[HISTORY: Adopted by the Board of Aldermen
of the City of Nashua 2-11-2003 by Res. No. R-02-145 (Secs. 22-21 to 22-38
of the 1987 Code). Amendments noted where applicable.]
As used in these guidelines, the following terms
have the indicated meaning:
A person who expresses a desire to receive general assistance,
or to have his/her eligibility for assistance reviewed, and has submitted
a completed application.
Action by which a person requests assistance from the welfare
office through a completed written application obtained from the Welfare
Department.
Form obtained from the welfare office upon which a written
request for assistance or consideration for assistance is made. Such
forms may be amended by the Welfare Officer and approved by the Mayor
and Board of Alderman.
Past due amounts on bills for basic needs (i.e.: rent, utility
bills); debts that remain after part of an overdue debt have been
paid.
All real property, cash, real estate, personal property,
future interests and anything else of value owned by the applicant.
This includes, but is not limited to, annuities, insurance awards,
expectancies and retroactive government and insurance payments, etc.
Support given to applicants through a voucher program administered
and funded by each city and town in New Hampshire.
Amount of liquid assets after exclusions enumerated herein;
includes, but is not limited to, cash on hand, checking accounts,
bank deposits, credit union accounts, stocks, bonds, and securities.
IRA (individual retirement account), 401K accounts and insurance policies
with a loan value and nonessential personal property shall be considered
as available liquid assets when they have been converted into cash.
Income tax refunds may also be considered.
Official files containing forms, correspondence and narrative
records pertaining to the application including determination of eligibility,
reasons for decisions and actions by the Welfare Official and types
of assistance.
A person utilizing the services of a social agency.
Conformity in fulfilling official requests for information
and requirements of the Welfare Official.
Determination by the Welfare Official, with the assistance of the welfare guidelines, of a person's poverty and inability to support himself/herself and, therefore, the need for general assistance under the eligibility formula in § A400-9.
A hearing which the applicant may request in writing to contest
a denial, termination or reduction of assistance. A hearing will be
held before an impartial fair hearings officer, who is appointed having
no prior knowledge of the case.
The total number of persons (related or unrelated) living
together who share in or benefit from shelter/food expenses. The individuals
share living quarters, but are not financially liable for each other
unless they request to be treated as such. Expenses which are shared
(rent, utilities, etc.) are divided pro rata for the purposes of calculating
the applicant's need, based on the total number of persons in the
household. However, the total shelter cost must approximate the shelter
guideline amounts for the household size. (For example, three unrelated
adults share an apartment, one applies for assistance, rental assistance
is determined as 1/3 of the total shelter cost for three people and
the total shelter cost for all three must approximate the guideline
amounts for a household of three.)
Those persons deemed by New Hampshire law to have financial
responsibility for anyone applying for general assistance, for example,
adult children for parents, parents for adult children and husbands
and wives for each other.
A person who has not attained the age of 18 years. Note that
a minor's residence is always that of the custodial parent.
The basic maintenance and support requirements of a person, as determined by a Welfare Official under the standards of § A400-9E of these guidelines.
A person temporarily in Nashua while his/her residence is
elsewhere. Nonresidency does not preclude general assistance, however,
assistance will be of a temporary and reasonable nature given his/her
temporary status. Duplication of resources available through his/her
city or town of residence will be avoided except in cases of emergency.
Cities or towns will be contacted for reimbursement.
Written grounds for approval or denial of an application
detailing the amount and type of assistance issued, and/or the type
of assistance pending further verification. Additionally, it contains
the caseworker's name, date of applicant's next appointment, and a
list of all the information to be provided by the applicant at the
next appointment.
Abode or domicile occupied by an applicant. Permanent residency
does not include temporary stays in shelters, motels, or other residence
not intended to be permanent. (RSA 21:6-a)
Land, structures and fixtures attached to it.
A person who is receiving general assistance.
Each recipient who becomes financially able must reimburse
the City of Nashua for assistance rendered when asked to do so. A
schedule of repayment will be determined by the Welfare Department,
in conjunction with the recipient, taking into consideration all necessary
current and future obligations. The Welfare Department may also take
a lien on real estate or civil judgments in the amount of assistance
rendered. (RSA 165:28, 28-a)
A person's place of abode or domicile. The place of abode
or domicile is that place designated by a person as his/her 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 temporary absence from it, if there is intent to return
to such residency as the principal place of physical presence. RSA
165:1 (I); 21:6-a. If another municipality moves a client into the
City of Nashua, they should provide assistance for the first 30 days
of assistance according to the New Hampshire Local Welfare Administrators
Association's ethics policy.
A person who has a residence within the City of Nashua.
All persons physically residing with the applicant, including
persons in the applicant's household and those not within the household.
A person(s) who is/are financially responsible for himself/themselves
and living with a recipient(s) of general assistance. Persons living
together as domestic partners may be responsible for each other to
the extent that they are able.
Cessation of benefits due to noncompliance.
The system whereby a Welfare Official issues vouchers (authorizations
for payment) directly to the recipient's vendors and creditors rather
than cash to the recipient. (RSA 165:1 (III). [See Section VII.]
The Welfare Officer of the City of Nashua which is an indefinite
position appointed by the Mayor under the Charter Section 42 of the
City. The Welfare Officer is charged with operating the Welfare Department
in accordance with municipal, state and federal legislation.
The official of the town or City, or his/her designee, who
performs the function of administering general assistance. Such person
has the authority to make all decisions regarding the granting of
assistance under RSA 165, subject to the overall fiscal responsibility
vested in the Mayor and Board of Aldermen. The term includes "overseers
of public welfare" (RSA 165:1) and "administrator of town or city
welfare." (RSA 165:2)
The City employment opportunity program that requires able-bodied
recipients to work for the City at any job within the person's capacity
in return for assistance. There are no wages paid. The recipient reimburses
the City Welfare Department at the going rate for the particular job
they are doing for general assistance provided. (RSA 165:31)
If any provision of these guidelines is held
at law to be invalid or inapplicable to any person or circumstance,
the remaining provisions will continue in full force and effect. The
guidelines contained herein are intended to be advisory and, as such,
the Welfare Official or designee shall have sole discretion towards
the enforcement, application, or variance of any of the guidelines
contained herein. The Welfare Official shall not exercise this discretion
unreasonably.
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, commonly
known as the "Right to Know Law." Such information will not be published,
released or discussed with any individual except when law requires
disclosure or when necessary to carry out the purpose of RSA Chapter
165.
The responsibility for the day-to-day administration
of the general assistance program shall be vested in the appointed
Welfare Officer of the City. The Welfare Officer shall administer
the general assistance program in accordance with the written City
of Nashua General Assistance Guidelines. The local governing body
(Mayor and Board of Aldermen) is responsible for the adoption of the
guidelines relative to General assistance under RSA 165.
A.
The welfare office is required by law to keep complete
records of general assistance. In addition to general statistical
records concerning the number of persons given assistance and the
cost for such support, a separate case record shall be established
for each individual or family applying for general assistance. (RSA
41:46)
B.
The purposes for keeping complete records of general
assistance are:
(1)
To provide a valid basis of accounting for expenditure
of the municipality's funds.
(2)
To support decisions concerning the applicant's eligibility.
(3)
To assure availability of information if the applicant
or recipient seeks administrative or judicial review of the Welfare
Official's decision.
(4)
To provide social welfare agencies with accurate statistical
information, including the number of persons assisted and the amount
of money spent for their support, in order that taxpayers and officials
may be aware of the scope of the general assistance program. RSA 165:2-c
requires that an itemized account of all general assistance furnished
(without recipients' names) be released to any citizen requesting
it.
(5)
To provide a complete history of an applicant's assistance
that might aid a welfare agency in the effort to rehabilitate the
applicant (subject to the confidentiality of such information).
C.
The welfare office shall maintain case records containing,
as a minimum, the following information:
(1)
The completed written application for assistance.
(2)
Written grounds for approval or denial of an application,
contained in a notice of decision.
(3)
A narrative history recording need for relief, the
results of home visits, if any, collateral information, referrals,
changes in status, etc.
(4)
A tally sheet that has complete data concerning the
type, amount and dates of assistance given for purposes of reimbursement.
(5)
A signed authorization by the applicant allowing the
Welfare Official to release, obtain or verify any pertinent information
in the course of determining eligibility of an applicant/recipient.
(6)
Additional information requested by the Welfare Official
pertinent to the applicant's case.
A.
Right to apply.
(1)
Any person residing or temporarily present in Nashua
has the right to apply for general assistance by appearing in person
or through an authorized representative and by completing a written
application form. Clients are seen by appointment. If more than one
adult resides in a household, each household member shall be required
to appear at the welfare office, unless one is working or otherwise
reasonably unavailable.
(2)
The Welfare Official shall not be required to accept
an application for general assistance from a person who is subject
to disqualification or suspension pursuant to RSA 165:1-b, provided
that any person who contests a determination of continuing noncompliance
with the guidelines may request a fair hearing; and provided further
that a recipient who has been suspended for at least six months due
to noncompliance may file a new application.
(3)
Persons who are not legally residing in the United
States shall not be considered eligible for assistance for him or
her self, however, may be considered for assistance for their eligible
children who are here legally.
B.
Welfare official's responsibilities. When application is made for general assistance, the Welfare Official shall inform the applicant of the following (including the applicant's responsibility in Subsection C):
(1)
The requirement to submit a completed application
containing all necessary information: the applicant's signature agreeing
to the reimbursement, the signature allowing the Department to contact
all necessary agencies for investigation and verification, and that
they have been given, read (or the application has been read to them)
and understood all information. An uncompleted application may be
grounds for denial of assistance.
(2)
Eligibility requirements, including a general description
of the guideline's amounts and the eligibility formula.
(3)
Having to refer applicant(s) requiring emergency assistance
to agencies or resources who have agreed to provide emergency, temporary
assistance which will meet the needs of the applicant(s) until an
appointment can be arranged.
(4)
The applicant's responsibility to provide documentation
of all claims, identification for all household members, receipts
for expenditures, documentation of employment, documentation of application
for other programs which would reduce or eliminate the need for general
assistance, documentation of income from any source, loss of employment
and any other similar claims materially affecting eligibility.
(5)
The necessity of applying for or utilizing other resources
that could reduce the need for or eliminate general assistance.
(6)
The possible need to relocate to more affordable housing
based on client's anticipated income if deemed necessary by the Welfare
Official. Every effort will be made to maintain applicants and recipients
in their own housing unless it is clear that to do so would probably
require a continuing subsidy from the Department. Decisions will be
based on anticipated/probable income.
(7)
The Welfare Official will conduct an investigation
to verify and substantiate facts and statements presented by the applicant;
that investigation may take place prior to, during or subsequent to
the applicant's receipt of assistance. This may include home visits
in the least intrusive manner as scheduled with the Welfare Officer
and the applicant.
[Amended 2-26-2008 by Ord. No. O-08-07]
(8)
The necessity of referral to a shelter for families
or individuals currently without housing and/or income.
(9)
The joint responsibility of both the Welfare Official
and applicant in exploring the facts concerning eligibility, needs
and resources.
(10)
The applicant's responsibility for accurately
and truthfully reporting all facts necessary in determining eligibility.
(11)
The applicant responsibility for notifying the
Welfare Official of any change in circumstances that would affect
eligibility.
(12)
The applicant's right to a fair hearing, and
the manner in which the review may be obtained.
(14)
The requirement of working on the welfare work
program, if physically and mentally capable.
(15)
The statutory requirement of placing a lien
on any real property owned by the recipient, or any settlements or
civil judgments, for any assistance given, except for verifiable good
cause and approved by the officer or deputy officer. The applicant
will be requested to sign a lien document. Such document will be recorded
at the Hillsborough County Registry of Deeds per RSA 165:28. However,
neither the absence of signature of the applicant nor the failure
to record such lien document shall diminish the validity of the lien.
(16)
The requirement of reimbursement of all assistance
when returned to an income status and when the income is more than
that required to provide a reasonable subsistence compatible with
decency and health.
(17)
The applicant's right to review the guidelines,
and the responsibilities as set forth in the guidelines.
C.
Responsibilities of each applicant and recipient.
(1)
Each applicant at the time of the initial application
and at all times thereafter, has 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; RSA 165:1-b.
(b)
To provide identification and documentation
of income and resources of all household members applying for assistance,
including medical records if disability is claimed and any other pertinent
information when requested.
(c)
To notify the welfare office within 72 hours
when a change in needs or resources may affect eligibility for continuing
assistance.
(d)
Within seven days of application, to apply for
and utilize any benefits or resources, public or private, that will
reduce or eliminate the need for general assistance.
(e)
To keep all scheduled appointments.
(f)
To notify the Welfare Official within 72 hours
of a change of address and any changes in the members of the household
or family unit.
(g)
To diligently search for employment and provide
verification of work search as directed by the Welfare Official.
(h)
To accept employment when offered.
(i)
To be available for full-time work.
(j)
To secure and maintain adequate housing/shelter
and comply with rules and guidelines of housing/shelter.
(k)
To grant home visits as reasonably requested
by the Welfare Officer.
(l)
To provide a doctor's statement as to the level
of work that may be performed if the recipient claims an inability
to work due to medical problems.
(m)
To participate in the welfare work program (NEOP)
if appropriate once assistance has been granted.
(n)
To budget income/benefits and expenses as required
by the Welfare Official. If required by the Welfare Official, a recipient
may be required to "direct vendor" payments.
(2)
Any applicant shall be denied assistance if he/she
fails to fulfill any responsibilities or requests by the Welfare Official
as set forth in the welfare guidelines without reasonable and verifiable
justification. A recipient's assistance may be terminated or suspended
for failure to fulfill any of these responsibilities without reasonable
and verifiable justification. Disqualification for general assistance
may occur as set forth in RSA 165:1-b.
(3)
Any person may be denied or terminated from general
assistance, in accordance with the Nashua Welfare Guidelines and state
law, or may be prosecuted for a criminal offense if he/she, by means
of intentionally false statements, omissions, misrepresentation, by
impersonation, or other willfully fraudulent act or device, obtains
or attempts to obtain any assistance to which he/she is not entitled.
(RSA 641:3)
(4)
Note: Applicant(s)/recipient(s) who claim their money
or vouchers were stolen must report these incidents to the appropriate
police jurisdiction where the incident occurred. Applicant(s)/recipient(s)
will provide proof that the incident has been reported.
D.
Actions on applications.
