N.H. Code Admin. R. He-C 6910.10
Eligibility Determination and Length of Time
Effective Apr 30, 2024#7357, eff 9-1-00; amd by #7484, eff 4-28-01; ss and moved by #7723, eff 7-1-02 (from He-C 6910.08); amd by #8377, eff 6-21-05; ss by #9209, INTERIM, eff 7-19-08, EXPIRED: 1-15-09 New. #9363, eff 1-17-09; (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 6910.09); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24Commissioner, Department of Health and Human Services
- (a) When an application has been made in accordance with He-C 6910.04, and all required verification has been submitted, as described in He-C 6910.09, the DO staff shall make a determination of eligibility for child care scholarship.
- (b) If at the time of the initial application interview all required verification has not been received by the DO, the DO staff shall notify the applicant of all outstanding verification.
- (c) The notification in (b) above shall state that the applicant shall submit the required verification to the DO staff within 10 calendar days of the date of the notification, or the application shall be denied.
(d) An eligibility determination for child care scholarship shall be made:
- (1) Within 30 calendar days of the date the application is received by the DO; or
- (2) Within 7 calendar days of the date the application is received by the DO for expedited child care, as described in He-C 6910.05.
(e) Eligibility for expedited child care scholarship shall:
- (1) Be applied toward the 12-month eligibility period if the applicant provides all required verification and is determined eligible within the 30-day application timeframe; or
- (2) Terminate 30 calendar days after the application date if the applicant fails to provide all required verification within the 30-day application timeframe.
(f) The application date or the child care provider link date on Form 1863 “Child Care Provider Verification” (October 2023), whichever is later, shall be used to determine the:
- (1) Effective date of the 12-month eligibility period; and
- (2) Effective date of payment for child care scholarship.
(g) Non-financial eligibility for child care scholarship shall be determined by the DO as follows:
(1) Determine the composition of the assistance group, which shall include all of the following individuals residing in the same dwelling:
- a. All children under 18 years of age who have a biological, foster, step, or adoptive relationship;
- b. All individuals under 20 years of age who have a biological, foster, step, or adoptive relationship who are attending primary or secondary school or equivalent, pursuant to RSA 167:80, IV(b); and
- c. Any adult who has a biological, foster, step, adoptive, caretaker relative, or legal guardianship relationship to any child in a. above;
(2) Determine that the applicant is either:
- a. Engaged in one of the activities listed in He-C 6910.07(f); or
- b. Meets the criteria for a parent with a disability as described in He-C 6910.09(k);
- (3) Determine that both parents are engaged in at least one of the activities described in He-C 6910.07(f), if living together and are in the same assistance group; and
- (4) Determine that the parent is eligible under He-C 6910.08, if the applicant parent is an NHEP participant.
(h) Financial eligibility for child care scholarship shall be determined by the DO, pursuant to He-C 6910.06(a) as follows:
- (1) Determine the family size, which shall be the same number as members in the assistance group;
(2) Calculate the monthly gross income of the assistance group by adding together all assistance group members’ monthly gross earned and unearned income, except for:
- a. Income specifically excluded in He-C 6910.06(c); and
- b. Self-employment income, which shall be added as net income, as described in He-C 6910.06(d); and
(3) Compare the amount obtained in (2) above, using the appropriate family size as determined in (1) above, to the monthly gross income amount described in He-C 6910.06(b) as follows:
- a. If the assistance group’s total monthly gross income does not exceed the monthly gross income amount described in He-C 6910.06(b), then the family shall be determined financially eligible for child care scholarship; or
- b. If the assistance group’s total monthly gross income does exceed the monthly gross income amount described in He-C 6910.06(b) for the appropriate family size, the family shall be determined not financially eligible for child care scholarship and the application shall be denied.
- (i) If the assistance group meets the non-financial and financial requirements described in (g) and (h) above and in He-C 6910.06 and He-C 6910.07, the application shall be approved and the family shall be eligible for child care scholarship.
