He-W 700

CHAPTER He-W 700 He-W 700 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)

Statutory Authority: RSA 161:4-A, IV

REVISION NOTE:

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

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

PART He-W 701 DEFINITIONS

He-W 701.01 Definitions A- E.

(a) "Able-bodied adult without dependents (ABAWD)" means a recipient who is at least age 18 but younger than age 55 who does not have dependents and is subject to special work requirements in order to receive supplemental nutrition assistance program (SNAP) benefits.

(b) “Agency error” means an action or lack of action by the department resulting in the underpayment or an overpayment of an applicant or recipient’s level of benefit or resulting in an incorrect determination of eligibility or ineligibility. This term includes “administrative error (AE)”.

(d) “Application” means a formal request for assistance or services pursuant to RSA 167:8, which is signed and dated by an individual or authorized representative.

(e) “Assistance group (AG)” means individuals living together whose needs, income, and resources are considered and combined together when determining eligibility or the amount of benefits.

(f) “Authorized representative (AR)” means an individual acting on behalf of the casehead in some or all of the aspects of initial and continuing eligibility.

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

(h) “Casehead” means the individual under whose name the case is listed.

(i) “Department” means the New Hampshire (NH) department of health and human services (DHHS).

(j) “Educational income” means financial assistance, payments, loans, reimbursements, or allowances paid to or on behalf of post-secondary education students.

(k) “Electronic benefit transfer” (EBT) means the method of issuing SNAP benefits to an account, which is accessed by a recipient with a debit card.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; ss by #7327, eff 8-1-00; ss by #9207, eff 7-19-08; ss by #11121, eff 7-19-16; ss by #13699, eff 7-25-23; ss by #14082, eff 10-1-24

He-W 701.02 Definitions F – O.

(a) “Fleeing felon” means an individual who is fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony, or in the state of New Jersey, a high misdemeanor.

(b) “Fluctuating income” means:

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

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

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

(d) “Notice of decision (NOD)” means a computer-generated or manually prepared form which advises applicants and recipients of the results of eligibility determinations, increases or decreases in changes to the amount of assistance or level of eligibility, or other changes.

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

New. #13699, eff 7-25-23; ss by #14082, eff 10-1-24

He-W 701.03 Definitions P – Z.

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

(b) “Probation and parole violators” means individuals who are violating a condition of probation or parole under federal or state law.

(c) "Questionable" means any written or oral statement by an applicant or recipient, which is inconsistent with other statements made by the same individual, inconsistent with information provided on current or past applications for assistance, or inconsistent with information received by the department from other sources.

(d) “Recipient identification number (RID)” means a number assigned to an individual who is currently receiving benefits or was previously receiving benefits.

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

(1) Expected to continue into the future; or

(2) Short-term, but will last long enough to affect at least one issuance of SNAP benefits.

(f) “Supplemental nutrition assistance program (SNAP) account” means the EBT account established by the department into which SNAP benefits are deposited for the purpose of purchasing SNAP eligible items, as determined by the United States Department of Agriculture (USDA) Food and Nutrition Service.

(g) “Standard utility allowance (SUA)” means standard utility amounts that are used in place of actual costs in determining household excess shelter deductions.

(h) "Verification" means the use of third party documentation or third party information to establish the accuracy of statements by an individual to the department.

He-W 701.04 RESERVED

Source. #6549, eff 8-1-97; ss by #6672, eff 1-26-98; ss by #6825, eff 8-3-98; ss by #8715, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8822, eff 2-17-07; ss by #10767, eff 1-22-15; rpld by #13699, eff 7-25-23

He-W 701.05 RESERVED

Source. #6549, eff 8-1-97; ss by #6672, eff 1-26-98; ss by #6825, eff 8-3-98; ss by #8715, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; rpld by #13699, eff 7-25-23

He-W 701.06 RESERVED

Source. #6825, eff 8-3-98; ss by #8715, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8822, eff 2-17-07; ss by #10767, eff 1-22-15; rpld by #13699, eff 7-25-23

He-W 701.07 RESERVED

Source. #6825, eff 8-3-98; ss by #8715, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8822, eff 2-17-07; ss by #10767, eff 1-22-15; rpld by #13699, eff 7-25-23

He-W 701.08 RESERVED

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

He-W 701.09 RESERVED

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

He-W 701.10 RESERVED

Source. #6825, eff 8-3-98; ss by #8715, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8822, eff 2-17-07; ss by #10767, eff 1-22-15; rpld by #13699, eff 7-25-23

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

He-W 702.01 Method of Issuance.

