Section 167:7 Amount of Assistance.


   I. The commissioner of health and human services may establish consolidated standards of need for the adult programs he administers, subject to appropriated funds and federal regulations.
   I-a. (a) The commissioner of health and human services may establish different standards of need in the adult programs he administers for residents of residential care facilities and community living homes, subject to appropriated funds and federal regulations. Standards of need may differ between the 2 types of homes and with respect to the level of services and care required by and provided to the recipient. The standards shall be rational and reasonably cost related.
   (b) If the standard of need for residential care facilities is increased pursuant to the annual review required under RSA 167:3-c, II-b, an amount equal to such increase shall be added to the standard of need established for residents of enhanced family care facilities.
   II. The commissioner of health and human services shall establish for the aid to families with dependent children consolidated standards of need, or consolidated standards of need except for shelter, which may be separate from the payment standards and which shall be annually revised to accurately reflect the current cost of the basic necessities of living compatible with decency and health as determined by reliable market data. The commissioner may further establish consolidated standards of payment, or consolidated standards of payment except for shelter, subject to appropriated funds and applicable federal regulations.
   III. The commissioner of health and human services shall determine the level of benefits in both programs so that recipients shall be allowed to subsist compatibly with decency and health, subject to the amount of appropriated funds and applicable federal regulations.
   IV. In determination of the amount of payments or other assistance under RSA 167 or RSA 161, due regard shall be given to the income and resources of applicants.
   V. Subject to applicable federal regulations, the commissioner may establish criteria to operate a special needs program, or to operate an emergency assistance program only for aid to families with dependent children, subject to the amount of available funds in the budget of the department of health and human services.
   VI. Persons who are aid to families with dependent children financial assistance recipients and are participating in an associate's degree or bachelor's degree training program or course of study shall be eligible for up to 2 years of child day care service payments, provided that the program or course of study is necessary to meet individual goals that are directly related to obtaining useful employment in a recognized occupation, and further provided that such child day care service payments shall be subject to the requirements of federal law.

Source. 1937, 202:13. RL 126:13. RSA 167:7. 1974, 48:2. 1977, 207:1. 1981, 568:48, I. 1983, 291:1. 1985, 394:3. 1986, 183:9. 1988, 289:2. 1992, 10:2; 111:2; 167:1. 1993, 358:61; 358:63. 1995, 308:15; 310:179, 180, 183, eff. Nov. 1, 1995.