(1)
Decision. Unless an application is withdrawn, the
Welfare Official shall make a decision concerning the applicant's
eligibility within five business days after submission and acceptance
of a completed written application. A written notice of decision shall
be produced and provided to the applicant in person or mailed within
three business days following the decision. The notice of decision
shall state that assistance of a specific kind and amount has been
given and the time period of aid, or that the application has been
denied, in whole or in part, with reasons for denial. The first notice
outlining the requirements of the applicant shall be given as part
of the notice of decision when assistance has been granted. The notice
of decision shall notify the applicant of his/her right to a fair
hearing if dissatisfied with the Welfare Official's decision.
(2)
Emergency assistance. At the time of initial contact,
if the applicant demonstrates and verifies that an immediate need
exists in which the applicant may suffer a loss of a basic necessity
of living or imminent threat to life or health (such as loss of shelter,
heat sources in winter, lack of food or prescriptions), then temporary
aid to fill such immediate need shall be given no later than 72 hours
from the time of the request. Such emergency assistance shall not
obligate the Welfare Official to provide further assistance after
the application process is completed.
(3)
Temporary assistance. In circumstances where required
records are not available, the Welfare Official may give temporary
approval to an applicant pending receipt of required documents. Temporary
status shall not extend beyond two weeks.
(4)
Withdrawn applications. An application is deemed withdrawn
if:
(a)
The applicant has failed to complete an application
or 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 so notify the applicant in a written notice of decision.
(b)
The applicant dies before assistance is rendered.
(c)
The applicant avails himself/herself of other
resources in place of assistance.
(d)
The applicant requests that the application
be withdrawn (preferably in writing).
E.
Home visits. A home visit may be made to any applicant/recipient
as determined necessary for the Welfare Official to understand all
the services needed to help the applicant, or whenever there is a
reasonable basis for such home visit. A home visit may be used as
an alternative form of verification of information when other forms
of verification are unavailable. Refusal to grant home visits without
reasonable justification shall be grounds for denial of assistance
based on the applicant's refusal to verify or provide required information
to determine eligibility/assistance.
(1)
All home visits shall be conducted in such a manner
as to preserve, to the greatest extent possible, the privacy and dignity
of the applicant(s)/recipient(s).
(2)
All home visits shall be prearranged, and shall take
place between the hours of 9:00 a.m. and 5:00 p.m. on weekdays, unless
the applicant is unavailable and requests otherwise.
(3)
During the home visit the Welfare Official may discuss
any noticeable applicable housing code violations with the applicant
and may report all violations to proper authorities. The Welfare Official
will follow up on all reported violations and may insure that reprisal
actions taken by the landlord are also reported to proper authorities.
Any determination or investigation of need or
eligibility shall be conducted in a professional manner so as not
to violate the privacy or personal dignity of an applicant.
A.
Verification will normally be required of the following:
(1)
Applicant's address.
(2)
Names of persons in applicant's household residential
unit or family unit.
(3)
Picture identification(s), birth certificate(s), and
social security card(s). Immigration and Naturalization Service documentation
for applicant(s) and household members, where applicable.
(4)
Proof of physical custody of children.
(5)
Applicant's and household's/family unit's income and
assets.
(6)
Applicant's and household's/family unit's financial
obligations.
(7)
The physical and mental condition of household/family
unit members, only when relevant to their receipt of assistance, such
as ability to work, determination of needs or referrals to other forms
of assistance.
(8)
Any special circumstances claimed by applicant.
(9)
Applicant's past and present employment status and
employability.
(10)
Utility costs.
(11)
Housing costs.
(12)
Facts relevant to the applicant's residence.
(13)
Names, addresses, and employment status of individuals
potentially liable to the City for reimbursement of benefits provided.
(RSA 165:19)
B.
Verification may be made through records provided
by the applicant (for example, birth and marriage certificates, pay
stubs, paychecks, rent receipts, bankbooks, etc.) as primary sources.
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 in writing what records
are necessary and the applicant is required to produce records within
seven days. [RSA 165:1-b II (a)]
C.
Verification may also be made through other sources,
such as relatives, 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 a recipient. (RSA 165:4)
D.
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. Before contact is made with
any other source, the Welfare Official shall obtain written consent
of the applicant or recipient, unless the Welfare Official has reasonable
grounds to suspect fraud. In the case of suspected fraud, the Welfare
Official shall carefully record his/her reasons and actions. The applicant(s)/recipient(s)
shall be given an opportunity to explain or clarify the suspicious
circumstances.
E.
Should the applicant or recipient refuse permission
to have the Welfare Official seek further information that is necessary,
assistance will be denied for lack of eligibility verification. [RSA
165:1 II (b)]
[Amended 12-23-2003 by Ord. No. O-03-218]
A.
The City of Nashua pays through a voucher system directly
to vendors or creditors up to the dollar amount designated on the
voucher. The City will not pay any amount in excess of the amount
listed on the voucher. A recipient shall not change the amount listed
on the voucher. A recipient must sign the voucher to insure proper
usage. Tobacco products, alcoholic beverages, pet food, magazines,
plants, cards, and children's toys cannot be purchased with the food
or maintenance vouchers. It is the responsibility of the applicant
to safeguard from theft, loss or misuse of any voucher he/she receives.
If an applicant/recipient causes, permits or neglects to prevent the
alteration, misuse, or transfer of a voucher, than such act shall
be considered misuse of that voucher and a violation of welfare guidelines
for which benefits may be denied or suspended. No replacement voucher
will be issued if the original is lost, stolen, misplaced, or misused
unless authorized by the Welfare Officer or designee.
B.
All assistance rendered will be in the form of vouchers
or checks directly payable to the vendor providing the service, and
in accordance with the general regulations below:
(1)
Rent may only be made payable to the owner of the
property unless the Department is in receipt of a notarized agent
authorization form generated by the Department that allows otherwise.
No rent payment will be made until a rental verification form generated
by the Department has been completed. Forms not generated by the Department
will not be honored. Only property owner or authorized agents as noted
above will be recognized as having the authority to complete the rental
verification form. To be issued payment, the vendor must be on the
City's vendor file and the property must be in compliance with current
land use control statutes and ordinances. To be placed on this file,
the vendor must supply the City's Finance Department with a completed
current W-9 form and any other documentation required by the City's
Finance Department.
(2)
The rental verification form is to be considered a
legal document upon which the Department relies in determining eligibility.
The information is expected to be accurate and true. Forms which misrepresent
or inaccurately report information for the purposes of obtaining assistance
which otherwise may not be issued will be grounds for stopping payment.
Legal action may also be taken.
(3)
Vouchers must be used by the void date. Prohibited
food and miscellaneous items are listed on the voucher. Stores allowing
those items to be purchased will not be reimbursed. A maintenance
voucher may be used for other than food items. All stores receiving
food, maintenance or diaper vouchers must attach the cash register
tape to the voucher in order to be reimbursed. Only the amount used
will be reimbursed.
(4)
All authorizations are one time only, each authorization
requiring approval by a Welfare Official.
(5)
The amount of assistance provided will be negotiated
whenever possible. The Department will always attempt to provide what
is necessary for the least cost possible. If negotiation is not possible,
the least expensive appropriate alternative will be sought.
(6)
The Department will not pay charges that do not directly
represent an actual service or item except when there is no other
alternative or as provided by law. Examples include late charges,
security deposits, storage charges, key charges, damages, etc.
(7)
The Welfare Official will verify if the landlord's
acceptance of vouchers for payment in instances where their tenants
are under eviction will stop the eviction proceedings. Failure to
waive the proceedings may result in the voucher being voided.
