reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 462 - NEW MEXICO WAGE SUBSIDY PROGRAM › Section 8.102.462.11 - DEPARMENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall:
A. suspend regular TANF cash assistance
				payments to the benefit group for the calendar month in which an employer makes
				the first subsidized wage payment to a participant in the benefit
				group;
B. pay employers each month,
				from the TANF block grant, an amount that equals fifty percent of the wages
				paid by the employer to program participants;
C. issue a supplemental TANF cash assistance
				payment if the net monthly full-time wage paid to the participant is less than
				the TANF cash assistance amount for which the participant would otherwise be
				eligible;
D. reimburse the
				participating employer each month through current invoice procedures;
				and
E. assist the work program
				contractor by referring participants who may be eligible for the New Mexico
				wage subsidy program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 462 - NEW MEXICO WAGE SUBSIDY PROGRAM › Section 8.102.462.12 - NMW SERVICE PROVIDER REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The department's NMW service provider shall:
A. provide an orientation for all
				participants who are accepted into the wage subsidy program;
B. identify eligible participants and refer
				them to potential employers;
C.
				submit a list of referrals to the local ISD office to verify eligibility for
				NMW cash assistance;
D. assist the
				TANF cash assistance participant in submitting applications for employment;
				and
E. provide case management by
				monitoring employee work efforts and production to ensure job
				retention.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 462 - NEW MEXICO WAGE SUBSIDY PROGRAM › Section 8.102.462.13 - LEAVE BALANCES AND ABSENCES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Annual and sick leave:
While
				participating in the NMW wage subsidy program, the participant is entitled to
				accrue a balance of both sick and annual leave, as provided by the
				employer.
B.
Excused
				absences:
Participants are entitled to unpaid excused absences at the
				discretion of the site supervisor or NMW service provider. A participant may
				not be allowed more than 16 hours of unpaid excused absences in any month or 80
				hours cumulatively during the wage subsidy term, without good cause. Absences
				are approved by the site supervisor or by the NMW service provider.
C. Absences in excess of the accrued annual,
				sick and the unpaid excused absence totals will result in termination of the
				NMW wage subsidy activity and the participant will be subject to the
				conciliation and sanction process in accordance with regulation at 8.102.620
				NMAC. The appropriate termination process dictated by the employer's human
				resources procedures shall be followed.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 500 - ELIGIBILITY POLICY - GENERAL INFORMATION › Section 8.102.500.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Articles 1 and 2 of Chapter 27 NMSA 1978 authorize the state to administer the
				aid to families with dependent children (AFDC), general assistance (GA),
				shelter care supplement, the burial assistance programs and such other public
				welfare functions as may be assumed by the state.
B. Federal legislation contained in the
				Personal Responsibility and Work Opportunity Reconciliation Act of 1996
				abolished the AFDC program. The federal act created the temporary assistance
				for needy families (TANF) block grant under Title IV of the Social Security
				Act. Through the New Mexico Works Act of 1998, the New Mexico works program was
				created to replace the aid to families with dependent children
				program.
C. Under authority granted
				to the governor by the federal Social Security Act, the health care authority
				(HCA) is designated as the state agency responsible for the TANF program in New
				Mexico.
D. Effective April 1, 1998,
				in accordance with the requirements of the New Mexico Works Act and Title IV-A
				of the federal Social Security Act, the HCA is creating the New Mexico works
				program as one of its cash assistance programs.
E. In close coordination with the NMW
				program, the HCA administers the food stamp employment and training program
				(E&T) pursuant to the Food Security Act of 1985 and federal regulations at
				Title 7, Code of Federal Regulations.
F. 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 102 - CASH ASSISTANCE PROGRAMS › Part 500 - ELIGIBILITY POLICY - GENERAL INFORMATION › Section 8.102.500.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 500 - ELIGIBILITY POLICY - GENERAL INFORMATION › Section 8.102.500.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				the New Mexico works (NMW) program is to improve the quality of life for
				parents and children by increasing family income, resources and support. The
				further purpose of the program is to increase family income through family
				employment and child support and by utilizing cash assistance as a support
				service to enable and assist parents to participate in employment.