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

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

(1) Obtain an EBT card through:

a. The district office; or

b. The mail, from the department;

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

a. At the district office; or

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

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

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

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

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

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

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

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

(f) An individual may obtain the AR’s EBT card on behalf of the AR when the individual has authorized the AR to receive the EBT card pursuant to (d) above.

(g) SNAP benefits which have not been accessed by the individual for a period of 274 days after the date the benefits were issued shall be considered no longer available to the individual and permanently removed from the EBT account, pursuant to 7 CFR 274.2(i)(1)(i).

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

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

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

He-W 702.02 RESERVED

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

He-W 702.03 Telephone Application.

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

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

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

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

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

PART He-W 703 RESERVED

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

PART He-W 704 CASE DECISIONS

He-W 704.01 – He-W 704.03 - RESERVED

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

He-W 704.04 Electronic Notification.

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

(1) Chooses to access notices electronically;

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

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

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

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

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

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

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

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

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

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

(4) The head of household’s signature.

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

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

Source. #9815, eff 11-19-10

He-W 704.05 Electronic Account Access.

(a) Electronic accounts that contain the casehead’s electronic notices of decisions (NODs), as defined in He-W 701.02, and other confidential case information, shall be activated through the department’s eligibility web portal by:

(1) The case head;

(2) The casehead’s guardian, conservator, or protective payee;

(3) An authorized representative (AR) or power of attorney chosen by the casehead; or

(4) An organization acting as the caseheads’s guardian, conservator, protective payee, AR, or power of attorney.

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

(1) Obtain the casehead’s permission to access the electronic account; and

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

a. The organization’s name, phone number, both physical and mailing addresses, and email address;

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

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

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

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

(d) If the organization chooses to only access NODs electronically, with no paper NOD sent via the United States Postal Service (USPS), the organization shall be responsible for the security and validity of the email account information provided to the department.

(e) All information included in paper NODs shall also be included in electronic NODs.

(f) If the organization prefers to reestablish paper NODs sent via the USPS, and chooses not to use the department’s eligibility web portal to make this change, the organization shall submit a written request to the department and include the following information:

(1) The casehead’s printed name;

(2) The request to reestablish paper NODs sent via the USPS;

(3) The case number or recipient identification number, if known, assigned to the casehead;

(4) The organization’s name, phone number, both physical and mailing addresses, and email address; and

(5) The printed name and dated signature of the AR for the organization.

Source. #10729, eff 11-25-14; ss by #13976, eff 5-23-24

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

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

PART He-W 708 CLAIMS AGAINST HOUSEHOLDS

He-W 708.01 Collection Action on Claims.

(a) In accordance with 7 CFR 273.18(e)(2)(i), the department shall not pursue payment of a claim, as follows:

(1) An agency error (AE) claim, as described in 7 CFR 273.18(b)(3), when the gross AE claim is less than $450; and

(2) Inadvertent household error (IHE) claim, as described in 7 CFR 273.18(b)(2), when the gross IHE claim is less than $300.

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

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

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

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

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

a. Whether an overpayment has occurred; or

b. Whether repayment to the department is required.

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

(1) Possible prosecution; or

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

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

(e) Pursuant to (d) above, households that are current recipients at the time the AE claim is established shall have the net AE claim amount calculated by multiplying 10 percent of the household’s current monthly allotment or $10, whichever is greater, by 36 months.

(f) If the household’s net AE claim amount calculated in (e) above is:

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

(2) Less than the gross AE claim amount:

a. The net AE claim amount calculated in (e) above shall become the AE claim amount that shall be collected; and

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

(g) If overpayment on a claim occurs, the household shall be repaid within 10 calendar days of the date the overpayment is received and processed, pursuant to 7 CFR 273.18(h)(1).

