AID TO ASSISTED PERSONS

RSA tit. XII, ch. 165

in effect

RSA 165:1 Who Entitled; Local Responsibility.

165:1. Who Entitled; Local Responsibility. I. Whenever a person in any town is poor and unable to support themselves, he or she shall be relieved and maintained by the overseers of public welfare of such town in accordance with this chapter. II. The local governing body, as defined in RSA 672:6, of every town and city in the state shall adopt written guidelines relative to general assistance. The guidelines shall include, but not be limited to, the following: (a) The process for application for general assistance. (b) The criteria for determining eligibility, which may require an individual to provide proof of residency prior to being approved for such assistance. If proof of residency is required, acceptable proof shall include the documentation or attestation listed below, unless the welfare official identifies specific, substantiated evidence contradicting the documentation or attestation: (1) A current lease, car registration, utility bill, or any government or court issued document with an address matching the stated physical residency dated within the last 60 days. (2) Attestation on official agency letterhead, which includes the last date of contact, and is signed and dated by an authorized official listed below: (A) The welfare official. (B) A state or local law enforcement or fire official. (C) An emergency medical services provider. (D) A local third party social services provider having an existing service relationship with the applicant. (c) The process for appealing a decision relative to the granting of general assistance. (d) The process for the application of rents under RSA 165:4-b, if the municipality uses the offset provisions of RSA 165:4-a. (e) A statement that qualified state assistance reductions under RSA 167:82, VIII may be deemed as income, if the local governing body has permitted the welfare administrator to treat a qualified state assistance reduction as deemed income under RSA 165:1-e. (f) A statement describing the municipality's policy for referring residency disputes to the inter-municipal hearing process pursuant to RSA 165:2-a when an applicant is believed to be a resident of another New Hampshire municipality or of a jurisdiction outside New Hampshire. III. Non-residents of the town or city who have left their town of origin due to domestic violence, stalking, sexual assault, or human trafficking shall not be disqualified due to residency. IV. (a) Upon adoption by the local governing body, the municipality shall establish financial standards, including allowable amounts for basic allowable costs, in its local welfare guidelines. Such standards shall reflect prevailing local market costs by household size. The municipality shall review such standards annually and adjust if necessary to reflect changes in local market costs. Such standards shall be based on objective cost information that is publicly available or issued by service providers or governmental entities. Allowable amounts for permanent housing shall not be construed to govern temporary emergency housing assistance, which shall be evaluated using local or regional market rates applicable to available temporary emergency housing placements at the time of the emergency. (b) Nothing in this paragraph or RSA 165:1-f shall be construed to prohibit the welfare official from authorizing, on a documented, case-by-case basis, a deviation as necessary to relieve a basic needs emergency or avert a more costly future need for assistance, provided that no less costly available alternative is sufficient. Any such deviation shall not be construed to create an entitlement and shall not be considered precedential. V. Whenever a town provides assistance under this section, no such assistance shall be provided directly to a person or household in the form of cash payments. Source. RS 66:1. CS 70:1. GS 74:1. GL 82:1. PS 84:1. PL 106:1. RL 124:1. RSA 165:1. 1979, 243:1; 351:2. 1985, 380:2. 1986, 5:2. 1991, 355:56. 1992, 184:1. 1996, 175:2, eff. Aug. 2, 1996. 2026, 81:1, eff. July 21, 2026.

RSA 165:1-a Assisted Person Defined; Local Responsibility.

165:1-a. Assisted Person Defined; Local Responsibility. Any person in a town or city who is poor and unable to support himself shall be known as a town or city assisted person, and shall be relieved and maintained at the expense of the town or city of residence. Source. 1977, 336:1. 1985, 380:3, eff. Jan. 1, 1986.

RSA 165:1-b Disqualification for Noncompliance With Guidelines.