B. The objective of education works program
				(EWP) is to provide cash assistance to a benefit group where at least one
				individual is enrolled in a post-secondary, graduate or post-graduate
				institution. Education and training are essential to long-term career
				development. The applicant or participating benefit group would be otherwise
				eligible for NMW cash assistance but chooses to participate in EWP.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 500 - ELIGIBILITY POLICY - GENERAL INFORMATION › Section 8.102.500.8 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Need
				determination process: Eligibility for NMW, state funded qualified
				non-citizens, and EWP cash assistance based on need requires a finding that:
(1) the benefit group's countable gross
				monthly income does not exceed the gross income limit for the size of the
				benefit group;
(2) the benefit
				group's countable net income after all allowable deductions does not equal or
				exceed the standard of need for the size of the benefit group;
(3) the countable resources owned by and
				available to the benefit group do not exceed the $1,500 liquid and $2,000
				non-liquid resource limits;
(4) the
				benefit group is eligible for a cash assistance payment after subtracting from
				the standard of need the benefit group's countable income, and any payment
				sanctions or recoupments.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 500 - ELIGIBILITY POLICY - GENERAL INFORMATION › Section 8.102.500.9 - PROSPECTIVE BUDGETING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Eligibility for cash assistance programs shall be determined prospectively. The
				benefit group must meet all eligibility criteria in the month following the
				month of disposition. Eligibility and amount of payment shall be determined
				prospectively for each month in the certification period.
B. Simplified reporting: A benefit group
				subject to simplified reporting shall be subject to income methodology as
				specified in Subsection E of
				8.102.120.11 NMAC.
C. Changes in benefit group composition: A
				person added to the benefit group shall have eligibility determined
				prospectively beginning in the month following the month the report is
				made.
D. Anticipating income: In
				determining the benefit group's eligibility and benefit amount, the income
				already received and any income the benefit group expects to receive during the
				certification period shall be used.
(1) Income
				anticipated during the certification period shall be counted only in the month
				it is expected to be received, unless the income is averaged.
(2) Actual income shall be calculated by
				using the income already received and any other income that can reasonably be
				anticipated in the calendar month.
(3) If the amount of income or date of
				receipt is uncertain, the portion of the income that is uncertain shall not be
				counted.
(4) In cases where the
				receipt of income is reasonably certain but the amount may fluctuate, the
				income shall be averaged.
(5)
				Averaging is used to determine a monthly calculation when there is fluctuating
				income within the weekly, biweekly, or monthly pay period and to achieve a
				uniform amount for projecting.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 500 - ELIGIBILITY POLICY - GENERAL INFORMATION › Section 8.102.500.10 - DIVERSION PAYMENTS TO A NMW BENEFIT GROUP

Current through Register Vol. 35, No. 13, July 16, 2024
A. Purpose: The diversion payment is a
				one-time cash assistance payment, that is intended to assist the benefit group
				alleviate a specific short-term need: to accept a bona fide offer of
				employment, retain employment, remedy an emergency situation or an unexpected
				short-term need.
B. Eligibility
				criteria:
(1) Applicant: Eligibility for a
				diversion payment shall be limited to an applicant making an initial
				application for cash assistance. Initial application shall not include a NMW
				cash assistance case which is within a six-month mandatory closure because of a
				third sanction. For the purposes of diversion payments, an initial applicant is
				one who has never received cash assistance, or one whose cash assistance case
				has been closed for one or more calendar months.
(a) An applicant for NMW cash assistance who
				meets all NMW eligibility criteria may volunteer to accept a NMW diversion
				payment in lieu of monthly cash assistance payments if there is no need for
				long-term cash assistance to meet basic needs.
(b) The caseworker shall explain the
				diversion program is not a supplement to other assistance but is in place of it
				and screen the applicant for eligibility for a diversion payment.
(c) Final approval for all diversion payments
				shall be made by the county director and documentation submitted to income
				support division central office.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 501 - TRANSITION BONUS PROGRAM › Section 8.102.501.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Articles 1 and 2 of Chapter 27 NMSA 1978 authorize the state to administer the
				aid to families with dependent children (AFDC), general assistance (GA),
				shelter care supplement, the burial assistance programs and such other public
				welfare functions as may be assumed by the state.
