reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 647 - FOOD STAMP PROGRAM - ADMINISTRATIVE DISQUALIFICATION PROCEDURES › Section 8.139.647.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Issuance of the revised food stamp program policy manual is intended to be used in administration of the food stamp program in New Mexico. This revision incorporated the latest federal policy changes in the food stamp program not yet filed. In addition, current policy citations were rewritten for clarification purposes or were simply reformatted. Issuance of the revised policy manual incorporated a new format which is the same in all income support division policy manuals. A new numbering system was designated so that similar topics in different programs carry the same number. The revised format and numbering standards were designed to create continuity among ISD programs and to facilitate access to policy throughout the HCA.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 647 - FOOD STAMP PROGRAM - ADMINISTRATIVE DISQUALIFICATION PROCEDURES › Section 8.139.647.8 - ADMINISTRATIVE DISQUALIFICATION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Administrative responsibility:
The HCA will be responsible for investigating any case of alleged intentional program violation (IPV), and ensuring that appropriate cases are acted upon either through administrative disqualification hearings (ADH) or referral to a court of appropriate jurisdiction. Administrative disqualification procedures or referrals for prosecution should be initiated by the HCA in cases in which the HCA has sufficient documentary evidence to substantiate that an individual has committed one or more acts of intentional program violation. A recommendation to pursue administrative disqualification of an individual is made by the office of the inspector general (OIG) upon review of documentary evidence submitted by the county office. If the HCA does not initiate administrative disqualification procedures or refer for prosecution a case involving an over-issuance caused by a suspected act of IPV, the HCA will take action to collect the over-issuance by establishing an inadvertent household error claim against a household in accordance with the procedures in Subsection B of 8.139.640.9 NMAC and Subsection A of 8.139.640.10 NMAC.
(1)
Initiating hearings:
The HCA should conduct administrative disqualification hearings in the following situations:
(a) in cases in which the HCA believes the facts of the individual case do not warrant civil or criminal prosecution through the appropriate court system;
(b) in cases previously referred for prosecution that were declined by the appropriate legal authority, and
(c) in previously referred cases where no action was taken within a reasonable period of time and the referral was formally withdrawn by the HCA.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 647 - FOOD STAMP PROGRAM - ADMINISTRATIVE DISQUALIFICATION PROCEDURES › Section 8.139.647.9 - DISQUALIFICATION HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The HCA will publish clearly written rules of procedure for disqualification hearings, and will make these procedures available to any interested party.
A.
HCA conducted hearings:
When the HCA has sufficient documentary evidence indicating that an individual may have committed an intentional program violation (IPV), action will be taken to conduct an administrative disqualification hearing.
(1)
Consolidation of ADH with fair hearing:
An administrative disqualification hearing and a fair hearing may be combined into a single hearing if the factual issues arise out of the same or related, circumstances and the household receives prior notice that the hearing will be combined.
(a)
Time frames:
If a disqualification hearing and fair hearing are combined, the HCA will follow the time frames for conducting disqualification hearings.
(b)
Claims and IPV determination:
If the hearings are combined for the purpose of settling the amount of the claim at the same time as determining whether or not intentional program violation has occurred, the household will lose its right to a subsequent fair hearing on the amount of the claim.
(c)
Waiving the 30-day advance notice:
The HCA will allow, upon household request, a household to waive the required 30-day advance notice of hearing when the disqualification hearing and fair hearing are combined.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 650 - FOOD STAMP DEFINITIONS - TERMS AND ABBREVIATIONS [REPEALED]

Current through Register Vol. 35, No. 13, July 16, 2024
[The Human Services Department has repealed 8.139.650 NMAC.
				Section 7, Definitions, and Section 8, Abbreviations & Acronyms have been
				moved to 8.139.100 NMAC.]