165:1-b. Disqualification for Noncompliance With Guidelines. I. Any person otherwise eligible for assistance under this chapter shall become ineligible to receive such assistance if he willfully fails to comply with written guidelines adopted by the governing body of the town or city relating to: (a) Disclosure of income, resources, or other material financial data; (b) Participation in a work program authorized under this chapter; (c) Reasonable work search; or (d) Application with other public assistance agencies. II. No person shall be found ineligible for assistance or suspended from assistance pursuant to paragraph I until he has been given: (a) A written notice stating those specific actions he must take in order to comply; and (b) A 7-day period within which to comply after receiving such notice. III. If a person does not comply within the 7 days, the town or city may issue to the person a written notice that the person is ineligible for assistance or suspended from assistance. The written notice shall include a list of the guidelines with which the person is not in compliance, those actions necessary for compliance, and written notice of the opportunity to request a hearing within 5 days. IV. If such person requests a hearing, the town or city shall give him an opportunity to continue to receive assistance, pending the outcome of the hearing, in accordance with any prior eligibility determination. V. The period of ineligibility or suspension pursuant to this section shall be 7 days; provided, however, that any such suspension within 6 months after the end of any prior suspension period shall be for 14 days; and provided further that if upon the expiration of the 7-day or 14-day disqualification period the person continues to fail to carry out the specific actions set forth in the notice required in paragraph III, the disqualification shall continue until the person complies. VI. The overseers of public welfare shall not be required to accept an application for general assistance from a person who is subject to disqualification or suspension under this section; provided, however, that in the event such disqualification or suspension continues beyond the 7 or 14-day period due to continued noncompliance pursuant to paragraph IV, and there is a dispute over a contention by such person that he has satisfactorily complied with the requirements set forth in the notice required by paragraph III, such person shall be given an opportunity to request a hearing to determine that issue, but paragraph IV shall not apply to such a hearing. Source. 1985, 106:1. 1986, 142:1, eff. Jan. 1, 1987.

RSA 165:1-c Nonresidents.

165:1-c. Nonresidents. I. Any person, poor and unable to support himself, who is temporarily in a town or city which is not his residence, and who does not intend to make it his residence, shall be provided such temporary assistance as is reasonable and necessary by such town or city. Such town or city may, if requested, cause such person to be returned to his residence. II. In addition to emergency housing governed by RSA 126-A:30, a person does not change his or her residency status while in a hospital, a correctional facility, a treatment program center, or a hotel or motel paid for by a municipality or other service provider, except as provided in this section. III. A person who leaves emergency housing of their own free will and remains in a situation of homelessness or is removed from emergency housing for non-compliance or policy violations of emergency housing or local welfare regulations, shall not be considered to have changed his or her residency status for 30 days. IV. A person assisted by a municipality, or other assistance providers, with emergency housing assistance in a hotel or motel in another municipality, who then self pays for a consecutive 30 days without municipal or other provider assistance shall, for local welfare purposes, transition residency to the new municipality. V. Temporary urgent assistance may need to be provided to meet basic needs of transient individuals or residents of other municipalities. Municipalities shall communicate and coordinate assistance options with each other, including reimbursements from municipalities of origin pursuant to RSA 165:2-a. Source. 1985, 380:4, eff. Jan. 1, 1986. 2023, 161:1, eff. Sept. 26, 2023.

RSA 165:1-d Disqualification for Voluntary Termination of Employment.