C.
The City shall have no contractual agreement with
a landlord/property owner providing housing assistance to applicants,
and therefore said landlords/property owners shall have no legal recourse
against the City should the Welfare Official determine that the applicant/recipient
is no longer entitled to benefits under the welfare guidelines. If
the applicant continues to reside at the premises after general assistance
from the welfare office has been terminated any and all rents due
to the landlord/property owner, including any past and/or future rents
will be the contractual obligation of the tenant.
A.
Eligibility formula.
(1)
An applicant is eligible to receive assistance when:
(a)
The applicant meets the nonfinancial eligibility
factors; and
(b)
When the applicant's basic maintenance needs (as determined by the eligibility standards in Subsection E exceed available income plus available liquid assets. If available income and available liquid assets exceed the basic maintenance need the person is not eligible for general assistance. If the need exceeds the available income/assets, the amount of assistance shall be the difference between the two amounts, in the absence of circumstances justifying an exception.
(2)
The welfare office requires applicants to utilize
available resources for basic needs: rent, food (minus food stamp
allotment), cleaning and hygiene items, utilities and prescriptions.
Applicants may be required to provide dated and signed receipts. Credit
card payments, rent-to-own furniture, cable services, internet service
and repayment of personal loans are examples of nonbasic needs.
B.
Legal standard and interpretation. "Whenever a person
in any town is poor and unable to support himself/herself, he/she
shall be relieved and maintained by the Overseers of Public Welfare
of such town, whether or not he/she has residence there." (RSA 165:1)
(1)
A person cannot be denied assistance solely because
he/she is not a resident.
(2)
"Whenever" means at any or whatever times that person
is poor and unable to support himself/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 for himself/herself or family as determined
by the guidelines.
(4)
"Relieved" means a person shall be assisted, as the
Welfare Official shall determine, to meet those basic needs.
(5)
"Maintained" means to be continued on assistance as
long as eligible.
C.
Nonfinancial eligibility factors.
(1)
Age. General assistance cannot be denied any person
based on age. However, age may make certain persons eligible for other
kinds of state or federal assistance, which may affect eligibility
under these guidelines.
(2)
Minors. Minor applicants shall be referred to Protective
Services of the Division of Children, Youth, and Families for case
management. Minors have the residence of their custodial parent(s)
or legal guardian(s). Minors are the financial responsibility of their
parent(s) or legal guardian(s).
(3)
Residence. Residence and residency shall mean a person's
place of abode or domicile. The place of abode or domicile is that
designated by a person as his/her principle 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 21:6)
(4)
Support actions. No applicant or recipient shall be compelled, as a condition of eligibility or continued receipt of assistance, to take any legal action against any other person. The City of Nashua may pursue recovery against legally liable persons or governmental units. See § A400-16.
(5)
Eligibility for other categorical assistance. Applicants
or recipients whom the Welfare Official believes may be eligible for
any other form of public assistance must apply for such assistance
no later than seven days after being advised to do so by the Welfare
Official. Failure to do so may render the applicant or recipient ineligible
for assistance.
[Amended 4-8-2014 by Ord. No. O-14-009]
(6)
Employment. A person who is gainfully employed, but
whose income and assets are not sufficient to meet necessary family
expenses according to welfare guidelines, may be eligible to receive
general assistance. However, recipients who without verifiable good
cause refuse a job offer or referral to suitable employment, participation
in the Nashua Employment Opportunity (NEOP) Welfare Work Program (RSA
165:31), or who voluntarily leave a job (RSA 165:1 d) may be ineligible
for continuing general assistance in accordance with the procedures
for suspension outlined in the guidelines. The Welfare Official shall
first determine whether there is verifiable good cause for such refusal,
taking into account the ability and physical and mental capacity of
the person, transportation problems, working conditions that might
involve risks to health or safety, lack of adequate child care, lack
of workers compensation protection, or any other factors that might
make refusing a job reasonable. These employment requirements shall
extend to all adult members of the household/family unit.
(7)
Registration with the Department of Employment Security
and work search.
(a)
Registration with the Department of Employment
Security (DES) is not a precondition for initial eligibility for general
assistance. However, all applicants and adult members of their household
must, within one week from applying for general assistance, register
with DES and conduct a reasonable work search in compliance with DES
and as determined by the Welfare Official. These work search requirements
apply unless the recipient or other adult member of the household
is:
[1]
Gainfully employed full time.
[2]
A dependent 18 years of age or under who is
regularly attending school.
[3]
Unable to work due to a verifiable debilitating
condition.
[4]
Unable to work due to illness or to a mental
or physical disability of himself/herself or another member of the
household/family unit verified by a doctor's note.
[5]
Is solely responsible for the care of a child
aged five or under. A person responsible for the care of a child aged
six through 12 shall not be excused from work search requirements,
but shall be deemed to have verifiable good cause to refuse a job
requiring work during hours the child is not actually in school, if
there is no responsible person available to provide care and no other
care is available. A person will be asked to demonstrate contacts
made to locate child care.
(b)
The Welfare Official shall give all necessary
and reasonable assistance to ensure compliance with work placement
requirements, including the granting of allowance for transportation.
Failure of a recipient to comply with these requirements without verifiable
good cause will be reason for denial or suspension of assistance.
(RSA 165:1-b,d)
(8)
Voluntary Quit Law. Applicant(s)/Recipient(s) subject
to the New Hampshire Voluntary Quit Law shall become ineligible for
assistance as provided by law. (RSA 165:1-d)
(9)
Students. Students must be employed full-time or be
available for and seeking full time employment in order to be eligible
for general assistance.
(10)
Employment of household/family unit members.
All adults aged 18 to 65, who live in the same household/family unit
as the recipient and who are related to the recipient or legally liable
to contribute to the recipient's support are obligated to comply with
the employment requirements of these guidelines or participation in
the welfare work program unless they are either regularly attending
school, employed on a full-time basis, or are prevented from maintaining
employment and contributing to the support of the person by reason
of physical or mental disability which is verifiable. The Welfare
Official may waive this requirement where failure of the other household/family
unit 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. The Welfare Official may suspend the noncompliant
recipient(s).
D.
Available assets.
(1)
Available liquid assets. Cash on hand, bank deposits,
credit union accounts and securities are available liquid assets,
Insurance policies with loan value and nonessential personal property
may be considered as available liquid assets when they have been converted
to cash. The Welfare Official shall allow a reasonable time for such
conversion. However, tools of a trade, livestock and farm equipment,
and necessary and ordinary household goods are essential items of
personal property, which shall not be considered as available assets.
(2)
Automobile ownership. The ownership of one automobile
by an applicant/recipient or their dependent(s) does not affect eligibility
if it is essential for medical or rehabilitation services, transportation
to and from employment, or it is essential for use necessary to the
maintenance of the individual or family. "Essential" means that there
is no other transportation available. Car payments will not be considered
justifiable expenses when determining eligibility. The cost of purchase
and maintenance of a necessary vehicle must be appropriate to the
applicant's/recipient's income. Ownership of more than one vehicle
per household may be determined as nonessential by the Welfare Official.
The book value of a vehicle may be considered as a liquid asset and
required converted to cash prior to eligibility for anything other
than extreme emergency assistance such as food or medication.
(3)
Insurance. The ownership of insurance policies in
and of itself does not affect eligibility. However, when a policy
has cash or loan value, the applicant will be required to obtain and/or
borrow all available funds, which shall then be considered available
assets. Premium payment shall not be included as "need" in determining
eligibility or amount of aid.
