[HISTORY: Adopted by the Board of Selectmen of the Town of
Merrimack 4-3-1986; last amended by Town Council 10-26-2023. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any private or public health, social service or other entity
that provides services to a client. The Welfare Official may refer
a client for additional resources and/or assistance to any such entity.
A recipient or applicant who has requested, either in person or through an authorized representative, a fair hearing under § 193-6 of these guidelines.
A person who, in person or by an authorized representative,
applies to receive General Assistance or to have his/her eligibility
reviewed and whose application has not been withdrawn.
A process where a completed application, on a form provided
by the Welfare Official, is submitted by a person or their authorized
representative, who requests assistance, completes an interview and
has their signed application verified with the Welfare Official.
All cash, real property, stocks, bonds, retirement funds,
securities, personal property and future assets owned by the applicant/recipient.
Cash on hand, bank deposits, credit union, checking, savings
and debit accounts, stocks, bonds, and securities. IRAs (individual
retirement accounts), 401K accounts and insurance policies with loan
value and nonessential personal property shall be considered as liquid
assets when they have been converted into cash.
Days and hours when municipality is generally open to public
for normal business. This is generally Monday through Friday, excluding
holidays, from 8:30 a.m. to 4:30 p.m.
Official files, electronic or paper, containing forms, correspondence
and narrative records pertaining to the application, including determination
eligibility, reasons for decisions and actions by the Welfare Official,
and expenditures of assistance given.
An individual, family or household who receives services
such as referrals or assistance but does not always necessarily receive
General Assistance expenditures from the Welfare Department.
Determination by the Welfare Official, in accordance with Welfare Guidelines, an applicant's need for General Assistance under the formula provided in § 193-10.
A hearing which an applicant or recipient may request to contest a denial, termination or reduction of assistance. The standards for such a hearing are in § 193-6.
Notice given to applicants and recipients which contains
requirements and laws that the applicants or recipients must comply
with to receive General Assistance.
In addition to the first notice requirements and laws, this
notice is provided to applicants with conditions recipients need to
meet in order to continue assistance if eligible.
Assistance, which may or may not include financial assistance,
provided to recipients in accordance with RSA 165 and these Welfare
Guidelines. Under no circumstances shall financial assistance be provided
directly to a recipient or household in the form of cash payments.
The applicant/recipient and persons residing with the applicant/recipient
in the relationship of father, mother, stepfather, stepmother, son,
daughter, husband, wife (legally married or defined as such cohabitation
statues, RSA 457:39) or domestic partner; and/or
The applicant/recipient and any adult (including an unrelated
person) who resides with the applicant/recipient "in loco parentis"
(in the role of a substitute parent) to a minor child.
EMERGENCY SHELTERA temporary or nonpermanent and nontenancy housing which is a temporary housing from a housing provider through which an individual or family may seek emergency housing when no other housing is available.
NONPERMANENT NONTENANCY HOUSINGApplicant(s) pay for room(s) in Rooming or Boarding House; Hotels, Motels, Inns or Tourist Home or other dwellings deemed residential real estate or vacation use rental units. Room(s) in a single family home with no lease which is the primary and usual residence of the owner. This term is intended to be coterminous with the occupancies noted as non-tenancy under RSA 540:1, IV.
PERMANENT TENANCY HOUSINGApplicant(s) rent apartment, home or room or real property for the sole purpose of residential and nontransient purposes. Applicants(s) may or may not have lease or contract.
TRANSITIONAL HOUSINGA nonpermanent and nontenancy housing which is usually provided by an assistance program which can require rules or policies to stay in their housing and programs.
TENANT OR TENANCYPermanent housing where occupants shall be deemed to rent at will or have a contract or lease, in which and, have the protections from eviction as noted in NH RSA 540.
A person who intentionally accepts the rights and duties
of a natural parent with respect to a child(ren) not their own and
who lived as least the last 30 days in household with the child(ren)
to form a "psychological family."
A person under 18 years of age.
The basic maintenance and support requirements of an applicant and household members, as determined by a Welfare Official under the standards of § 193-10E of these Guidelines. This does not always mean that an assistance payment of a need is allowed under General Assistance and these Guidelines.
A written decision or any conditions of assistance is rendered
by the Welfare Official to the applicant or recipient approving, denying
or pending assistance.
A person who is receiving financial assistance under General
Assistance of these Welfare Guidelines as required in RSA 165.
The provision of basic needs necessary to the health and
welfare of a household as provided under these Welfare Guidelines.
The place of abode or domicile is that place designated by
an applicant as their principal place of physical presence for the
indefinite future to the exclusion of all others. Such residence or
residency shall not be interrupted or lost by a temporary absence
from it, if there is an intent to return to such residence or residency
as the principal place of physical presence (RSA 165:1 Subdivision
I; and RSA 21:6-a).
A place of abode or domicile where individuals physically
reside together and share expenses of the residence such as rent,
utilities and expenses of the residence. Within this unit could be
a household or individual resident applying for General Assistance.
Revised Statutes Annotated. This is New Hampshire state law
noted throughout the Guidelines.
Any service such as electric, heat, oil, water or sewer necessary
to maintain the health and welfare of the household.
Any landlord, utility company, store or other individual
or business which provides necessary goods or services needed by the
applicant/recipient.
The system whereby a municipality issues vouchers to the
recipient's vendors and providers. The vendors must turn in the
vouchers with verification of expense for check payment to them (RSA
165:1, Subdivision III).
The Welfare Official appointee by the Town Manager who performs
overall administrative duties as well as the day-to-day administration
of the General Assistance Program subject to the overall fiscal responsibility
vested in the Town Manager by the Town Council.
The person(s) appointed by the Town Manager, who performs
the function of administering General Assistance. Such official has
the authority to make all decisions regarding the granting of assistance
under RSA 165 during normal work hours. The term includes "overseers
of public welfare" (RSA 165:1; RSA 41:46) and "administrator of town
or city welfare," RSA 165:2.
Labor performed by welfare recipients at municipal sites
as reimbursement for benefits received as provided in RSA 165:31.
A voluntary written or verbal request by the applicant to
stop the process of eligibility determination of General Assistance.
A General Assistance Program is administered as required in
RSA 165 to meet the Town's legal obligation. These guidelines
are designed:
Information given by or about an applicant or recipient of General
Assistance is confidential and privileged, and is not a public record
under the provisions of RSA 91-A. Such information shall not be published,
released, or discussed with any individual or agency without written
permission of the applicant or recipient except when disclosure is
required by law, legal process, or when necessary to carry out the
purposes of the law in accordance with RSA 165:2-c.
A.
Adoption of required guidelines. The Town Council shall adopt the
Welfare Guidelines regarding General Assistance in accordance with
RSA 165:1, Subdivision II. The Town Council shall review and revise
these guidelines at least every five years per the Town Charter Chapter
5-6(C) and as appropriate and necessary when there are changes in
the NH state law or conditions of the Town.
B.
Appointment of the Welfare Administrator and Welfare Officials. The
Town Manager shall appoint a Welfare Administrator and Welfare Officials
in accordance with Town Charter Chapter 7-7(B). The Welfare Administrator
will be responsible for administration and supervision of backup Welfare
Officials in accordance with the provisions of the NH state law and
the Town Charter.
A.
Right to a written decision. All persons have a constitutional right to be free of unfair, arbitrary or unreasonable action taken by government. This includes applicants for and recipients of General Assistance whose Assistance has been denied, terminated or reduced. Every applicant and recipient shall be given a written notice of every decision regarding assistance (See § 193-7E). The Welfare Official will make every reasonable effort to ensure that the applicant understands the decision.
B.
Action taken for reasons other than noncompliance with the guidelines.
(1)
Whenever a decision is made to deny assistance or to refuse to grant
the full amount of assistance requested for reasons other than noncompliance
with these Guidelines or state law, a notice of decision shall be
given or mailed to address on record in the Welfare Office to the
applicant either the same day or next work day following the rendering
of the decision or within five business days from the time the application
was submitted, whichever occurs first. A copy of the notice of decision
shall be placed in the case file.
(2)
The notice of decision shall contain:
(a)
A clear statement of the reasons for the denial or proposed
termination or reduction of assistance.
(b)
A statement advising the recipient of his/her right to a fair
hearing and that any request for a fair hearing must be submitted
in writing within five business days of the date of the notice of
decision.
(c)
A form on which the recipient may request a fair hearing.
(d)
A statement that assistance may continue (only if there was
initial assistance was being given prior to this new request and only
in that previous amount) until the date of hearing, if requested by
the appellant. Continued assistance must be repaid if the appellant
fails to prevail at the hearing.
(3)
In any case where the Welfare Official intends to terminate or reduce
assistance for reasons other than noncompliance with the guidelines,
the Official shall mail written notice of the intended action to the
recipient to the address of record in the Welfare Office at least
seven days in advance of the effective date of the notice of decision
stating the intended action.
C.
Suspension for noncompliance with the guidelines.
(1)
Due process. Recipients must comply with these Guidelines, state
law and the reasonable requests of the Welfare Official. The Welfare
Official must enforce the guidelines while ensuring that all recipients
and applicants receive due process. Recipients shall be given reasonable
notice of the conditions and requirements of eligibility and continuing
eligibility and notice that noncompliance may result in reduction,
suspension or termination.
(2)
(3)
First notice. No recipient otherwise eligible shall be suspended
for noncompliance with conditions and requirements under these Guidelines
or state law unless he/she has been given a written notice of the
actions required in order to become or remain eligible and a seven-day
period within which to comply. The first notice shall be given at
the time of the notice of decision and with every notice of decision
thereafter as conditions change. Additional notice of actions or conditions
of assistance required shall also be given, as eligibility is re-determined,
but without an additional seven-day period unless new actions are
required (RSA 165:1-b, Subdivision II).