165:1-d. Disqualification for Voluntary Termination of Employment. I. Any person eligible for assistance under this chapter, who voluntarily terminated employment within the 60-day period before filing an application for assistance, shall be ineligible to receive assistance for 90 days from the date of employment termination, provided the following conditions are met: (a) The person received general assistance within the last 365 days and was given notice that voluntary termination of employment without good cause could lead to disqualification from receiving general assistance in the future. (b) There are no minor or dependent children in the person's household which the person is legally responsible for supporting. (c) At the time of termination of employment, the person did not have a mental or physical impairment which caused such person to be unable to work. (d) The employment that the person voluntarily terminated consisted of at least 20 hours of work per week, and the person has not become reemployed for at least 2 weeks at a level consisting of at least 20 hours of work per week. (e) The person did not have good cause for terminating the employment, as defined in paragraph II. II. Good cause for terminating employment shall include any of the following: (a) Discrimination by an employer based on age, race, sex, physical or mental disability, religion, or national origin. (b) Work demands or conditions that render continued employment unreasonable. (c) Retirement by a person 62 years of age or over or resignation by a person under 62 years of age which is recognized by the employer as retirement. (d) Employment which becomes unsuitable following the applicant's acceptance of such employment. (e) Leaving a job in order to accept a bonafide job offer which, because of circumstances beyond the control of the applicant, subsequently either does not materialize or results in employment of fewer than 20 hours per week or weekly earnings of less than the state or federal hourly minimum wage multiplied by 20 hours. (f) Leaving a job in connection with patterns of employment in which workers frequently move from one employer to another, such as migrant farm labor or construction work, even though employment at the new site has not actually begun. (g) Leaving a job because of circumstances, such as lack of transportation or a household emergency, which are beyond the control of the applicant to remedy as determined by the overseer of public welfare and which make continued employment impracticable. (h) Termination of employment for other good cause. III. The applicant shall be responsible for demonstrating good cause. The welfare officer may offer assistance in obtaining necessary information. IV. An applicant shall be considered to have voluntarily terminated employment if the applicant fails to report for work without good cause, as defined in paragraph II, resulting in the termination of the applicant's employment. An applicant who is fired or resigns from a job at the request of the employer due to the applicant's inability to maintain the employer's normal work productivity standard shall not be considered to have voluntarily terminated employment. V. No person shall be found ineligible for assistance due to a voluntary employment termination unless the applicant has been given a written application for assistance and a written notice stating the reason for the denial of assistance and the specific actions which must be taken in order to reinstate eligibility, along with a written notice of the opportunity to request a hearing within 5 days. VI. Notwithstanding a voluntary termination without good cause, assistance under this chapter may be given if the welfare officer determines that denial of assistance will put that person or members of the person's household at substantial risk of injury to health or other serious harm, which cannot be avoided or mitigated by other public or private resources. VII. The provisions of RSA 165:1-b, II-VI shall not apply to persons found ineligible for assistance because of voluntary termination of employment without good cause. However, if at any time during the disqualification period, there is a dispute whether a person has satisfactorily complied with the requirements set forth in the written notice provided for by paragraph V, the person shall be given an opportunity to request a hearing to determine that issue only. Source. 1995, 221:1, eff. Aug. 11, 1995.

RSA 165:1-e Option to Treat a Qualified State Assistance Reduction as Deemed Income.

165:1-e. Option to Treat a Qualified State Assistance Reduction as Deemed Income. The local governing body of a town or city may permit the welfare administrator to deem as income all or any portion of any qualified state assistance reduction pursuant to RSA 167:82, VIII. The following criteria shall apply to any action to deem income under this section: I. The authority to deem income under this section shall terminate when the qualified state assistance reduction no longer is in effect. II. Applicants for general assistance may be required to cooperate in obtaining information from the department of health and human services as to the existence and amount of any qualified state assistance reduction. No applicant for general assistance may be considered to be subject to a qualified state assistance reduction unless the existence and amount of the reduction has been confirmed by the department of health and human services. III. The welfare administrator shall provide the applicant with a written decision which sets forth the amount of any deemed income used to determine eligibility for general assistance. IV. Whenever necessary to prevent an immediate threat to the health and safety of children in the household, the welfare administrator shall waive that portion, if any, of the qualified state assistance reduction as is necessary. Source. 1996, 175:3, eff. Aug. 2, 1996.

RSA 165:1-f Temporary Emergency Assistance.

165:1-f. Temporary Emergency Assistance. The welfare official shall provide temporary emergency assistance for up to 6 days to individuals, as necessary to relieve a basic needs emergency. Such temporary assistance shall be provided to individuals temporarily in the town or city and for the purpose of obtaining proof of residency, completing an application to the municipality of origin, or coordinating with such municipality. If the municipality initiates the inter-municipal hearing process under RSA 165:2-a to determine residency and financial responsibility, temporary emergency assistance shall be extended until a final decision on residency or responsibility is rendered by the hearing officer pursuant to RSA 165:2-a, III, provided the applicant remains in compliance with the municipality's general assistance guidelines. The provision of temporary emergency assistance under this subdivision shall not, for local welfare purposes, be construed as establishing residency in the municipality where the assistance is rendered. Source. 2026, 81:2, eff. July 21, 2026.