B. Federal legislation contained in the
				Personal Responsibility and Work Opportunity Reconciliation Act of 1996
				abolished the AFDC program. The federal act created the temporary assistance
				for needy families (TANF) block grant under Title IV of the Social Security
				Act. Through the New Mexico Works Act of 1998 (NMW), the New Mexico works
				program was created to replace the aid to families with dependent children
				program.
C. Under authority granted
				to the governor by the federal Social Security Act, the health care authority
				(HCA) is designated as the state agency responsible for the TANF program in New
				Mexico.
D. Effective April 1, 1998,
				in accordance with the requirements of the New Mexico Works Act and title IV-A
				of the federal Social Security Act, the HCA is creating the New Mexico works
				program as one of its financial assistance programs.
E. Effective July 1, 2008, in accordance with
				the requirements of the New Mexico Works Act, the HCA is creating the
				Transition Bonus Program (TBP) as one of its financial assistance
				programs.
F. In close coordination
				with the NMW program, the HCA administers the food stamp employment and
				training program (E&T) pursuant to the Food Security Act of 1985 and
				federal regulations at title 7, code of federal regulations.
G. 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 102 - CASH ASSISTANCE PROGRAMS › Part 501 - TRANSITION BONUS PROGRAM › Section 8.102.501.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose NMW
				program is to improve the quality of life for parents and children by
				increasing family income, resources and support. The further purpose of the
				program is to increase family income through family employment, child support
				and by utilizing cash assistance as a support service to enable and assist
				parents to participate in employment.
B. The objective of the education works
				program (EWP) is to provide cash assistance to a benefit group where at least
				one individual is enrolled in a post-secondary, graduate or post-graduate
				institution. Education and training are essential to long-term career
				development. The applicant or participant benefit group would be otherwise
				eligible for NMW cash assistance, but chooses to participate in EWP.
C. The objective of the TBP is to provide for
				a limited duration and a fixed monthly cash assistance bonus incentive to
				encourage NMW families to leave NMW cash assistance and participate in the TBP
				by maintaining a certain number of hours in paid employment and leave the TBP
				due to increased earnings.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 501 - TRANSITION BONUS PROGRAM › Section 8.102.501.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Limited state or federal funds as discussed in this part
				  means that available funds would warrant a fixed benefit amount of less than
				  $200 per month.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 501 - TRANSITION BONUS PROGRAM › Section 8.102.501.8 - TRANSITION BONUS PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Purpose: The TBP provides a limited duration and fixed month cash assistance
				bonus incentive to encourage NMW families to leave NMW cash assistance,
				participate in the TBP by maintaining a certain number of hours in paid
				employment and leave the TBP due to increased earnings. This program also
				provides supportive services on an ongoing basis, provided that the participant
				is eligible to receive the services during the months provided.
B. Method of payment: TBP payments are paid
				by issuing funds into an electronic benefits transfer (EBT) account accessible
				to the participant. In some circumstances benefits may be issued by
				warrant.
C. Fixed benefit amount: A
				non-prorated, benefit amount of $200 will be given to all TBP participants
				under one-hundred fifty-percent of federal poverty guidelines. The benefit can
				be reduced to recoup an existing cash assistance overpayment in accordance with
				8.100.640 NMAC. The benefit will be countable for the benefit group's
				eligibility for SNAP and Medicaid benefits unless otherwise excluded.
D. Lifetime limits:
(1) The TBP benefit shall not be provided to
				an adult, minor head of household or the spouse of a minor head of household
				for more than 18 months during the individual's lifetime. A benefit group as
				defined at 8.102.400 NMAC shall be ineligible if the benefit group contains at
				least one adult, minor head of household or spouse of the minor head of
				household who has received 18 or more months of the TBP benefit.
(2) Any month in which an adult, a minor head
				of household, or the spouse of a minor head of household, has received full or
				partial TBP benefit shall be considered a month of receipt and shall be counted
				towards the 18 month lifetime limit for any benefit group in which that
				individual is a member.
