Non-Financial Eligibility Requirements

(b) Each child for whom child care scholarship is requested shall be:

(1) A resident of the state of New Hampshire, except for children of migrant workers who are experiencing homelessness because they are living in circumstances as described in He-C 6910.03(h);

(2) A US citizen or a non-citizen who meets the criteria for non-citizenship as described in He-C 6910.09(c)(2);

(3) Less than 13 years of age, except when the child meets the criteria described in (e) below; and

(4) Linked to only one enrolled provider.

(c) A child who turns 13 years of age during the assistance group’s eligibility period shall remain eligible until the assistance group’s next redetermination, at which time eligibility for the child shall end.

(d) A child who is 12 years of age at the time of application, but who turns 13 years of age prior to the eligibility period start date, as described in He-C 6910.10(f), shall not be eligible for child care scholarship.

(e) A child age 13 or older shall not be eligible for child care scholarship, except when the child is experiencing a verified disability or significant special need as defined in He-C 6910.03(g) and verified in accordance with He-C 6910.09(j)(3).

(f) Each applicant parent requesting child care scholarship shall be engaged in one or more of the following:

(1) Employment where an applicant parent is receiving any form of earned income or in-kind compensation for their work;

(2) Job search where an applicant parent is:

a. In compliance with NHEP, pursuant to He-W 637.05;

b. Registered with the New Hampshire department of employment security job match system;

c. In compliance with New Hampshire’s requirements for receipt of unemployment compensation benefits; or

d. Actively seeking employment independently, as documented by the applicant parent on BCDHSC Form 2693 “New Hampshire Child Care Scholarship Program Job Search Activity Verification Form,” (October 2023), pursuant to He-C 6910.09(q)(4).

(3) A training or educational program which is preparatory to employment, including an online training or educational program, subject to the limitations found in He-C 6910.13(d);

(4) A basic educational activity, as described in He-C 6910.13(f);

(5) One or more approved NHEP activities indicated on an NHEP employability plan, as described in He-W 637; or

(6) A mental health treatment program, a substance misuse treatment program, or both, as a recipient of NHEP or FAP financial assistance, pursuant to RSA 167:83, II(q).

(g) The job search in (f)(2) above, shall be authorized for up to 92 calendar days. If job search is the only activity the parent engages in prior to the end of the 92 calendar days, child care scholarship eligibility shall terminate after the 92 nd day.

(h) Additional hours towards the family’s service level shall be available to parents participating in an approved employment-related activity and seeking housing, who are without permanent housing as defined in section 725(2) of the McKinney-Vento Homeless Assistance Act of 1987, as reauthorized in 2015, subject to the verification requirements of He-C 6910.09(w).

(i) To be eligible for child care scholarship when both parents reside with the child, the following shall apply:

(1) Both parents shall comply with (f) above; or

(2) One parent shall comply with (f) above and the other shall qualify as a parent with a disability in accordance with He-C 6910.09(k).

(j) Two adults residing in the same household, regardless of marital status, who share a common child, shall be counted as one assistance group, along with all other children who have a biological, foster, step, or adoptive relationship with each other and either adult.

(k) When an individual is a license-exempt in-home child care provider as defined in He-C 6917.03(k), the individual’s own child shall not be eligible for child care scholarship if:

(1) The individual cares for their own child; or

(2) The individual’s child is cared for by another license-exempt in-home child care provider as defined in He-C 6917.03(k).

(l) An individual who is a license-exempt in-home child care provider as defined in He-C 6917.03(k) shall be eligible to receive child care scholarship for the care of the individual’s own child if the child attends any of the following types of child care programs:

(1) A licensed family day care home, as defined in RSA 170-E:2, IV(a);

(2) A licensed family group day care home, as defined in RSA 170-E:2, IV(b);

(3) A licensed group child day care center, as defined in RSA 170-E:2, IV(c); or

(4) A license-exempt facility-based program, as defined in He-C 6916.03(j), unless the child is under 6 years of age, pursuant to RSA 170-E:2, XI-a.

(m) A child’s authorized service level shall be based on the number of hours per week child care is needed as determined by:

(1) The number of hours per week the parent is engaged in an approved employment-related activity; and

(2) The number of hours of commute time per week, equal to no more than one hour per day multiplied by the number of days per week that the parent is engaged in an employment-related activity.

(n) For employed parents, the numbers of hours per week shall be calculated by taking the highest amount of hours worked during any week for which the department averaged the parent’s income, pursuant to He-C 6910.06(h)(1), and rounding up to the next whole number.

(o) For self-employed parents, the authorized service level shall be based on the number of hours per week child care is needed as determined by:

(1) The number of hours the parent reports for self-employment when the parent has been continuously self-employed for less than 2 years; or

(2) Calculating self-employment hours when the individual has been continuously self-employed for 2 years or more, as follows:

a. Dividing the monthly income as described in He-C 6910.06(d) by 4.33 weeks to establish weekly income, dividing this weekly income by the federal minimum wage, and rounding up to the next whole number in order to establish the average number of hours of self-employment per week; and

b. The number of hours of commute time per week equal to one hour per day multiplied by the number of days per week that the parent is participating in self-employment.

(p) The authorized service level shall be based on the calculation in (m), (n), and (o) above and applied as follows:

(1) For full-time authorized service level, the number of hours shall be greater than 30 hours;

(2) For half-time authorized service level, the number of hours shall be greater than 15 and less than or equal to 30; or

(3) For part-time authorized service level, the number of hours shall be between one and less than or equal to 15 hours.

(q) For 2-parent households eligible to receive child care scholarship, the authorized service level shall be calculated based upon the lowest number of hours that either parent participates in an approved employment–related activity, as described in He-C 6910.07(f).

(r) Child care scholarship shall not be paid for a child under 6 years of age, when cared for in a license-exempt child care center program, pursuant to RSA 170-E:2, XI-a.

(s) A legal guardian or caretaker relative and the legal guardian or caretaker relative’s spouse shall be required to be engaged in at least one activity described in (f)(1)-(6) above, or one individual shall comply with (f) above and the other individual shall qualify as a parent with a disability, in accordance with He-C 6910.09(k).

(t) An individual registered with a temporary employment agency shall be considered employed so long as the individual earns one payment within 10 calendar days of an employment assignment.

Source. #7357, eff 9-1-00; ss and moved by #7723, eff 7-1-02 (from He-C 6910.05); amd by #8377, eff 6-21-05 ; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; amd by #9665, EMERGENCY RULE, eff 3-1-10, EXPIRES: 8-28-10; ss by #9770-A, eff 8-25-10; ss by #10120, eff 5-7-12; amd by #10565, eff 4-4-14; ss by #10917, eff 9-1-15; ss by # 12221, eff 7-10-17 (from He-C 6910.06); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24