[HISTORY: Adopted by the City Council of
the City of Franklin 8-5-1996. Amendments noted where applicable.[1]]
[1]
Editor's Note: Throughout this chapter, references
to "Welfare Official" and "Welfare Officer" were changed to "Welfare
Director" 9-14-1998 by Ord. No. 98-4.
A.
APPLICANT
APPLICATION (REAPPLICATION)
APPLICATION FORM
ASSETS
AVAILABLE LIQUID ASSETS
CASE RECORD
DIRECTOR
ELIGIBILITY
FAIR HEARING
LIQUID ASSETS
MINOR
REAL ESTATE
RECIPIENT
VOUCHER SYSTEM
In these standards, the following terms have the meanings
specified:
A person who expresses a desire to receive general assistance
or to have his or her eligibility reviewed and whose application has
not been terminated. This desire may be expressed either directly
or through a person having knowledge of his or her circumstances.
The action by which a person requests assistance from the
Director or the action by which a person's representative indicates
to the Director that the applicant is found actually without sufficient
assets or resources and for the time being is unable to support himself
or herself or to supply immediate needs. These actions are considered
an application even though the applicant subsequently withdraws the
request or is proven upon investigation to be ineligible.
The form provided by the city by which a person makes application
and which constitutes written confirmation that a person has made
an application.
All real property, cash, personal property and future interests
owned by the applicant.
The amount of liquid assets after exclusions. [See § 368-5C(6).]
Official file of forms, correspondence and narrative records
pertaining to the application, with determination of initial or continuing
eligibility, reasons for decisions and actions by the Director and
kinds of assistance given.
[Amended 9-14-1998 by Ord. No. 98-4]
The Director of Welfare appointed as specified in § C-27 of the Franklin City Charter, or a person duly authorized by him or her.
Determination by the Welfare Director, with the assistance
of statutes and guidelines, of a person's poverty and inability to
support himself or herself and therefore the need for general assistance.
The hearing which an applicant or recipient can request to
contest a denial or termination, suspension or reduction of assistance.
A hearing must be before an impartial decisionmaker, with rights to
cross-examine and to have decisions based only upon the evidence at
the hearing, in accordance with these standards.
Cash, checking accounts, savings deposits, stocks, bonds,
insurance policies and other securities.
A person who has not attained the age of 18 years. The residence
of a minor shall be presumed to be the residence of his/her custodial
parent or guardian.
Land and structures attached to it.
A person receiving general assistance.
The City of Franklin pays by a voucher system only, by issuing
directly to the vendor (landlord, stores, etc.). Vouchers are redeemable
for the period specified. In no cases will the applicant or vendor
alter the amount specified or exchange all or any part for cash, alcohol
or tobacco products.
B.
Words denoting one gender shall extend to and include
the other gender. The plural shall include the singular, and the singular
shall include the plural.
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.
A.
The Director shall keep complete records of general
assistance. In addition to general statistical records concerning
the number of persons given assistance and the cost for such support,
a separate case record shall be established for each individual or
family applying for general assistance.
(1)
The purposes for keeping complete records of general
assistance are to:
(a)
Provide a valid basis of accounting for expenditure
of the city's funds.
(b)
Support decisions concerning the applicant's
eligibility.
(c)
Assure availability of information if the applicant
or recipient seeks administrative or judicial review of the Director's
decisions.
(d)
Provide social welfare agencies with accurate
statistical information, including the number of persons assisted
and the amount of money spent for their support, in order that taxpayers
and officials may be aware of the scope of the general assistance
program.
(e)
Provide a complete history of the recipient's assistance that might aid a welfare agency in the effort to rehabilitate the recipient (subject to § 368-2).
(f)
Allow a smooth transition of information if
the recipient is transferred to the county or some other legally liable
unit.
(2)
Communication between the Welfare Director and his/her
legal counsel shall not be a part of the case record but shall be
confidential.
B.
The Director shall maintain in case records the following
minimum information:
(1)
The complete application for assistance.
(2)
Grounds for approval or denial of the application.
(3)
A narrative history recording the need for relief,
the results of home visits, if any, collateral information, referrals,
changes in status, grounds for release of confidential information,
etc.
