reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS - NONFINANCIAL ELIGIBILITY CRITERIA › Section 8.139.410.11 - NONCONCURRENT RECEIPT OF ASSISTANCE (DUAL PARTICIPATION)

Current through Register Vol. 35, No. 13, July 16, 2024
A. In no event may an individual receive food
				stamp benefits in more than one household in the state of New Mexico in the
				same month, with the exception of women and children in battered women's
				shelters (Subsection B of
				8.139.410.10 NMAC). In addition, an
				individual may not receive food stamp benefits in the state of New Mexico and
				any other state, or the territories of Guam, the Virgin Islands, or Puerto
				Rico, in the same month. An individual or household participating in a
				commodity distribution program administered by any Indian tribal organization
				(ITO) on an Indian reservation is not eligible to receive food stamp benefits
				in the same month that commodities are received. A household need not be living
				on the Indian reservation to participate in an Indian tribal commodities
				program. If an ISS determines that an individual or household has received food
				stamp benefits to which it was not entitled because of dual participation, a
				claim will be filed for any month in which there was an over-issuance of food
				stamp benefits.
B.
Disqualification for receipt of multiple benefits
A finding that
				an individual has received multiple food stamp benefits simultaneously as a
				result of an administrative disqualification hearing and IPV, or a conviction
				in federal or state court, will result in a ten year disqualification period.
				The income and resources of the disqualified individual will continue to count
				in their entirety to the household while the individual remains in the
				home.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS - NONFINANCIAL ELIGIBILITY CRITERIA › Section 8.139.410.12 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) GENERAL WORK REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Any SNAP recipient may be subject to general work
				  requirements. SNAP recipients who do not meet a federal exemption must meet the
				  general work requirements in accordance with Subsection C of this section.
				  Federal exemptions from general work requirements are found at 7 Code of
				  Federal Regulation (CFR) 273.7(a)(6) and (b).
A.
General Work requirements:
ISD will administer the general work requirements in accordance with
				7 CFR
				273.7. As a condition of eligibility for
				participation in SNAP, every household member who does not qualify for a
				federal exemption, must meet general work requirements as outlined in
				Subsection C of this section.
B.
General work requirement exemptions:
Federal exemptions from
				general work requirements are found at
				7 CFR
				273.7(a)(6) and
				273.7(b). Physical
				and mental unfitness for the federal exemption is defined as an individual who
				has a mental or physical illness or disability, temporary or permanent, which
				reduces their ability to financially support themselves. Unfitness can be:
(1) obvious to ISD and documented in the case
				file; or
(2) not obvious to ISD,
				but is documented by a physician, physician's assistant, nurse, nurse
				practitioner, a licensed or certified psychiatrist or a licensed or certified
				psychologist, or social worker as being unfit to work; the claim of physical or
				mental unfitness must be substantiated by written documentation identifying the
				physical or mental condition and certifying that the person is unfit for
				employment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS - NONFINANCIAL ELIGIBILITY CRITERIA › Section 8.139.410.13 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) EMPLOYMENT AND TRAINING PROGRAM (E&T)

Current through Register Vol. 35, No. 13, July 16, 2024
ISD will administer the E&T program requirements in
				  accordance with 7 CFR
				  273.7(e). SNAP participants
				  may choose to voluntarily participate in any of the E&T services available.
				  Volunteers can participate to the extent that they wish and will not be subject
				  to any E&T disqualification. Participants who incur expenses that are
				  reasonably necessary and directly related to participation in the E&T
				  program will be reimbursed up to the monthly limit as determined by ISD, in
				  accordance with 7 CFR
				  273.7(d)(4).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS - NONFINANCIAL ELIGIBILITY CRITERIA › Section 8.139.410.14 - REQUIREMENTS FOR ABLE BODIED ADULTS

Current through Register Vol. 35, No. 13, July 16, 2024
ISD will administer this program in accordance with 7 Code of
				  Federal Regulation (CFR) 273.24. This program is referred to as the time limit
				  rule or the able bodied adults without dependents ("ABAWD") program. The
				  program is mandatory at all times unless there is a federally approved
				  statewide waiver in place in accordance with
				  7 CFR
				  273.24(f). A statewide
				  waiver makes the program non-mandatory for all ABAWDs who would otherwise be
				  subject to the three month time limit requirement. When a statewide waiver is
				  not in place, ABAWDs are mandatory for all requirements as detailed below. ISD
				  will inform all potential ABAWD households of the ABAWD time limit prior to the
				  expiration of a statewide waiver. ISD will use a fixed 36 month period for
				  measurement and tracking purposes beginning June 1, 2017 through May 31, 2020,
				  and every subsequent fixed three year period.
A. The age limit standards for individuals
				who are subject to the ABAWD work requirement.
Age Limit
Date ends
18-49
September 5th 2023
18-50
September 30th 2023
18-52
September 30th 2024
18-54
September 30th 2025
B.
Able bodied adults can comply by:
working 20 hours per week,
				averaged monthly; for purposes of this provision, 20 hours per week averaged
				monthly means 80 hours per month; work is defined as:
(1) work in exchange for money;
(2) work in exchange for goods or services
				("in kind" work); or
(3) unpaid
				work, which includes work without compensation that gives a person experience
				in a job or industry, tests a person's job skills, or involves volunteer time
				and effort to a not-for-profit organization.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 420 - RECIPIENT REQUIREMENTS - SPECIAL HOUSEHOLDS › Section 8.139.420.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The food stamp program is authorized by the Food Stamp Act of 1977 as amended (7 U.S.C. 2011 et. seq.). Regulations issued pursuant to the act are contained in 7 CFR Parts 270-282. State authority for administering the food stamp program is contained in Chapter 27 NMSA, 1978. 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 139 - FOOD STAMP PROGRAM › Part 420 - RECIPIENT REQUIREMENTS - SPECIAL HOUSEHOLDS › Section 8.139.420.6 - 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 420 - RECIPIENT REQUIREMENTS - SPECIAL HOUSEHOLDS › Section 8.139.420.8 - CATEGORICAL ELIGIBILITY (CE)