(3)
				Participants who receive state funded TBP shall not have any month received
				count towards their 60-month lifetime limit for NMW eligibility.
(4) Participants who receive federally funded
				TBP shall have each month received count toward the 60-month lifetime limit for
				NMW eligibility.
(5) When state and
				federal funds are appropriated, the lifetime limit will be applied as follows:
(a) any participant who has received 31
				months or more of TANF will receive state funds;
(b) any participant who has received 30
				months or less of TANF will receive federal funds.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 501 - TRANSITION BONUS PROGRAM › Section 8.102.501.9 - CONTINUED ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Six
				month reporting requirement: All benefit groups participating in the TBP shall
				be assigned to a six month reporting requirement. A benefit group assigned to a
				six month reporting shall be required to file a six month report no later than
				the 10 day of the sixth month or in conjunction with the interim report or SNAP
				recertification, whichever is appropriate. The benefit group must include the
				following information along with verification:
(1) any change in benefit group composition,
				whether a member has moved in or out of the home along with the date, the
				change took place;
(2) the amount
				of money received from employment by each benefit group member;
(3) the amount of unearned income received by
				each benefit group member;
(4)
				verification for residence, only if, there has been a change in residence since
				the last certification;
(5) changes
				in child support receipt; and
(6)
				changes in alien status for a benefit group member.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 501 - TRANSITION BONUS PROGRAM › Section 8.102.501.10 - BENEFIT ISSUANCE AND DELIVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Benefit issuance: The TBP benefits are
				issued and placed into a benefit group's electronic benefit transfer (EBT) cash
				assistance account as defined in
				8.102.610.8 NMAC.
B. Supportive services: Participants of the
				TBP shall be eligible to receive NMW case management and supportive services in
				accordance with 8.102.620.14, 8.102.620.15, and
				8.102.620.16 NMAC.
C. Special allowances: A special clothing
				allowance for school age children and layette payment shall be issued pursuant
				to 8.102.500.8 NMAC.
D. Expungement: The TBP benefit shall be
				subject to expungement in accordance with
				8.102.610.9 NMAC.
E. Issuance and replacement of EBT card: To
				access and use the TBP benefit, the benefit group may use the same EBT card
				issued for the cash assistance benefits.
F. Approval notification: Upon approval of
				the transition bonus program benefit, the household shall be notified of the
				new benefit amount and the notice shall be mailed to the applicant per
				8.102.110.13 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 501 - TRANSITION BONUS PROGRAM › Section 8.102.501.11 - NMW PARTICIPATION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A TBP recipient will be encouraged to participate in work
				  program activities and shall be expected to attend and complete all required
				  activities, such as the assessment, individual responsibility plan (IRP), work
				  participation agreement (WPA) and monthly participation requirements in
				  accordance with 8.102.460 NMAC if not otherwise meeting. Participation
				  requirements apply to each benefit group member whether the benefit group is
				  considered to be a two-parent or single-parent benefit group. No TBP
				  participant shall be sanctioned for NMW non-cooperation.
A. Work Participation Agreement activity will
				include:
(1) 30 hours a week engaged in paid
				employment at federal minimum wage, or if self-employed, working a minimum of
				30 hours per week, and receiving weekly earnings at least equal to the federal
				minimum wage multiplied by 30 hours.
(2) Career development that will lead towards
				meaningful employment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 501 - TRANSITION BONUS PROGRAM › Section 8.102.501.12 - SUSPENSION OF PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
The TBP payment for all benefit groups may be denied for a
				  designated time period based on limited state or federal funds. During program
				  suspension disposition of applications shall be made pursuant to
				  8.106.110.16 NMAC.
A. Application disposition: All applications
				for TBP shall be denied under this provision without consideration of
				eligibility.
(1) Interview: TBP applications
				denied on the basis of suspension shall not require an interview to meet the
				requirements specific to TBP, other categories of assistance requested by the
				applicant may require an interview to determine eligibility.