(4)
Signed authorization by the applicant allowing the
Director to release, obtain or verify any pertinent information in
the course of assisting the recipient.
(5)
A notice of decision form.
A.
Right to apply. Any person has the right to apply
for general assistance. He or she may do so by appearing in person,
or through someone representing him or her, before the Director, by
expressing a desire to receive general assistance and by completing
a written application form. The application form shall give clear
notice that the applicant has a right to review if he or she is dissatisfied
with the Director's decision.
B.
Director's responsibilities at time of application.
When application is made for general assistance, the Director shall
inform the applicant of:
(1)
The requirement of submitting a written application.
(2)
Eligibility requirements.
(3)
The applicant's right to review and the way in which
review may be obtained.
(4)
The applicant's responsibility for reporting all facts
necessary to determine eligibility.
(5)
Joint responsibility of the Director and applicant
for exploring facts concerning eligibility, needs and resources and
the applicant's responsibility for presenting records or documents
to support his or her statements. The Director shall assist the applicant
in completing the application.
(6)
Kinds of verification needed.
(7)
The fact that an investigation will be conducted in
an effort to substantiate the facts and statements as presented by
the applicant and that this investigation may take place prior to,
during or subsequent to the applicant's receipt of welfare assistance.
(8)
The applicant's responsibility for notifying the Director
of any change in circumstances that will affect eligibility.
(9)
Any other programs of assistance or service that the
Director may know of, if the applicant appears ineligible for general
assistance, or of which the applicant may avail himself or herself
in addition to receiving general assistance.
(10)
The requirement of placing a lien on any real
property owned by the recipient for any assistance given, except for
good cause.
(12)
The fact that recovery from the applicant is
possible if his or her ability to repay the amount of assistance given
changes.
C.
Responsibility of each applicant and recipient.
(1)
The applicant's responsibilities at the time of initial
application and continuing thereafter are to:
(a)
Provide accurate, complete and current information
concerning his or her needs and resources and the whereabouts and
circumstances of responsible relatives.
(b)
Notify the Director within 72 hours when a change
in needs or resources may affect eligibility for continuing assistance.
(c)
Within one week after application, apply for
and utilize any benefits or resources, public or private, that will
reduce or eliminate the need for general assistance and keep all appointments
that are scheduled and return all information that is needed within
the specified time frames so that, once assistance is granted, no
lapse of benefits such as AFDC checks or food stamps will occur.
(d)
Notify the Director within 72 hours of a change
of address and change in members of the household.
(e)
Diligently search for employment and provide
verification of work search, contacting at least four places of employment
per day.
(f)
Accept employment when offered.
(g)
Provide a doctor's statement if the person claims
that inability to work is caused by medical problems.
(h)
Participate in the Welfare Work Program if physically
and mentally able.
(i)
Keep appointments as scheduled. If you are more
than 15 minutes late and have not notified the Welfare Division you
will be considered a no-show and will not be eligible for rescheduling
for seven calendar days from your missed appointment date.
[Amended 9-14-1998 by Ord. No. 98-4]
(2)
Any person may be denied or terminated from assistance
who, by means of an intentionally false statement or intentional misrepresentation
or by impersonation or other willfully fraudulent act or device, obtains
or attempts to obtain any assistance to which he or she is not entitled.
D.
Action on application.
(1)
Unless an application is withdrawn, the Welfare Director
will make a decision immediately in the case of an emergency or within
five working days after completion of the written application.
(a)
In circumstances where required records are
not readily available, the Welfare Director may, at her/his discretion,
temporarily approve aid pending receipt of required documents but
shall not extend aid beyond seven calendar days.
(b)
If such records are totally unavailable, the
Welfare Director shall not insist on documentary verification.
(2)
When a decision has been made on an application, the applicant will be informed, in writing, that assistance of a stated kind or amount will be given or that the application has been denied, with reasons for denial, within three working days. See § 368-13, Forms, and § 368-8, Right to notice of adverse action.
(3)
In the case of an emergency situation, such as fire,
flood, hurricane, illness or injury, imminent eviction or termination
of utilities, unexpected misfortune during travel or other situations
beyond the control of the applicant or his or her dependents, the
Director may grant temporary assistance immediately, pending formal
determination of eligibility.