(4)
Real estate. Real estate owned and occupied by the
applicant as primary residence shall be considered in the same manner
as rental assistance. The type and amount of real estate owned by
an applicant does not affect eligibility, although rent or other such
income from property should be considered as available to meet need.
Applicants owning real estate property, other than that occupied as
a home, shall be expected to make reasonable efforts to dispose of
it at fair market value. 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). The Welfare
Official shall not make mortgage payments when the applicant has a
cosigner on the note. Generally, any mortgage payment made shall be
applied to principle only. All applicants will be required to execute
any and all documents necessary to perfect the City's lien interest
aforementioned; however, failure of applicant or recipient to do so
does not limit the City's ability to place a lien on such property.
(5)
Property transfers. No person 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 himself/herself
eligible for assistance within three years immediately preceding his/her
application. (RSA 165:2-b)
E.
Standard of need. The basic financial requirement
for general assistance is that a person is presently poor and unable
to support himself/herself. A person shall be considered poor when
he/she has insufficient available income/assets, not to exceed the
standards posted in the welfare office, to purchase either for himself/herself
or dependents any of the following:
(1)
Shelter:
(a)
The amount to be included as "need" for shelter is the actual cost of rent or mortgage necessary to provide shelter for the applicant's household. Such cost shall be based on approved standards in the City welfare office [Subsection E(11)].
[1]
Shelter arrearages, whether back rent, mortgage
payments, interest, condominium fees, or taxes, may not be included
in the "need" formula. Every effort will be made by the Welfare Official
to contact landlords or banks/mortgage companies to prevent eviction
or foreclosure. Exception may be made only if such payment would prevent
eviction/foreclosure or to protect the health and safety of the household
and it does not exceed the cost of alternative available housing.
[2]
Security deposits may be considered in the "need"
formula only if the applicant is unable to secure housing with no
security deposit and is unable to secure a deposit through other resources.
[3]
Whenever a relative of an applicant is also
the landlord for the applicant, that landlord will be presumed able
to assist his/her relatives pursuant to RSA 165:19, and must prove
an inability to assist before any aid payment for shelter is made.
[4]
In cases in which the City has made an appropriate
referral for emergency, temporary shelter and the applicant refuses
to accept such a referral, or if the applicant does not abide by the
rules of the emergency housing/shelter, the Welfare Official may suspend
the applicant by refusing to pay for alternative emergency shelter,
but may not suspend the applicant by denying other forms of assistance
to which he/she is otherwise entitled. The applicant must accept the
least costly alternative for emergency housing assistance that is
deemed suitable by the Welfare Official for his/her household.
(b)
It is not the responsibility of the welfare
office to locate housing. Shelter assistance may be considered once
the applicant locates permanent housing.
(2)
Utilities. When utility costs are not included in
the shelter expense, the most recent typical monthly utility bill
will be included as part of "need" by the Welfare Official. Utility
accounts must be in the applicant's name in order to render assistance.
Applicants may be required to make extended payment arrangements with
the utility company. Arrearages will not be included in "need" except
as set forth below:
(a)
Arrearages. Arrearages will not be included
except when necessary to ensure the health and safety of the applicant
household or to prevent termination of utility service.
(b)
Electric arrearages. Arrearages for electric
service need not be paid if the Welfare Official notifies the electric
company that the municipality guarantees payment of current bill,
in accordance with the rules of the New Hampshire Public Utilities
Commission relating to electric utilities.
(c)
Restoration of service. 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 may be included in "need" when restoration of service is
necessary to ensure the health and safety of the applicant household/family
unit. 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.
(3)
Food. The amount included as "need" for food purchases
will be in accordance with the most recent standard food stamp allotment,
as determined under the food stamp program administered by the New
Hampshire Department of Health and Human Services under RSA 161:2.
This allotment may be adjusted to reflect on-hand supplies of food
or resources to obtain food. Food vouchers will not be issued to applicants
residing in shelters where food is provided or readily available through
local soup kitchens and food pantries.
(4)
Telephone. If the absence of a telephone would create
an unreasonable risk to the recipient's health or safety (verifiable
in writing by a physician) than the lowest available basic monthly
rate will be budgeted as "need." The welfare office will not pay telephone
bills or provide telephone equipment.
(5)
Transportation. If the Welfare Official determines
that transportation is necessary (e.g., for health or medical reasons,
to maintain employment, or to comply with conditions of assistance),
"need" should include the costs of public transportation or minimal
fuel purchases. No cost to prevent repossession of any kind, no automobile
payments, no registration or licensing costs will be included.
(6)
Maintenance of insurance. In the event that the Welfare
Official in consulting with the Welfare Officer determines that the
maintenance of medical insurance is essential, an applicant may include
as "need" the reasonable cost of such premiums. The payment of such
premiums by the welfare office shall only be considered if the fiscal
benefit for the City is greater than the cost of the insurance.
(7)
Medical expenses. The Welfare Official shall not provide
for medical, dental or eye services. The Welfare Officer shall make
modifications to this provision on an as-needed basis related to medical
necessity as documented by a medical professional. The recipient or
applicant must verify that all other potential sources have been investigated
and that there is no other source of assistance; or that budgeted
or deferred payment arrangements cannot be made with the health care
provider. Other sources to be considered shall include state and federal
programs, local and area clinics, area service organizations and area
hospital programs (including the Hill-Burton Act) designed for such
needs. When a person applies for medical service, prescriptions, dental
service or eye service to the local welfare office, he/she must provide
written documentation from a medical professional (doctor, dentist,
licensed optometrist) indicating that these services are absolutely
necessary and cannot be postponed without creating a significant risk
that the applicant or recipient's well-being will be placed in serious
jeopardy. The Welfare Official may approve payment of any medical
fee up to the reimbursable amount set for the procedure by the New
Hampshire Medicaid Program. Medication prescriptions, other than birth
control or antagonist medications, will be considered emergency assistance.
Whenever possible, generic or less expensive medications should be
used, unless specified "brand only" by the physician. Applicants/recipients
shall be directed to seek sample medications or apply for free medications
through their prescribing physician. The welfare office may not cover
over-the-counter medications or medications/prescriptions not covered
under the Medicaid Program.
(8)
Emergency and other expenses. In the event that the
applicant has the following current expenses, the actual cost shall
be included as emergency and other expenses to determine eligibility
and amount of assistance:
(a)
Legal expenses. Unless specifically required
by statute, no legal expenses will be included in the "need" formula.
The welfare office will not cover any legal expenses.
(b)
Moving expenses. Moving expenses may be included
in the calculation of "need," however, will not be paid by the welfare
office. The welfare office may cover the expense of returning a nonresident
person to his/her residence at his/her request pursuant to RSA 165:1-c.
Furniture storage charges shall not be allowed. The welfare office
may assist recipients with the first month rent to offset the cost
of moving.
(c)
Home ownership expenses. Where an applicant
owns a home and is eligible for assistance, the Welfare Official may
determine it necessary to pay property taxes to prevent foreclosure
and maintain the applicant in the current household. A lien shall
be placed on the property. (RSA 165:28)
(9)
Unusual needs not otherwise provided for in these guidelines. If the Welfare Official determines that the applicant's needs have substantially changed, or that strict application of the standard of need criteria will result in unnecessary or undue hardship (e.g., needed services are inaccessible to the person), such official may make minor adjustments in the criteria, or may make allowances using the emergency need standards stated in § A400-6D(2) of these guidelines. Any such determination, and the reasons therefor, shall be stated in writing in the applicant's case record.