(2) Payment of assistance: There shall be no
				payment to the TBP recipient during the designated suspension period and any
				right to the payment is lost. Retroactive payments for pending applicants shall
				be authorized for months prior to a designated suspension
				period.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.102.510.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Articles 1 and 2 of Chapter 27 NMSA authorize the state to administer the aid
				to families with dependent children (AFDC), general assistance (GA), shelter
				care supplement, the burial assistance programs and such other public welfare
				functions as may be assumed by the state.
B. Federal legislation contained in the
				Personal Responsibility and Work Opportunity Reconciliation Act of 1996
				abolished the AFDC program. The federal act created the temporary assistance
				for needy families (TANF) block grant under Title IV of the Social Security
				Act. Through the New Mexico Works Act of 1998, the New Mexico works program was
				created to replace the aid to families with dependent children
				program.
C. Under authority granted
				to the governor by the federal Social Security Act, the health care authority
				(HCA) is designated as the state agency responsible for the TANF program in New
				Mexico.
D. Effective April 1, 1998,
				in accordance with the requirements of the New Mexico Works Act and Title IV-A
				of the federal Social Security Act, the HCA is creating the New Mexico works
				program as one of its cash assistance programs.
E. In close coordination with the NMW
				program, the HCA administers the food stamp employment and training program
				(E&T) pursuant to the Food Security Act of 1985 and federal regulations at
				Title 7, Code of Federal Regulations.
F. 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 102 - CASH ASSISTANCE PROGRAMS › Part 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.102.510.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.102.510.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				the New Mexico works (NMW) program is to improve the quality of life for
				parents and children by increasing family income, resources and support. The
				further purpose of the program is to increase family income through family
				employment and child support and by utilizing cash assistance as a support
				service to enable and assist parents to participate in employment.
B. The objective of the education works
				program (EWP) is to provide cash assistance to a benefit group where at least
				one individual is enrolled in a post-secondary, graduate or post-graduate
				institution. Education and training are essential to long-term career
				development. The applicant or recipient benefit group would be otherwise
				eligible for NMW cash assistance but chooses to participate in EWP.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.102.510.8 - RESOURCE STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible on the condition of need, the value of all
				  countable personal and real property, belonging to, or considered as belonging
				  to or considered available to the benefit group shall not exceed the liquid and
				  non-liquid resource limits. Property in excess of the liquid and non-liquid
				  resource limits makes the benefit group ineligible unless the nature of the
				  property or an express condition of its ownership prohibits its transfer.
				  Resources are evaluated based upon their equity value.
A. Liquid resources: Liquid resources are
				those properties in the form of cash or other financial instruments which are
				easily convertible to cash and include but are not limited to: savings
				accounts, checking accounts, stocks, bonds, mutual fund shares, promissory
				notes, mortgages, cash value of insurance policies, and similar properties. The
				value of countable liquid resources may not exceed $1,500.
B. Non-liquid resources: Non-liquid resources
				are all resources that cannot be easily converted to cash and include, but are
				not limited to: both real and personal property. The value of countable
				non-liquid resources may not exceed $2,000.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.102.510.9 - COUNTABLE RESOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Real
				property non liquid:
(1) Real property means
				land and the structures and improvements affixed to it.
(2) The value of real property owned by or
				considered available to the benefit group, except as exempted in Subsection A
				of 8.102.510.10 NMAC, shall be
				considered in determining whether non-liquid resources exceed $2,000.