(4)
An application is considered withdrawn if:
(a)
The Director cannot complete the interview because
the applicant has failed to cooperate.
(b)
The applicant dies before assistance is rendered.
(c)
The applicant avails himself or herself of another
resource in place of assistance.
(d)
The applicant requests that the application
be withdrawn.
(e)
The applicant does not contact the Director
after the initial interview if requested to do so.
A.
A person is eligible to receive assistance when he
or she has met the standard of need. The standard of need is determined
by using a budget sheet. Actual or allowable expenses, whichever is
less, are added and net income, excluding voluntary deductions, is
then subtracted, resulting in the amount of need.
B.
Legal standard.
(1)
"Whenever" means at any or whatever time that person
is unable to support himself or herself.
(a)
The Director, or a person authorized to act
in his or her behalf, shall be available during normal city working
hours.
(b)
The eligibility of any applicant for general
assistance shall be determined within five working days upon completion
of the written application.
(c)
Assistance shall be granted as soon as eligibility
has been affirmatively determined.
(2)
"Poor and unable to support" means that an individual lacks money or material possessions or the ability through other programs or means to adequately provide necessities for himself or herself or family, as determined by the welfare standards maintenance amounts. (See Subsection E, Standard of need)
(3)
"Relieved" means a person shall be assisted to meet
those basic needs.
C.
Nonfinancial eligibility factors.
(1)
Age. Age is not a factor in determining whether a
person is eligible for assistance. However, age does make certain
persons eligible for other kinds of assistance, i.e., social security,
old age assistance, AFDC or foster care.
(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 city may pursue
legally liable persons or entities pursuant to RSA 165:19 and 165:20.
(3)
Eligibility for categorical assistance. Any applicant
or recipient whom the Director believes may be eligible for any other
form of public assistance must apply for such assistance within seven
calendar days after being advised to do so by the Director. Failure
to do so will render the applicant or recipient ineligible for assistance
until he or she makes such application. Unless and until another form
of public assistance is received, a person otherwise eligible is entitled
to receive general assistance. Only in extraordinary circumstances
will a person receiving another form of public assistance also be
considered as potentially eligible for general assistance. Once a
person is being aided by another form of public assistance, he/she
is expected to comply with all requests pertaining to staying eligible
with that public assistance. Requests shall include keeping all appointments
and passing in all information and verifications in a timely manner.
(4)
Employment. A person who is gainfully employed but
whose income and assets are not sufficient to meet necessary family
expenses may be eligible to receive general assistance. However, applicants
and recipients who, without good cause, refuse suitable employment
or who voluntarily leave a job are ineligible for assistance for 90
days from the date of employment termination, provided that they do
not meet the disqualifications set forth in RSA 165:1-d.
(5)
Registration with the New Hampshire Department of
Employment Security (DES) and work search.
(a)
Any recipient and each adult member of his or
her family shall, within one week after having been granted assistance,
register with DES to find work or to gain skills that will enable
him or her to find work and must conduct an adequate work search consisting
of at least four inquiries per day. These requirements shall apply
unless the recipient or adult member of the family is:
[1]
Gainfully employed.
[2]
A dependent, 18 or younger, who is regularly
attending school in grade 12 or lower.
[3]
Unable to work due to illness or disability.
[4]
Required at home because of illness or disability
of another member of the household and documented by a physician.
[5]
Responsible for the care of a child under age
five.
(b)
The Director shall give all necessary and reasonable
assistance, including the granting of allowances for transportation
and work clothes.
(6)
Available liquid assets.
(a)
Cash on hand, bank deposits, credit union accounts
and securities 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 to cash.
The Director shall allow a reasonable time for such conversion.
(b)
However, tools of trade, livestock and farm
equipment, other equipment used for production of income and necessary
and ordinary household goods are essential items of personal property
which should not be considered as available assets.
(7)
Automobile ownership. An applicant's or his or her
dependent's ownership of not more than one automobile does not affect
eligibility and should be included in determining his or her personal
property if it is essential for transportation in seeking employment
or transportation to employment, medical care, rehabilitation or training
facilities or if it is essential for general use necessary for the
maintenance of the individual or his or her family. Car payments will
not be considered justifiable expenses when determining eligibility.