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 100 - GENERAL PROVISIONS FOR THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Section 8.150.100.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
27 NMSA 1978 (1992 Repl.) provides for the health care
				  authority to "...adopt, amend and repeal bylaws, rules and regulations...". It
				  also provides for administration of public assistance programs. Section 9-8-1
				  et seq. NMSA 1978 establishes the health care authority (HCA) as a single,
				  unified department to administer laws and exercise functions relating to health
				  care facility licensure and health care purchasing and
				  regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 100 - GENERAL PROVISIONS FOR THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Section 8.150.100.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a different date is at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 100 - GENERAL PROVISIONS FOR THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Section 8.150.100.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to provide policy and
				  procedures for the administration of the low-income home energy assistance
				  program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 100 - GENERAL PROVISIONS FOR THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Section 8.150.100.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Unless otherwise apparent from the context, the following
				  definition shall apply throughout these regulations. A life-threatening
				  situation is a related emergency that poses a threat to the health or safety of
				  one or more members of the household.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 100 - GENERAL PROVISIONS FOR THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Section 8.150.100.8 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The legal basis for the low income home energy assistance
				  program (LIHEAP) is the Augustus F. Hawkins Human Services Reauthorization Act
				  of 1990 (Public Law 101-501) as amended
				  by Title III of the Human Services Amendments of 1994 (Public Law
				  103-252). Title XXVI of the Act is referred to as
				  the Low Income Home Energy Assistance Act. The following sections cite the main
				  statutory authorities for the state of New Mexico's administration of the
				  LIHEAP grant award.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 100 - GENERAL PROVISIONS FOR THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Section 8.150.100.10 - MISSION STATEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Household relatedpolicies:
(1)
				HCA households: Households that receive benefits from programs administered by
				HCA will be notified of the LIHEAP application period. Those households that
				wish to apply for LIHEAP benefits may submit an application. It is HCA's policy
				to issue regular benefits under this program to eligible households that apply
				for benefits during the specified period of application for regular benefits
				and that meet the income eligibility requirement and have a responsibility to
				pay for energy costs as specified in this policy.
(2) Non-HCA households: It is HCA's policy to
				issue regular benefits under this program to eligible households that receive
				no other assistance from HCA but that apply for LIHEAP benefits during the
				specified period of application for regular benefits and that meet the income
				eligibility requirement and have a responsibility to pay for energy costs as
				specified in this policy.
(3)
				Woodprimary heat source: With the exception of households that use wood as
				their primary heat source and gather their own wood supply, households that do
				not incur a direct or indirect home energy cost are not eligible.
(4) Renter with energy costs: Renters who
				meet the eligibility criteria and incur a home energy cost are eligible for
				benefits under this program.
(5)
				Homeless applicants who meet the eligibility criteria are eligible for benefits
				under this program. Applicants who do not incur an energy cost will not be
				allowed an energy burden as defined in Paragraph (1) of Subsection A of
				8.150.620.9 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 100 - GENERAL PROVISIONS FOR THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Section 8.150.100.11 - RESPONSIBILITIES AND DELEGATION

Current through Register Vol. 35, No. 13, July 16, 2024
The income support division (ISD) of the HCA is responsible
				  for administering the low income home energy assistance program
				  (LIHEAP).
A. State LIHEAP plan: Every
				year, ISD submits a state plan to the U.S. department of health and human
				services (DHHS) for New Mexico's administration of LIHEAP. The proposed state
				plan and the proposed LIHEAP policy manual are made available for public
				comment and a public hearing is held.
B. LIHEAP administration: ISD is responsible
				for such matters as:
(1) formulating and
				interpreting LIHEAP policy;
(2)
				coordinating with other divisions within HCA for data processing of LIHEAP
				eligibility and payment;
(3)
				allocating and distributing LIHEAP monies;
(4) data entry of applicants/recipients
				information not available on the HCA's computer eligibility system;
				and
(5) oversight responsibility
				for LIHEAP policy and procedures training and for the review of all LIHEAP
				training materials.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 100 - GENERAL PROVISIONS FOR THE LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Section 8.150.100.12 - ISD FIELD OFFICE RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Each of the field offices of the income support division in
				  the state is responsible for:
A.