(4)
Noncompliance after first notice or conditions of assistance. If a recipient willfully fails to come into compliance during the seven-day period, or falls into noncompliance during the duration of assistance, the Welfare Official shall give the recipient an ineligibility or suspension notice notifying the recipient of their ineligibility or suspension, as set forth in § 193-5C(5) below.
(5)
Ineligibility or suspension notice. Written notice to a recipient
that he/she is suspended from assistance due to failure to comply
with the conditions required in a first notice or conditions of assistance
shall include:
(a)
A list of the guidelines with which the recipient is not in
compliance and a description of those actions necessary for compliance;
(c)
Notice of the right to a fair hearing and that such request
must be made in writing within five days of receipt of the ineligibility
or suspension notice;
(d)
A form on which the individual may request a fair hearing as
well as request the continuance of currently received assistance pending
the outcome; and
(e)
A statement that assistance may continue in accordance with
the prior eligibility determination until the fair hearing decision
is made if the recipient so requests on the request form for the fair
hearing. If the recipient fails to prevail at the hearing the suspension
will start after the fair hearing decision and such assistance must
be repaid by the recipient from the date of the notice of decision.
(6)
Suspension period. The period of ineligibility for failure to comply
with these guidelines shall last:
(a)
Either seven days, or 14 days if the recipient has had a prior
suspension which ended within the past six months; plus.
(b)
For any period of time following this initial seven- or fourteen-day
period that the recipient continues to fail to comply with the Guidelines;
and
(c)
Notwithstanding § 193-5C(6)(b) above, a recipient who has been suspended for noncompliance for at least six months may file a new application for assistance without coming back into compliance.
(7)
Fair hearing on continuing noncompliance. A recipient who has been determined ineligible or suspended until he/she complies with the guidelines may request a fair hearing to resolve a dispute over whether or not he/she has satisfactorily complied with the required guidelines; however, no continued assistance shall be available under § 193-5C(5)(e).
(8)
Compliance after suspension. A recipient who has been subject to
a suspension and who has come back into compliance shall have his/her
assistance resumed, provided he/she is still otherwise eligible. If
more than 30 days have lapsed since the last appointment to determine
eligibility of assistance, the Welfare Official shall require a new
appointment and new or updated application with required verification
to be completed by the recipient so that the Welfare Official can
determine if the recipients are still eligible. The notice of decision
stating that assistance has been resumed shall again set forth the
actions required to remain eligible for assistance, but need not provide
a seven-day period for compliance unless new conditions have been
imposed.
A.
Request. A request for a fair hearing before a fair hearing officer,
by the applicant or recipient, or any authorized person acting for
him/her, "appellant," must be in writing.
B.
Time limit to file request. When a request for assistance is denied
or when an applicant desires to challenge a decision made by the Welfare
Official relative to the receipt of assistance, the applicant must
present a request for a fair hearing to the Welfare Official within
five business days of receipt of the notice of decision at issue,
unless otherwise provided in these Guidelines.
C.
Time limits for hearings.
(1)
Hearings requested by appellants will be held within seven business
days of the receipt of the request. The Welfare Official shall give
notice to the appellant setting the time and location of the hearing
and that the hearing will be recorded. This notice must be given to
the appellant at least 48 hours in advance of the hearing, or mailed
to the appellant at least 72 hours in advance of the hearing.
(2)
The hearing may only be postponed and rescheduled one time.
D.
The fair hearing officer(s). The fair hearing officer or officers
shall be chosen by the Town Manager. The fair hearing officer(s) and
date of appointment shall be recorded on fair hearing officer appointment
sheet. The person(s) serving as the fair hearing authority must:
(1)
Not have participated in the decision causing the appellant's
dissatisfaction;
(2)
Be impartial;
(3)
Be sufficiently skilled in interviewing to be able to obtain evidence
and facts necessary for a fair determination;
(4)
Be capable of evaluating all evidence fairly and realistically; and
(5)
Be capable to explain to the appellant the laws and regulations under
which the Welfare Official operated, and to explain to the Welfare
Official the fair hearing officer's interpretation of any evidence
of unsound, unclear or inequitable policies, practices or action.
E.
Fair hearing procedures.
(1)
All fair hearings shall be conducted in such a manner as to ensure
due process of law and shall be audio or video recorded and place
in the appellant's case file.
(2)
The burden of proof shall be on the appellant, who shall be required
to establish his/her case by a preponderance of the evidence.
(3)
The fair hearing officer shall not review the case record or other
materials prior to introduction at the hearing.
(4)
The parties may stipulate to any facts.
(5)
An appellant or his/her duly authorized representative has the right
to examine, prior to a fair hearing, all records, papers and documents
from the appellant's case file which either party may wish to
introduce at the fair hearing, as well as any available documents
not contained in the case file but relevant to the Welfare Official's
action of which the appellant complains. The appellant may introduce
any such documents, papers or records into evidence. No record, paper
or document which the appellant has requested to review but has not
been allowed to examine prior to the hearing shall be introduced at
the hearing or become part of the record.
(6)
The Welfare Official responsible for the disputed decision shall
attend the hearing and testify about his/her actions and the reasons
therefor.
(7)
Fair hearings shall not be conducted according to strict rules of
legal procedure and evidence. Both parties shall be given the opportunity
to offer evidence and explain their positions as fully and completely
as they wish.
(8)
The appellant shall have the opportunity to present his/her own case
or, at the appellant's option, with the assistance of others,
and to bring witnesses, to establish all pertinent facts, to advance
any arguments without undue interference, to question or refute testimony
or evidence, including the opportunity to confront and cross-examine
adverse witnesses. However, in order to protect the right of cross-examination,
the fair hearing official shall not rely upon any hearsay evidence
in making his/her decision if any party objects to its introduction.
(9)
The Welfare Official (or a duly authorized representative) shall
have the right to examine at the fair hearing all documents on which
the appellant plans to rely at the fair hearing and may request a
twenty-four-hour continuance if such documents contain evidence not
previously provided or disclosed by the appellant. Should the applicant
have new documentation relevant to the disputed decision, he/she may
reapply for assistance and file a written withdrawal of the fair hearing
request.
(10)
The decision of the fair hearing officer(s) shall be based solely
on the record, in light of these guidelines. Evidence, both written
and oral, which is admitted at the hearing, shall be the sole contents
of the record.
F.
Decisions.
(1)
Decisions shall be in writing, set forth the reasons for decision
and enumerate the facts on which the fair hearing officer relied in
reaching the decision.
(2)
Fair hearing decisions shall be dated and rendered within seven business
days of the hearing.
(3)
A copy of the decision shall be mailed to the appellant to the address
on record in the Welfare Office and to the Welfare Official. If appropriate
relief is decided, the fair hearing decision shall set forth the scope
of the relief in the decision.
(4)
Fair hearing decisions shall be rendered on the basis of the officer's
findings of Fact based on the time of the decision, these guidelines
and state and federal law.
(5)
In the case of a hearing to review a denial of assistance, the decision
is retroactive to the date of the action being appealed. If an appellant
fails to prevail at the hearing, any continued assistance given pending
the hearing shall be a debt owed by the individual to the Town of
Merrimack.
(6)
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.
(7)
The Welfare Administrator shall keep all fair hearing decisions on
file in chronological order.
A.
Right to apply.
(1)
Any person or their authorized representative may apply for General
Assistance by appearing in person and by completing and signing an
application form. If more than one adult resides in a household, each
may be required to appear at the welfare office to apply for assistance,
unless one is working or otherwise reasonably unavailable. Unrelated
adults in the applicant's residential unit may be required to
apply separately if they do not meet the definition of "household"
as defined in these guidelines. Each adult in the household shall
be required to sign release of information forms.
(2)
Per RSA 165:4-c An eviction notice issuance shall not be required
for application or for providing rental assistance. An eviction notice
can be required in documenting emergency assistance, timely application
and decisionmaking and referrals to other agencies with eviction notice
requirement for consideration of additional rent arrearage assistance.
(3)
The Welfare Official shall not be required to accept an application for General Assistance from a recipient who is subject to a current suspension for noncompliance per § 193-5C of these guidelines (RSA 165:1-b, Subdivision VI); provided that any applicant who contests a determination of continuing noncompliance with the guidelines may request a fair hearing as provided in § 193-5C(7); and provided further that a recipient who has been suspended for at least six months due to noncompliance may file a new application.
(4)
The Welfare Official shall determine the process by which eligibility determinations shall be made, by, including but not limited to, in-person appointments, via telephone or video or home visits. See Home visits, § 193-7F. The Welfare Official shall provide assistance to the applicant in completing the application, if necessary (e.g., applicant is physically or mentally unable, or has a language barrier, etc.).
B.
Welfare Official's responsibilities at time of application.