(8)
Insurance. There is no limitation on the ownership of insurance, but an insurance policy with a loan value shall be considered an available asset under Subsection C(6). Premium payments will not be considered justifiable expenses when determining eligibility.
(9)
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. Persons owning real property, other than that occupied as a
home, shall make reasonable efforts to dispose of the property at
fair market value in order to convert it into assets which can be
applied toward meeting present need. In such a case, continuing eligibility
shall depend on whether reasonable efforts are being made to dispose
of the real estate at fair market value. An applicant shall be made
aware that the city shall file a lien against any real estate owned
by a recipient. An applicant or recipient will be required to execute
any and all documents to perfect the city's lien interest as aforementioned.
(10)
Work program. The Director may require, as a condition of receiving general assistance, that a recipient participate on the Welfare Work Program (see § 368-6). Refusal to work may be a ground for denying or terminating assistance, unless the refusal is due to one of the reasons specified in § 368-6E (RSA 165:31).
(11)
Students. Students 18 years and over are not
eligible for local assistance by virtue of the fact that they are
refusing full-time employment which would make public assistance unnecessary.
D.
Verification of information. Any determination or
investigation of need or eligibility shall be conducted in a manner
that will not violate privacy or personal dignity of the individual
or harass or violate his or her individual rights.
(1)
Verification will normally be required of the following:
(a)
Applicant's address.
(b)
Names and income of persons residing with the
applicant.
(c)
Applicant's income and assets.
(d)
Applicant's financial obligation.
(e)
Applicant's mental and physical condition, when
relevant.
(f)
Any special circumstances claimed by the applicant.
(g)
Applicant's employment status and availability
in the labor market.
(h)
Names, addresses and employment status of potentially
liable relatives.
(i)
Utility costs.
(j)
Housing costs.
(2)
Verification may be made through records provided
by the applicant (for example, rent receipts, birth and marriage certificates,
pay stubs, paychecks, bankbooks, etc.) as primary sources. If such
records are not available at time of the initial application, information
may be provided verbally. However, the applicant must produce the
required records within one week of the initial application. The Director
should not insist on documentary verification if such records are
not available.
(3)
Verification may also be made through other sources,
such as relatives, employers, banks, school personnel and social or
governmental agencies. The cashier of a national bank and a treasurer
of a savings and trust company can furnish information regarding amounts
deposited to the credit of an applicant or recipient.
(4)
When information is sought from such other sources,
the Director 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 Director shall obtain written consent of the applicant
or recipient, unless the Director has reasonable grounds to suspect
fraud. In the case of possible fraud, the Director shall carefully
record his or her reasons and actions and the applicant shall be given
an opportunity to clarify the situation.
(5)
If the applicant or recipient refuses consent and
is unwilling to have the Director seek further information at any
times that it is necessary, the Director may deny or terminate assistance
for lack of substantiation of eligibility. When the Director notifies
the applicant or recipient of this decision, the Director shall also
inform the individual of the right to request a fair hearing and a
right to reapply at any time.
(6)
The Director may make home visits to verify information
at his or her discretion and in the least intrusive manner.
E.
Standard of need. A person is eligible for general
assistance when need exceeds income plus nonexempt available liquid
assets. To determine an applicant's standard of need, a budget sheet
is figured, adding actual or allowable expenses, whichever is less,
and subtracting net income. Allowable expenses are as listed.
(1)
Shelter. The actual cost of rent or mortgage principle
is considered as determined either by HUD fair market rents or by
local market factors, whichever is less. Fair market rents as published
by HUD will be utilized as the maximum amounts, with a suitable downward
adjustment where utilities are not included, in which case the utility
allowance published by HUD will serve as maximums. No shelter arrearage
will be made, but every effort will be undertaken to prevent eviction.
Whenever a relative of an applicant is also the landlord for the applicant,
that landlord will be expected to assist his or her relative whenever
possible pursuant to RSA 165:19. Specifically, the relative landlord
must prove an inability to assist before any aid payment for shelter
is made. General assistance payments will not be used to pay shelter
security deposits. No home equity loan will be paid or considered
as a need.