(10)
Shared expenses. If the applicant(s)/recipient(s)
household/family unit shares shelter, utility, or other expenses with
a nonapplicant/recipient (i.e., is part of a residential unit), then
"need" should be determined on a pro rata share, based on the total
number of persons in the residential unit and that all pro rata expenses
have been verified to be current (e.g., three persons in a residential
unit, but only one applies for assistance. Shelter need is 1/3 of
shelter allowance for a household of three persons).
(11)
Maximum payment level determination. The Mayor and Board of Aldermen shall approve payment levels determined by the Welfare Officer for various allowable expenses per standard of need defined in § A400-9. The maximum payment level for any particular allowable expense shall be based on actual local market conditions and costs. The payment levels shall be reviewed by the Welfare Officer, and if warranted, will be updated to current market conditions.[1]
[1]
Editor’s Note: City of Nashua Welfare Department Financial
Standards are included as Appendix A at the end of this chapter.
F.
Income. In determining eligibility and the amount of assistance, the applicant's standard of need, as determined under Subsection E above, shall be compared to the available income/assets. Computation of income and expenses will be by the week or month and will be based on maximum allowances posted in the welfare office as established by the Welfare Officer and approved by the Mayor and Board of Aldermen. It is the responsibility of the applicant to provide any information regarding his/her income status to the Welfare Official at each appointment. The following items will be included in the computation:
(1)
Earned income. Income in cash, tips, or in-kind earned
by the applicant(s) or any member of his/her household through wages,
salary, commissions, or profit, whether self-employed or as an employee,
is to be included. Rent income and profits from produce sold are included
in this category. With respect to self-employment, total profit is
determined by subtracting business expenses from gross income in accordance
with standard accounting principles. When income consists of wages,
the amount computed should be that available after income taxes, social
security and other payroll deductions required by state, federal,
or local law. Child-care costs, court ordered support payments and
work-related clothing costs may also be deducted from income. Wages
that are trusteed, or income similarly unavailable to the applicant
or applicant's dependents should not be included.
(2)
Income or support from other persons. Contributions
from relatives or other household members shall be considered as income
only if actually available and received by the applicant or recipient.
Persons in the relationship of father, mother, stepfather, stepmother,
son, daughter, husband or wife, are legally liable to support the
applicant(s) [RSA 165:19], and therefore may be required to apply
jointly with him/her if they are in the same household/family unit.
(Expenses shared with nonhousehold members may affect determination
of the level of need.) Any adult (even an unrelated person or roommate)
who resides in the same household "in loco parentis" (in the role
of substitute parent) to a minor child is liable for contributing
to that child's support (RSA 165:32), and is required to apply jointly
with that household.
(3)
Income from other assistance or social insurance programs.
(a)
State categorical assistance benefits, OAA,
social security payments, VA benefits, unemployment insurance benefits,
pensions, and payments from other government sources shall be considered
income.
(b)
Food stamps cannot be counted as income pursuant
to federal law. [7 U.S.C. § 2017(b)]
(c)
Fuel assistance cannot be counted as income
pursuant to federal law. [42 U.S.C. § 8624(f)(1)]
(4)
Court-ordered support payments. Alimony and child
support shall be considered income only if actually received by the
applicant or recipient.
(5)
Income from other sources. Payment from pensions,
trust funds, and the like shall be considered income.
(6)
Earnings of a child. No inquiry shall be made into
the earnings of a child 16 years of age or under unless that child
makes a regular and substantial contribution to the family.
(7)
Deemed income. The Welfare Officer shall deem as income
all or any portion of any qualified state assistance reduction pursuant
to RSA 167:82, VIII, as set forth in RSA 165:1-e. When applicant(s)/recipient(s)
receiving benefits through the division of human services is sanctioned
by a reduction in benefits for noncompliance, the amount of income
considered available would be the amount the applicant(s)/recipient(s)
was/were receiving prior to the sanction.
No determination of residency shall be made
unless the applicant requests return home transportation or unless
the Welfare Official has reason to believe the person is a resident
of another municipality from which recovery can be made under RSA
165:20.
A.
Eligibility. No persons 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)'
community of residence.
D.
Temporary or emergency aid. 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.
E.
Determination of residence.
(1)
Minors. The residence of a minor shall be presumed
to be the residence of his/her custodial parent/guardian.
(2)
Adults. For competent adults, the standard for determining
residence shall be the overall intent of the applicant, as set forth
in the definition of "residence." The following criteria shall aid
the Welfare Official in determining the applicant's residence:
(a)
Does the person have or immediately intend to
establish a dwelling place within the municipality?
(b)
Does the person have property, an established
dwelling place or employment in any other municipality, to which he/she
intends to return?
(c)
Does the person have a present intent to leave
the municipality at some specific future time?
(d)
Has the person evidenced his/her intent to establish
domicile 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?
F.
Return home transportation. At the request of a nonresident
applicant, any aid, temporary or otherwise, for assistance to which
he/she would be otherwise entitled under the standards set forth in
these guidelines, may be used by the Welfare Official to cause the
person to be returned to his/her community of residence. (RSA 165:1-c)
G.
Recovery. Any aid given to a nonresident, including
the costs of return home transportation, may be recovered from his/her
community of residence.
A.
Any recipient of general assistance determined able-bodied
may be required to work through the Nashua Employment Opportunity
Program (NEOP) for the City or other appropriate local human service
agencies at any available bona fide jobs that are within his/her capacity
as reimbursement for benefits received. (RSA 165:31)
B.
Participants in the welfare work program are not considered employees of the City, and any work performed by welfare work program participants does not give rise to any employee/employer relationship between the recipient/welfare worker and the City. The Board of Aldermen, through adoption of these guideline, has voted to make provisions of Chapter 123, amending RSA 281-A:2, not to be applicable to NEOP participants.
C.
Required NEOP workers hours are based on the amount
of aid rendered and are calculated at the prevailing wage. All hours
attributable to welfare work participation shall be used to reimburse
the City for assistance given. No recipient shall work more hours
than necessary to reimburse the City for aid rendered. No NEOP participant
will be compensated in the form of a cash payment.
D.
If, due to lack of available work or other verifiable
good cause, a recipient does not work a sufficient number of hours
to fully compensate the City for the amount of his/her aid, the full
amount of aid for which he/she is eligible under these standards shall
still be paid.
E.
The City shall provide reasonable time during working
hours for the recipient to secure work in the labor market.
F.
Refusal to work does not include failure to appear
for or to perform under the circumstances listed below. The recipient
should, however attempt to schedule appointments so as not to conflict
with the welfare work program and must notify his/her Welfare Official
in advance of the appointment. The Welfare Official may require recipients
to provide documentation of the attendance at a conflicting interview
or appointment. The circumstances include when the recipient:
(1)
Has a conflicting interview for a job possibility.
(2)
Has a conflicting interview at a service or welfare
agency.
(3)
Has a medical appointment or illness.
(4)
Must care for children under the age of five. A person
responsible for a child over five but under 12 years of age shall
be deemed to have verifiable good cause to refuse to work during the
hours 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 determined by the Welfare Official or must remain at home because
of illness or disability to another member of the household. A physician
must verify any of these conditions in writing.
