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State of New Hampshire

TANF State Plan

17 New Hampshire State Plan Effective October 2023 with TANF and TANF maintenance-of-effort funds from being used in any electronic benefit transfer transaction in any liquor store; any casino, gambling or gaming establishment; or any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.

NH passed legislation in June of 2013, effective January 1, 2014, that provided an addition to RSA 167:7 at RSA 167:7-b. RSA 167:7-b prohibits any person receiving public cash assistance from using electronic benefit transfer (EBT) cards or cash obtained with EBT cards for the purpose of purchasing or participating in any activities in any location as listed in the law and above, which includes the three locations identified in P.L.112-96. The law imposes client penalties on cash and EBT use for TANF, Old Age Assistance (OAA), Aid to the Needy Blind (ANB), and Aid to the Permanently and Totally Disabled (APTD) programs as all four programs are administered through the same EBT contractor and cards. The law directs the listed businesses to not (knowingly) accept direct cash assistance funds held on an EBT card or cash obtained with EBT cards using an Automated Teller Machine (ATM) or Point of Sale (POS) device on business premises and provides the authority for DHHS to refer the business sites to their respective regulatory authorities.

NH amended administrative rules to direct the implementation of RSA 167:7-b at He-W 608.01 by removing (a) that required no restrictions and adding He-W 608.02, which provides details of how and when the penalty is applied. It also added definitions regarding which businesses are restricted by the legislation. The rules at 608.02 (d-f) specify the conditions and penalty if the cardholder is not a beneficiary, as in child-only or protective payee cases. Additional language further specifies how DHHS identifies prohibited adult entertainment, liquor stores, and gambling outlets.

DHHS informs clients and businesses about EBT card/cash restrictions and penalties. The communication includes one-time and ongoing strategies to alert clients and applicants, licensing authorities and businesses about restrictions, and strategies to alert and remind new and current applicants and eligible recipients about the proper uses of the EBT card and their cash assistance.

Those eligible and those applying for TANF cash are informed and/or reminded of the restrictions and penalties of using their EBT card during their interview and during their redetermination. This information is located on BFA Form 811R, Your Rights and Responsibilities, and on BFA Form 811S, Statements of Understanding.

Supervisory Release (SR) 14-05 issued on December 11, 2013 (effective January 1, 2014) outlines the policy prohibiting the use of the EBT card, or cash obtained with the EBT card, at the specified sites.

NH ensures that TANF cash assistance recipients can use and access their benefit with minimal or no fees or charges. Recipients have the choice of Electronic Benefit Transfer (EBT), Electronic Fund Transfer (EFT), or vouchers to vendors such as landlords and utilities. NH does not issue checks for TANF cash assistance. If a client requests EFT, but the state cannot transfer the funds, the state will issue an EBT card. The rules governing the issuance of assistance payments are found at He-W 671.01, 671.02, and 671.03. When a client chooses EFT, they retain the ability to control the location, and fees associated with their card use and cash access.

The EBT cards are useable at all POS devices (as cashback) and at all ATM’s that display the Quest logo. NH monitors the availability of the POS and ATM machines that deliver the EBT cash benefit by zip code, ensuring every client in NH has adequate access to a POS or ATM based on the number of cash withdrawals made at each outlet. The EBT Administrator for NH monitors the location and number of ATM’s that accept EBT through quarterly Cash Access Reports that list ATMs by zip code, address, and whether there is a