Revision: March 22, 2017, 12:05 p.m.
SB 7-FN-LOCAL - AS INTRODUCED
2017 SESSION
17-0920
05/10
SENATE BILL 7-FN-LOCAL
AN ACT relative to eligibility for food stamps.
SPONSORS: Sen. Avard, Dist 12; Sen. Bradley, Dist 3; Sen. Morse, Dist 22; Sen. Birdsell, Dist 19; Sen. Giuda, Dist 2; Sen. Reagan, Dist 17; Rep. Kotowski, Merr. 24; Rep. LeBrun, Hills. 32; Rep. Jasper, Hills. 37; Rep. K. Rice, Hills. 37
COMMITTEE: Health and Human Services
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I. Provides that the department of health and human services shall not seek, accept, or renew a waiver of the federal work requirements for food stamp eligibility.
II. Requires the department to use the federal resource limits for food stamp eligibility.
III. Requires the department to use federal income limits for food stamp eligibility rather than categorical eligibility standard.
IV. Requires individuals to cooperate with the division of child support services as a condition of eligibility for food stamps.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0920
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to eligibility for food stamps.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Food Stamp Program. Amend RSA 161 by inserting after section 10 the following new section:
161:10-a Food Stamp Program; Program Eligibility and Administration.
I. The department of health and human services shall not seek, apply for, accept, or renew any waiver of requirements established under 7 U.S.C. section 2015(o).
II. In no case shall the resource limit standards of the food stamp program exceed the standards specified in 7 U.S.C. section 2014(g)(1), unless expressly required by federal law. In no case shall categorical eligibility exempting households from these resource limits be granted for any non-cash, in-kind or other benefit, unless expressly required by federal law.
III. The department of health and human services shall not apply gross income standards for food assistance higher than the standards specified in 7 U.S.C. section 2014(c) unless expressly required by federal law. In no case shall categorical eligibility exempting households from this income standard be granted for any non-cash, in-kind or other benefit, unless expressly required by federal law.
IV. The department of health and human services shall require individuals to cooperate with the division of child support services as a condition of eligibility, pursuant to 7 C.F.R. section 273.11(o) and 7 C.F.R. section 273.11(p).
2 Effective Date. This act shall take effect 60 days after its passage.
17-0920
Revised 2/21/17
SB 7-FN-LOCAL- FISCAL NOTE
AS INTRODUCED
AN ACT relative to eligibility for food stamps.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill would prohibit the Department of Health and Human Services (DHHS) from seeking, accepting, or renewing a waiver of the federal work requirements for eligibility in the Food Stamp program. It would also require: the DHHS to use the federal resource limits for eligibility, without exception, unless required by federal law; require the DHHS to use federal income limits for Food Stamp eligibility and eliminate the categorical eligibility standard; and require individuals to cooperate with the Division of Child Support as a condition of eligibility for Food Stamps.
Waivers of Federal Work Requirements.
The DHHS has an approved waiver related to the federal work requirement which applies to 14 towns identified by the U.S. Census Bureau as having high unemployment and few employment opportunities. The waiver is approved from October 1, 2016 through September 30, 2017. In November 2016, the Food Stamp caseload was 46,691 with 147 cases in the aforementioned towns. There were 38 ABAWD households in these locations that were exempt from work participation. Under this bill the work requirement waiver would not be extended and the ABAWD households identified would need to comply with the time limits as of October 1, 2017. Failure to comply would result in the individual being excluded from the Food Stamp household.
Use of Federal Resource Limits for Food Stamp Eligibility.
DHHS uses the federally mandated resource limit of $3,250 for households of any size which include a disabled member or a member age 60 or older, and limit of $2,250 for all other households. Categorical eligibility is federally mandated for households with members who are recipients of one of the following programs: Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), Old Age Assistance (OAA), Aid to the Needy Blind (ANB) or Aid to the Permanently and Totally Disabled (APTD). Expanded categorical eligibility is an option which exempts certain households from a resource test. These households that have a dependent child living in the house, at least one member of the household who is a relative of the child, and the gross household income no higher than 185% of the federal poverty level (FPL). In December 2016, there were 17,089 Food Stamp households coded as expanded categorically eligible representing 37% of the caseload in the Food Stamp program. The Department is not able to determine the number of cases that would be impacted if expended categorical eligibility was eliminated, but assumes the number of household impacted would be low because those with incomes no higher than 185% of FPL would not likely have resources exceeding the federal limit.
Use of Federal Income Limits instead of the Categorical Eligibility Standard.
Categorical eligibility is federally mandated and exempts certain households from a gross income test including: households with members who are recipients of SSI, TANF, OAA, ANB or APTD. Expanded categorical eligibility is an option which increases the gross income limit from 130% of FPL to 185% for households which include a dependent child and a relative of that child. Categorical eligibility waives the gross income test, but benefits are still determined based on total income and expenses. In December 2016, there were 17,089 expanded categorically eligible for the Food Stamp program. The DHHS cannot predict the number of cases that would be impacted if the income limit was reduced to 130% of FPL.
Cooperation with the Division of Child Support Services as a Condition of Eligibility.
The DHHS assumes the requirement would apply to adult household members and minors in the Food Stamp household would not be penalized for non-cooperation. Applicants and recipients for the TANF and Medicaid programs are currently required to cooperate with Child support as a condition of eligibility. In December 2016, there were 2,182 Food Stamp household that were not participants in the TANF and Medicaid programs. The DHHS cannot determine how many of these households are custodial or non-custodial parents, but assumes there would be an increase in child support enforcement cases.
Food Stamp benefits are 100% federally funded, therefore any changes to eligibility for benefits would impact federal funds and not State general funds. The cost to administer the Food Stamp Program is paid 50% with federal funds and 50% with State general funds. There may be additional costs related to the staff time needed to enforce the new requirements associated with child support cooperation. The Department of Information estimates the system updates to automate these changes would cost approximately $250,000 with half of this amount paid from federal funds and half from state funds under Food Stamp administration. Finally, if households lose eligibility for the Food Stamp program, they may turn to local and/or county governments for assistance.
AGENCIES CONTACTED:
Department of Health and Human Services