				providing outreach and referrals regarding the LIHEAP program for low income
				applicants/ recipients, particularly disabled and elderly
				applicants/recipients, crisis applicants/recipients, and households with high
				home energy burdens;
B. informing
				low-income households, particularly disabled and elderly applicants/
				recipients, about the eligibility determination process and application
				procedures for the LIHEAP program;
C. providing documentation to households
				requesting verification of cash benefits received from the HCA or other
				documentation available to the HCA or in the electronic case file;
D. complying with other LIHEAP program
				directives as may be issued by ISD;
E. assisting all applicant households to
				complete the LIHEAP application and resolving questionable
				information;
F. adhere to the
				deadlines as stated in Paragraph (2) of Subsection B of
				8.150.100.10 NMAC when processing a
				crisis or life threatening crisis LIHEAP application, making the necessary
				vendor contact, and documenting the processing times accurately in the case
				notes;
G. entering the completed
				LIHEAP application into the designated LIHEAP computer system;
H. responding to inquiries about the status
				of a LIHEAP application; and
I.
				processing any payment errors when identified regardless of the amount; the ISD
				office must issue a supplement in cases of benefit under-issuances or complete
				the necessary actions to establish the claim for the over issuance and refer to
				the restitution services bureau for recoupment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 110 - APPLICATIONS › Section 8.150.110.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
27 NMSA 1978 (1992 Repl.) provides for the health care
				  authority (HCA) to "...adopt, amend and repeal bylaws, rules and
				  regulations...". It also provides for administration of public assistance
				  programs. Section 9-8-1 et seq. NMSA 1978 establishes the HCA as a single,
				  unified department to administer laws and exercise functions relating to health
				  care facility licensure and health care purchasing and
				  regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 110 - APPLICATIONS › Section 8.150.110.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to provide policy and
				  procedures for the administration of the low-income home energy assistance
				  program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 110 - APPLICATIONS › Section 8.150.110.8 - RIGHT TO APPLY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Recipients/applicants: Anyone has the right to apply for any benefits provided
				by ISD whether or not it appears they will be eligible.
B. Outreach:
(1) HCA responsibilities: HCA conducts
				outreach regarding the LIHEAP program to eligible households, and particularly
				elderly and disabled households, through the ISD field offices and all of the
				offices and suboffices of the state's community action agencies. Additional
				outreach efforts to elderly and disabled households are made through workshops
				and conferences held by the state's agency on aging.
(2) Community action agency responsibility:
				HCA coordinates with the community action agencies to provide information and
				outreach services regarding LIHEAP and other energy-related assistance
				programs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 110 - APPLICATIONS › Section 8.150.110.9 - SUBMISSION OF FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Applicants: Any household may apply for benefits during the specified
				application period:
(1) in person at any
				local county income support division office;
(2) through the online application;
				or
(3) submitting an application
				via mail or fax to any local county income support division office.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 110 - APPLICATIONS › Section 8.150.110.10 - DISPOSITION OF APPLICATION/NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Income support division county office
				responsibilities: Households who complete the application process for LIHEAP
				benefits will be provided with a notice indicating whether they have been
				approved or denied. Upon acknowledgement of payment by the vendor, households
				will be provided with a notice indicating that they have been approved. Upon
				determination of ineligibility by HCA, households will be provided with a
				notice indicating that they have been denied. If the household fails to provide
				the verification required to determine eligibility, ISD may deny the
				application after 30 days from the date of the application.
B. LIHEAP central office responsibilities:
				LIHEAP central office staff will complete random reviews of LIHEAP approvals
				and denials. The review will verify whether LIHEAP policy was correctly
				applied. If an eligibility error is found or the application is incomplete, a
				determination will be made to identify any payment errors.