When application is made for General Assistance, the Welfare Administrator
shall inform the applicant of:
(1)
The applicant's right to review the guidelines and receive a
copy of the guidelines free of charge;
(2)
The requirement of submitting an application;
(3)
Eligibility requirements, including a general description of the
guideline amounts and the eligibility formula;
(4)
The applicant's right to a fair hearing, and the manner in which
a review may be obtained;
(5)
The applicant's responsibility for reporting all facts necessary
to determine eligibility, and for presenting records and documents
as requested and as reasonably available to support the application;
(6)
The joint responsibility of the Welfare Official and applicant for
exploring facts concerning eligibility, needs and resources;
(7)
The forms of verifications required;
(8)
The requirement that an investigation shall be conducted in order
to verify facts and statements presented by the applicant;
(9)
The applicant's responsibility to notify the Welfare Office
within 72 hours of any change in circumstances that may affect eligibility;
(10)
Other forms of public or private assistance for which the applicant
may be eligible;
(11)
The requirement that the Town of Merrimack place a lien on any
real property owned by the recipient, or any civil judgments or property
settlements or property passing under the terms of a will or by intestate
succession, for any assistance given, except for good cause;
(12)
The requirement that responsible relatives according to RSA
165:19 may be contacted to determine recovery or the ability to provide
assistance;
(13)
The requirement that reimbursement from the recipient shall
be sought if he/she becomes able to repay the amount of assistance
given;
(14)
The applicant's responsibility not to voluntarily terminate
employment without good cause, as required by RSA 165:1-d: and,
C.
Responsibility of each applicant.
(1)
At the time of initial application, and at all times thereafter,
the applicant and each household member age 18 years or older have
the following responsibilities:
(a)
To provide accurate, complete and current information concerning
needs and resources and the whereabouts and circumstances of relatives
who may be responsible under RSA 165:19;
(b)
To notify the Welfare Office within 72 hours when there is a
change in needs, resources, address or household size;
(c)
To apply for immediately but no later than seven days from initial
application, and accept any benefits or resources, public or private,
that will reduce or eliminate the need for General Assistance [RSA
165:1-b, Subdivision I(d)];
(d)
To keep all appointments as scheduled;
(e)
To provide records and other pertinent information and access
to said records and information when requested;
(f)
To provide a doctor's statement if claiming an inability
to work due to medical problems;
(g)
Following a determination of eligibility for assistance, to
diligently search for employment and provide verification of work
search (the number of work search contacts to be determined by the
Welfare Official), to accept employment when offered [except for documented
reasons of good cause (RSA 165:1-d)], and to maintain such employment
[RSA 165:1-b, Subdivision I(c)];
(h)
Following a determination of eligibility for assistance, to
participate in the work program if physically and mentally able; and
(i)
To reimburse the Town of Merrimack for any assistance provided
if recipient returns to an income status and if such reimbursement
can be made without financial hardship (RSA 165:20-b).
(2)
An applicant shall be denied assistance if he/she or any household
member above age 18 fails to fulfill any of these responsibilities
without reasonable justification.
(3)
Any applicant may be denied General Assistance, in accordance with § 193-5, and/or may be prosecuted for a criminal offense, if he/she, by means of intentionally false statements or intentional misrepresentation, or by impersonation or other willfully fraudulent act or device, obtains or attempts to obtain any assistance to which he/she is not entitled.
D.
Responsibility of each recipient.
(1)
At all times the recipient and each household member above the age
18 years or older have the following responsibilities:
(a)
To provide accurate, complete and current information concerning
needs and resources and the whereabouts and circumstances of relatives
who may be responsible under RSA 165:19;
(b)
To notify the Welfare Office within 72 hours when there is a
change in needs, resources, address or household size;
(c)
To apply immediately to other assistance, but no later than
seven days from date that the Welfare Official requires assistance
application and accept any benefits or resources, public or private,
that will reduce or eliminate the need for General Assistance [RSA
165:1-b, Subdivision I(d)];
(d)
To keep all appointments as scheduled;
(e)
To provide records and other pertinent information and access
to said records and information when requested;
(f)
To provide a doctor's statement if claiming an inability
to work due to medical problems;
(g)
To diligently search for employment and provide verification
of work search (the number of work search contacts to be determined
by the Welfare Official), to accept employment when offered [except
for documented reasons of good cause (RSA 165:1-d)], and to maintain
such employment [RSA 165:1-b, Subdivision I(c)];
(h)
To participate in the work program if physically and mentally
able [RSA 165:1-b, Subdivision I(b)] and
(i)
To reimburse the Town of Merrimack for any assistance provided
if the recipient returns to an income status and if such reimbursement
can be made without financial hardship (RSA 165:20-b).
(2)
A recipient's assistance may be terminated or suspended for failure to fulfill any of these responsibilities without reasonable justification, in accordance with § 193-5.
(3)
Any recipient may be denied or terminated from General Assistance, in accordance with § 193-5 and/or may be prosecuted for a criminal offense, if he/she, by means of intentionally false statements or intentional misrepresentation, or by impersonation or other willfully fraudulent act or device, obtains or attempts to obtain any assistance to which he/she is not entitled.
E.
Actions on applications.
(1)
Decision. Unless an application is withdrawn, the Welfare Official
shall make a decision concerning the applicant's eligibility
immediately in the case of emergency, or within five business days
after submission of the application. A written notice of decision
shall be given in hand, emailed or mailed to the address or email
on record in the Welfare Office on the same day or next business day
following the rendering of the decision. The notice of decision shall
state that assistance of a specific kind and amount has been given
and the time period of assistance, or that the application has been
denied, in whole or in part, with reasons for denial. The notice of
decision shall contain a first notice of conditions for continued
assistance and shall notify the applicant of his/her right to a fair
hearing if dissatisfied with the Welfare Official's decision
(RSA 165:1-b, Subdivisions II and III).
(2)
Pending decision. If an application is received, but additional information
is required from the applicant or if awaiting the decision of a resource
or assistance that would duplicate municipal assistance, a notice
of decision pending the receipt of such information or decision may
be given. The notice of decision must specify the information required
from the applicant and the date required. A final notice of decision
should be provided following the expiration of time on the pending
notice of decision.
(3)
Emergency assistance. If, at the time of initial contact, the applicant
demonstrates and verifies that the applicant may suffer the loss of
a needed basic need if assistance is withheld until a decision is
made within the usual limit specified in these guidelines (ex., loss
of shelter, loss of needed heat, or lack of food or medically necessary
prescriptions), then temporary assistance to fill such immediate need
shall be provided to prevent the imminent threat to life or health,
pending a decision on the application. Such emergency assistance shall
not obligate the Welfare Official to provide further assistance after
the application process is completed, and may be required to be paid
back by the recipient to the Town of Merrimack if the application
is subsequently denied.
(4)
Temporary assistance. In circumstances where required records are
not available, the Welfare Official may give temporary approval of
an application pending receipt of required documents. Temporary status
shall not extend beyond two weeks. The Welfare Official shall not
insist on documentary verification if after investigation such records
are totally unavailable and the required information can be otherwise
established by the applicant.
(5)
Withdrawn applications. An application shall be considered withdrawn
if:
(a)
The applicant has refused to complete and sign an application
or has refused to make a good faith effort to provide required verifications
and sufficient information for the completion of an application. If
an application is deemed withdrawn for these reasons, the Welfare
Official shall notify the applicant in a written notice of decision;
(b)
The applicant dies before assistance is rendered;
(c)
The applicant avails him/herself of other resources to meet
the need in place of assistance;
(d)
The applicant requests that the application be withdrawn (preferably
in writing); or,
(e)
The applicant does not contact the Welfare Official within seven
days after the initial interview after being requested to do so.
F.
Home visits.
(1)
A home visit by the Welfare Official shall only be made if it is
impossible for the applicant or their representative to complete an
application to the Welfare Office by in person appointment, by telephone,
by video, by mail or by fax. All home visits shall be by appointment
only, and shall take place between the hours of 8:30 a.m. and 4:30
p.m. on weekdays. The Welfare Official reserves the right to be accompanied
by another authorized Town employee for any home visit if the Welfare
Official deems safety or the knowledge of any Town employee would
be needed or helpful to the application of assistance.
(2)
The home visit shall be conducted in such a manner as to preserve,
to the greatest extent possible, the privacy and dignity of the applicant.
To this end, the person conducting the visit shall not be in uniform
or travel in a marked law enforcement vehicle, shall be polite and
courteous, and shall not knowingly discuss or mention the application
within the hearing area of someone who is not a member of the household.
A.
Eligibility. Applicants who are temporarily in Town of Merrimack
and Merrimack is not their residence and who do not intend to make
their residence in Merrimack are nonetheless eligible to receive General
Assistance, provided they are poor and unable to support themselves
(RSA 165:1-c). No applicant shall be refused assistance solely on
the basis of residence (RSA 165:1).
B.
Standards. The application procedure, eligibility standards and standard
of need shall be the same for nonresidents as for residents.
C.
Verification. Verification records shall not be considered unavailable,
nor the applicant's responsibility for providing such records
relaxed, solely because they are located in the applicant's municipality
of residence.
D.
Temporary or emergency assistance. The standards for the fulfilling of immediate or emergency needs of nonresidents and for temporary assistance pending final decision shall be the same as for residents, as set forth in § 193-7E.
E.
Determination of residence.
(1)
Determination of residence shall be made if the Welfare Official has reason to believe the applicant is a resident of another New Hampshire municipality from which recovery can be made under RSA 165:20 or if the applicant requests return home transportation (See § 193-8F below).
(a)
Minors. The residence of a minor applicant shall be presumed
to be the residence of his/her custodial parent or guardian.
(b)
Adults. For competent adults, the standard for determining residence shall be the overall intent of the applicant, as set forth in the § 193-1 definition of "residence." The following criteria shall assist the Welfare Official in determining the applicant's residence:
[1]
Does the applicant have, or immediately intend to establish
a dwelling with the Town of Merrimack?
[2]
Does the applicant have property, an established dwelling place
or employment in any other municipality to which he/she intends to
return?