(6)
Does not possess the materials or tools required to
perform the task and the municipality fails to provide for them.
G.
Working hours shall be established by the Welfare
Officer and are subject to approval by the work program site supervisor.
Failure of the recipient to adhere to the established working hours
will prompt review of the recipient's eligibility for general assistance
and/or possible suspension.
[Amended 4-8-2014 by Ord. No. O-14-009]
City Welfare will assist with the burial costs
when there is prior authorization by the Welfare Officer and after
attempts to find relatives or other parties responsible for payment
have failed. In order to be considered for funeral assistance, a family
member must appear in person at the Welfare Office and apply for assistance
of the deceased prior to the funeral and burial. The Welfare Official
will make a determination for assistance based on the relative’s
income and liabilities. If determined eligible for assistance, the
funeral may consist of cremation or burial in the City of Nashua cemetery.
Payment for burial from the Welfare Office is limited to $750 where
the total cost does not exceed $1,000 (RSA 165:27-a, I). Resources
from the Department of Health and Human Services, Social Security
or other sources as per RSA 165:3 will be applied toward reduction
of the Welfare Department cost.
All persons have a constitutional right to be
free of unfair, arbitrary or unreasonable action taken by local government.
This includes applicants for and recipients of general assistance
whose aid has been denied, terminated or reduced. Every applicant
and recipient shall be given written notice of every decision in an
effort to ensure that the applicant understands the decision.
A.
Notice of assistance granted: When an applicant is
granted assistance the notice shall include the type of assistance
given and the period of time the assistance is given for.
B.
Action taken for reasons other than noncompliance
with the guidelines. Whenever a decision is made to withdraw, suspend,
or deny an application for assistance a notice of the decision shall
be given to the applicant immediately or within five working days
from the time application is filled out and submitted. The notice
shall contain:
(1)
A clear statement of the reasons for the withdrawal,
suspension, or denial. If a denial or suspension is due to applicant's
failure to comply with these guidelines, the notice shall list those
guidelines with which the applicant has failed to comply, the specific
actions necessary to comply, and the consequence of noncompliance.
(2)
A statement advising the individual of his/her right
to a fair hearing, and that any request for a fair hearing must be
made in writing within five days; a form for requesting a fair hearing;
a statement that assistance may continue, if there was initial eligibility,
until the date of hearing, if requested by the claimants. Aid must
be repaid if the claimant fails to prevail at the hearing.
C.
Suspension for noncompliance with the guidelines.
(1)
Compliance. Recipients must comply with these guidelines
and the reasonable request of Welfare Officials. Welfare officials
must enforce the guidelines while ensuring that all recipients and
applicants receive due process. Recipients should be given reasonable
notice of the conditions and requirements of eligibility and continuing
eligibility and notice that noncompliance may result in termination
or suspension.
(2)
Conditions. Any person otherwise eligible for assistance
shall become ineligible under RSA 165:1-b if he/she willfully fails
to comply with the requirements of these guidelines relating to the
obligation to:
(a)
Failure to disclose and provide verification
of income, resources or other financial material data, including any
changes in this information. This may be due to a failure to keep
scheduled appointments without verifiable good cause.
(b)
Participate in the welfare work program as assigned
by the Welfare Official.
(c)
Comply with the work search requirements imposed
by the Welfare Official.
(d)
Apply for other public assistance, which would
alleviate the need for general assistance, as requested by the Welfare
Official.
(3)
Notice of decision (first notice). No applicant or
recipient otherwise eligible shall be suspended for noncompliance
with conditions unless he/she has been given a written notice of the
actions required in order to 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 thereafter as the conditions change.
(4)
Noncompliance. If a recipient willfully fails to come
into compliance during the seven-day period, or willfully falls into
noncompliance, the Welfare Official shall give the recipient a notice
of suspension.
(5)
Suspension notice. Written notice of decision to a
recipient that he/she is suspended from assistance due to failure
to comply with the conditions required in a first notice shall include:
(a)
A list of the requirements 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 on the
issue of willful noncompliance and that such request must be made
in writing to the Welfare Officer or deputy Welfare Officer within
five days of receipt of the suspension notice;
(d)
A statement that assistance may continue until
the fair hearing decision is made, if the recipient so requests in
writing for a fair hearing; however, if the recipient fails to prevail
at the hearing, the suspension will start after the decision and such
aid must be repaid by the recipient.
(6)
Suspension period. The suspension period for failure to comply with
the guideline requirements shall last:
[Amended 4-8-2014 by Ord. No. O-14-009]
(a)
Either seven days, or 14 days if the recipient has had a prior
suspension which ended within the past six months; and
(b)
Until the recipient complies with the guidelines if the recipient,
upon the expiration of the seven- or fourteen-day suspension period,
continues to fail to carry out the specific actions set forth in this
notice.
(c)
Notwithstanding Subsection D(6)(b) above, a recipient who has
been suspended for non-compliance for at least six months may file
a new application for assistance without coming back into compliance.
(7)
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. The burden of proof lies with the recipient to show that
he/she has come into compliance with the guidelines. The notice of
decision stating that assistance has been resumed should 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.
Requests. A request for a fair hearing is a written
request by the applicant(s) or recipient(s) to the effect that he/she
wants an opportunity to present his/her case to a higher authority.
B.
The Fair Hearing Officer. The Mayor assigns the Fair
Hearing Officer. The Fair Hearing Officer presiding over the fair
hearing request must:
(1)
Not have participated in the decision causing 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,
to explain to the claimant the laws and regulations under which the
Welfare Official operated and to interpret to Welfare Officials any
evidence of unsound, unclear or inequitable policies, practices, or
actions.
C.
Time limits for request and hearing.
(1)
When an application is denied or when a recipient
desires to challenge a decision made by the Welfare Official relative
to the receipt of assistance, a request for a fair hearing must be
received within five working days of receipt of the notice of decision
at issue.
(2)
Hearings requested by claimants must be held within
a reasonable amount of time, not to exceed 10 working days of the
receipt of the request. The Welfare Official shall give notice to
the claimant setting forth time and location of the hearing. The notice
must be given to the claimant at least 48 hours in advance of the
hearing or mailed by certified mail to the claimant's last known address
at least 72 hours in advance of the hearing.
(3)
Any applicant may withdraw, in writing, his/her request
for a fair hearing any time prior to the fair hearing and up to the
time of the fair hearing. An applicant believing to have good cause
to request a continuance or postponement may do so by contacting the
Welfare Officer at the earliest possible time prior to the fair hearing.
Good cause shall include, but not be limited to, medical emergency
or unforeseen circumstances that prevent the claimant from attending
the scheduled hearing. A claimant shall provide documentation of such
circumstance to the Welfare Officer no later than 72 hours after the
request is made. Failure to provide such documentation and/or failure
to show for a scheduled fair hearing shall be deemed as a withdrawal
of the fair hearing request of the claimant.
D.
Fair hearings.
(1)
Claimant access to information. Prior to a fair hearing,
a claimant has the right to examine all records, papers and documents
from the claimant's case file which either party may wish to introduce
at the fair hearing, as well as available documents not contained
in the case file, but relevant to the action of the Welfare Official,
which is the basis for the claimant's complaint. The claimant may
introduce any such documents, papers or records into evidence. No
record, paper or document, which the claimant has not been allowed
to examine prior to the hearing, shall be introduced at the hearing
or become part of the record.