RSA 165:2 Administration of General Assistance.

165:2. Administration of General Assistance. The administrator of town or city welfare in each town or city shall administer general assistance to all persons who are eligible for such assistance as provided under RSA 165:1-a and RSA 165:1-c. Source. 1875, 7:3. GL 269:20. PS 84:7. PL 106:7. RL 124:2. RSA 165:2. 1985, 380:5. 1988, 180:1, eff. June 25, 1988.

RSA 165:2-a Expense of General Assistance.

165:2-a. Expense of General Assistance. I. The financial responsibility for general assistance for assisted persons shall be the responsibility of the town or city in which the person making application has residence for local welfare purposes, as defined in RSA 165:1 and RSA 21:6-a, except as otherwise provided in RSA 165:1-c. II. Whenever any town or city assists a person pursuant to this chapter who is believed to be a resident of another New Hampshire municipality or outside of New Hampshire, the assisting municipality shall: (a) Contact the welfare official for the alleged municipality of residency to seek reimbursement for the costs of relieving and maintaining the applicant; (b) Request the municipality of residency undertake ongoing relief and maintenance of the applicant pursuant to the municipality of residency's welfare guidelines; or (c) Request a hearing to determine the residency of the assisted person. III. Hearings conducted pursuant to subparagraph II(c) shall be conducted by an agreed-upon current or former welfare official of a third municipality, with the consent of such welfare official, or an attorney familiar with this chapter. The hearing shall be conducted according to the fair hearing provisions described by the welfare guidelines of the alleged municipality of residency, except that the hearing may be conducted by telephone or video conference by agreement of the participants. IV. If the hearing results in a determination that another municipality is responsible for providing the assistance, that municipality shall reimburse the assisting municipality for the costs of assistance previously rendered at the rate consistent with that municipality's welfare guidelines, and shall either: (a) Continue to reimburse the assisting municipality so long as the person remains in need of assistance; or (b) Undertake relief and maintenance of the assisted person according to that municipality's welfare guidelines. Source. 1985, 380:6. 1988, 180:1. 1993, 229:2, eff. July 1, 1993. 2021, 122:44, eff. July 9, 2021. 2026, 81:3, eff. July 21, 2026.

RSA 165:2-b Disqualification for Certain Property Transfers.

165:2-b. Disqualification for Certain Property Transfers. No person who is otherwise eligible for assistance under this chapter shall receive such assistance if he has made an assignment, transfer or conveyance of property for the purpose of rendering himself eligible for such assistance within 3 years immediately preceding his application for such assistance. Source. 1985, 380:6, eff. Jan. 1, 1986.

RSA 165:2-c Withholding Names of Recipients of Aid.

165:2-c. Withholding Names of Recipients of Aid. Notwithstanding any other provision of law to the contrary, no town, city or county official shall publish or disclose or allow to be published or disclosed in the annual report of the town, city or county, or in any other document or letter, except as is necessary for and connected with the administration of this chapter, the name, address or any other identifying information of any recipient who is receiving assistance or aid; provided, however, that any taxpayer shall be allowed to see the itemized account of such aid furnished. Any person violating any provision of this section shall be guilty of a violation. Source. 1985, 380:6, eff. Jan. 1, 1986.

RSA 165:3 Burial or Cremation.

165:3. Burial or Cremation. I. If an assisted person shall die in any town or city the overseers of public welfare shall cause such person to be decently buried or cremated at the expense of the town or city. II. Notwithstanding any provision of paragraph I to the contrary, if an assisted person dies in a county nursing home, the overseers of public welfare shall cause such person to be decently buried or cremated at the expense of the town or city in which the assisted person was a resident, as that term is defined in RSA 21:6, on the date on which the assisted person entered the county nursing home. Source. RS 66:7. CS 70:7. GS 74:7. GL 82:7. PS 84:8. PL 106:8. RL 124:3. RSA 165:3. 1985, 380:45, 47. 1993, 308:3. 2000, 202:1, eff. Jan. 1, 2001.

RSA 165:4 Information Regarding Bank Deposits.