[3]
Does the person have a present intent to leave the Town of Merrimack
at some specific future time?
[4]
Has the person evidenced his/her domiciliary intent in some
manner, such as registering a vehicle, paying residence tax, registering
to vote, opening local bank accounts, etc., or does he/she intend
to do so in the immediate future?
(2)
None of the above factors is conclusive. The statement of an applicant
over 18 as to his/her residence or intent to establish residence shall
be accepted in the absence of strongly inconsistent evidence or behavior.
F.
Return home transportation. At the request of a nonresident applicant,
any assistance, temporary or otherwise, to which he/she would be otherwise
entitled under the standards set forth in these guidelines, may be
used by the Welfare Official to return the applicant to his/her municipality
of residence (RSA 165:1-c).
G.
Emergency housing in another municipality. (RSA 165:1-c)
(1)
In addition to emergency housing governed by RSA 126-A:30, a person
does not change his or her residency status while in a hospital, a
correctional facility, a treatment program center, or a hotel or motel
paid for by a municipality or other service provider, except as provided
in this section.
(2)
A person who leaves emergency housing in a particular municipality
of their own free will and remains in that same municipality in a
situation of homelessness or is removed from emergency housing for
noncompliance or policy violations of emergency housing or local welfare
regulations shall not be considered to have changed his or her residency
status unless they remain in that municipality for a consecutive thirty-day
period or longer.
(3)
A person assisted by a municipality, or other assistance providers,
with emergency housing assistance in a hotel or motel in another municipality,
who then self pays in that municipality for a consecutive thirty-day
period without municipal or other provider assistance shall, for local
welfare purposes only, be considered a resident of that other municipality.
(4)
Temporary urgent assistance may need to be provided to meet basic
needs of transient individuals or residents of other municipalities.
Municipalities shall communicate and coordinate assistance options
with each other, including reimbursements from municipalities of origin
pursuant to RSA 165:2-a.
Any determination or investigation of need or eligibility that
is necessary to determine eligibility or investigation of fraud within
the scope of these Guidelines shall be conducted in a professional
and reasonable manner.
A.
Written consent of applicant.
(1)
Before contact is made with any other source, the Welfare Official
shall obtain written consent of the applicant or recipient.
(2)
When information is sought from such other sources, the Welfare Official
shall explain to the applicant or recipient what information is desired,
how it will be used, and the necessity of obtaining it in order to
establish eligibility.
(3)
In the case of suspected fraud, the Welfare Official shall carefully
record his/her reasons and actions.
B.
Required verifications. Verification will normally be required of
the following:
(1)
Applicant's address;
(3)
Names of persons in applicant's residential unit;
(4)
Applicant's and household's income and assets;
(5)
Applicant's and household's financial obligations;
(6)
The physical and mental condition of household members, only where
relevant to their receipt of assistance, such as ability to work,
determination of needs, or referrals to other forms of assistance;
(7)
Any special circumstances claimed by the applicant;
(8)
Applicant's employment status and availability in the labor
market;
(9)
Names, addresses, and employment status of potentially liable relatives;
(10)
Utility costs;
(11)
Housing costs;
(12)
Prescription costs; and
C.
Verification records. Verification may be made through records provided
by the applicant [for example, birth and marriage certificates, pay
stubs, pay checks, rent receipts, bank/debit account(s) information,
etc.] as primary sources. The failure of the applicant to bring such
records does not affect the Welfare Official's responsibility
to process the application promptly. The Welfare Official shall inform
the applicant what records are necessary, and the applicant is required
to produce records possessed as soon as possible. However, the Welfare
Official shall not insist on documentary verification if such records
are not available, but shall ask the applicant to suggest alternative
means of verification.
D.
Other sources of verification. Verification may also be made through
other sources, such as relatives, employers, former employers, banks,
school personnel, and social or government agencies. The cashier of
a national bank or a treasurer of a savings and trust company is authorized
by law to furnish information regarding amounts deposited to the credit
of an applicant or recipient (RSA 165:4).
E.
Legally liable relatives. The Welfare Official may seek statements
and/or financial affidavits from the applicant's legally liable
relatives regarding their ability to help support the applicant (RSA
165:19).
F.
Refusal to verify information. If the applicant or recipient refuses
comment and/or indicate an unwillingness to have the Welfare Official
seek further information that is necessary, assistance may be denied
for lack of eligibility verification.
A.
Eligibility formula. An applicant is eligible to receive assistance
when:
(2)
The applicant's basic maintenance need, as determined under § 193-10E, exceeds his/her available income (§ 193-10F) plus available liquid assets (§ 193-10D). If available income and available liquid assets exceed the basic maintenance need, as determined by the guideline amounts, the applicant is not eligible for General Assistance. If the need exceeds the available income/assets, the amount of assistance granted to the applicant shall be the difference between the two amounts, in the absence of circumstances deemed by the Welfare Official to justify an exception.
B.
Legal standard and interpretation. "Whenever a person in any town
is poor and unable to support himself he shall be relieved and maintained
by the overseers of public welfare of such town, whether or not he
has residence there." RSA 165:1.
(2)
"Whenever" means at any or whatever time that person is poor and
unable to support him or herself.
(3)
"Poor and unable to support" means that an individual lacks income
and available liquid assets to adequately provide for the basic maintenance
needs of him/herself or household as determined by the guidelines.
(4)
"Relieved" means an applicant shall be assisted to meet those basic
needs as determined by the Municipality's Welfare Guidelines.
(5)
"Maintained" means that assistance could be continued as long as
the applicant is and remains eligible during that period as determined
by the Municipality's Welfare Guidelines.
C.
Nonfinancial eligibility factors.
(1)
Age. General Assistance shall not be denied any applicant because
of the applicant's age; age is not a factor in determining whether
or not an applicant may receive General Assistance. However, age does
make certain applicants eligible for other state or federal assistance.
For example, over 65: Old Age Assistance (OAA), Social Security or
under 18 years: Temporary Assistance Needy Families (TANF), foster
care, etc. Income from those types of assistance does affect eligibility
under the guidelines. Minor children are deemed to be the responsibility
of their parent(s) or legal guardian(s), unless circumstances warrant
otherwise.
(2)
Support actions. No applicant or recipient shall be compelled, as a condition of eligibility or continued receipt of assistance, to take any legal action against any other person. The Town of Merrimack may pursue recovery against legally liable persons or governmental units. See § 193-17.
(3)
Eligibility for other categorical assistance. Recipients who are, or may be, eligible for any other form of public assistance shall apply or make appropriate appointments for such assistance immediately, but no later than seven days after being advised to do so by the Welfare Official. Failure to do so may render the recipient ineligible for assistance under these Guidelines and subject to action per § 193-5 of these guidelines.
(4)
Employment.
(a)
An applicant who is gainfully employed, but whose income and
assets are not sufficient to meet necessary household expenses, may
be eligible to receive General Assistance.
(b)
Recipients, who without good cause, refuse a job offer or referral
to suitable employment or participation in the work program, or who
voluntarily leave a job without good cause, may be ineligible for
General Assistance.
(c)
The Welfare Official shall first determine whether there is
good cause for such employment refusal, taking into account the ability
and physical and mental capacity of the applicant, transportation
problems, business conditions that might involve risks to health or
safety, lack of adequate child care, or any other factors that might
make refusing a job reasonable. These employment requirements shall
extend to all adult members of the household.
(d)
A recipient or other adult household member who, without good cause, voluntarily leaves a job may be ineligible for General Assistance in accordance with RSA 165:1-d. [Also see § 193-10C(9) of these Guidelines.]
(5)
Registration with the New Hampshire Department of Employment Security
(NHES) and Work Search Requirements. All unemployed recipients and
adult members of their households shall, within seven days after having
been granted assistance, register with NHES to find work. In addition
to any other referrals or applications required by NHES, each recipient
and adult members shall conduct a reasonable, verified job search
as determined by the Welfare Official. Each recipient and adult members
shall apply for employment to each employer to whom he/she is referred
by the Welfare Official.
(a)
These work search requirements apply to each recipient and each
other adult member of the household unless such person is:
[1]
Already working and being compensated or receiving net income
for full-time work;
[2]
A dependent 18 years or under who is regularly attending secondary
school;
[3]
Unable to work due to illness or mental or physical disability
of him/herself or another member of the household, as verified by
the Welfare Official; or
[4]
Is solely responsible for the care of a child under the age
of one year. A recipient responsible for the care of a child aged
one to 12 years shall not be excused from work search requirements,
but shall be deemed to have good cause to refuse a job requiring work
during hours the child is not usually in school, if there is no responsible
person available to provide care, and it is verified by the Welfare
Official that no other care is available.
(b)
The Welfare Official shall give all necessary and reasonable
assistance to ensure compliance with registration and work requirements,
including the granting of allowances for transportation and work clothes.
(c)
Failure of a recipient to comply with these requirements without
good cause shall be reason for denial of, or cessation of, assistance.
(6)
Adult students. General Assistance applicants or recipients and members
of household who are 18 years old or over and are not available for
or refusing to seek or accept full-time employment due to post-secondary
education (after 12th grade) are not eligible for General Assistance.
(7)
Property transfers. No applicant who is otherwise eligible shall
receive such assistance if he/she has made an assignment, transfer,
or conveyance of property for the purpose of rendering him/herself
eligible for assistance within three years immediately preceding his/her
application (RSA 165:2-b).
(8)
Employment of household members.