(2)
Utilities. When utility costs are not included in
the rental expense, the most recent outstanding monthly utility bill
will be considered for payment by the Director. Arrearages will not
be paid except when necessary to ensure the health and safety of the
applicant. Any utility bill not in the name of the applicant will
not be considered for payment.
(a)
When a person/family is receiving rent subsidy
through a program regulated by HUD, the city will enforce the responsibility
of the twenty-five-dollar deduction being made by HUD as a responsibility
of the recipient and his/her family.
(b)
If the actual cost of rent or mortgage plus
utilities exceeds the maximum level, the actual costs shall be considered
if the following circumstances exist:
(c)
The rent and utility maximums stated shall be
reviewed annually and adjusted, if necessary, to reflect current costs
within the city by the Director.
(3)
Food. The full allotment of food stamps to which a
recipient is entitled may be budgeted.
(a)
In the situations specified below, food orders
according to the chart "Assistance Guidelines" below shall be budgeted
for the family:
(b)
In the following circumstances, more than the
food allotment may be budgeted:
[1]
The household receives food stamps but a physician
has stated, in writing, that one or more members of the family needs
a special diet, the cost of which is greater than can be purchased
with the family's allotment of food stamps.
[2]
The household receives food stamps but the Director
determines that the household is in need of supplementary food assistance,
provided that the household has participated in the food stamp program
to the fullest extent allowable under federal and state law. Generally,
clients are ineligible for additional food vouchers if they participate
in the food stamp program.
|
Assistance Guidelines
| ||
|---|---|---|
|
Family Size
|
Weekly Food Allowance
| |
|
1
|
$25
| |
|
2
|
$35
| |
|
3
|
$55
| |
|
4
|
$70
| |
|
5
|
$85
| |
|
6
|
$100
| |
[3]
Families over six shall receive an additional
$15 per person per week.
(4)
Maintenance allowance. Supplementary orders may be
issued under extenuating circumstances to provide maintenance necessities
for personal or household supplies where need is demonstrated.
|
Family Size
|
Monthly Allowance
| |
|---|---|---|
|
1
|
$15
| |
|
2
|
$25
| |
|
3
|
$27
| |
|
4
|
$33
| |
|
5
|
$40
| |
|
6
|
$47
|
(5)
Telephone. 911 can be reached from any phone jack
regardless of whether the phone service is active. All that is needed
is a phone to plug into the jack.
(6)
Emergency and other expenses. If the applicant has
the following current expenses, their actual cost shall be included
as emergency and other expenses to determine eligibility and amount
of assistance.
(a)
Generally, the Director shall not consider providing
for medical, dental or eye services unless the applicant can verify
and document that all other potential sources have been investigated
and that there is no other source of assistance other than local welfare.
When a person applies for medical service, dental service or eye service
to the Director, he or she must provide written documentation 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 running a significant risk that the applicant's
well-being will be placed in serious jeopardy. Prescriptions will
be considered if they are life sustaining for up to 30 days while
alternative benefits are located through other insurance programs
or prescription programs that may be available.
[Amended 4-4-2016 by Ord.
No. 08-16]
(b)
Cost necessary to prevent imminent repossession
of any essential item which, if lost, may need to be replaced (excluding
automobiles and rental furniture).
(c)
Where the recipient owns a home and is otherwise
eligible for general assistance, payment to prevent foreclosure, preserve
the home and promote the health and safety of the recipient may be
made when the mortgage amount is less than fair market rent for an
apartment and when the applicant can document that the assistance
will be short-term only (45 days or less).
(d)
Except for those specifically required by statute,
legal expenses will not be paid.
(e)
Moving expenses will not be paid.
(7)
Minor variations of expenses. The Director may make
minor adjustments in the dollar amounts specified in the standard
of need criteria if he or she determines that needs have substantially
changed due to cost-of-living changes or climatic conditions or that
strict appliance of these standards will result in unnecessary or
undue hardship. The Director shall give written notice of any general
adjustments to the City Council at least 10 days before making them.
The Director shall give periodic reports to the City Council of any
individual adjustments.
F.
Income. In determining eligibility and the amount
of assistance, the standard of need shall be compared to available
income and assets. Computation of income and expenses will be by the
week or month. In cases where a large amount has been received at
one time, such as the sale of personal property, computation of income
and expenses may be by the year. The following items will be included
in the computation:
(1)
Earned income.
