SR 17-04 Dated 01/17

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION – Division of Family Assistance (DFA)

SUMMARY

This SR releases an update to policy regarding individuals receiving U.S. Department of Veterans Affairs (VA) disability compensation and exemption from the Able Bodied Adult Without Dependents (ABAWD) work requirements. Although the VA uses a percentage disability rating when calculating and assigning disability benefits, this percentage cannot be used in determining exemption from the ABAWD work requirements. Receipt of VA disability compensation, regardless of the percentage assigned, is sufficient proof that an individual is exempt from the ABAWD work requirements and therefore not subject to the 3-month cap for receiving Food Stamp benefits if not in compliance with the work requirements.

POLICY

In addition to the existing Able Bodied Adult without Dependents (ABAWD) work requirement exemptions, ABAWDs receiving U.S. Department of Veteran Affairs (VA) disability compensation, regardless of the percentage disability rating assigned by the VA, are exempt from the ABAWD work requirements and are therefore also exempt from the 3-month cap for receipt of Food Stamp benefits if not in compliance with these requirements.

Although the VA uses a percentage disability rating to determine the severity of an individual’s disability when calculating and issuing disability benefits, the U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) has released a clarification stating that receipt of VA disability compensation, regardless of the percentage rating, is sufficient verification for exemption from the ABAWD work requirements. Pursuant to 7 CFR §273.24(c)(2)(i), the ABAWD time limit does not apply to individuals who receive temporary or permanent disability benefits issued by governmental or private sources, as they are considered mentally or physically unfit for employment. This includes receipt of VA disability compensation. There is no additional requirement that the individual must receive a 100 percent disability rating in order to be exempt from the ABAWD work requirements.

NEW HEIGHTS & NH EASY SYSTEMS PROCEDURES AND IMPLEMENTATION

There are no system changes associated with this release. Family Services Specialists (FSS) are currently able to enter an individual as disabled in New HEIGHTS for ABAWD exemption purposes. No differentiation is made or needed between individuals receiving VA disability compensation and individuals who satisfy other exemption requirements.

POLICY MANUAL REVISIONS

Revised Food Stamp Manual Topics

Section 229.03                    Definition of Disabled

Section 245.03                    Criteria for Exemption from ABAWD Work Participation

Section 245.15                    Verification Requirements

PART 809                            EXEMPTIONS FROM FOOD STAMP PROGRAM (FSP) WORK REQUIREMENTS

IMPLEMENTATION

The policy released in this SR will be effective January 1, 2017. The new pages in the FSM containing the revised policy described in this SR will be available January 3, 2017.

CLIENT NOTIFICATION

No special client notification is planned or required, as the information contained in this SR is for agency staff use only.

TRAINING

No training is planned or needed.

DISPOSITION

This SR may be destroyed or deleted after its contents have been noted and the revised manual topics released by this SR have been posted to the On-line manuals.

DISTRIBUTION

This SR will be distributed according to the electronic distribution list for DFA policy releases. This SR, and revised On-Line Manuals, will be available for agency staff in the On-Line Manual Library, and for public access on the Internet at www.dhhs.nh.gov/DFA/publications.htm, effective Tuesday, January 3, 2017. Additionally, this SR, and printed pages with posting instructions, will be distributed under separate cover to all internal hard copy holders of the Food Stamp manual.

DFA/AD:s