(3) Grazing permits are classified as real
				property.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.102.510.10 - RESOURCE EXCLUSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Real property:
(1) The home: The
				value of the benefit group's home and certain other property, as defined below,
				is not considered in determining eligibility. The "home" is the dwelling place
				occupied by the benefit group. The home is considered to be occupied by the
				benefit group during a temporary absence from the home when there is a definite
				plan to return to the home and no one else is occupying it. "Home" includes, in
				addition to the residence building and the land upon which it is constructed,
				the following:
(a) a reasonable amount of land
				within reasonable proximity to the residence building if that land is currently
				used by and useful to the client;
(b) outbuildings within reasonable proximity
				to the residence building, such as barn, garage and well, if the well is a
				principal source of water;
(c)
				buildings used for rental purposes if located on land contiguous to the land
				upon which the residence building is constructed and if these buildings cannot
				be divided from the residence land and sold separately;
(d) grazing permits currently being used to
				graze livestock owned by the client;
(e) furniture, equipment and household goods
				necessary for the operation and maintenance of the home.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.102.510.13 - ELIGIBILITY DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Determination: After determining what property is available to the benefit
				group and determining the value of that resource, the net value of the
				countable real and personal property exceeds resource limits, the benefit group
				shall be ineligible for assistance on the basis of need. The benefit group
				shall remain ineligible on the condition of need for as long as the value of
				the property exceeds the resource standards. The basis of need is determined
				by:
(1) what property is available to the
				benefit group;
(2) the value of all
				available resources;
(3) what the
				net value of all countable real and personal property.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.102.510.14 - NON-TRANSFER OF REAL PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Requirement:
(1) For the parent or the
				specified relative to be included in the benefit group, a benefit group member
				must not have transferred real property for the purpose of becoming eligible
				for cash assistance within the two-year period preceding the date of
				application.
(2) A transfer is
				considered to be for the purpose of becoming eligible if:
(a) the transfer was made without a
				reasonable return; and
(b) the
				person had no reasonable plan for support at the time of the transfer other
				than assistance from the HCA.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.102.520.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Articles 1 and 2 of Chapter 27 NMSA 1978 authorize the state to administer the
				aid to families with dependent children (AFDC), general assistance (GA),
				shelter care supplement, the burial assistance programs and such other public
				welfare functions as may be assumed by the state.
B. Federal legislation contained in the
				Personal Responsibility and Work Opportunity Reconciliation Act of 1996
				abolished the AFDC program. The federal act created the temporary assistance
				for needy families (TANF) block grant under Title IV of the Social Security
				Act. Through the New Mexico Works Act of 1998, the New Mexico works program was
				created to replace the aid to families with dependent children
				program.
C. Under authority granted
				to the governor by the federal Social Security Act, the health care authority
				(HCA) is designated as the state agency responsible for the TANF program in New
				Mexico.
D. Effective April 1, 1998,
				in accordance with the requirements of the New Mexico Works Act and Title IV-A
				of the federal Social Security Act, the HCA is creating the New Mexico works
				program as one of its cash assistance programs.
E. In close coordination with the NMW
				program, the HCA administers the food stamp employment and training program
				(E&T) pursuant to the Food Security Act of 1985 and federal regulations at
				Title 7, Code of Federal Regulations.
F. 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 102 - CASH ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.102.520.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.102.520.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				the New Mexico works (NMW) program is to improve the quality of life for
				parents and children by increasing family income, resources and support. The
				further purpose of the program is to increase family income through family
				employment and child support and by utilizing cash assistance as a support
				service to enable and assist parents to participate in employment.
B. The objective of the education works
				program (EWP) is to provide cash assistance to a benefit group where at least
				one individual is enrolled in a post-secondary, graduate or post-graduate
				institution. Education and training are essential to long-term career
				development. The applicant or participating benefit group would be otherwise
				eligible for NMW cash assistance but chooses to participate in EWP.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.102.520.8 - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Income
				eligibility: To be eligible for cash assistance based on income eligibility
				factors:
(1) the countable gross income
				available to the benefit group cannot equal or exceed the maximum gross income
				limit for the size of the benefit group;
(2) the net countable income available to the
				benefit group cannot equal or exceed the standard of need applicable to the
				size of the benefit group;
(3) all
				income exempted or deducted in the gross income test shall be exempted or
				deducted in the net income test;
(4) all income considered available in the
				net income test shall be considered in determining the amount of payment to the
				benefit group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.102.520.9 - EXEMPT INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
The following income sources are not considered available for
				  the gross income test, the net income test, and the cash payment
				  calculation:
A. medicaid;
B. food stamp benefits;
C. government-subsidized foster care, if the
				child for whom the payment is received is not included in the benefit
				group;
D. SSI;
E. government-subsidized housing or a housing
				payment; government includes any federal, state, local or tribal government or
				a private non-profit or for profit entity operating housing programs or using
				governmental funds to provide subsidized housing or to make housing
				payments;
F. income excluded by
				federal law (described in 8.139.527 NMAC);
G. educational payments made directly to an
				educational institution;
H.