(a)
Income in cash or in kind earned by the applicant
or recipient and any member of his or her family through wages, salary,
commissions or profit, whether self-employed or as an employee, is
to be included. Rent income and profits from produce sold are in this
category. With respect to self-employment, total profit is arrived
at by subtracting business expenses from gross income. Verification
of net profit by profit and loss statement will be required. When
income consists of wages, the amount computed shall be that available
after income taxes, social security and other payroll deductions required
by law, court-ordered support payments and child-care costs and costs
of clothing required for employment have been deducted from gross
income. Wages that are trusted or income similarly unavailable to
the applicant or his or her dependents shall not be considered.
(b)
Money and/or goods that are received will not
be replaced if they are reported lost or stolen and will be counted
as available assets for the month that they were received in.
(2)
Income or support from relatives. Contributions from
relatives shall be considered as income only if actually received
by the applicant or recipient (RSA 165:19).
(3)
Income from other assistance or social insurance program.
State categorical assistance benefits, OASDI payments, social security
payments, VA benefits, unemployment insurance benefits, workers' compensation
benefits and payments from other government sources shall be considered
as income. These guidelines will enforce RSA 165:1e relative to preventing
downshifting of welfare costs to cities and towns. In accordance with
RSA 165:1e, when a person receiving welfare benefits is sanctioned
by a reduction in benefits for noncompliance, the amount of income
considered will be the amount that the person was receiving prior
to the sanction.
[Amended 9-14-1998 by Ord. No. 98-4]
(4)
Court-ordered support payment. 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 and
trust funds and the like shall be considered income. Any income actually
available to the applicant or recipient from members of his or her
household who are not related by blood or marriage (for example, boarders
or lodgers) shall be considered as income.
(6)
Earnings of a child. No inquiry shall be made into
the earnings of a child 17 years of age or less unless the child in
fact makes a regular and substantial contribution to the family and
is not enrolled in school full time.
A.
In accordance with RSA 165:31, a recipient may be
required to participate on a Welfare Work Program to the fullest extent
of his or her ability.
B.
In no case shall a Welfare Work Program participant
be paid less than the applicable minimum wage established by law.
All wages attributable to such employment shall be used to reimburse
the locality for current assistance given. Participation under this
section shall continue for as long as assistance is required and received.
C.
If, due to lack of work or other good cause, the recipient
does not work a sufficient number of hours to fully compensate for
the amount of aid to which he or she is otherwise entitled under these
standards, this full amount of aid required shall still be paid.
D.
The locality shall provide reasonable times during
working hours for recipients to secure work in the labor market. A
person on a city relief work program may be placed in a regular city
position.
E.
Refusal to work does not include failure to appear
for or to perform work where the recipient:
(1)
Has a conflicting interview for a job possibility
and can provide documentation as such.
(2)
Has a conflicting interview at a service or welfare
agency and can provide documentation as such.
(3)
Must care for children under the age of five.
(4)
Has a medical appointment or illness, documented by
a physician, clinic or emergency room personnel or the Welfare Director.
(5)
Must remain at home because of illness or disability
to another member of the household (verified in writing by a physician).
(6)
Does not possess the material or tools required to
perform the task and the city fails to provide the same.
[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.
Requests. A request for a fair hearing is a written
expression by the applicant or recipient or any person acting for
him or her to the effect that he or she wants an opportunity to present
his or her case to a high authority.
B.
Time limits for requests.
(1)
When an application is denied, a request for a fair
hearing must be received within five days after receipt of the denial.
(RSA 165:1-b, III)
(2)
When the Director proposes to reduce, suspend or terminate
assistance and the recipient desires a fair hearing prior to that
reduction, suspension or termination, a fair hearing must be requested
within five days after the date of notification.
C.
Time limits for hearing.
(1)
Hearings requested by applicants and by recipients
must be held within seven working days after the receipt of the request.
The Director shall give notice to the individual setting forth the
time and location of the hearing. This notice must be given to the
individual at least 48 hours in advance of the hearing or mailed to
the individual at least 72 hours in advance of the hearing.