C. Notices: All households will be mailed a
				notice indicating whether they have been approved or denied for LIHEAP
				benefits. The notice indicating that an applicant has been approved will list
				the point calculation, point total, the benefit amount and the method of
				issuance. The notice indicating that an applicant has been denied will indicate
				the denial reason.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS › Section 8.150.410.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
27 NMSA 1978 (1992 Repl.) provides for the health care
				  authority (HCA) to "...adopt, amend and repeal bylaws, rules and
				  regulations...". It also provides for administration of public assistance
				  programs. Section 9-8-1 et seq. NMSA 1978 establishes the HCA as a single,
				  unified department to administer laws and exercise functions relating to health
				  care facility licensure and health care purchasing and
				  regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS › Section 8.150.410.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a different date is at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS › Section 8.150.410.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to provide policy and
				  procedures for the administration of the low income home energy assistance
				  program (LIHEAP).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS › Section 8.150.410.8 - HOUSEHOLD UNIT

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of LIHEAP, a household is an individual, or
				  group of individuals living together, who incurs a heating or cooling cost. The
				  heating or cooling cost must be to meet residential, not business or
				  industrial, heating or cooling needs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS › Section 8.150.410.9 - ENERGY RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Energy cost: To be eligible for LIHEAP benefits, the household must incur an
				energy cost. The energy cost may be for a primary heat source, i.e., the energy
				source or fuel with which the household is predominantly heated, or for a
				secondary heat source. A secondary heat source is an energy source that is
				essential to the process of providing heat to the home. The energy cost may be
				for a cooling cost. The cooling cost may be for a primary source, i.e.,
				evaporative cooling or refrigerated air, or secondary cooling. Secondary
				cooling is the use of energy to operate portable fans, ceiling fans, whole
				house fans, gable vent fans, or power attic vent fans.
B. Secondary heat source: Electricity to
				ignite a gas or steam furnace is the most common example of an allowable
				secondary heat source for LIHEAP purposes. Electricity used only for lighting
				purposes or to operate fans to distribute heat from a wood-burning stove is not
				considered an allowable secondary heat source for LIHEAP purposes.
C. Wood-gathering households: Households who
				use wood as a fuel to heat their home and gather the wood themselves are
				considered to have a heating responsibility. Regardless of whether a direct or
				indirect cost was incurred to obtain the wood the household meets this
				requirement.
D. Direct or indirect
				utility responsibility: The heating/ cooling cost may be direct in the form of
				a utility payment or fuel purchase, or indirect in the form of a non-subsidized
				rent payment which either designates or does not designate the included utility
				cost, or costs associated with obtaining wood for heating households.
E. Crisis intervention: To be eligible for
				LIHEAP regular or life-threatening crisis intervention, the household must meet
				the eligibility criteria for regular benefits as specified in
				8.150.500.8 NMAC, must not have
				received a LIHEAP benefit in the current federal fiscal year and, in addition,
				be able to provide verification that proves the applicant household is facing a
				current or impending energy crisis, established with any one of the following:
(1) current notice of disconnect for the
				household from a utility vendor; or
(2) applicant written or verbal statement of
				insufficient funds for the household to open an account with a utility vendor
				or meet the security deposit requirements of a utility vendor; or
(3) statement from the household's fuel
				vendor that fuel will not be provided without payment.
(4) Lifethreatening crisis intervention: The
				applicant must meet the above criteria for a regular crisis intervention and in
				addition provide a written or verbal statement advising that the household
				faces an emergency which poses a threat to the health or safety of one or more
				members of the household.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS › Section 8.150.410.11 - HOUSING TYPE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Non-subsidized rent: Non-subsidized rent is defined as an obligation to pay for
				shelter which is entirely the responsibility of the household incurring the
				expense.
(1) Separate direct costs:
				Households paying nonsubsidized rent who incur a separate heating/cooling cost
				are eligible for LIHEAP.
(2)
				Utilities included in rent: Households paying non-subsidized rent whose utility
				costs are included in their rent, even if no such cost is designated, are
				eligible for LIHEAP.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS › Section 8.150.410.12 - INDIAN TRIBAL ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
In New Mexico, an Indian tribe may choose to administer its
				  own LIHEAP program for tribal members and request from DHHS an allocation of
				  the state's share of the LIHEAP grant award for this purpose. An Indian tribe
				  is defined as a legal entity of a group of Native Americans living on tribal
				  lands with a distinct and separate government. Residents of tribal land may be
				  eligible for tribal administered LIHEAP or HCA-administered LIHEAP under the
				  following circumstances.