				government-subsidized child care;
I. earned income that belongs to a child 17
				years of age or younger who is not the head of household; only earned income
				paid directly to the child is considered as belonging to the child;
J. up to $50 child support disregard and $100
				for one child and $200 for two or more children per month, child support
				pass-through distributed to the benefit group by the CSSD;
K. an emergency onetime only payment made by
				other agencies or programs;
L.
				reimbursements for past or future identified expenses, to the extent they do
				not exceed actual expenses, and do not represent a gain or benefit to the
				benefit group, such as expenses for job or job training related activities,
				travel, per diem, uniforms, transportation costs to and from the job or
				training site, and medical or dependent care reimbursements and any
				reimbursement for expenses incurred while participating in NMW work program
				activities; reimbursements for normal living expenses, such as rent, mortgage,
				clothing or food eaten at home are not excluded;
M. utility assistance payments such as from
				low-income home energy assistance program (LIHEAP), low-income assistance
				program (LITAP), or similar assistance programs.
N. subsidized private sector employment: as
				outlined at Subsection B of
				8.102.461.12 NMAC.
O. guaranteed basic income
:
any
				payments that is funded solely with private funds or mixture of private and
				public funds will be excluded income.
P. universal basic income: any payments that
				is funded solely with private funds or mixture of private and public funds will
				be excluded income.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.102.520.10 - EARNED INCOME DEFINITION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Earned income means cash or payment in kind that is received as wages from
				employment, payment in lieu of wages, earnings from self-employment or earnings
				acquired from the direct provision of services, goods or property, production
				of goods, management of property or supervision of services.
B. Earnings include gross profit from
				self-employment, which requires substantial effort on a continuous basis by the
				participant who is receiving the income.
(1)
				Income from rental property is considered earnings if the participant regularly
				does painting, plumbing, carpentry, maintenance, cleaning, or repair work on
				the property; or if substantial time is spent each month in bookkeeping,
				collecting rent, or paying bills on the property.
(2) Income from livestock is considered
				earnings if the participant raises livestock for the purpose of making cash
				sales. Net income received from the sale of livestock shall be considered in
				determining amount of the cash assistance grant.
(a) The income received from this operation
				may be prorated on a semiannual period if it is reasonable to expect that the
				client will realize the same amount during the next budgetary period.
(b) Domestic pets (cats, dogs, etc.) are not
				considered livestock, and their value is not considered in determining resource
				eligibility except where they are bred and raised for sale.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.102.520.11 - DETERMINING INCOME FOR SELF-EMPLOYED INDIVIDUALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Reporting of earnings as business or
				self-employment income to state or federal tax authorities is the usual
				indicator of business or self-employment income. Criteria for verification of
				business and self-employment income are set forth in Paragraph (2) of
				Subsection B of
				8.100.130.14 NMAC.
(1) Tax returns from the previous year may be
				used, unless the amount of business and self-employment income reported on tax
				returns is no longer a good indicator of expected income.
(2) When tax forms are used to annualize and
				project income, the expenses reported on the tax forms shall be used, allowing
				for adjustments for those expenses or costs that are treated differently or not
				allowed under cash assistance policy.
(3) Capital gains are counted in full as
				income to determine self-employment income. A capital gain is defined as
				proceeds from the sale of capital goods or equipment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.102.520.12 - EARNED INCOME DEDUCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Earnings deductions: Deductions from gross earned income shall be made in
				determining the net countable earned income of benefit group members.
(1) Earned income deductions may not exceed
				the amount of a participant's gross earned income.
(2) The earned income deductions may not be
				used to reduce unearned income, nor may deductions that are not used by one
				benefit group member be allocated against the earnings of another benefit group
				member.
(3) An allowable deduction
				that is not verified at the time of certification or processing of the
				semiannual report shall not be allowed as a deduction. A deduction verified
				after certification shall be processed as a change.