165:4. Information Regarding Bank Deposits. A cashier of a national bank and a treasurer of a savings bank and a trust company may, when requested by an overseer of public welfare of a town or city in the state, furnish to said overseer any information asked relative to the deposit of a person receiving or applying for public support. Source. 1933, 116:1. RL 124:4. RSA 165:4. 1985, 380:45, eff. Jan. 1, 1986.

RSA 165:4-a Application of Rents Paid by the Municipality.

165:4-a. Application of Rents Paid by the Municipality. Whenever the owner of property rented to a person receiving assistance under this chapter is in arrears in sewer, water, electricity, or tax payments to the municipality, the municipality may apply, upon approval of the governing body, the assistance which the property owner would have received in payment of rent on behalf of such assisted person to the property owner's delinquent balances, regardless of whether such delinquent balances are in respect of property occupied by the assisted person. For purposes of this section, a payment shall be considered "in arrears" if more than 30 days have elapsed since the mailing of the bill, or in the case of real estate taxes, if interest has begun to accrue pursuant to RSA 76:13. Source. 1992, 184:2, eff. July 11, 1992.

RSA 165:4-b Process for Application of Rents Paid by the Municipality.

165:4-b. Process for Application of Rents Paid by the Municipality. Prior to utilizing the optional offset provisions of RSA 165:4-a, the governing body shall adopt, as part of the guidelines required under RSA 165:1, II, rules governing the process, including a policy which specifically sets out which bill shall be offset first and any further priority of such offset payments and a procedure for notifying the landlord. Source. 1992, 184:2, eff. July 11, 1992.

RSA 165:4-c Eviction Notice Not Required.

165:4-c. Eviction Notice Not Required. The governing body and overseers of public welfare shall not require the issuance of an eviction notice before providing rental assistance. An eviction notice may be required to assist the applicant in documenting emergency needs for emergency assistance, timely application and decision making, and referrals to other agencies with eviction notice requirements for consideration of additional rent arrearage assistance. Source. 2021, 152:2, Pt. II, Sec. 1, eff. July 23, 2021.

RSA 165:5 Who Entitled.

165:5. Who Entitled. Whenever any person, resident in this state, who served in the armed forces of the United States, in any war, insurrection, campaign, or expedition, in which the United States was engaged, and who received , not being under guardianship or legal restraint, shall become poor and unable to provide maintenance for himself and his dependent family, such person, his wife, widow, or minor children, shall be supported at the public expense in the town or city of their abode, at their own home or such place, other than a town or county almshouse, as the overseers of public welfare or the county commissioners shall deem proper. Source. 1885, 41:1, 2. 1887, 45:1. 1889, 81:1. 1891, 38:2. PS 84:9. 1901, 116:1. 1921, 104:1. PL 106:9. 1933, 78:1. RL 124:5. RSA 165:5. 1959, 98:1, eff. July 13, 1959. 2026, 252:6, eff. Aug. 31, 2026.

RSA 165:16 Burial Expenses.

165:16. Burial Expenses. Whenever any person, a resident in this state, who served in the armed forces of the United States in any of the wars or conflicts defined in RSA 165:17 for a total of 90 days, unless sooner released from such service by reason of disability incurred in service, and whose services were terminated under conditions other than dishonorable, dies and did not leave sufficient estate to pay the expenses of his funeral, or was an assisted person, the overseers of public welfare shall cause him to be decently buried at the expense of the municipality in which he died. Funds received from the Department of Veterans Affairs towards burial expenses shall be retained by the municipality. The municipality shall make a request to the Department of Veterans Affairs to provide a suitable monument. Source. 1909, 130:1. 1911, 31:1. 1919, 135:1. 1921, 63:1. 1925, 93:1. PL 106:20. 1929, 28:1. RL 24:16. 1943, 102:1. 1945, 88:1. 1947, 214:1. 1949, 28:1; 167:4. RSA 165:16. 1959, 77:1. 1965, 87:1. 1967, 171:1. 1988, 180:3, eff. June 25, 1988.

RSA 165:17 Definition of Terms.

165:17. Definition of Terms. The following shall constitute wars or conflicts for purposes of RSA 165:16: I. Any war or armed conflict that occurred between July 3, 1921 and December 6, 1941 and in which the resident earned an armed forces expeditionary medal or theater of operations service medal. II. "World War II" between December 7, 1941 and December 31, 1946. III. "Korean Conflict" between June 25, 1950 and January 31, 1955. IV. "Vietnam Conflict" between July 1, 1958 and December 22, 1961, if the resident earned the Vietnam service medal or an armed forces expeditionary medal. V. "Vietnam Conflict" between August 5, 1964 and May 7, 1975. VI. Any war or armed conflict that has occurred between May 8, 1975 and August 1, 1990 and in which the resident earned an armed forces expeditionary medal or theater of operations service medal. VII. "Persian Gulf War" between August 2, 1990 and the date thereafter prescribed by Presidential proclamation or by law. Source. 1949, 167:5. 1951, 176:1. RSA 165:17. 1965, 69:1. 1967, 171:2. 1988, 180:4. 2010, 79:1, eff. July 18, 2010.

RSA 165:19 Liability for Support.

165:19. Liability for Support. The relation of any poor person in the line of father, mother, stepfather, stepmother, son, daughter, husband, or wife shall assist or maintain such person when in need of relief. Said relation may be deemed able to assist such person if their weekly income is more than sufficient to provide a reasonable subsistence compatible with decency and health. If a poor person has no relation of sufficient ability, the town or city in which they reside shall be liable for their support. Aid to a person who is otherwise eligible for assistance under this chapter shall not be withheld due to the failure of a legally liable relative to respond to the welfare administrator or their refusal to provide aid. Any town or city furnishing aid may seek reimbursement from any legally liable relative with sufficient means to provide the reimbursement without financial hardship. Source. RS 66:8. CS 70:8. GS 74:8. GL 82:8. PS 84:12. 1925, 112:1. PL 106:22. 1933, 65:1. RL 124:18. RSA 165:19. 1973, 115:1. 1985, 380:11, eff. Jan. 1, 1986. 2025, 267:1, eff. Jan. 1, 2026.

RSA 165:20 Recovery of Expense.

165:20. Recovery of Expense. If a town, city, or county acting as agent for a town under RSA 165:34 spends any sum for the support, return to his home, or burial of an assisted person having a residence in another town or city, or for an assisted person having relations able to support him under RSA 165:19, such sum may be recovered from the town, city or relation so chargeable or from a county acting as agent for the town under RSA 165:34. In any civil action brought under this section to recover such sum, the court shall award costs to the prevailing party. Source. RS 66:9. CS 70:9. GS 74:9. 1875, 7:4. GL 82:10; 269:21. PS 84:13. PL 106:23. RL 124:19. RSA 165:20. 1967, 192:3. 1977, 152:2; 367:1. 1985, 380:12, eff. Jan. 1, 1986.

RSA 165:20-a Settlement of Disputes.

165:20-a. Settlement of Disputes. I. In any case where a town, city, county or the state seeks to recover a sum spent on assistance to a person and there is a dispute between a town, city, county or the state as to the liability for such assistance, the voluntary arbitration system established by this section shall be available. II. The department of health and human services shall maintain a roster of the selectmen and welfare administrators of the cities, towns, and counties of the state. If a town, city, county or the state decides to avail itself of the voluntary arbitration system, the commissioner of the department of health and human services or his designee shall randomly select a panel of 3 persons from the roster to arbitrate the dispute. No selectman or welfare administrator shall serve on any panel resolving a dispute concerning his own city, town or county. III. Any such voluntary arbitration session shall be held at a time and place to be determined by the commissioner of health and human services. IV. The costs of such voluntary arbitration shall be equally divided between the town, city, county or the state involved in the dispute. V. Any town, city, county or the state choosing the forum of the voluntary arbitration system shall lose the right to litigate the issue, and the decision of the panel of arbitrators shall be final. Source. 1977, 373:1. 1979, 228:1. 1983, 291:1. 1985, 380:13. 1995, 310:176, 181, 182, eff. Nov. 1, 1995.

RSA 165:20-b Recovery From Recipients.