(a)
The employment requirements of these guidelines and participation
in the Welfare Work Program shall be required for all adults aged
18 to 65 years residing in the same household, except those adults
who regularly attend secondary school or are employed on a full-time
basis, who are:
[1]
Members of the recipient's household;
[2]
Related to the recipient or are legally liable to contribute
to the support of the recipient and/or children of the household;
and
[3]
Not otherwise prevented from maintaining employment and contributing
to the support of the household by reasons such as physical or mental
disability, sole child-care responsibility for a child under five
or other justifiable cause as verified by the Welfare Official.
(b)
The Welfare Official may waive this requirement where failure
of the other household members to comply is not the fault of the recipient
and the Welfare Official decides it would be unreasonable for the
recipient to establish a separate household (RSA 165:32).
(9)
Disqualification for voluntary termination of employment (RSA 165:1-d).
(a)
An applicant shall be considered to have voluntarily terminated
employment if the applicant quits, or fails to report for work without
good cause. An applicant who is fired or resigns from a job at the
request of the employer due to applicant's inability to maintain
the employer's normal work productivity standard shall not be
considered to have voluntarily terminated employment.
(b)
Any applicant eligible for assistance that voluntarily terminated
employment shall be ineligible to receive assistance for 90 days from
the date of employment termination provided the applicant:
[1]
The applicant has received local welfare within the past 365
days and has been given notice that voluntary termination of employment
without good cause could result in disqualification.
[2]
There are no children under 18 years old in the applicant's
household which the applicant is legally responsible for supporting.
[3]
The applicant did not have a mental of physical impairment which
caused him/her to be unable to work.
[4]
The applicant terminated employment which consisted of at least
20 hours per week within the last 60 days prior to an application
for local welfare; and
[5]
The applicant did not have good cause for terminating the employment.
[a]
Good cause for terminating employment shall include
any of the following:
[i]
Discrimination;
[ii]
Unreasonable work demands or conditions;
[iii]
Retirement;
[iv]
Employment which becomes unsuitable following
the applicant's acceptance;
[v]
Leaving a job in order to accept a bona fide job
offer as described in RSA 165:1-d, Subdivision II(e);
[vi]
Migrant farm labor, seasonal construction, or
similar seasonal/moving work;
[vii]
Lack of transportation, household emergency,
or other circumstance beyond the control of the applicant; and
[viii]
Other good cause.
[b]
The applicant would be responsible for demonstrating
good cause.
D.
Available assets.
(1)
Available liquid assets.
(a)
Available liquid assets are cash on hand, bank deposits, credit
union, checking, savings and debit accounts, securities and retirement
plans (i.e., IRAs, deferred compensation, Keogh's, etc). Insurance
policies with a loan value, 401K availability and nonessential personal
property may be considered as available liquid assets when they have
been converted into cash. The Welfare Official shall allow a reasonable
time for such conversion.
(b)
Available liquid assets may not be tools of a trade, livestock
and farm equipment, and necessary and ordinary household goods are
essential items of personal property.
(2)
Automobile ownership. The ownership of one automobile by an applicant/recipient
or his/her dependent does not affect eligibility if it is essential
for transportation to seek or maintain employment, to procure medical
services or rehabilitation services, or if its use is essential to
the maintenance of the individual or the family.
(3)
Insurance. The ownership of insurance policies does not affect eligibility.
However, when a policy has cash or loan value, the recipient will
be required to obtain and/or borrow all available funds, which shall
then be considered available liquid assets.
(4)
Real estate. The type and amount of real estate owned by an applicant
does not affect eligibility, although rent or other such income from
property shall be considered as available liquid assets. Applicants
owning real estate property, other than that occupied as their primary
residence, shall make reasonable efforts to dispose of it at fair
market value in order to receive assistance. Applicants shall be informed
that a lien covering the amount of any General Assistance they receive
shall be placed against any real estate they own (RSA 165:28).
E.
Standard of need. "The basic financial requirement for General Assistance
is that an applicant be poor and unable to support him/herself." (RSA
165:1-a). An applicant shall be considered poor when he/she has insufficient
available income/assets to purchase either for him/herself or dependents
any of the following.
(1)
Housing. The amount to be included as "need" for housing is the actual
cost of rent or mortgage, provided such is reasonable, but in no case
more than is determined necessary to provide housing by New Hampshire
Housing Finance Authority (NHHFA) "Fair Market Rents" for Hillsborough
County. The Welfare Administrator will review these rent levels annually
and will update and modify the levels when NHHFA determine market
conditions have changed.
(a)
Permanent tenancy housing arrearages. No housing arrearages
will be included in the "need" formula, however, arrearages may be
considered in emergency situations where: negotiations fail and eviction
or foreclosure is imminent; no other assistance is available; or no
other affordable or alternative emergency shelter exists. Also if
the amount of such mortgage or rental arrearage exceeds the cost of
alternative, available housing which complies with local health and
housing code standards, or if the payment of arrears will not prevent
eviction or foreclosure, the Welfare Official may instead authorize
payment of a new first month rent. Reasonable relocation expenses
may be considered as "need" for such alternative housing evictions
or foreclosures. Alternative housing may include transitional housing
as an option.
(b)
Security deposits. Security deposits may be included in the
"need" formula if, and only if, the applicant is unable to secure
alternative housing for which no security deposit is required or is
unable to secure funds, either him/herself or from alternative sources,
for payment of the deposit. Payments for security deposits will only
be made if the applicant/recipient is unable to secure a security
deposit under the Guaranteed Security Deposit Program. If a security
deposit is paid by The Town of Merrimack under this General Assistance
Program it shall be returned to the Town of Merrimack and not the
recipient (RSA 540-A:7).
(c)
Relative landlords. Whenever a relative of an applicant is also
the landlord for the applicant, the responsible relative shall complete
a financial affidavit providing information of income, assets and
expenses. The Welfare Official shall complete a financial analysis
to determine whether the relative is unable to assist the applicant/recipient
before any housing assistance is paid in accordance with RSA 165:19.
(d)
Property taxes and home insurance. These expenses will be considered
"need" if charges are part of a monthly mortgage bill and are required
by the mortgage company to keep from foreclosure and if principle,
interest and escrows do not exceed the NHHFA "Fair Market Rents" for
Hillsborough County. Otherwise, property taxes and homeowners insurance
will be considered in "need" when payment is due. Property taxes needed
to prevent tax deeding may be considered "need" and the Welfare Official
can pay the amount to prevent tax deeding as "other" expense to the
Tax Collector.
(e)
Condo fees, home equity loans and second or third mortgages.
These expenses may only be considered "need" if the combined total
costs including their primary principal, interest and escrows does
not exceed the NHHFA "Fair Market Rents" for Hillsborough County.
(f)
Other home ownership expenses. When an applicant/recipient owns
their home, other home expenses such as sewer, water and essential
repairs deemed necessary by the Welfare Official to protect the health
and safety of the applicant/recipient's household may be included
as "need." Payment for repairs shall not be paid under General Assistance.
(g)
Emergency shelter. If the applicant/recipient is without housing
and is unable to afford housing, the applicant/recipient must accept
the least costly alternative for emergency shelter assistance that
is deemed suitable by the Welfare Official for his/her household.
It is not the Welfare Official's responsibility to locate housing
acceptable to the household. If the applicant/recipient refuses an
appropriate referral for emergency or temporary shelter or if the
applicant/recipient does not abide by the rules of the emergency or
temporary shelter, the Welfare Official may suspend the applicant
by refusing to pay for alternative emergency shelter or housing. The
applicant/recipient may not be suspended for other forms of assistance
to which he/she is eligible for.
(2)
Utilities. When utility costs are not included in the shelter expense,
the most recent outstanding monthly utility bill excluding arrearages
and other charges will be included as part of "need" by the Welfare
Official. Utility accounts shall be in the applicant's name in
order to provide payment. The Welfare Official may consider extenuating
circumstances when the bill is not in the applicant's name and
it affects the health and safety of the household members.
NOTE: Cable, satellite services and internet services are not
allowed as "need." No assistance for such services shall be provided
and applicants are required to make extended payment arrangements
with these types of companies if they want to keep these services.
NOTE: The New Hampshire Public Utilities Commission (PUC) has
established comprehensive rules governing the provision of some utility
services. Generally speaking, the PUC governs electric, telephone,
water, and sewer; it does not govern any municipal utilities, propane
tanks, or fuel oil. With the exception of telephone, the rules are
consistent across utilities. These rules and regulations cover the
initiation of service, payment arrangements, termination of service,
the terms of restoration of service, the requirement of deposits,
municipal guarantees and guarantees from other third parties. There
are special rules as to winter termination. The Welfare Official shall
be familiar with these rules in order to ensure that needs are properly
met at the lowest available cost. The PUC has a toll-free consumer
assistance number: 1-800-852-3793.
(a)
Arrearages.
[1]
Arrearages will not be included in "need" except when necessary
to ensure the health and safety of the applicant household or to prevent
termination of utility service when no other resources or referrals
can be utilized.
[2]
In accordance with the rules of the PUC relating to electric
utilities and natural gas, arrearages for electric service and natural
gas need not be paid if the Welfare Official notifies the electric
company or natural gas company that the Town of Merrimack guarantees
payment of average monthly electric or gas bills as long as the recipient
remains eligible for General Assistance.
(b)
Restoration of service.
[1]
When utility service has been terminated and the Welfare Official
has determined that alternative utility service is not available and
alternative shelter is not feasible, arrearages will be included in
"need" when restoration of service is necessary to ensure the health
and safety of the applicant household. The Welfare Official may negotiate
with the utility for payment of less than the full amount of the arrears
and/or may attempt to arrange a repayment plan to obtain restoration
of service.
