§ A400-9. Determination of eligibility and amount.

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.

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.