSA 161:4-a, IV and 7 CFR 273.11
He-W 734.03	RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.11(q)
He-W 734.04	RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.7(f)(4)-(5); 7 USC 2015(d)(1)(B)
He-W 740.01	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.9(c)(1)(iv), (c)(3), & (c)(10)(iii)
He-W 741	RSA 161:4-a, IV and 7 CFR 273.8
He-W 741.01	RSA 161:4-a, IV; RSA 167:4, I(a); 7 CFR 273.8; 7 USC 2014(g)
He-W 742.01	RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.9(d)(3)(ix)
He-W 742.02	RSA 161:2, XIII; RSA 161:4-a, IV; RSA 167:3-c, I; RSA 167:4, I(a); 7 CFR 273.9(d)(6)(ii)-(iii); 7 USC 2014(e)(6)(C)-(D); PL 107-171 Sections 4104
He-W 742.02(i)-(m)	RSA 161:2, XIII; RSA 161:4-a, IV; RSA 167:3-c, I; RSA 167:4, I(a); 7 CFR 273.9(d)(6)(iii); 7 USC 2014(e)(6)(C)-(D)
He-W 742.02(f) & (g)	RSA 161:2, XIII; 161:4-a, IV; 167:4, I(a); 7 CFR 273.9(d)(6)(ii)(c)
He-W 742.02 (a),(b),(d),(f),(l)&(n)	RSA 161:2, XIII; RSA 161:4-a, IV; RSA 167:3-c, I; RSA 167:4, I(a); 7 CFR 273.9(d)(6)(iii); 7 USC 2014(e)(6)(C)
He-W 744.01	RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.10(c)(2)-(3)
He-W 744.02	RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.11(c)(3)
He-W 744.02 intro. & (a)	7 CFR 273.11(c)(3)(i)
He-W 744.03	RSA 161:4-a, IV; 7 CFR 273.10(c)(3); 7 CFR 273.11(a)
He-W 744.03(a)-(d) & (j)-(k)	7 CFR 273.9; 7 CFR 273.10(c)(3); 7 CFR 273.11(a)
He-W 744.03(e) - (i)	RSA 167:80
He-W 746.01	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.7(a)(1) & (k); 7 CFR 273.10(a)(1) & (e)(2); 7 CFR 274.2(c); Section 849 P.L. 104-193
He-W 746.01(a)-(d)	7 CFR 273.10; 7 CFR 273.7; Section 849 P.L. 104-193
He-W 746.01(e)	7 CFR 274.2(c)
He-W 746.02	7 CFR 273.10(f)
He-W 746.03	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.15(j)(1)(iv)
He-W 748.01	RSA 161:2, XIII; RSA 161:4-a, IV; 7 CFR 273.7(c)(4) & (d)(4); 7 USC 2015(d)(4)(B)(i) & (d)(4)(I)(i)(I)
He-W 750.01	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.2(h)(3)(i)
He-W 751.01	7 CFR 273.12(a); 7 CFR 273.10(c)(3)
He-W 752.01	7 CFR 273.12(b)-(c)
He-W 756.01	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.1(c); 7 CFR 273.3(a)
He-W 756.02	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.11(q)(1)
He-W 756.03	RSA 161:4-a, IV; RSA 167:3-c,I ; 7 CFR 273.1(c); 7 CFR 273.9(d)(6)
He-W 756.04	RSA 161:4-a, IV; RSA 167:4, I(a); 7 CFR 273.11(b)
He-W 756.05	RSA 161:4-a,IV; RSA 641:3; 7 CFR 273.1(b)(1); 7 CFR 273.1(c)
He-W 756.06	RSA 161:4-a, IV; 7 CFR 273.14; 7 CFR 273.26; 7 CFR 273.27; 7 CFR 273.31; 7 CFR 273.32; 7 USC 2020(s)
He-W 756.07	RSA 161:4-a, IV; 42 USC 604(h); 7 CFR 273.8(e)(19); 7 CFR 273.9(c)(8)
He-W 756.08	7 CFR 273.7(f)(2)
He-W 758.01	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.9(d)(3)(x); 38 CFR 3.3(a)(3)
He-W 766.01	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.14(e)(2)
He-W 766.01 intro. & (b)	7 CFR 273.14(e)(2)
He-W 766.02	RSA 161:4-a, IV; RSA 167:3-c, I; RSA 167:4; 7 CFR 273.2; 7 CFR 273.14

APPENDIX B

Pursuant to He-W 742.02 (l), the SUA amounts listed below are the annual updates effective October 1, 2021 and will continue in effect through September 30, 2022.