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; amd by #8388, eff 7-8-05; paragraphs (d)-(f) EXPIRED: 8-1-05; ss by #10368, eff 7-8-13; ss by #13762, eff 9-28-23

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

He-W 709.01 RESERVED

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

He-W 709.02 Waived Hearings. An individual accused of an intentional program violation may waive the individual’s right to an administrative disqualification hearing in accordance with 7 CFR 273.16(f).

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

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

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

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

PART He-W 722 INTERVIEWING HOUSEHOLDS

He-W 722.01 Interview Requirements.

(a) In accordance with 7 CFR 273.2(e)(2), all households shall have the option to participate in a telephone interview in lieu of a face-to-face interview.

(b) The casehead, as defined in He-W 701.01, or authorized representative shall review the summary of the information provided during the interview with the department’s representative who conducted the interview, and make any corrections to the information, if needed.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; amd by #6826, eff 8-3-98; amd by #6896, eff 12-1-98; amd by #8388, eff 7-8-05; paragraph (a) EXPIRED: 8-1-05; amd by #8730, eff 9-26-06; ss by #10368, eff 7-8-13; ss by #13695, eff 7-22-23

PART He-W 723 - RESERVED

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

PART He-W 724 VERIFICATION REQUIREMENTS

He-W 724.01 Required Verification.

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

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

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

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

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

b. The repayment schedule.

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

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

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

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

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

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

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

(d) For an exemption due to:

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

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

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

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

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

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

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

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

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

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

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

a. The individual has applied for an SSN; or

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

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; amd and moved by #6549, eff 8-1-97 (formerly He-W 724.03, originally #6446, eff 2-1-97); amd by #6726, eff 4-1-98; amd by #6744, eff 5-1-98; amd by #6836, eff 8-26-98; amd by #6954, eff 3-3-99; amd by #7391, eff 12-1-00; amd by #7962, eff 10-1-03; amd by #8388, eff7-8-05; amd by #8715, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; paragraphs (b), (c)(3), (d), (e), (j)(1)-(10) & (k) EXPIRED: 8-1-05

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

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

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

PART He-W 732 RESERVED

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; amd by #6836, eff 8-26-98; amd by #8388, eff 7-8-05; paragraphs (c), (d) & (f) EXPIRED: 8-1-05; paragraphs (a) & (b) EXPIRED: 8-26-06; ss by #10368, eff 7-8-13; rpld by #13664, eff 6-21-23

PART He-W 733 RESERVED

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

PART He-W 734 DISQUALIFICATIONS

He-W 734.01 Disqualifications for Voluntary Quit.

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

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

(1) One month for the first violation;

(2) Three months for the second violation; and

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

New. #11122, eff 7-1-16

He-W 734.02 Disqualification for Fleeing Felon and Probation or Parole Violators.

(a) An individual determined to be a fleeing felon, as defined in He-W 701.02(a), shall be an ineligible household member. Pursuant to 7 CFR 273.11(n)(1)(i), the department shall establish an individual as a fleeing felon through a four-part test:

(1) There is an outstanding felony warrant for the individual by a federal, state, or local law enforcement agency, and the underlying cause for the warrant is for committing or attempting to commit a crime that is a felony under the law of the place from which the individual is fleeing or a high misdemeanor under the law of New Jersey;

(2) The individual is aware of, or should reasonably have been able to expect that, the felony warrant has already or would have been issued;

(3) The individual has taken some action to avoid being arrested or jailed; and

(4) The federal, state, or local law enforcement agency is actively seeking the individual pursuant to 7 CFR 273.11(n)(3).

(b) An individual determined to be a probation or parole violator shall be an ineligible household member. To be considered a probation or parole violator, an impartial party, as designated by the department, must determine that the individual violated a condition of probation or parole imposed under federal or state law and that federal, state, or local law enforcement authorities are actively seeking the individual to enforce the conditions of the probation or parole, pursuant to 7 CFR 273.11(n)(3).