A. Tribes
				that administer LIHEAP: Indian tribal members living on their tribe's tribal
				lands, whose tribe administers their own LIHEAP program, are not eligible for
				HCA-administered LIHEAP benefits.
B. Tribes not administering LIHEAP: Indian
				tribal members living on the tribal lands of tribes not administering their own
				LIHEAP program may be considered for HCA-administered LIHEAP benefits providing
				they meet income eligibility and heating/ cooling responsibility requirements
				as specified in this policy.
C.
				Indians on other tribes' land: Households that are members of Indian tribes
				administering their own LIHEAP program but not living on their tribe's tribal
				lands, may be considered for HCA-administered LIHEAP benefits providing they
				meet income eligibility and heating responsibility requirements, as specified
				in this policy, and they did not receive LIHEAP benefits from their tribal
				government for the current LIHEAP season.
D. Non-Indians and non-tribal members on
				tribal land: Non-Indians living on tribal lands and Indians living on tribal
				lands who are excluded from eligibility for LIHEAP by the Indian tribe
				administering their own LIHEAP program may be considered for HCA-administered
				LIHEAP benefits providing they meet income eligibility and heating/ cooling
				responsibility requirements as specified in this policy.
E. At the direction of the HCA secretary, HCA
				may serve tribal members normally excluded due to Subsection A of
				8.150.410.12 NMAC if they have not
				been or do not expect to be served by the tribal LIHEAP program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS › Section 8.150.410.13 - CITIZENSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible, a LIHEAP household must contain at least one
				  member who is a (1) U.S. citizen, or (2) a qualified non-citizen considered
				  eligible to participate in the TANF program. See
				  8 USC Sec.
				  1641, Title 8, Chapter 14, Subchapter IV, and
				  any subsequent changes.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS › Section 8.150.410.14 - RESIDENCY

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible, a LIHEAP household must have a residence in
				  New Mexico and be occupying that residence at the time of application. The
				  LIHEAP benefit must be applied toward the utility or fuel costs incurred for
				  that residence.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS › Section 8.150.410.15 - ENUMERATION

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible for inclusion in the LIHEAP benefit group, a
				  social security number (SSN) or proof of application for a number must be
				  provided for each citizen and qualified non-citizen for which assistance is
				  being requested. Any member(s) of a LIHEAP applicant household who do not meet
				  the requirements of this section will not be eligible for a LIHEAP
				  benefit.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS › Section 8.150.410.16 - RESIDENCE IN FACILITY OR INSTITUTION

Current through Register Vol. 35, No. 13, July 16, 2024
Persons residing in New Mexico but living in group homes,
				  halfway houses, institutions, homeless shelters, or in places not normally
				  intended for human occupation are not eligible unless they can document
				  heating/cooling expenses.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS › Section 8.150.410.17 - RECIPIENT RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Treatment
				and non-discrimination: Members of a household shall have the right, at all
				times, to be treated with dignity at all times. Household members may not be
				discriminated against on the basis of age, sex, race, color, handicap, national
				origin, or religious or political belief.
B. Confidentiality: Household members have
				the right to confidentiality as defined in
				8.100.100.13 NMAC.
C. Fair hearings: The household has the right
				to disagree with the determinations made by HCA and to appeal such actions
				through HCA's fair hearing process.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS › Section 8.150.410.18 - RECIPIENT RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Benefit purpose:
The household is responsible for using the benefit received
				  for the purpose intended.
