Information given by or concerning an applicant
or recipient is to be considered confidential and privileged information.
It will not be released to or discussed with any individual or agency
without written permission of the client, except when disclosure is
required by law or is for purposes directly connected with the administration
of welfare.
[Amended 4-4-2016 by Ord.
No. 08-16]
The Director shall provide for proper burial,
at city expense, of assisted persons in the city at time of death.
Assistance with burial will only be paid by city welfare when approval
is authorized prior to the funeral and burial. Total cost of the funeral
and burial must not exceed $1,285. If it exceeds $1,285 no welfare
payment will be made. Except when a town- or city-assisted person
has made arrangements for a prepaid funeral, if the total of his liquid
assets at death is less than $1,000, there shall be an automatic assignment
to the funeral director or the person who paid for the funeral and
burial or cremation of the deceased to the extent of funeral and burial
or cremation expenses up to $1,000.
To assure administration of general assistance in this city in a manner which is not unfair, arbitrary or unreasonable, an applicant or recipient, where assistance has been denied, terminated or suspended or reduced, shall have the rights specified in this section and §
368-9.
A. Notice required.
(1) Every applicant and recipient shall be given a written
notice of every decision regarding assistance.
(2) Whenever a decision is made to grant or deny assistance,
a notice of the decision shall be given or mailed to the applicant
within three working days in case of an emergency or within five working
days after the completion of an adequate written application that
contains all information required. In the case of an applicant making
multiple requests at the time of application, the Director may pend
a decision on one or more of the requests for a period of five working
days if further information is needed to make that decision.
(3) If the Director decides to terminate, suspend or reduce assistance in advance of the next anticipated date of assistance, the Director shall send notice at least seven days in advance to the recipient stating the intended action, which notice shall comply with §
368-9B(2). If the Director decides to terminate, suspend or reduce assistance on the date of an interview, the recipient shall be given immediate written notice as specified in §
368-9B(2), including notice of the right to have assistance continued pending the fair hearing, if one is requested.
B. Contents of notice.
(1) Where the application is granted, the notice shall
state the amount and type of assistance and the time period for which
it is granted.
(2) Where the application is denied or the Director proposes
to terminate, suspend or reduce assistance, the notice shall contain:
(a)
A clear statement of the reasons for the denial
or proposed termination, suspension or reduction.
(b)
A statement advising the individual of his or
her right to a fair hearing and that any request for a fair hearing
must be made in writing.
(c)
A form on which the individual may request a
fair hearing.
(d)
A statement advising the individual of the time
limits which must be met in order to receive a fair hearing within
five working days of receipt of notice of decision.
(3) A copy of the notice of decision should be given or
mailed to the applicant within three working days after the decision
is made, with a copy placed in the case file.
C. Continuation pending hearing.
(1) No termination, suspension or reduction of assistance
shall become effective until a fair hearing has been held and the
decision rendered or until the recipient has waived his or her right
to such a hearing by not requesting one within the time specified
or by expressly waiving his or her right to such a hearing by not
requesting one in writing or by failing to appear at the fair hearing
without good cause.
(2) If a hearing is requested and the recipient fails
to prevail at the hearing, the assistance given pending the hearing
shall be a debt owed by the individual to the city.
(3) Before a recipient is to continue receiving assistance
pending a hearing, he or she must have been a recipient of assistance
granted:
(a)
On a weekly basis for at least two consecutive
weeks immediately preceding the receipt of the notice of adverse action.
(b)
On a monthly basis for at least two consecutive
months immediately preceding the receipt of notice.
Pursuant to RSA 165:28, the amount of money
spent by the city in providing general assistance shall, except for
just cause, be made a lien on any real estate owned by the recipient.
After the amount of assistance granted to a recipient has reached
$200, the Director shall file the 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. The lien remains in effect during
the lifetime of a person or until the amount of the lien is repaid
to the city. Upon repayment of a lien, the Director shall file written
notice of the discontinuance of the lien with the County Registry
of Deeds.
[Amended 9-14-1998 by Ord. No. 98-4]
A. Whenever the Welfare Director determines that public
funds have been spent or are being spent to support a person who has
a father, mother, stepfather, stepmother, husband, wife, child who
is no longer a minor or a former spouse obligated by court order to
support, and who has sufficient ability to support, the poor person
or that another municipality, county or other designated relative
is ultimately liable for the support of the applicant or recipient,
the Welfare Director shall take all appropriate steps to recover the
amount of money that has been expended in support of such person and
to ensure that the appropriate party assumes future support of the
person.
B. There shall be no delay, refusal to assist, reduction
or termination of assistance while the Welfare Director is pursuing
statutory remedies to secure reimbursement and future support.
The Director shall determine the forms required
to implement these standards and they shall be appended to these standards.
These standards shall apply to determinations
of general assistance after their adoption by the Franklin City Council.
Amendments to these standards may be made by the City Council at any
proper meeting and by the Director as permitted by these standards.