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

New. #13645, eff 5-24-23

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

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

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

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

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

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

PART He-W 740 INCOME

He-W 740.01 Excluded Income.

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

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

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

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

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

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

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

PART He-W 741 RESOURCES

He-W 741.01 Excluded Resources.

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

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

(1) Leased;

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

(3) Unregistered and:

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

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

c. Can only be sold for scrap or parts.

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

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

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

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

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

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

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

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

PART He-W 742 ALLOWABLE INCOME DEDUCTIONS

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

He-W 742.02 Utility Expenses Incurred Separately.

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

(1) Heating or cooling;

(2) Utilities only;

(3) Electric only;

(4) Telephone only; or

(5) Internet only.

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

Table 700-1, SUA

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PART He-W 743 - RESERVED

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

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

He-W 744.01 Converting Income. Pursuant to 7 CFR 273.10(c)(2)(i), income received on a weekly, biweekly, or semi-monthly basis shall be converted to a monthly amount using the department’s public assistance conversion standards as follows:

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

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

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

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

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

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; amd by #8388, eff 7-8-05; paragraph (b) EXPIRED: 8-1-05; ss by #10368, eff 7-8-13; ss by #13616, eff 4-26-23

He-W 744.03 Fluctuating Income.

(a) The department shall convert fluctuating income, as defined in He-W 701.02, to a monthly amount pursuant to He-W 744.01 by averaging income for the most recent consecutive 4 weeks when such income represents a best estimate of future income as defined in He-W 701.01 and verified by third party documentation as defined in He-W 701.03.

(b) Income received during weeks with non-significant income changes, as defined in He-W 701.02, shall not be used to determine the average monthly amount.

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

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

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

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

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

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

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

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

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

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

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

Source. #6826, eff 8-3-98; amd by #7722, eff 7-1-02; amd by #8715, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8822, eff 2-17-07; ss by #10767, eff 1-22-15; ss by #14082, eff 10-1-24

PART He-W 745 - RESERVED

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

PART He-W 746 ACTIONS ON ELIGIBLE HOUSEHOLDS

He-W 746.01 Determination of the Monthly Allotment.

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

(b) When an otherwise eligible individual has been disqualified due to voluntarily quitting employment within the 30 days prior to application or at any time during participation in the program, and the disqualification period has ended, the needs of the individual shall be included effective with the first allotment issued following the end of the disqualification.

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

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; amd by #6875, eff 10-24-98; amd by #8388, eff 7-8-05; amd by #8730, eff 9-26-06; ss by #10368, eff 7-8-13; ss by #13700, eff 7-25-23

He-W 746.02 Establishing Certification Periods.

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

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

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

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

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

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

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

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

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

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

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

(1) Expenses exceed household income;

(2) A member is a potential wage earner;

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

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

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

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

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

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

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

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

PART He-W 747 - RESERVED

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

PART He-W 748 EMPLOYMENT AND TRAINING REQUIREMENTS

He-W 748.01 Reimbursement for Mileage.

(a) Individuals participating in any component of the supplemental nutrition assistance program employment and training (SNAP E&T) program, pursuant to 7 USC 2015(d)(4)(B)(i), shall be provided mileage reimbursement as described in (c) below as funding and resources for SNAP E&T within the current federal fiscal year allow.

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

(1) Be calculated by multiplying the actual number of miles traveled by the SNAP E&T participant in a personal vehicle by the current mileage reimbursement rate, as described in He-W 655.06(e)(2)a.;

(2) Be actual costs for public transportation including but not limited to taxi rides, bus passes, and ride sharing; and

(3) Not exceed $100 per month.

(d) SNAP E&T participants, pursuant to 7 USC 2015(d)(4)(B)(i), shall be eligible to receive mileage reimbursement when the following conditions are met:

(1) The documented costs of mileage is for SNAP E&T activities;

(2) Mileage reimbursement documentation includes:

a. The date the mileage costs were incurred;

b. The physical location and mailing address of the SNAP E&T related activity;

c. The specific actions taken during the SNAP E&T related activity;

d. Contact name and phone number for the SNAP E&T activity;

e. The total amount of miles traveled;

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

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

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

(e) To remain eligible for mileage reimbursement, participants in the SNAP E&T program who have received mileage reimbursement for 12 or more months over the participant’s lifetime receipt of SNAP benefits shall participate in a reassessment every 6 months to determine the SNAP E&T participant’s abilities, skills, and barriers to employment while continuing to search for employment.

