1. (a) To be financially eligible for child care scholarship, a family shall meet at least one of the requirements set forth in (1)–(4) below:

   1. (1) Be receiving TANF financial assistance from DHHS, whether participating in NHEP in accordance with He-W 637.03, or exempt from participation in NHEP in accordance with He-W 637.04;
   2. (2) Be receiving TANF-related medical assistance as described in RSA 167:82, VI;
   3. (3) Be participating in NHEP and have applied for, but not yet been approved for, TANF financial assistance; or
   4. (4) Meet the gross income limit described in (b) below.
2. (b) Families shall be determined income eligible for child care scholarship at application if their monthly gross income for the appropriate family size does not exceed 85% of SMI as calculated annually by the United States Census Bureau.

3. (c) All sources of gross income shall be counted when determining financial eligibility and family cost share for child care scholarship, except those specified below:

   1. (1) The income of any grandparent, when 3 generations are living in one household;
   2. (2) Child foster care payments;
   3. (3) Adoption subsidies;
   4. (4) Any educational assistance, student loans, or scholarships used to cover educational expenses, such as tuition and mandatory fees, books, and school-related travel;
   5. (5) The income of a caretaker relative or a legal guardian and the legal guardian’s spouse, unless the caretaker relative or legal guardian is also applying for child care assistance for the legal guardian’s own child, in which case the legal guardian’s income and the income of the legal guardian’s spouse shall count in the determination of eligibility for all of the children;
   6. (6) Money received from AmeriCorps Volunteers in Service to America (VISTA);
   7. (7) Earned income from a dependent child, as defined in He-W 601.03, who is a full-time student attending primary or secondary school, or equivalent, pursuant to RSA 167:80, IV(b);
   8. (8) Supplemental Security Income (SSI), when the recipient of the SSI benefit is a dependent child, as defined in He-W 601.03; and
   9. (9) TANF financial assistance payments.
4. (d) For self-employment, countable income to determine eligibility shall be the net monthly income from the business activities, after deducting any incurred business expenses allowable by the US Internal Revenue Service (IRS).
5. (e) Monthly gross income shall be determined in accordance with He-W 744.01, or in accordance with He-W 744.03 for fluctuating income.
6. (f) Resources, as defined in He-W 601.07, including both personal and real property, shall not be counted when determining financial eligibility and family cost share for child care scholarship, unless the total countable resources exceed one million dollars in assets.

7. (g) Fluctuating income shall be identified and calculated as:

   1. (1) Earned income that is averaged when it varies from month-to-month, such as when an individual works varying hours, overtime, or on a piece-work basis;
   2. (2) Unearned income that is averaged when it varies from month-to-month, such as child support, alimony, disability payments, or other sources of unearned income due to changes in the frequency or amount of receipt; or

   3. (3) Earned income that is annualized when:

      1. a. The parent indicates that the current income does not reflect the total assistance group’s income for the next 12-month period;
      2. b. The assistance group’s income varies from season to season, such as when an individual works different employment in the winter months than to the summer months; or
      3. c. The parent is self-employed.

8. (h) Countable income, pursuant to He-C 6910.06(d), shall be determined at the initial application and converted to a monthly amount by:

   1. (1) Averaging income using 4 current consecutive weeks, pursuant to He-W 744.03(e);
   2. (2) Annualizing the earned income of the previous 12-month period when such income represents a best estimate of future income; or
   3. (3) Annualizing the projected earnings of the applicant for the next 12-month period as verified according to He-C 6910.09(g).
9. (i) Income that is annualized at initial application shall determine the family cap amount and shall not be recalculated during the 12-month eligibility period, except when the recipient verifies a permanent job loss.

Source. #7357, eff 9-1-00; ss and moved by #7723, eff 7-1-02 (from He-C 6910.04); amd by #7939, eff 8-23-03; amd by #8377, eff 6-21-05; (See Revision Note at part heading for He-C 6910) #9474, eff 6-29-09; ss by #10120, eff 5-7-12; amd by #10917, eff 9-1-15; ss by #12221, eff 7-10-17 (from He-C 6910.05); ss by #13063, eff 7-1-20; ss by #13309, ff 12-17-21; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24