[2]
When electric service has been terminated and restoration is
required, arrearages may either be included as set forth in the above
subsection, or may be paid in accordance with a reasonable payment
plan entered into by the applicant and the electric company. The Welfare
Official may hold the recipient accountable for the payment arrangement
as noted on the notice of decision or verbally as noted in the case
plan.
(c)
Deposits. Utility security deposits will be considered as "need"
if, and only if, the applicant is unable to secure funds for the payment
of the deposit and is unable to secure utility service without a deposit.
If the applicants/recipients do not have the resources to make a deposit,
the Welfare Official can make payment under General Assistance as
"other expense" and such deposits shall, however, be the property
of the Town of Merrimack.
(3)
Food. The amount included as "need" for food purchases will be in
accordance with the most recent standard Supplemental Nutrition Assistance
Program (SNAP) allotment, as determined under the SNAP Program administered
by the New Hampshire Department of Health and Human Services. An amount
in excess of the standard food allotment may be granted if one or
more members of the household need a special diet, as verified by
the Welfare Official, the documented cost of which is greater than
can be purchased with the family's allotment of SNAP. No amount
for need shall be included for alcohol, tobacco or pet food.
(4)
Household maintenance allowance.
(a)
The amount included as "need" for the purchase of personal and
household necessities will be the amount that the Welfare Official
will set as an allowance amount based on household size is set as:
[1]
Single person household: $14.37 per week or $62.22 a month,
and as may be further adjusted annually based upon the rate of inflation
shown by the Consumer Price Index.
[2]
Additional persons in household: $5.53 per week or $23.94 per
month, and as may be further adjusted annually based upon the rate
of inflation shown by the Consumer Price Index.
(b)
The Welfare Official may determine that an additional "need"
allowance for a basic need is required due to health and sanitary
needs that can be documented by receipts of expense. The Welfare Official
will update this allowance "need" yearly in October using the US Consumer
Price Index Calculator for Inflation, utilizing the most recent CPI-U
Index for the Northeast Region.
(5)
Telephone allowance.
(a)
The lowest available basic monthly rate for one telephone per
household will be included as "need" if there is a verified telephone
expense for one of the household members. The Welfare Official will
update this allowance "need" yearly in October using the NH DHHS SNAP
Utility Standards.
(b)
Payments under General Assistance will not be made for telephone
bills, unless there is verified exceptional circumstances that the
applicant/recipient's health or safety are at risk and no other
source of assistance is available, in such case, a payment may be
made to maintain basic voice telephone service.
(6)
Transportation. Expenses for one vehicle per household may be allowed
as in "need" when determining eligibility or amount of assistance
under General Assistance. Payments, however, for these expenses under
General Assistance will not be made.
(a)
Vehicle payment. One vehicle monthly payment up to a maximum
of $350 per month per household shall be included as part of "need"
when determining eligibility or amount of assistance for General Assistance.
Vehicle registration will be required to show ownership of vehicle
and loan or lease agreement will be required to show payment amount.
(b)
Vehicle gasoline.
[1]
Gasoline for one vehicle per household shall be included as
part of "need." Ten gallons per week times the NH state average of
regular gasoline as determined by American Automobile Association
shall be included as part of "need" when determining eligibility or
amount of assistance for General Assistance.
[2]
If the Welfare Official determines that work or verified medical
needs require more that 10 gallons per week, the "need" allowance
for gasoline can be increased by the Welfare Official with documented
receipts of actual gasoline expenses.
[3]
The gasoline allowance will be updated on an annual basis by
the Welfare Administrator.
[4]
A voucher of assistance may be issued by the Welfare Official
for minimum gallons required to return home, apply for assistance
or other necessary trips determined by the Welfare Official.
(c)
Other vehicle expenses. Vehicle inspection and registration
and repair determined by the Welfare Official as necessary and reasonable
and documented by receipt will be included as a one-time "need" expense
when determining eligibility or amount of assistance for General Assistance.
(7)
Maintenance of medical insurance.
(8)
Medical expenses.
(a)
The Welfare Official shall not consider including amounts for
medical, dental or eye services "in need" unless the applicant can
verify that all other potential sources have been investigated and
that there is no source of assistance other than local welfare. Other
sources to be considered shall include state and federal programs,
local and area clinics, area service organizations and area hospital
indigent programs designed for such needs.
(b)
When an applicant requests assistance for medical service, prescriptions,
dental service or eye service and all other potential sources and
assistance and have been exhausted or not available, the applicant/recipient
will 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
creating a significant risk that the applicant/recipient's well
being will be placed in serious jeopardy. Generic medications will
be used unless a medical doctor provides otherwise.
(9)
Legal expenses. Except for those specifically required by statute,
no legal expenses will be included "in need."
(10)
Clothing. There is no allowance given for "need" of clothing.
If the applicant has an emergency clothing need which cannot be met
in a timely fashion by other community resources (i.e., Salvation
Army, Red Cross, church group), the expense of reasonably meeting
that emergency clothing need will be included.
(11)
Emergency needs not otherwise provided for in these guidelines.
(a)
If the Welfare Official determines that the strict application of the standard of need criteria will result in unnecessary or undue hardship (e.g., needed services are inaccessible to the applicant), such Welfare Official may make minor adjustments in the criteria, or may make allowances using the emergency need standards stated in § 193-7E(3) of these guidelines. Any such determination and the reasons therefore, shall be stated in writing in the applicant/recipient's case record.
(b)
Credit card payments, rent-to-own and repayment of personal
loans are examples of nonbasic needs.
(12)
Shared expenses. If the applicant/recipient household shares
shelter, utility, or other expenses with a nonapplicant/recipient
(i.e., is part of a residential unit), the "in need" should be determined
on a prorated share, based on the total number of persons in the residential
unit (e.g., three adults in residential unit, but only one applies
for assistance-shelter need is 1/3 of shelter allowance for household
of three persons).
F.
Income. Income/available liquid assets shall be compared to the standard of need, as determined under § 193-10E in determining the eligibility and amount of assistance. Computation of income and expenses will be by the week or month. The following items will be included in the computation:
(1)
Earned income. Income in cash or in-kind earned by the applicant
or any member of the household through:
(a)
Wages and other earnings (including but not limited to bonuses,
salary, tips, commissions, or profit), whether self-employed or as
an employee, are to be included as income. When income consists of
wages and earnings, the amount computed shall be that available after
required medical and dental insurance deductions, income taxes, social
security and other payroll deductions required by state, federal,
or local law, court ordered support payments and child-care costs,
and work related clothing costs have been deducted. Health saving
account deductions will be excluded on initial application from earning
but future contributions must be stopped while receiving assistance
after the initial assistance. Flexible spending accounts will be excluded
from income until it is legally able to be stopped after initial assistance.
(b)
Self-employment net income is calculated by subtracting business
expenses from total profit or gross income in accordance with standard
accounting principles.
(2)
Rental income and profits from items sold are considered earned income.
(3)
Income that is trusteed, or income similarly unavailable to the applicant
or applicant's dependents, shall not be included.
(4)
Income or support from other persons. Contributions from relatives
or nonapplicant household members shall be considered as income only
if actually available and received by the applicant or recipient.
(5)
Income from other assistance or social insurance programs.
(a)
State categorical cash assistance benefits [ex., Temporary Assistance
of Needy Families (TANF), Old Age Assistance (OAA), Family Assistance
Program (FAP) and Aid to the Permanently and Totally Disabled (APTD)],
Social Security Old Age, Survivor and Disability Insurance (OASDI)
payments, Social Security Income (SSI) Payments, Veteran Administration
(VA) benefits, unemployment insurance benefits, and payment from other
government sources shall be considered income.
(b)
Supplemental Nutrition Assistance Program Benefits (SNAP) cannot
be counted as income per federal law. [7 U.S.C. § 2017(b)]
(c)
Low Income Heating and Energy Assistance Program (LIHEAP) (also
known as "fuel assistance") cannot be counted as income per federal
law. [42 U.S.C. § 8624(f)(1)]
(6)
Court-ordered support payments. Alimony and child support payments
shall be considered income only if actually received by the applicant
or recipient.
(7)
Income from other sources. Payments from other sources such as workers'
compensation, work or re-vocational training stipends, student loans
(received as cash) pension, trust funds, and similar programs shall
be considered income.
(8)
Earnings of a child. No inquiry shall be made into the earnings of
a child 14 years of age or less unless that child makes a regular
and substantial contribution to the family.
(9)
Qualified state assistance reduction (QSAR) as deemed income. The
Welfare Official may deem as income all or any portion of any qualified
state assistance reduction (RSA 167:82, Subdivision VIII). The following
criteria shall apply to any action to deem income under this section
(RSA 165:1-e).
(a)
The authority to deem income under this section shall terminate
when the Qualified State Assistance Reduction no longer is in effect.
(b)
Applicants for General Assistance may be required to cooperate
in obtaining information from the Department of Health and Human Services
as to the existence and amount of any Qualified State Assistance Reduction.
No applicant for General Assistance may be considered to be subject
to a Qualified State Assistance Reduction unless the existence and
amount has been confirmed by the Department of Health and Human Services.
(c)
The Welfare Official shall provide the applicant with a written
decision which sets forth the amount of any deemed income used to
determine eligibility for General Assistance.
(d)
Whenever necessary to prevent an immediate threat to the health
and safety of children in the household, the Welfare Official shall
waive that portion, if any, of the Qualified State Assistance Reduction
as necessary.
G.