(f) Mileage reimbursement shall be issued:

(1) As a cash deposit into the participant’s bank account through the electronic funds transfer (EFT) system, as defined in He-W 601.03(n);

(2) As a cash deposit onto the participant’s electronic benefit transfer (EBT) card, or another electronic payment card provided by the department if the participant does not have a bank account or the participant’s bank does not accept direct deposit; or

(3) By paper check.

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

Source. #6549, eff 8-1-97; ss by #7767, eff 10-1-02; ss by #8004, eff 12-13-03; ss by #9763, eff 7-30-10; ss by #10989, eff 1-1-16; ss by #13592, eff 3-24-23

He-W 748.02 - RESERVED

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

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

He-W 748.03 - RESERVED

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

PART He-W 749 - RESERVED

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

PART He-W 750 ACTIONS BECAUSE OF DELAYED ELIGIBILITY DETERMINATIONS

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

PART He-W 751 Reporting Requirements

He-W 751.01 Change Reporting Requirements.

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

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

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

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

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

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

PART He-W 752 NOTICES TO CLIENTS

He-W 752.01 Change Reporting.

(a) To determine if a change is reported timely in accordance with 7 CFR 273.12, the department shall use the date the report of the change was received as the reported date of the change.

(b) In accordance with 7 CFR 273.12(c)(1)(iii), the recipient shall provide verification, as defined in He-W 7 CFR 273.2(f) of any reported changes which would result in an increase in the household's benefits before the department shall act on the changes.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; amd and moved by #6549, eff 8-1-97 (formerly He-W 752.05, originally #6446, eff 2-1-97); amd by #8270, eff 2-1-05; amd by #8388, eff 7-8-05; paragraphs (a) & (b) EXPIRED: 8-1-05; ss by #10275, eff 2-21-13; ss by #13594, eff 3-24-23

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

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

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

He-W 756.01 Households with Shared Custody of Children.

(a) When a casehead, as defined in He-W 701.01, in supplemental nutrition assistance program (SNAP) household, hereinafter known as household x claims a child as a member of their SNAP household, but the child is currently included as a member of another SNAP household, hereinafter known as household y, the casehead of SNAP household x shall provide to the department one of the following documents:

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

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

(b) When the documentation described in (a) above is received by the department, the child shall be removed from the assistance group (AG) of SNAP household y and placed in the AG of SNAP household x within the following timeframes:

(1) Thirty days of the application filing date, pursuant to 7 CFR 273.2(g)(1), if the child was reported on a new application; or

(2) Ten days of receiving report of the change, pursuant to 7 CFR 273.12(c)(1)(iii), if SNAP household x is currently participating and is requesting to add the child.

(c) If the documentation described in (a) above cannot be provided, the casehead of SNAP household x shall provide to the department the following types of documentation, including, but not limited to:

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

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

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

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

(d) The department shall review the documentation described in (c) above to determine if the documentation verifies that the child resides in household x more than 50% of the time. If the department reaches this determination, then the department shall remove the child from the AG of SNAP household y and place the child in the AG of SNAP household x within the timeframes specified in (b) above.

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

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

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

(f) If a court order and all other documentation described in (c) above indicates the child resides in SNAP household x exactly 50% of the time, the casehead of SNAP household x shall provide to the department the parenting plan of the court order indicating the number of meal time hours the child has resided in SNAP household x for the previous 6 months.

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

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

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

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

(h) The child shall be removed from SNAP household y and placed in SNAP household x, within the timeframes specified in (b) above, when the documentation described in (f) indicates the child resided in SNAP household x more than 50% of meal time hours for the previous 6 months.

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

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

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

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

New. #10404, eff 9-3-13; ss by #13624, eff 4-27-23

He-W 756.02 RESERVED

He-W 756.03 Households in Group Living Arrangements.