- (j) Notification shall be provided to the applicant as described in He-C 6910.12 as soon as an eligibility child care determination is made, but no later than 30 days from the date the application was received by the DO.
- (k) Notification shall be provided to the applicant as described in He-C 6910.12 as soon as an expedited child care eligibility determination is made, but no later than 7 days from the date the application was received by the DO.
- (l) The eligibility period for child care scholarship shall not exceed 12 months.
- (m) A parent shall receive up to 92 calendar days of continued assistance when a parent experiences a permanent job loss, cessation of a training or educational program, or stops participating in a mental health or substance misuse treatment program. If the parent does not engage in one of the activities in He-C 6910.07(f)(1), (3)-(6) child care scholarship eligibility shall terminate at the end of 92 calendar days.
(n) A parent shall be considered employed, in a training or educational program, or participating in a mental health or substance misuse treatment program during the current 12-month eligibility period as long as the parent is:
- (1) On a time-limited absence from work due to reasons such as an illness or the need to care for a family member;
- (2) Experiencing a seasonal break in employment according to regular industry work seasons;
- (3) On a student holiday or break from a training or educational activity;
- (4) Experiencing any other reduction in work, training or education hours as long as the parent is still working or attending a training or educational program; or
- (5) Any other temporary absence that does not exceed 3 months.
(o) A child shall be excluded from the payment for child care scholarship if payment was not made on the child’s behalf for child care services rendered in the previous 60 days or if the child does not meet one of the following:
- (1) The citizenship criteria of He-C 6910.07(b)(2);
- (2) The age criteria of He-C 6910.07(b)(3) and He-C 6910.07(c); or
- (3) A verified disability or significant special need criteria of He-C 6910.07(e).
- (p) The family shall have 30 days from the date the application is received by the DO to arrange for child care with an enrolled child care provider and complete and return Form 1863 “Child Care Provider Verification,” (October 2023) pursuant to He-C 6914.
(q) If the family fails to comply with (p) above, the child care application shall be denied, except when DHHS has authorized a one-time 30-day extension for one of the following circumstances:
- (1) The family is unable to find child care within 30 days with assistance from a child care resource and referral agency;
- (2) The parent or child has an in-patient hospital stay during the 30-day period;
- (3) The information or data contained in Form 1863 “Child Care Provider Verification” (October 2023) was incorrect or no data has been entered by DHHS establishing a child care link;
- (4) There was an error made by the DO in determining child care eligibility; or
- (5) The family’s chosen child care provider has completed the enrollment requirements in accordance with He-C 6914.04 within 30 days, but the provider enrollment determination has not been made according to He-C 6914.04.
- (r) Prior to the end of the eligibility period, the family shall request a redetermination of eligibility in accordance with He-C 6910.15 in order to continue to receive child care scholarship.
- (s) If the parent is no longer participating in any combination of the employment-related activities listed in He-C 6910.07(f)(1),(3)-(6), the parent shall be granted continued assistance for up to 92 calendar days. Child care eligibility shall terminate at the end of 92 calendar days if the parent does not reengage in one of the employment-related activities listed in He-C 6910.07(f)(1),(3)-(6).
- (t) Continued assistance shall be granted when the parent reports the termination of employment, including self-employment, a training or educational program, or a mental health or substance misuse treatment program.
- (u) Continued assistance shall not be granted when job search is terminated.
Source. #7357, eff 9-1-00; amd by #7484, eff 4-28-01; ss and moved by #7723, eff 7-1-02 (from He-C 6910.08); amd by #8377, eff 6-21-05; ss by #9209, INTERIM, eff 7-19-08, EXPIRED: 1-15-09 New. #9363, eff 1-17-09; (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 6910.09); ss by #13063, eff 7-1-20; ss by #13799, eff 10-28-23; ss by #13951, eff 4-30-24