(4) An allowable deduction that is verified
				after a semiannual report is processed shall be handled as set forth at
				Subsection I of
				8.102.120.11
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.102.520.13 - DEEMED INCOME DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The earned and unearned income of certain non-benefit group members shall be
				deemed available to the eligible benefit group members. The income shall be
				deemed from the following:
(1) the parent of a
				minor parent;
(2) a participant or
				applicant who has been disqualified from participation because of a failure or
				refusal to provide a social security number;
(3) an ineligible non-citizen.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.102.520.14 - NET EARNED INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
The income remaining after all allowable exemptions and
				  deductions shall be made from the earned income of benefit group members, plus
				  the deemed income to the benefit group, shall be the net countable earned
				  income of the benefit group. The net countable income shall be used to
				  determine the cash assistance payment to the benefit group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.102.520.15 - UNEARNED INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
A. Definition
				of unearned income: Unearned income means old age, survivors, and disability
				insurance payments (social security), railroad retirement benefits, veterans
				administration compensation or pension payments, military retirement and
				allotments, pensions, annuities and retirement benefits; lodge or fraternal
				benefits, any other public or private disability or retirement benefit or
				pension, shared shelter payments, individual Indian money (IIM); royalty or
				lease payments for land or property owned by a benefit group member; settlement
				payments resulting from insurance or litigation; worker's compensation
				benefits; child support; unemployment compensation benefits; union benefits
				paid in cash; gifts and contributions; and real property income. Unearned
				income is not subject to deductions.
B. Special conditions:
(1) Direct receipt of child support: Child
				support payments directly received and retained by the benefit group are
				considered available to the benefit group in their entirety.
(2) Real property income: Income from real
				property is considered as unearned income when the benefit group engages in the
				management of the property less than 20 hours a week. The benefit group shall
				take all appropriate steps to utilize real property in a manner that will
				produce maximum benefits for the benefit group's maintenance. Costs associated
				for maintenance of the property or the production of income for which the
				benefit group is responsible are deducted from the income received for the use
				of the property.
(3) Noncitizen
				sponsor income: All of the income of the non-citizen sponsor and sponsor's
				spouse is counted as unearned income to the benefit group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 610 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DELIVERY › Section 8.102.610.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Articles 1 and 2 of Chapter 27 NMSA 1978 authorize the state to administer the
				aid to families with dependent children (AFDC), general assistance (GA),
				shelter care supplement, the burial assistance programs and such other public
				welfare functions as may be assumed by the state.
B. Federal legislation contained in the
				Personal Responsibility and Work Opportunity Reconciliation Act of 1996
				abolished the AFDC program. The federal act created the temporary assistance
				for needy families (TANF) block grant under Title IV of the Social Security
				Act. Through the New Mexico Works Act of 1998, the New Mexico works program was
				created to replace the aid to families with dependent children
				program.
C. Under authority granted
				to the governor by the federal Social Security Act, the health care authority
				(HCA) is designated as the state agency responsible for the TANF program in New
				Mexico.
D. Effective April 1, 1998,
				in accordance with the requirements of the New Mexico Works Act and Title IV-A
				of the federal Social Security Act, the HCA is creating the New Mexico works
				program as one of its cash assistance programs.
E. In close coordination with the NMW
				program, the HCA administers the food stamp employment and training program
				(E&T) pursuant to the Food Security Act of 1985 and federal regulations at
				Title 7, Code of Federal Regulations.
F. 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 102 - CASH ASSISTANCE PROGRAMS › Part 610 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DELIVERY › Section 8.102.610.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 610 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DELIVERY › Section 8.102.610.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				the New Mexico works (NMW) program is to improve the quality of life for
				parents and children by increasing family income, resources and support. The
				further purpose of the program is to increase family income through family
				employment and child support and by utilizing cash assistance as a support
				service to enable and assist parents to participate in employment.
B. The objective of the education works
				program (EWP) is to provide cash assistance to a benefit group where at least
				one individual is enrolled in a post-secondary, graduate or post-graduate
				institution. Education and training are essential to long-term career
				development. The applicant or participating benefit group would be otherwise
				eligible for NMW cash assistance but chooses to participate in EWP.