New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 167:80 (2026)
Eligibility; Income
✓ current as of May 2026
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167:80 Eligibility; Income. –
I. Eligibility for assistance shall be based in part on the available countable earned and unearned income of the persons in the assistance group.
II. The department shall establish income limits for applicant and participant assistance groups by rules adopted pursuant to RSA 541-A.
III. All forms of earned and unearned income shall be counted unless specifically excluded pursuant to paragraph IV.
IV. The following types of income shall be excluded when determining eligibility for assistance:
(a) Advance earned income tax credit.
(b) Earned income from dependent children who are full-time students in primary or secondary school or equivalent.
(c) Payment in kind.
(d) Vendor payments.
(e) Interest and dividends from countable resources.
(f) Educational scholarships, grants, and loans.
(g) Any income that is not legally available to the assistance group.
(h) Federal, state, and local means-tested assistance other than means-tested assistance that is defined as included by the department by rules adopted pursuant to RSA 541-A.
(i) Any other type of income excluded by the department by rules adopted pursuant to RSA 541-A as necessary to promote the purpose and goals of this subdivision.
V. The treatment of non-recurring lump sum payments relative to eligibility shall be determined by rules adopted pursuant to RSA 541-A.
I. Eligibility for assistance shall be based in part on the available countable earned and unearned income of the persons in the assistance group.
II. The department shall establish income limits for applicant and participant assistance groups by rules adopted pursuant to RSA 541-A.
III. All forms of earned and unearned income shall be counted unless specifically excluded pursuant to paragraph IV.
IV. The following types of income shall be excluded when determining eligibility for assistance:
(a) Advance earned income tax credit.
(b) Earned income from dependent children who are full-time students in primary or secondary school or equivalent.
(c) Payment in kind.
(d) Vendor payments.
(e) Interest and dividends from countable resources.
(f) Educational scholarships, grants, and loans.
(g) Any income that is not legally available to the assistance group.
(h) Federal, state, and local means-tested assistance other than means-tested assistance that is defined as included by the department by rules adopted pursuant to RSA 541-A.
(i) Any other type of income excluded by the department by rules adopted pursuant to RSA 541-A as necessary to promote the purpose and goals of this subdivision.
V. The treatment of non-recurring lump sum payments relative to eligibility shall be determined by rules adopted pursuant to RSA 541-A.
Source. 1995, 310:62. 1996, 170:2, eff. Aug. 2, 1996.
Notes of Decisions
Cited in 1
case, 2016–2016 · leading case: Carrie Hendrick & a. v. New Hampshire Dep't of Health & Human Servs., 145 A.3d 1055 (N.H. 2016).
Carrie Hendrick & a. v. New Hampshire Dep't of Health & Human Servs., 145 A.3d 1055 (N.H. 2016). “” RSA 167:80, I (2014). DHHS is required to include “[a]ll forms of earned and unearned income” of any member of the assistance group, unless that type of income is specifically excluded by statute.”
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