B. Erroneously issued benefits: If it is
				determined the household is not entitled to the benefit received, whether
				agency or recipient caused, the household is responsible for paying back the
				benefits received. The household is responsible for repayment whether the
				benefit was received directly by the household or paid to a vendor per
				Subsection H of
				8.150.100.12 NMAC, a claim must be
				established for any erroneous benefit issuance.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 500 - ELIGIBILITY › Section 8.150.500.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 9-8-1 et seq. NMSA 1978 establishes the health care
				  authority (HCA) as a single, unified department to administer laws and exercise
				  functions relating to health care facility licensure and health care purchasing
				  and regulation. It also provides for administration of public assistance
				  programs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 500 - ELIGIBILITY › Section 8.150.500.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to provide policy and
				  procedures for the administration of the low-income home energy assistance
				  program (LIHEAP).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 500 - ELIGIBILITY › Section 8.150.500.8 - NEED DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible for LIHEAP benefits households must do the
				  following:
A. An applicant/ recipient
				or representative must complete an application for LIHEAP benefits and will be
				interviewed face to face or telephonically only if information is questionable,
				to determine crisis or life threatening situations, or if the client has not
				been interviewed by the HCA for any other ISD program 30 days prior to the
				application date stamped on the application.
B. The household must provide proof that they
				meet the qualifications of the LIHEAP program; current documents used in other
				public assistance programs may be used for LIHEAP application processes, unless
				questionable:
(1) proof of identity for the
				applicant using any of the following documentation:
(a) birth certificates(s); or
(b) baptism certificate; or
(c) hospital or birth record; or
(d) divorce papers; or
(e) alien registration card; or
(f) immigration & naturalization service
				(INS) records; or
(g) U.S.
				passport; or
(h) Indian census
				records; or
(i) family bible;
				or
(j) school or day care records;
				or
(k) government records; or
(l) social security records;
				or
(m) social service records;
				or
(n) insurance policy;
				or
(o) court records; or
(p) church records; or
(q) voter registration card; or
(r) letter from doctor, religious official or
				school official, or someone else who knows the applicant; or
(s) applicant sworn statement;
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 510 - RESOURCES/PROPERTY › Section 8.150.510.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 9-8-1 et seq. NMSA 1978 establishes the health care
				  authority (HCA) as a single, unified department to administer laws and exercise
				  functions relating to health care facility licensure and health care purchasing
				  and regulation. It also provides for administration of public assistance
				  programs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 510 - RESOURCES/PROPERTY › Section 8.150.510.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a different date is at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 510 - RESOURCES/PROPERTY › Section 8.150.510.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to provide policy and
				  procedures for the administration of the low income home energy assistance
				  program (LIHEAP).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 510 - RESOURCES/PROPERTY › Section 8.150.510.8 - RESOURCE STANDARDS/ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
No assets test is required to be eligible for LIHEAP
				  benefits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 520 - INCOME › Section 8.150.520.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 9-8-1 et seq. NMSA 1978 establishes the health care
				  authority (HCA) as a single, unified department to administer laws and exercise
				  functions relating to health care facility licensure and health care purchasing
				  and regulation. It also provides for administration of public assistance
				  programs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 520 - INCOME › Section 8.150.520.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to provide policy and
				  procedures for the administration of the low income home energy assistance
				  program (LIHEAP).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 520 - INCOME › Section 8.150.520.8 - EARNED GROSS INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Definitions: Earned gross income is defined as income received in the form of
				wages paid on a predetermined regular basis, pay received irregularly for work
				performed irregularly, or income resulting from self-employment activities.
				Income from rental property, if 20 hours or more per week are spent working as
				a landlord, is also countable as earned income.
B. Exclusions: The following are not counted
				as gross income:
(1) in-kind benefits: (i.e.
				good or services realized, provided or exchanged for non-monetary
				compensation);
(2) vendor payments:
				(i.e. payments made on behalf of a household to a third party);
(3) lump sum payments: see food stamp
				regulations on lump sum payments in
				8.139.520.9 NMAC;
(4) loans;
(5) charitable contributions from nonprofit
				agencies to meet household expenses;
(6) earned income tax credits;
(7) value of food stamps;
(8) TANF annual clothing allowance;
(9) monies received for the care of a third
				party beneficiary who is not a household member; and
(10) monies excluded by federal statute, a
				listing of which can be found in food stamp policy citation 8.139
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 520 - INCOME › Section 8.150.520.9 - SELF EMPLOYMENT GROSS INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
A. Definition: Ongoing self-employment income
				intended to support the household through the year, that is averaged over a 12
				month period, even if the household earns the money in a concentrated period.