D.
Procedures at the hearing.
(1)
A claimant or his or her duly authorized representative
shall have the right to examine, prior to an active fair hearing,
all records, papers and documents contained in the claimant's file,
as well as any documents not contained in such case file relevant
to the Director'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 not been allowed
the opportunity to examine prior to the hearing shall be introduced
at the hearing or become part of the record. The applicant or recipient
has the right to examine his or her personal file upon request to
the Director.
(2)
The Director or his or her 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 continuance if such documents present newly discovered evidence.
(3)
All fair hearings will adhere to the following:
(a)
Fair hearings shall be conducted in such manner
as to ensure due process of law.
(b)
Fair hearings shall not be conducted according
to strict rules of legal procedure and strict rules of evidence. However,
in order to protect the right to cross-examine, the fair hearing official
shall not rely upon any hearsay evidence in making his or her decision
where any party objects to its introduction.
(c)
The burden of proof will be on the party challenging
the status quo. The burden of proof shall be established by a preponderance
of the evidence.
(d)
The Director or, if applicable, his or her agent
shall attend the hearing and testify as to his or her actions and
reasons therefor.
(e)
Both parties shall be given the opportunity
to offer evidence and explain their positions as fully and completely
as they wish.
(f)
The claimant or his or her representative and
the Director or his or her representative shall have the opportunity
to examine all records and documents used at the hearing; to present
his or her case for himself or herself or with the aid of others,
at his or her option; to bring witnesses; to establish all pertinent
facts; to advance any arguments without undue interference; and to
question or refute any testimony or evidence, including the opportunity
to confront and cross-examine adverse witnesses.
(g)
The decision of the Fair Hearing Officer must
be based solely on the record, in light of these standards. Evidence,
both written and oral, which is admitted at the hearing shall be the
sole contents of the record. The Hearing Officer shall not review
the case record or other material prior to introduction at the hearing.
(h)
The parties may stipulate to any facts.
(4)
Fair Hearing Officer.
(a)
The Fair Hearing Officer shall be an appointed
member of the community who has the knowledge and experience necessary
to make an impartial decision and who:
[1]
Has not participated in the decision causing
dissatisfaction.
[2]
Is impartial.
[3]
Is sufficiently skilled in interviewing to be
able to obtain evidence and the facts necessary for a fair determination.
[4]
Is capable of evaluating all evidence fairly
and realistically, can explain to the claimant the laws and regulations
under which the Director operated and can interpret to the Director
any evidence of unsound, unclear or inequitable policies, practice
or actions.
(b)
The Fair Hearing Officer shall be appointed
by a joint decision of the City Manager and the Welfare Director.
E.
Decision.
(1)
Fair hearing decisions shall be rendered within seven
working days after the hearing. Decisions shall be in writing setting
forth the reasons for the decision and facts on which the Fair Hearing
Officer relied in reaching his or her decision. A copy of the decision
shall be mailed or delivered to the claimant and to the Director.
(2)
Fair hearing decisions will be rendered on the basis
of the Officer's findings of fact, these standards 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
prior to a proposed termination, suspension or reduction or assistance,
the decision shall be effective as of the date assistance would otherwise
have been due. In the case of a hearing after a reduction, suspension
or termination or a hearing to review a denial of aid, the decision
shall be retroactive to the date of the action being appealed.
(4)
The Director shall keep all fair hearing decisions
on file.
(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.
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.
A.
Whenever the owner of property rented to a person
receiving general assistance from the City of Franklin is in arrears
in taxes, sewer or water payments to the City of Franklin, the city
will 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)
B.
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.
Delinquent balances will be offset in order of the
following priority: taxes, water and sewer.
D.
Procedure.
(1)
The Welfare Director 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 Director will issue a duplicate voucher
to the appropriate department (i.e., Tax Collector or Municipal Services
Department), which shall forward the voucher to the Finance Officer
for payment. Upon receipt of payment, the Department will issue a
receipt of payment to the delinquent landlord.
[Amended 9-14-1998 by Ord. No. 98-4]
The Director shall determine the forms required
to implement these standards and they shall be appended to these standards.[1]
[1]
Editor's Note: Said forms are on file at the
Welfare Office.
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.
