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State of New Hampshire

TANF State Plan

20 New Hampshire State Plan Effective October 2023 • Native Americans: Native Americans who are members of an Indian tribe as defined in section 4(e) of the Indian Self-determination and Education Assistance Act [25 USC 450(e)] or were born in Canada and are covered under the provisions of section 289 of the Immigration and Nationality Act (8 USC 1359) are eligible for medical assistance, regardless of qualified alien status. Canadian- born Indians must have at least 50% American Indian blood.

The following qualified aliens are eligible without restrictions: • Noncitizens in military service. • Refugees, from date of entry into the U.S. with such status. • Asylees, from date of INS action to grant asylum. • Cuban/Haitian Immigrants from date of entry into the U.S. with such status. • Amerasian Immigrants. • Noncitizens whose deportation is being withheld, from the date of INS action to withhold deportation. • Iraq and Afghanistan special immigrants according to section 1059 of the National Defense Authorization Act. • Ukrainian Humanitarian Parolees, under section 401 of the Additional Ukraine Supplemental Appropriations Act, 2022 (Public Law 117-128).

All other qualified aliens are eligible only if they resided in the United States prior to August 22, 1996, or have resided in the United States lawfully for five years from their date of entry when such entry took place after August 22, 1996.

Section 402(a)(1)(B)(iii) of the Act: The document shall set forth objective criteria for the delivery of benefits and the determination of eligibility and for fair and equitable treatment, including an explanation of how the State will provide opportunities for recipients who have been adversely affected to be heard in a State administrative or appeal process.

Except for the TANF provisions, which supersede State provisions, DHHS will continue to use the objective criteria described in the Family Assistance Manual to determine eligibility. The eligibility criteria is equitable throughout the State. Individuals have a right to an administrative hearing, as outlined in Section 143 of the Family Assistance Manual. The following steps are to be taken:

1. Explain the basis for the decision and the applicable policy requirements. 2. Provide the individual an opportunity to have a conference with the supervisor. 3. Provide the individual an opportunity to request an administrative appeal. 4. Notify the individual that if requested within 15 days from the date on the notice of the action being appealed, a recipient’s benefits may, under certain circumstances, be continued or reinstated at the previous level until the decision on the appeal is reached, and that the individual has a right to bring someone with them to the appeal, like a friend, relative, or lawyer, or they can come alone. DHHS will not pay for any legal services the individual wants, but there is free and reduced cost legal services available in NH.

Section 101 of the Family Assistance Manual outlines individual rights and responsibilities. At every application, redetermination and when requested, individuals and their authorized representatives are advised of their rights and responsibilities. Those are as follows: