422A.570 - Limitations on periods for receipt of benefits; exceptions; denial or suspension of benefits to comply with federal limitation.

422A.570  Limitations on periods for receipt of benefits; exceptions; denial or suspension of benefits to comply with federal limitation.

      1.  Except as otherwise provided in subsection 2, a household that receives benefits for 24 months, regardless of whether those months are consecutive or cumulative, is prohibited from receiving additional benefits for 12 consecutive months unless the head of the household is suffering from a hardship.

      2.  The household may receive additional benefits for not more than 6 additional months, regardless of whether those months are consecutive or cumulative, if the Administrator determines that providing benefits to the household will significantly increase the likelihood that the head of the household will become self-sufficient and will not need to apply for benefits in the future. A household that receives any additional benefits pursuant to this subsection is prohibited from receiving benefits for 12 consecutive months after the additional benefits cease to be provided unless the head of the household is suffering from a hardship.

      3.  The Division shall not provide benefits to a household if an adult member of that household has received benefits from this or any other state for 60 months, regardless of whether those months are consecutive or cumulative, unless the head of the household is suffering from a hardship.

      4.  Except as otherwise provided in subsections 5 and 6, a household that is receiving benefits beyond the period prescribed in subsection 1, 2 or 3 because the head of the household is suffering from a hardship may continue to receive benefits for as long as the head of the household suffers from the hardship. Once the head of the household no longer suffers from the hardship, the household is not eligible to receive benefits:

      (a) For 12 consecutive months if the household has not received benefits from this or any other state for 60 months, regardless of whether those months are consecutive or cumulative; or

      (b) During the lifetime of the head of the household if the household has received benefits from this or any other state for 60 months, regardless of whether those months are consecutive or cumulative, unless the head of the household again suffers from a hardship.

      5.  A household that is receiving benefits pursuant to this section because the head of the household is suffering from a hardship described in paragraph (c) of subsection 7 may not receive benefits pursuant to this section solely because of that hardship for more than 12 months during the lifetime of the head of the household.

      6.  Notwithstanding any other provision of this section, if the Administrator determines that the denial or suspension of benefits provided to a household solely because the head of the household is deemed to be suffering from a hardship is necessary to ensure that this State does not exceed the limitation set forth in 42 U.S.C. § 608(a)(7)(C), the Administrator may deny or suspend such benefits. The Administrator shall send written notice to a household whose benefits will be denied or suspended pursuant to this subsection.

      7.  For the purposes of this section, the head of a household shall be deemed to be suffering from a hardship if the Division determines that the head of household:

      (a) Is ill or physically or mentally incapacitated;

      (b) Must care for an ill or incapacitated member of the household;

      (c) Is a single custodial parent of a child who is less than 1 year of age;

      (d) Is not a recipient of benefits but receives benefits on behalf of a member of the household who is a dependent;

      (e) Is an unmarried parent who:

             (1) Is less than 18 years of age; and

             (2) Complies with the requirements set forth in 42 U.S.C. §§ 608(a)(4) and 608(a)(5);

      (f) Is a person who is:

             (1) Sixty years of age or older;

             (2) The caretaker of a child; and

             (3) A relative, other than a parent, of that child; or

      (g) Is suffering from any other condition or circumstance that the Administrator deems to be a hardship.

      (Added to NRS by 2005, 22nd Special Session, 17)