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

(1) Developmentally disabled individuals covered under home and community-based care, as defined in He-W 820.02(c), for the developmentally disabled; and

(2) Individuals living independently in a certified community residence, as defined in He-W 601.02(r) or He-M 1001.02(k), whose financial and medical eligibility is determined in accordance with the residence policy as outlined in He-W 648.03 and He-W 848.03.

(b) Individuals living in group living arrangements, as defined in 7 CFR 271.2, including arrangements under (a) above, shall have shelter expenses determined as follows:

(1) If the individual is charged for room and board as separately identifiable charges, the room portion only shall be allowed as a shelter expense;

(2) If the individual is charged a flat rate for combined room and board, the maximum supplemental nutrition assistance program allotment for the household size shall be subtracted from the amount charged and the remainder allowed as a shelter expense; and

(3) If the individual is charged for telephone expenses, the individual shall be eligible for the telephone-only standard utility allowance, as defined in He-W 742.02(f).

He-W 756.04 Self-employment.

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

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

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

He-W 756.05 Adopted Children Age 18 up to Age 22 Residing with a Birthparent Who Has Relinquished Parental Rights. An adopted child who resides with a birthparent shall be in a separate supplemental nutrition assistance program household when:

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

(b) The adopted child is age 18 or older and does not live with an adoptive parent; and

(c) Within the application processing timeframes described in 7 CFR 273.2(g), the adopted child provides a signed statement, under penalty of unsworn falsification, pursuant to RSA 641:3 that the adopted child purchases food and prepares meals separately from the adopted child’s birthparent.

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

New. #10730, eff 11-25-14; ss by #13933, eff 4-24-24

He-W 756.06 Public Assistance Households.

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

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

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

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

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

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

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

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

He-W 756.08 Determining Eligibility for Able-Bodied Adults Without Dependents

(a) Pursuant to 7 CFR 273.24(d)(1)(iv), an able-bodied adult without dependents (ABAWD), who has received three countable months of supplemental nutrition assistance program benefits, may regain eligibility if they verify that within 30 days subsequent to application they will:

(1) Work 80 or more hours;

(2) Participate in and comply with the requirements of a work program for 80 or more hours;

(3) Perform any combination of work and participation in a work program for 80 or more hours; or

(4) Become exempt from ABAWD work requirements, pursuant to 7 CFR 273.24(c).

(b) Pursuant to 7 CFR 273.24(d)(2)(i), an ABAWD who is regaining eligibility by working, participating in a work program, or a combination of both for 80 hours, shall have benefits prorated from the date of application.

Source. #13832, eff 12-23-23

PART He-W 757 - RESERVED

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

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

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

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

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

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

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

PART He-W 766 RECERTIFICATION OF ELIGIBILITY

He-W 766.01 Recertification of Eligibility. A supplemental nutritional assistance program (SNAP) household that has filed a timely application for recertification as defined in 7 CFR 273.14 shall provide all required verification, as specified in He-W 724.01 and 7 CFR 273.2(f)(8)(i), by the later of the following:

(a) The end of the current certification period; or

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

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97; amd by #8388, eff 7-8-05; paragraph (a) EXPIRED: 8-1-05; ss by #10368, eff 7-8-13; ss by #13596, eff 3-24-23, EXPIRES: 3-24-33

He-W 766.02 Telephone Redetermination.