(2)
Welfare Department access to information. The Welfare
Official (or a duly authorized representative) shall have the right
to examine at the fair hearing all documents on which the claimant
plans to rely at the fair hearing and may request a twenty-four-hour
continuance if such documents contain evidence not previously provided
or disclosed by the claimant.
(3)
Procedures for fair hearings.
(a)
All fair hearings shall be conducted in such
a manner as to ensure due process of law.
(b)
Fair hearings shall not be conducted according
to strict rules of evidence or legal procedures.
(c)
The burden of proof shall be on the claimant
who shall be required to establish his/her case by a preponderance
of the evidence that the Welfare Official was unlawful or unreasonable
under the welfare guidelines.
(d)
The Welfare Official responsible for the decision
complained of shall attend the hearing and testify about his/her actions
and the reasons therefore.
(e)
Both parties shall be given the opportunity
to offer evidence and explain their positions.
(f)
The claimant or his/her representative and the
Welfare Official or his/her representative shall have the opportunity
to examine all records and documents used at the hearing. The claimant
shall have the opportunity to present his/her own case or at the claimant's
option, with the aid 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.
(g)
The decision of the Fair Hearing Officer must
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 records. The hearing officer shall not review
the case record or other materials prior to introduction at the hearing.
(h)
The parties may stipulate to any facts.
(i)
Any claimant may withdraw in writing his/her
request for a fair hearing at any time up to the time of the hearing.
A claimant who fails to appear for any scheduled fair hearing shall
be deemed to have withdrawn his request for such a hearing.
(j)
A claimant who believes he has verifiable good
cause to request a continuance or postponement of a scheduled fair
hearing shall contact the Welfare Official at the earliest possible
time prior to the hearing. Upon verifiable good cause shown, the Welfare
Official may reschedule such hearing. Verifiable good cause shall
include, but not necessarily be limited to, demonstrated medical emergency,
or other demonstrated unforeseen circumstances, which reasonably prevents
the claimant from attending such scheduled hearing. A claimant shall
provide documentation of such circumstances to the satisfaction of
the Welfare Official no later than 72 hours after the request for
postponement is made. If the claimant does not provide documentation
of such circumstances to the Welfare Official within 72 hours, then
the request shall be deemed withdrawn by the claimant.
(4)
Decisions.
(a)
Fair hearing decisions shall be rendered within
five working days of the hearing. Decisions shall be in writing, setting
forth the reasons for decisions and the facts on which the Fair Hearing
Officer relied in reaching his/her decision. A copy of the decision
shall be mailed or delivered to the claimant and to the Welfare Official.
(b)
Fair hearing decisions will be rendered based
on the evidence presented, both oral and written, the officer's findings
of fact, these guidelines and state and federal law. The fair hearing
decision shall set forth appropriate relief.
(c)
In the case of a hearing to review a denial
of aid, the decision is retroactive to the date of the action being
appealed. If a claimant fails to prevail at the hearing, the assistance
given pending the hearing shall be a debt owed by the individual to
the municipality and a repayment schedule shall be established.
(d)
The Welfare Official shall keep record of all
fair hearing decisions on file in chronological order. These records
will include an audio tape recording of the hearing, documentary evidence
presented at the hearing, and the written decision of the fair hearings
officer. However, neither the failure of the hearings officer or of
the Welfare Officer to record or retain any such audiotape shall invalidate
the decision of the fair hearings officer.
(e)
None of the procedures specified herein shall
limit any right of the claimant to subsequent court action to review
or challenge the adverse decision.
A.
Real estate. (RSA 165:28). The amount of money spent
by a town or City to support or assist an applicant shall, except
for good cause, be made a lien for on any real estate owned by an
assisted person. (This section does not authorize the placement of
a lien on the real estate of legally liable relatives, as defined
by RSA 165:19.) The Welfare Official shall file a notice of lien with
the Registry of Deeds, complete with the owner's name and description
of the property sufficient to identify it. Interest at the rate of
6% per year shall be charged on the amount of money constituting the
lien commencing one year after the date the lien is filed. The lien
remains in effect until enforced or released or until the amount of
the lien is repaid to the City. The lien shall not be enforced so
long as the real estate is occupied as the sole residence of the assisted
person, his/her surviving spouse, or his/her surviving children who
are under age 18 or blind or permanently and totally disabled. Upon
repayment of a lien, the City must file written notice to discharge
the lien with the county Registry of Deeds.
B.
Civil judgments. The City of Nashua shall be entitled
to a lien upon property passing under the terms of a will or by intestate
succession, a property settlement, or civil judgment of personal injuries
awarded any person granted assistance by the City under RSA 165 for
the amount of assistance granted by the City. The City shall be entitled
to the lien only if the assistance was granted no more than six years
before the receipt of the inheritance or award of the property settlement
or civil judgment (RSA 165:28-a). The lien shall take precedence over
all other claims.
A.
The amount of money spent by a municipality to support
an applicant who has a residence in another municipality, or has a
father, mother, stepfather, stepmother, husband, wife or adult child
of sufficient ability to also support the assisted applicant, may
be recovered from the municipality of residence or liable relatives.
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. Written notice of money spent
in support of an assisted person must be given to the liable relative.
The Welfare Official shall make reasonable efforts to give such written
notice prior to the giving of aid, but aid to which an applicant is
entitled under these Guidelines shall not be delayed due to inability
to contact liable relatives. Any legal action for recovery brought
under RSA 165:20 must be filed in court within six years after the
expenditure. (RSA 165:19, 20, 25). There shall be no delay, refusal
or termination of assistance while the Welfare Official is pursuing
reimbursement from responsible relatives or from the municipality
of residence.
B.
The amount of money spent by the City to support a
recipient who has a court suit or settlement pending shall be recovered
by notifying the attorney or insurance carrier of the City's right
to lien the suit or settlement for all aid rendered (RSA 165:28-a).
Any legal action to recover must be filed in a court within six years
after the expenditure.
C.
The amount of money spent by a municipality to support
a person who has made initial application for SSI and has signed an
interim assistance program reimbursement form, shall be recovered
through the SSA and Department of Health and Human Services.
D.
A former or current recipient who is returned to an
income status after receiving assistance agrees to reimburse the City
for the assistance provided. (RSA 165:20)
A.
Whenever the owner of property to a person receiving
assistance from the City of Nashua is in arrears in sewer, water,
tax payments to the City, the City may apply, upon approval of the
governing body, the assistance which the property owner would have
received in payment of rent on behalf of such assisted person to the
property owner's delinquent balances, regardless of whether such delinquent
balances are in respect of property occupied by the assisted person.
A payment shall be considered in arrears if more than 30 days have
elapsed since the mailing of the bill or, in the case of real estate
taxes, if interest has begun to accrue pursuant to RSA 76:13. (RSA
165:4-a)
B.
The procedure for application of such rent is as follows:
(1)
The Welfare Official will issue a voucher on behalf
of the tenant to the landlord for 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 Official will issue a duplicate voucher
to the appropriate department (i.e., Tax Collector, Water Department),
which shall issue a receipt of payment to the delinquent landlord.
The Welfare Official is empowered to interpret
and implement these guidelines so as to best effectuate their purpose.
If necessary or desirable for the Welfare Official to vary the application
of these guidelines in any individual case, such variation shall be
approved, in advance, by the Welfare Officer appointed by the Mayor
in accordance with Nashua Charter Section 42.