				Self-employment income intended to support the household only for a portion of
				the year must be averaged over the months it is intended to provide
				support.
B. Verification sources:
				Monthly business records detailing profits and expenses or the household's
				federal income tax return are needed to annualize the household's
				self-employment income.
C. Gross
				income calculation: For self-employment income, the net income of the business
				activity is considered the gross income of the household member. The net income
				of the business is derived by subtracting the allowable costs of doing business
				from the business's gross income.
D. Business expenses:
(1) Allowable costs are, generally, those
				required to produce the business's gross income. These include, but are not
				limited, to: raw materials, stock, labor, insurance premiums, interest paid on
				income producing property, taxes paid on income-producing property,
				transportation for business purposes.
(2) Costs specifically not allowed are
				payments on the principal of the purchase price of income-producing property,
				assets, equipment, or machinery, net losses from previous periods, personal
				income taxes, money set aside for personal expenses, transportation to and from
				work, charitable contributions, entertainment, and depreciation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 520 - INCOME › Section 8.150.520.10 - GROSS INCOME OF INELIGIBLE NONCITIZENS

Current through Register Vol. 35, No. 13, July 16, 2024
The gross income received by any ineligible non-citizen
				  household member must be prorated and counted to establish the benefit
				  amount.
A. Definition: If any member
				of the household providing income to the household is an ineligible non-citizen
				for TANF purposes, that member's income is not counted in its entirety but is
				prorated. Prorating results in excluding a portion of the ineligible
				non-citizen household member's income from consideration because the ineligible
				non-citizen is not a recipient of public assistance benefits.
B. Proration calculation: Calculate the gross
				income of the ineligible non-citizen and divide the total by the number of
				members, eligible and ineligible, in the household. The resulting figure is the
				pro-rata portion of the income for each member, eligible and ineligible. To
				determine the portion of the income to be counted, multiply the pro rata
				portion by the remaining number of eligible household members.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 520 - INCOME › Section 8.150.520.11 - GROSS INCOME OF MIGRANT HOUSEHOLDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Definition: A migrant household is a group
				that travels away from home on a regular basis with a group of laborers to seek
				employment in an agriculturally related activity.
B. Verification sources: The household's
				federal income tax return is needed to annualize the household's
				income.
C. Calculation: The
				household's annual income reported on their federal income tax return should be
				divided by 12 to determine the household's average monthly income.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 520 - INCOME › Section 8.150.520.12 - GROSS INCOME DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
Gross income of the household member is defined as all income
				  received prior to deductions, including taxes, garnishments, whether voluntary
				  or involuntary and net business income.
A. Income sources: Gross income includes
				income from both earned and unearned sources.
B. Countable income: The gross unearned
				income of all household members is counted in its entirety, and the gross
				earned income of all household members over the age of 18 is counted in its
				entirety, unless:
(1) the income is
				specifically exempted; or
(2) the
				income is self-employment, in which case the income is annualized (see LIHEAP
				8.150.520.9 NMAC); or
(3) the income is that of an ineligible
				non-citizen, in which case the income is prorated (see LIHEAP policy
				8.150.520.10 NMAC);
(4) the income is a full month's income and
				is anticipated to be received on a weekly or biweekly basis; in these
				circumstances, the income shall be converted to a monthly amount as follows:
(a) income received on a weekly basis is
				averaged and multiplied by four;
(b) income received on a biweekly basis is
				averaged and multiplied by two;
(c)
				averaged income shall be rounded to the nearest whole dollar prior to
				application of the conversion factor; amounts resulting in $0.50 or more are
				rounded up; amounts resulting in $0.49 or lower are rounded down.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 520 - INCOME › Section 8.150.520.13 - UNEARNED INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
A. Definition:
				Unearned income is income received in the form of entitlement, disability,
				retirement, unemployment benefits or payments, including but not limited to the
				following:
(1) child support;
(2) alimony;
(3) temporary assistance to needy families
				(TANF) benefits;
(4) general
				assistance (GA) payments;
(5)
				royalties;
(6) dividends and
				interest; or
(7) tribal
				benefits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 520 - INCOME › Section 8.150.520.14 - TOTAL GROSS INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
The household's total gross income is determined by adding
				  countable earned and unearned income. Income received from self-employment and
				  by ineligible non-citizens is not counted in full. The income of migrant
				  households may be annualized and averaged.