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

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

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

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

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

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

PART He-W 775 PROGRAM OPTIONS - RESERVED

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

APPENDIX A

RULE	SPECIFIC STATE OR FEDERAL STATUTES THE RULE IMPLEMENTS
He-W 701.01	RSA 161:4-a, IV; RSA 161:2, XIII; 7 USC 2015(o)(3)(a)
He-W 701.02	RSA 161:4-a, IV; RSA 161:2, XIII
He-W 701.03	RSA 161:4-a, IV; RSA 161:2, XIII
He-W 701.04 - Reserved
He-W 701.06 - Reserved
He-W 701.07 - Reserved
He-W 701.10 - Reserved
He-W 702.01	RSA 161:2, I; RSA 161:4-a, IV; 7 CFR 273.2(f)(1)(vii), (n); 7 CFR 274.2(b), (f), (h)(2); 7 CFR 274.6; 7 CFR 274.8; 7 USC 2016(h)
He-W 702.03	RSA 161:4-a, IV; RSA 167:3-c, I; RSA 167:4; RSA 167:8; 7 CFR 273.2
He-W 704.04	RSA 161:4-a, IV; 7 CFR 273.1(d); 7 CFR 273.13(a)
He-W 704.05	RSA 161:4-a, IV; RSA 167:31; RSA 167: 32; RSA 167:83, II(b); 7 CFR 273.2; 7 CFR 273.13(a); 7 CFR 272.1(c)
He-W 708.01	RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.16; 7 CFR 273.17; 7 CFR 273.18
He-W 708.01 (a)-(f)	7 CFR 273.18; 7 CFR 273.16; RSA 167:3-c, I
He-W 709.02	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.16(f)
He-W 709.03	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.16(f)
He-W 722.01	RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.2(d)-(e)
He-W 724.01	7 CFR 273.2(f)(1)(v); 7 CFR 273.3(a); 7 CFR 273.6(b); 7 CFR 273.7(b); 42 USC 1320b-7
He-W 732 - Reserved
He-W 733 - Reserved
He-W 734.01	RSA 161:2, XIII; RSA 161:4-a, IV; RSA 167:3-c, I; RSA 167:4, I(c); 7 CFR 273.7(f)(2), (i) & (j)(1)-(3); 7 USC 2015(d)(1)(A)(v)
He-W 734.02	RSA 161:2, XIII; RSA 161:4-a, IV; 7 CFR 273.11(n)(1); 7 CFR 273.11(s); 7 CFR 273.26(d)(ix); 7 CFR 273.2(f)(5)
He-W 734.03	RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.11(q)
He-W 734.04	RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.7(f)(4)-(5); 7 USC 2015(d)(1)(B)
He-W 740.01	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.9(c)(1)(iv), (c)(3), & (c)(10)(iii)
He-W 741	RSA 161:4-a, IV and 7 CFR 273.8
He-W 741.01	RSA 161:4-a, IV; RSA 167:4, I(a); 7 CFR 273.8; 7 USC 2014(g)
He-W 742.01	RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.9(d)(3)(ix)
He-W 742.02	RSA 161:2, XIII; RSA 161:4-a, IV; RSA 167:3-c, I; RSA 167:4, I(a); 7 CFR 273.9(d)(6)(ii)-(iii); 7 USC 2014(e)(6)(C)-(D); PL 107-171 Sections 4104
He-W 742.02(i)-(m)	RSA 161:2, XIII; RSA 161:4-a, IV; RSA 167:3-c, I; RSA 167:4, I(a); 7 CFR 273.9(d)(6)(iii); 7 USC 2014(e)(6)(C)-(D)
He-W 742.02(f) & (g)	RSA 161:2, XIII; 161:4-a, IV; 167:4, I(a); 7 CFR 273.9(d)(6)(ii)(c)
He-W 742.02 (a),(b),(d),(f),(l)&(n)	RSA 161:2, XIII; RSA 161:4-a, IV; RSA 167:3-c, I; RSA 167:4, I(a); 7 CFR 273.9(d)(6)(iii); 7 USC 2014(e)(6)(C)
He-W 744.01	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.10(c)(2)-(3)
He-W 744.02	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.11(c)(3)
He-W 744.02 intro. & (a)	7 CFR 273.11(c)(3)(i)
He-W 744.03	RSA 161:4-a, IV; RSA 167:80; 7 CFR 273.9; 7 CFR 273.10(c); 7 CFR 273.11(a)
He-W 744.03(a)-(d) & (j)-(k)	7 CFR 273.9; 7 CFR 273.10(c)(3); 7 CFR 273.11(a)
He-W 744.03(e) - (i)	RSA 167:80
He-W 746.01	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.10(a)(1) & (e)(2); 7 CFR 274.2(c); 7 USC 2025(b)
He-W 746.01(a)-(d)	7 CFR 273.10; 7 CFR 273.7; Section 849 P.L. 104-193
He-W 746.01(e)	7 CFR 274.2(c)
He-W 746.02	7 CFR 273.10(f)
He-W 746.03	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.15(j)(1)(iv)
He-W 748.01	RSA 161:2, XIII; RSA 161:4-a, IV; 7 CFR 273.7(c)(4) & (d)(4); 7 USC 2015(d)(4)(B)(i) & (d)(4)(I)(i)(I)
He-W 750.01	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.2(h)(3)(i)
He-W 751.01	7 CFR 273.12(a); 7 CFR 273.10(c)(3)
He-W 752.01	7 CFR 273.12(b)-(c)
He-W 756.01	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.1(c); 7 CFR 273.3(a)
He-W 756.02 - Reserved
He-W 756.03	RSA 161:4-a, IV; RSA 167:3-c,I ; 7 CFR 273.1(c); 7 CFR 273.9(d)(6)
He-W 756.04	RSA 161:4-a, IV; RSA 167:4, I(a); 7 CFR 273.11(b)
He-W 756.05	RSA 161:4-a, IV; RSA 641:3; 7 CFR 273.1(b)(1); 7 CFR 273.1(c)
He-W 756.06	RSA 161:4-a, IV; 7 CFR 273.14; 7 CFR 273.26; 7 CFR 273.27; 7 CFR 273.31; 7 CFR 273.32; 7 USC 2020(s)
He-W 756.07	RSA 161:4-a, IV; 42 USC 604(h); 7 CFR 273.8(e)(19); 7 CFR 273.9(c)(8)
He-W 756.08	RSA 161:4-a, IV; 7 CFR 273.24(d)
He-W 758.01	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.9(d)(3)(x); 38 CFR 3.3(a)(3)
He-W 766.01	RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.14(e)(2)
He-W 766.01 intro. & (b)	7 CFR 273.14(e)(2)
He-W 766.02	RSA 161:4-a, IV; RSA 167:3-c, I; RSA 167:4; 7 CFR 273.2; 7 CFR 273.14