Residents of shelters for victims of domestic violence. An applicant
residing in a shelter for victims of domestic violence and their children
who has income and owns resources jointly with the abusive member
of the applicant's household shall be required to cooperate with
the normal procedures for purposes of verification. Such resources
and income may be excluded from eligibility determinations unless
the applicant has safe access to joint resources at the time of application.
The verification process may be completed through an authorized representative
of the shelter of residence. The normal procedures taken in accordance
with these guidelines to recover assistance granted shall not delay
such assistance.
The Town of Merrimack Welfare Department provides assistance
and payment in the form of vouchers, checks or by credit card payable
directly to the vendors (utilities, landlords, stores, etc.) involved.
No cash or reimbursement is provided to recipients per RSA 165:1,
Subdivision III.
A.
Voucher use.
(1)
When a voucher is issued to provide payment, a recipient shall be
required to sign the voucher and may be required to show identification
to insure proper usage. The amount shown on the voucher is the maximum
amount to be used for payment.
(2)
In order for the vendor to be paid, the vendor must return the signed
voucher with the itemized bill or register tape to the Welfare Office.
If there is any unspent money, the voucher shall be returned to the
Town of Merrimack for payment of the actual amount listed on an itemized
bill or register tape.
(3)
Vouchers shall be used by the void date. If the recipient uses the
voucher after the void date such an act will be considered misuse
of that voucher by the recipient and the vendor will not be paid.
B.
Prohibited purchases. Tobacco products, prepared taxable foods, alcoholic
beverages, pet food or products, magazines, plants and toys cannot
be purchased with the food or maintenance vouchers. If the recipient
purchases any of these items such an act is considered misuse of that
voucher by the recipient and the vendor will not be paid for the prohibited
items.
C.
Voucher alteration, theft, loss or misuse.
(1)
It is the responsibility of the recipient to safeguard from theft,
loss or misuse of any voucher he/she receives. Vouchers altered or
misused by the recipient or vendor will not be paid. It shall be considered
misuse of that voucher if a recipient causes, permits or neglects
to prevent the theft, alteration, misuse, or transfer of a voucher,.
A misuse of voucher shall be considered a violation of Welfare Guidelines
for which benefits may be denied or suspended.
(2)
No replacement vouchers shall be issued if the original is lost,
stolen, misplaced, or misused unless authorized by the Welfare Official.
D.
Rent requirements for check payment.
(1)
Rent checks may only be made payable to the owner of the property
when the landlord or agent of the property has completed a rental
verification form including a tax identification number. The rental
verification form is considered a legal document upon which the Welfare
Official relies in determining eligibility and IRS documentation.
Forms which misrepresent or inaccurately report information for the
purposes of obtaining assistance which otherwise may not be issued
shall be grounds for stopping payment. Legal action may also be taken
(RSA 641:3).
(2)
Where applicants are under eviction, the Welfare Official shall verify
if the landlord's acceptance of an eligibility of assistance
by voucher or check will stop the eviction proceedings. The Welfare
Official may void the voucher or check payment and deny assistance
of rent if the landlord's failure to waive the eviction proceedings
may result in the applicant being evicted from the rental unit that
the voucher or assistance would provide rent for.
(3)
The Welfare Official shall not pay charges that do not directly represent
an actual service or item (such as late charges, security deposits,
storage charges, key charges, damages, etc.) except when there is
no other alternative or as provided by law.
E.
Vendor payment requirements and conditions.
(1)
No check payment for a voucher shall be issued to a vendor until
the vendor provides a federal tax identification number by a rental
verification form (if required) and any other documentation required
by the Town's Finance Department and federal law. If the vendor
fails to provide required information and the applicant has made reasonable
efforts to obtain the information from the vendor, an applicant or
recipient will still be considered eligible and a voucher can be issued
to cover assistance and be paid to the vendor when the vendor complies.
(2)
No check payment for a voucher shall be issued to a vendor if the
voucher was used after the void date.
(3)
Vendors allowing the purchase of prohibited foods and miscellaneous
items that are listed on the voucher will not be reimbursed for those
prohibited items. All vendors receiving food, maintenance, prescription
or diaper vouchers shall attach the cash register tape or other verification
to the voucher in order to be reimbursed.
(4)
Only the amount actually used that does not exceed the amount on
the voucher shall be paid to the vendor.
(5)
Each voucher authorization requires approval by the Welfare Official.
All voucher authorizations are one time only. The amount of assistance
provided shall be negotiated whenever possible. The Welfare Official
shall always attempt to provide what is necessary for the least cost
possible. If negotiation is not possible, the least expensive appropriate
alternative shall be sought.
F.
No contractual agreement with landlord/property owner.
(1)
The Town of Merrimack shall not enter into any contractual agreement
with a landlord/property owner to provide housing assistance to applicants/recipients.
The landlords/property owners shall have no legal recourse against
the Town if the Welfare Official determines that the applicant/recipients
are not eligible or no longer eligible for benefits under the Welfare
Guidelines.
(2)
If the applicant continues to reside at the premises after General
Assistance has been terminated or suspended, any and all rents due
to the landlord/property owner, including any past and/or future rents,
will be the contractual obligations and responsibilities solely of
the tenant.
A.
If eligible for assistance, payment for burial or cremation of persons
found in the Town of Merrimack at time of death (RSA 165:3 (Subdivision
I) or in a county nursing home and who were residents of the Town
of Merrimack prior to entering the county nursing home (RSA 165:3
(Subdivision II), is limited to $1,100.
B.
An application shall be made before any burial or cremation expenses
are incurred. In such cases, assistance may be applied for on behalf
of the deceased person.
C.
Total costs for burial or cremation cannot exceed $1,000 of expenses
and the Town of Merrimack will assist with payment only if relatives,
other private persons, estate of deceased and/or the Department of
Health and Human Services, Social Security, veterans' benefits
or other sources are unable to cover the entire maximum amount of
$1,000 for burial or cremation.
D.
The expense may be recovered from the deceased person's municipality
of residence (RSA 165:20 and 165-20-a), or from a liable relative
(RSA 165:19).
E.
Automatic bank asset assignment per RSA 165:27-a: If there are liquid
assets at death from the deceased person's bank accounts, there
shall be an automatic assignment to the funeral director or person
who paid for the funeral and burial or cremation of the deceased to
the extent of the funeral and burial or cremation costs up to $2,000.
F.
Unclaimed body per RSA 611-B:25. The Medical Examiner shall release
a dead body if unclaimed for a period of not less than 48 hours following
completion of the death investigation to the overseer of public welfare
in the Town who shall decently bury or cremate the body, or with the
consent of the overseer, it may be sent to the medical department
of a medical school or university, to be used for the advancement
of science of anatomy and surgery.
G.
If determined eligible for assistance, the burial or cremation remains
may be buried in the plots owned by the Town of Merrimack at The Last
Rest Cemetery. Veterans may be eligible for burials at Veteran Cemeteries.
Whenever the owner of property rented to a person receiving
General Assistance from the Town of Merrimack is in arrears in sewer
or tax payments to the Town of Merrimack or if the Welfare Administrator
is informed by the Merrimack Water Village District that the property
owner is in arrears for water, the Town of Merrimack may apply the
assistance which the property owner would have received in payment
of rent on behalf of such assisted person to the property owner's
delinquent balances, regardless of whether such delinquent balances
relate to property currently occupied by the assisted person (RSA
165:4-a).
A.
Payment arrears. A payment shall be considered in arrears if more
than 30 days have elapsed since the mailing of the bill or, in the
case of real estate taxes, if interest has begun to accrue (RSA 76:13
and RSA 165:4-a).
B.
Order of priority. Delinquent balances will be offset in order of
the following priority: 1) property taxes to the Town of Merrimack;
2) sewer to the Town of Merrimack; and may offset 3) water to the
Merrimack Water Village District.
C.
Procedure.
(1)
The Welfare Official will issue a voucher on behalf of the tenant
to the landlord for the allowed amount of rent. The voucher will indicate
any amount to be applied to a delinquent balance owed by the landlord,
specifying which delinquency and referring to the authority of RSA
165:4-a.
(2)
The Welfare Administrator will issue a duplicate voucher to the appropriate
department (i.e., Tax Collector, Sewer Department, Water District),
which will forward the voucher to the treasurer or finance director
for payment. Upon receipt of payment, the Welfare Administrator will
issue a receipt of payment to the delinquent landlord.
A.
Legal requirement.
(1)
The Welfare Administrator shall be responsible for establishing and
accurately maintaining a complete paper and/or electronic record concerning
the number of applicants given assistance and the cost for such support
per RSA 41:46.
(2)
Separate case records shall be established and maintained for each
individual or household applying for, or receiving, General Assistance.
(3)
These records are required:
(a)
To provide a complete history of an applicant's needs and
assistance that might aid the Welfare Official in ongoing case management
and in referring the applicant to appropriate agencies;
(b)
To support decisions concerning the applicant's eligibility;
(c)
To provide the availability of information if the applicant
or recipient seeks administrative or judicial review of the Welfare
Official's decision;
(d)
To provide the Welfare Administrator with accurate statistical
information; and
(e)
To provide a valid basis of accounting for the expenditure of
the Town of Merrimack's funds (RSA 165:2-c), which requires that
an itemized account of all General Assistance expenditures (without
recipient names) furnished to any taxpayer requesting it.
B.
Case records. The Welfare Official shall be responsible for assuring
that case records in paper and/or electronic format, contain at a
minimum the following information:
(1)
The complete application including any authorizations signed by the
applicant allowing the Welfare Official to obtain or verify any pertinent
information in the course of assisting the recipient, to include a
signed authorization to release information from the New Hampshire
Division of Health and Human Services. Signature pages shall be kept
as hard copies or scanned into electronic form.