165:20-b. Recovery From Recipients. Any town or city furnishing assistance to any person who is returned to an income status after receiving the assistance which enables him to reimburse the town or city without financial hardship may recover from such person the amount of assistance provided. Source. 1981, 503:8. 1985, 380:45, eff. Jan. 1, 1986.

RSA 165:25 Limitation of Action.

165:25. Limitation of Action. Actions by towns and cities to recover the expense of support, return to his home, or burial of a poor person may be brought within 6 years after the cause of action accrued and not afterward. Source. RS 66:14. CS 70:14. GS 74:14. GL 82:15. PS 84:18. PL 106:28. RL 124:24. RSA 165:25. 1967, 192:4. 1981, 503:4. 1985, 380:14, eff. Jan. 1, 1986.

RSA 165:26 Transfer of Action.

165:26. Transfer of Action. Whenever a county in which an action for the support of an assisted person is pending may eventually be liable for such support, the court, on motion, shall transfer the action to an adjoining county for adjudication. Source. RS 66:15. CS 70:15. GS 74:15. GL 82:16. PS 84:19. PL 106:29. RL 124:25. RSA 165:26. 1985, 380:47, eff. Jan. 1, 1986.

RSA 165:27 Recovery From Estates.

165:27. Recovery From Estates. Towns and cities may recover from the estates of persons assisted in like manner as counties under RSA 166:19. Source. 1903, 42:1. PL 106:30. RL 124:26. RSA 165:27. 1985, 380:15, eff. Jan. 1, 1986.

RSA 165:27-a Assignment for Funeral and Burial or Cremation Expenses.

165:27-a. Assignment for Funeral and Burial or Cremation Expenses. I. Except when a town or city assisted person has made arrangements for a prepaid funeral, if there are liquid assets at death, there shall be an automatic assignment to the funeral director or the person who paid for the funeral and burial or cremation of the deceased to the extent of funeral and burial or cremation expenses up to $2,000. II. The funeral director or the person who paid for the funeral and burial or cremation expenses may submit a notarized statement to the effect that he has paid the expenses, together with an itemized list of the expenses, to the entity holding the assets. Upon submission of the statement and the list, the person shall receive payment to the extent of the expenses authorized under this section. III. The entity making the payment shall provide a receipt and shall send a copy of the receipt to the town selectmen or city council of the appropriate town or city. IV. If no assets remain after a payment is made under this section, the entity making the payment shall so notify the probate court having jurisdiction over the estate. Source. 1981, 253:2. 1985, 380:16. 2000, 202:3, eff. Jan. 1, 2001. 2019, 99:1, eff. Aug. 20, 2019.

RSA 165:28 Liens on Real Property.

165:28. Liens on Real Property. The amount of money spent by a town or city to support an assisted person under this chapter shall, except for just cause, be made a lien on any real estate owned by the assisted person. The liens are effective until enforced as provided in this chapter, or until released by the selectmen or city council; provided that there shall be no enforcement of the lien so long as the real estate is occupied as the sole residence of the assisted person, his surviving spouse, or his surviving children who are under age 18 or blind or permanently and totally disabled. Interest at the rate of 6 percent per year shall be charged on the amount of money constituting such lien commencing one year after the date of the filing of the lien unless a majority of the selectmen in the town or the councilmen in the city vote to waive such interest. The selectmen or council may file a notice of the lien or an acknowledgment of satisfaction of the lien with the register of deeds of the county in which the assisted person owns real property. A notice of lien which contains the owner's name and a description of the real property sufficient to identify it is a valid lien on the property. The register of deeds shall keep a suitable record of such notices without charging any fee therefor, and he shall enter an acknowledgment of satisfaction of the lien upon written request of the selectmen or the council without fee. Source. 1965, 42:1. 1975, 303:1. 1985, 380:17. 1988, 180:2, eff. June 25, 1988.

RSA 165:28-a Liens on Civil Judgments.