APPENDIX B

Pursuant to He-W 742.02 (l), the SUA amounts listed below are the annual updates effective October 1, 2023 and will continue in effect through September 30, 2024.

SUA	Monthly Dollar Allowance
Heat SUA	$956
Utilities only SUA	$350
Electric only SUA	$204
Internet only SUA	$50
Telephone only SUA	$37

RSA 161:4-a, IV; RSA 161:2, XIII

He-W 701.03

RSA 161:4-a, IV; RSA 161:2, XIII

He-W 701.04 - Reserved

He-W 701.07 - Reserved

He-W 701.10 - Reserved

He-W 702.01

He-W 704.04

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

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

He-W 708.01

RSA 161:4-a,IV; RSA 167:3-c,I; 7 CFR 273.16; 7 CFR 273.17; 7 CFR 273.18

He-W 708.01 (a)-(f)

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

He-W 709.02

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

He-W 709.03

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

He-W 722.01

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

He-W 732 - Reserved

He-W 733 - Reserved

He-W 734.02

RSA 161:2, XIII; RSA 161:4-a, IV; 7 CFR 273.11(n)(1); 7 CFR 273.11(s);

7 CFR 273.26(d)(ix); 7 CFR 273.2(f)(5)

He-W 734.03

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

He-W 734.04

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

He-W 741

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

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

He-W 742.01

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

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

He-W 742.02(f) & (g)

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

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

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

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

He-W 744.01

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

He-W 744.02

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

He-W 744.02 intro. & (a)

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

He-W 744.03

RSA 161:4-a, IV; RSA 167:80; 7 CFR 273.9; 7 CFR 273.10(c); 7 CFR 273.11(a)

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

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

He-W 744.03(e) - (i)

RSA 167:80

He-W 746.01

RSA 161:4-a, IV; RSA 167:3-c, I; 7 CFR 273.10(a)(1) & (e)(2);

7 CFR 274.2(c); 7 USC 2025(b)

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

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

He-W 756.02 - Reserved

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

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

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