The household's total gross income must be equal to or less
				  than income standards published annually in the LIHEAP state
				  plan.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 520 - INCOME › Section 8.150.520.15 - INCOME STANDARD

Current through Register Vol. 35, No. 13, July 16, 2024
Income guidelines for eligibility will be updated at the
				  beginning of each federal fiscal year as required by federal statute. The
				  guidelines will be effective for the entire federal fiscal year beginning
				  October 1 and ending September 30. The income guidelines will be determined by
				  the secretary of the HCA before the beginning of the new federal fiscal year
				  and published annually in the LIHEAP state plan.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 520 - INCOME › Section 8.150.520.16 - CRISIS INTERVENTION STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
Households who are over the income standards but meet the
				  crisis intervention requirements may be eligible for a crisis LIHEAP benefit.
				  If a household is over the income standards, HCA staff should explore the
				  household's financial circumstances and take into account any financial crisis
				  in the household that may have resulted in the household's inability to meet
				  its utility or fuel expenses in the past 30 days. In these cases, the
				  household's net income, rather than gross income, may be considered to
				  determine income eligibility for LIHEAP benefits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 520 - INCOME › Section 8.150.520.17 - NET INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
A. Definition:
				Net income, except for net business income, for the purposes of LIHEAP policy,
				is not gross income minus deductions. Rather, it is gross income minus
				household emergency expenses incurred and paid in 30 days prior to the
				application date or the initial payment, during that period, of a bill
				resulting from a recent household emergency.
B. Calculation: To determine the net income
				for a household, subtract any allowable household emergency expenses from the
				household's gross income.
C. No
				emergency expenses: If the household did not incur and pay household emergency
				expenses or an initial payment for a recent household emergency in the 30 days
				prior to the application date for LIHEAP benefits, gross income is to be used
				to make the determination of eligibility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 520 - INCOME › Section 8.150.520.18 - HOUSEHOLD EMERGENCY EXPENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Definition: Household emergency expenses are defined as expenses incurred and
				paid in full or in part by the household in the 30 days prior to the
				application date.
B. Examples of
				emergency expenses include:
(1) hospital,
				ambulance, doctor and dental bills;
(2) laboratory and other testing
				bills;
(3) prescriptions and
				non-prescription items ordered by a licensed health care professional;
				and
(4) services provided or
				ordered by a licensed health care professional; or
(5) nonelective medical expenses;
(6) emergency medical expenses, such
				as:
(7) hospital bills;
				and
(8) ambulance bills;
(9) expenses resulting from the death of a
				household member or other major household crisis; or
(10) repair or replacement of the household's
				primary vehicle.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 600 - DESCRIPTION OF PROGRAM/BENEFITS › Section 8.150.600.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 9-8-1 et seq. NMSA 1978 establishes the health care
				  authority (HCA) as a single, unified department to administer laws and exercise
				  functions relating to health care facility licensure and health care purchasing
				  and regulation. It also provides for administration of public assistance
				  programs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 600 - DESCRIPTION OF PROGRAM/BENEFITS › Section 8.150.600.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July1, 2024, unless a different date is at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 150 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM › Part 600 - DESCRIPTION OF PROGRAM/BENEFITS › Section 8.150.600.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to provide policy and
				  procedures for the administration of the low income home energy assistance
				  program (LIHEAP).