SUA	Monthly Dollar Allowance
Heat SUA	$757
Utilities only SUA	$277
Electric only SUA	$162
Internet only SUA	$50
Telephone only SUA	$29

RSA 161:4-a, IV; RSA 161:2,XIII; 7 CFR 273.9(c)(3)

He-W 701.04

RSA 161:2, I; 7 CFR 271.2; 7 CFR 274.2(a)

He-W 701.06

RSA 161:4-a,IV; 7 CFR 271.2; 7 CFR 274.8(a)(1)(ii)

RSA 161:4-a,IV; 7 CFR 273.2(a)(2);7 CFR 273.2(f)(1)(x); 7 CFR 273.2(f)(2)

He-W 701.10

RSA 161:4-a,IV; 7 CFR 273.2(a)(2); 7 CFR 273.2(c)(5); 7 CFR 273.2(f)

He-W 702.01

He-W 704.04

RSA 161:4-a, IV; 7 CFR 273.1(d); 7 CFR 273.13(a)

RSA 161:4-a,IV; RSA 167:31; RSA 167: 32; RSA 167:83,II(b);

7 CFR 273.2; 7 CFR 273.13(a); 7 CFR 272.1(c)

He-W 708.01

RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.16; 7 CFR 273.17;

7 CFR 273.18

He-W 708.01 (a)-(f)

7 CFR 273.18; 7 CFR 273.16; RSA 167:3-c, I

He-W 709.02

RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.16(f)

He-W 709.03

RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.16(f)

He-W 722.01

RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.2(d)-(e)

He-W 732.01

RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.2(b)(4); 7 CFR 273.6;

7 USC 2011-2036

He-W 734.02

RSA 161:4-a, IV and 7 CFR 273.11

He-W 734.03

RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.11(q)

He-W 734.04

RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.7(f)(4)-(5); 7 USC 2015(d)(1)(B)

He-W 741

RSA 161:4-a, IV and 7 CFR 273.8

RSA 161:4-a, IV; RSA 167:4, I(a); 7 CFR 273.8; 7 USC 2014(g)

He-W 742.01

RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.9(d)(3)(ix)

RSA 161:2, XIII; RSA 161:4-a, IV; RSA 167:3-c, I; RSA 167:4, I(a); 7 CFR 273.9(d)(6)(ii)-(iii); 7 USC 2014(e)(6)(C)-(D); PL 107-171 Sections 4104

He-W 742.02(f) & (g)

RSA 161:2, XIII; 161:4-a, IV; 167:4, I(a); 7 CFR 273.9(d)(6)(ii)(c)

He-W 742.02 (a),(b),(d),(f),(l)&(n)

RSA 161:2, XIII; RSA 161:4-a, IV; RSA 167:3-c, I; RSA 167:4, I(a);

7 CFR 273.9(d)(6)(iii); 7 USC 2014(e)(6)(C)

He-W 744.01

RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.10(c)(2)-(3)

He-W 744.02

RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.11(c)(3)

He-W 744.02 intro. & (a)

7 CFR 273.11(c)(3)(i)

He-W 744.03

RSA 161:4-a, IV; 7 CFR 273.10(c)(3); 7 CFR 273.11(a)

He-W 744.03(a)-(d) & (j)-(k)

7 CFR 273.9; 7 CFR 273.10(c)(3); 7 CFR 273.11(a)

He-W 744.03(e) - (i)

RSA 167:80

He-W 746.01

RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.7(a)(1) & (k);

7 CFR 273.10(a)(1) & (e)(2); 7 CFR 274.2(c); Section 849 P.L. 104-193

RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.15(j)(1)(iv)

RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.2(h)(3)(i)

He-W 756.02

RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.11(q)(1)

RSA 161:4-a, IV; RSA 167:3-c,I ; 7 CFR 273.1(c); 7 CFR 273.9(d)(6)

RSA 161:4-a, IV; RSA 167:4, I(a); 7 CFR 273.11(b)

RSA 161:4-a, IV; 42 USC 604(h); 7 CFR 273.8(e)(19); 7 CFR 273.9(c)(8)