165:28-a. Liens on Civil Judgments. I. A town or city shall be entitled to a lien upon property passing under the terms of a will or by intestate succession, a property settlement, or a civil judgment for personal injuries awarded any person granted assistance by the town or city under RSA 165 for the amount of assistance granted by the town or city. II. The town or city shall be entitled to the lien only if the assistance was granted no more than 6 years before the receipt of the inheritance or the award of the property settlement or civil judgment, provided that this section shall not apply to inheritances, property settlements, or civil judgments awarded before August 28, 1981. III. This lien shall take precedence over all other claims. Source. 1981, 503:1. 1985, 380:45, eff. Jan. 1, 1986.

RSA 165:29 Enforcement of Liens.

165:29. Enforcement of Liens. Liens arising under RSA 165:28 or RSA 165:28-a may be enforced by a bill in equity. Source. 1965, 42:1. 1981, 503:3, eff. Aug. 28, 1981.

RSA 165:30 Relative Priority.

165:30. Relative Priority. Any lien arising under RSA 165:28 shall be subordinate to mortgages and other valid liens, recorded with the register of deeds prior to the recording of the notice of the lien referred to in RSA 165:28. Source. 1965, 42:1. 1981, 503:5, eff. Aug. 28, 1981.

RSA 165:31 Work Program Requirements for Assisted Persons.

165:31. Work Program Requirements for Assisted Persons. I. The overseer of public welfare may require any person who is receiving support under this chapter and who is physically able to work, to participate in the municipality's work program as a condition of continued eligibility for assistance. The overseer of public welfare of the town or city may require the person receiving aid to work for the town or city at any job which it has available that is within the capacity of the person receiving support. Such persons shall receive aid in return for such required work at a rate of exchange equivalent to the prevailing wage for the kind of work they are required to perform in the community from which they receive support, as determined by the municipality's pay schedules prevailing at the time of application for assistance. The amount an assisted person may be required to reimburse the town or city for aid received shall be reduced by the credits received from participation in the municipal work program. II. The overseer of public welfare of the town or city may require the person receiving aid to perform services for a nonprofit organization if that organization has agreed to participate as a municipal work program, and has been approved by the overseer of public welfare, provided the person is credited according to the prevailing wage scale of that institution. III. In no case shall participation in a work program be required of the following persons as a condition of receiving assistance: (a) Single parents with children under the age of 5 years; and (b) Persons with mental or physical disabilities, as determined by the overseer of public welfare. Source. 1965, 321:1. 1977, 59:1. 1985, 380:18. 1987, 261:1. 1996, 213:2, eff. Aug. 9, 1996.

RSA 165:32 Employment of Relatives.

165:32. Employment of Relatives. No person who is otherwise eligible for support under this chapter shall receive such support unless and until all able-bodied adults under the age of 65 years, except those regularly attending school, who are related to such person, regularly residing in the same household as such person, legally liable to contribute to the support of such person and not prevented from maintaining employment and contributing to the support of such person by reason of physical or mental disability or other substantial or other justifiable cause, are employed on a full-time basis. The amount or amounts earned by the persons obligated to maintain employment under this section shall be taken into consideration in determining the level of need for town or city support. Nothing in this section shall be so construed to deny to any minor dependent child any needed support to which he would otherwise be entitled. Unrelated adults living in the same household in loco parentis as to any such person seeking town or city support shall be obligated to contribute to the poor person's support to the same extent as the parent of such person, and in default thereof, shall be subject to the same penalties as the parent of such person would be in such case. Source. 1969, 451:2. 1985, 380:19, eff. Jan. 1, 1986.

RSA 165:33 City or Town Districts.

165:33. City or Town Districts. Any city or town may contract with one or more cities or towns to form districts. Such districts shall administer general assistance for which the respective city or town is responsible. The districts are authorized to establish the rate which will be paid to the districts by the respective city or town and to establish written guidelines under which general assistance shall be administered. Source. 1985, 380:20, eff. Jan. 1, 1986.

RSA 165:34 City or Town may Contract With County.

165:34. City or Town may Contract With County. Any city or town may contract with its respective county to permit the county to act as its agent in administering general assistance for which the city or town is responsible. The city or town and the county are further authorized to establish the rate which will be paid by the cities or towns to the counties and to establish written guidelines under which general assistance shall be administered. Source. 1985, 380:20, eff. Jan. 1, 1986.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XII-165.htmFetched: 10/20/2026