(2)
Written Notices of Decision which shall provide grounds for approval
or denial of an application.
(4)
A record of expenditures paid under General Assistance, which has
complete data concerning the type, amount and dates of assistance
given which may be kept on paper or electronically.
(5)
Case records must be retained during the active eligibility period
of any application plus seven years per RSA 41:46, RSA 33-A:3-a, Subdivision
LII, and Town of Merrimack's Retention of Records.
A.
Participation.
(1)
Any adult household recipients of General Assistance will be required
to work under the Town of Merrimack operated work program at any available
job assignment that is within his/her capacity (RSA 165:31) for the
purpose of reimbursement of benefits received.
(2)
Recipients will be required to complete an application, providing
references and authorizing a criminal background check that may be
done by the Town of Merrimack.
(3)
Refusal or failing to participate in the application process or work program will prompt the review of recipient's eligibility for General Assistance, and may result in a suspension or termination of assistance. [See § 193-5C(2)(b).]
(4)
Job assignments under the work program are of limited duration. Participants
in the work program are not considered employees of the Town of Merrimack,
and any work performed by work program participants does not give
rise to any employee-employer relationship between the recipient/work
program participant and the Town of Merrimack or to any benefits.
B.
Reimbursement rate. The work program participant shall be allotted
the prevailing municipal wage for work performed, but in no case less
than the minimum wage. No cash compensation shall be paid for work
program participation. The wage value of all hours worked shall be
used to reimburse the Town of Merrimack for assistance given.
C.
Continuing financial liability.
(1)
If, due to lack of available municipal work or other good cause,
a recipient does not work a sufficient number of hours to fully reimburse
the Town of Merrimack for the amount of his/her assistance, the amount
of assistance received less the value of work program hours completed
shall still be owed to the Town of Merrimack.
(2)
No work program participant shall be required to work more hours
than are necessary to reimburse assistance rendered.
D.
Allowance for work search. The Town shall provide reasonable time
during normal assigned workfare hours for a participant to conduct
an adequate job search to secure work in the labor market.
E.
Work program hours.
(1)
Work program hours are subject to approval of the Welfare Official, work program supervisor and the participant. Failure of the participant to adhere to the agreed work program hours (except for the reasons listed in Subsection F) will prompt review of the recipient's eligibility for General Assistance, and may result in a suspension or termination of assistance. [See § 193-5C(2)(b).]
(2)
The work program participant shall schedule appointments so as not
to conflict with the work program and must notify his/her work program
supervisor in advance of the appointment. The Welfare Official or
work program supervisor may require participants to provide documentation
of their attendance at an interview or appointment scheduled during
assignment hours.
F.
Work program attendance. With prior notice to the Welfare Administrator
or work program supervisor, a recipient may be excused from work program
participation if he/she:
(1)
Has a conflicting job interview;
(2)
Has a conflicting interview at a social service or welfare agency;
(3)
Has a medical appointment or illness. The Welfare Administrator or
work program supervisor may require documentation from a physician
for extended illness of three consecutive scheduled work days or more;
(4)
As a parent or person "in loco parentis," must care for a child under
the age of five. A recipient responsible for a child age five but
under 12 shall not be required to work during hours that the child
is not in school, if there is no responsible person available to provide
care, and no other care is available;
(5)
Is unable to work due to mental or physical disability, as verified
by the Welfare Official;
(6)
Must remain at home because of illness or disability to another member
of the household, as verified by the Welfare Official;
(7)
Does not possess the materials or tools required to perform the task
and the Town of Merrimack fails to provide them;
(8)
Works a full-time job; or
(9)
Does not meet the job criteria required for a work program assignment.
G.
Workers' compensation. The Town of Merrimack shall provide workers'
compensation coverage to participants in work program programs in
conformity with the NH workers' compensation laws. However, no
monetary compensation from workers' Compensation shall be paid
since work program participants do not receive monetary assistance
from work program participation [RSA 281-A:2, Subdivision VII(b)].
A.
Real estate (RSA 165:28). The law requires the Town to place a lien
for welfare assistance received on any real estate owned by an assisted
person in all cases except for just cause.
(1)
The Town Manager shall file with the assistance of the Welfare Administrator
a notice of lien with the County Registry of Deeds, complete with
the owner's name, map/parcel and a description of the property
sufficient to identify the property where the recipient(s) owns real
property in their name.
(2)
Interest at the rate of 6% per year shall accrue on the amount of
money constituting the lien commencing one year after the date the
lien is filed, unless waived by the Town Council.
(3)
The lien remains in effect until enforced or released or until the
amount of the lien is repaid to the Town of Merrimack. Upon full repayment
of a lien, the Town Manager with the assistance of the Welfare Administrator
shall file written notice of the discharge of the lien with the County
Registry of Deeds.
(4)
The lien shall not be enforced so long as the real estate is occupied
as the sole residence of the assisted recipient, his/her surviving
spouse or his/her surviving children who are under age 18 years or
blind or permanently and totally disabled. At such time as the lien
may become enforceable, the Welfare Administrator shall contact the
attorney handling the real estate or estate before enforcing the lien
to let them know that the Town is requiring repayment of lien, interest
and any associated costs.
(5)
The register of deeds shall keep a suitable record or such notices
without charging any fee therefor, and he shall enter an acknowledgment
of satisfaction of the lien upon written request of the Town without
fee.
B.
Civil judgments (RSA 165:28-a).
(1)
The Town of Merrimack shall be entitled to a lien upon property passing
under the terms of a will or by intestate succession, a property settlement,
or a civil judgment for personal injuries (except workers' compensation)
awarded any person granted assistance by the Town of Merrimack for
the amount of assistance granted to the recipient.
(2)
The Town of Merrimack shall be entitled to the lien only if the assistance
was granted no more than six years before the receipt of the inheritance
or the award of the property settlement or civil judgment. When the
Welfare Official becomes aware of such a claim against an inheritance,
award or civil judgment, he/she shall send a letter to the attorney
or agent representing the recipient notifying him/her of the Town's
lien on such.
(3)
This lien shall take precedence over all other claims.
The Welfare Administrator shall seek to recover money expended
to assist eligible applicants. There shall be no delay, refusal to
assist, reduction or termination of assistance while the Welfare Administrator
is pursuing the procedural or statutory avenues to secure reimbursement.
Any legal action to recover must be filed in a court within six years
after the last expenditure (RSA 165:25).
A.
Recovery from responsible relatives (RSA 165:19).
(1)
The amount of money spent by the Town of Merrimack to assist a recipient
who has a father, mother, stepfather, stepmother, husband, wife or
child (who is no longer a minor) of sufficient ability to also support
the recipient, may be recovered from the liable relative.
(2)
Sufficient ability shall be deemed to exist when the relative's
weekly income is more than sufficient to provide a reasonable subsistence
compatible with decency and health.
(3)
The Welfare Official may determine that "in kind" assistance or the
provision of products/services to the applicant/recipient is acceptable
as a relative's response to liability for support.
(4)
The Welfare Official shall make reasonable efforts to give to the
liable relative written notice of money spent in support of a recipient
prior to the giving of assistance, but assistance to which an applicant
is entitled under these guidelines shall not be delayed due to inability
to contact possibly liable relatives.
B.
Recovery from the municipality of residence (RSA 165:20).
(1)
The Welfare Administrator may seek to recover from the municipality
of residence the amount of money spent by the Town of Merrimack to
assist a recipient who has a residence in another municipality.
(2)
Written notice of money spent in support of a recipient shall be
given to the Welfare Administrator of the municipality of residence.
(3)
In any civil action for recovery brought under RSA 165:20, the court
shall award costs to the prevailing party (RSA 165:19 and 165:20).
(See RSA 165:20-a providing for arbitration of such disputes between
communities.)
C.
Recovery from former recipient's income (RSA 165:20-b). A former
recipient who is returned to an income status after receiving assistance
may be required to reimburse the Town for the assistance provided,
if such reimbursement can be made without financial hardship.
D.
Recovery from state and federal sources.
(1)
The amount of money spent by the Town of Merrimack to support a recipient
who has made initial application for Social Security Income (SSI)
and has signed New Hampshire Department of Health and Human Services
(NHDHHS) FORM 151 "Authorization For Reimbursement of Interim Assistance",
shall be recovered through the Social Security Administration (SSA)
and the New Hampshire Department of Health and Human Services (NHDHHS).
(2)
Prescription expenses paid by the Town of Merrimack for applicants
who have applied for Medicaid can be recovered through the New Hampshire
Department of Health and Human Services if, and when, the applicant
is approved for medical coverage.
E.
Delayed state claims.
(1)
For those recipients of General Assistance deemed eligible for state
assistance [Aid to the Permanently and Totally Disabled (APTD) and
Temporary Assistance to Needy Families (TANF) or Family Assistance
Program (FAP)], New Hampshire Department of Health and Human Services
(NHDHHS) shall reimburse a Town of Merrimack the amount of General
Assistance as a result of delays in processing within the federally
mandated time periods (APTD: 90 days and TANF or FAP:60 days).
(2)
Any claims for reimbursement shall be held until the end of the fiscal
year and may be reimbursed on a prorata basis dependent upon the total
claims filed per year (RSA 165:20-c). A Form 340 "Request For State
Reimbursement" may be obtained from the NHDHHS for this purpose.
If any provision of these guidelines is held at law to be invalid
or inapplicable to any person or circumstances, the remaining provisions
shall continue in full force and effect.