Current through Register Vol. 35, No. 13, July 16, 2024
All members of a food stamp household must maintain CE status for the household to be considered CE. Categorically eligible one and two person households are entitled to the minimum food stamp benefit amount, except in an initial month if the prorated benefit is less than ten dollars ($10).
A.
Determining CE:
Households may be CE by receiving financial assistance or by receiving a non-cash TANF/MOE funded benefit or service, known as broad-based CE.
(1)
Financial assistance/SSI CE:
A food stamp household is considered CE for the entire month when all of its members receive or has been determined eligible to receive any combination of the benefits or services from the following:
(a) financial assistance;
(b) financial, in-kind benefits, or services funded either under Title IV-A of the Social Security Act or by the state as part of the TANF maintenance of effort;
(c) SSI under Section 1619(a) or 1619(b) of the Social Security Act (42 U.S.C. 1382h(a) or (b)).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 420 - RECIPIENT REQUIREMENTS - SPECIAL HOUSEHOLDS › Section 8.139.420.9 - SPONSORED NON-CITIZENS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Definition of a sponsored non-citizen: A non-citizen lawfully admitted for permanent resident status into the United States, for which an individual has executed an affidavit of support pursuant to section 213A of the Immigration and Nationality Act. Not all lawful non-citizens are sponsored. Only in the event that the sponsored non-citizen is eligible in accordance with of 8.139.410.9 NMAC shall the HCA consider available to the household the income and resources of the sponsor and spouse.
B. Date of entry or date of admission: The date established by the immigration and naturalization service (INS) as the date the sponsored non-citizen was admitted for permanent residence.
C. Sponsor: An individual who has executed an affidavit of support or similar agreement on behalf of a non-citizen, as a condition of the non-citizen's entry or admission into the United States as a permanent resident.
D. Exempt non-citizens: The provisions of this section do not apply to the following:
(1) a non-citizen participating in the food stamp program as a member of the sponsor's food stamp household;
(2) a non-citizen sponsored by an organization or group rather than an individual;
(3) a non-citizen who is not required to have a sponsor under the Immigration and Nationality Act; or
(4) a non-citizen that ISD has determined is indigent.
(a) For purposes of this paragraph, the term indigent means that the sum of the eligible sponsored non-citizen's household's own income, the cash contributions of the sponsor and others, and the value of any in-kind assistance the sponsor and others provide, does not exceed one hundred thirty percent of the poverty income guidelines for the household's size.
(b) The caseworker shall determine the amount of income and other assistance provided in the month of application.
(c) If the non-citizen is indigent, the amount that the HCA shall count shall be the amount actually provided for a period beginning on the date of such determination and ending 12 months after such date. Each indigence determination is renewed for additional 12-month periods.
(5) A battered non-citizen spouse, non-citizen parent of a battered child, or child of a battered non-citizen, for 12 months after the HCA determines that the battering is substantially connected to the need for benefits, and the battered individual does not live with the batterer. After 12 months, the HCA shall not deem the batterer's income and resources if the battery is recognized by a court or the INS and has substantial connection to the need for benefits, and the non-citizen does not live with the batterer.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 420 - RECIPIENT REQUIREMENTS - SPECIAL HOUSEHOLDS › Section 8.139.420.10 - HOMELESS HOUSEHOLDS

Current through Register Vol. 35, No. 13, July 16, 2024
Homeless households residing in public or private nonprofit shelters for homeless individuals will be exempt from the residents of an institution eligibility requirements (Subsection A of 8.139.400.13 NMAC). Such households may not be denied benefits for lack of a conventional or fixed residence, or be required to have a street address or post office box for mailing purposes. Homeless households may use their food stamp benefits to purchase meals from homeless meal providers that have been authorized by FCS to accept coupons for meal payments.
A. Homeless shelter standard: The HCA will use a standard estimate of shelter expenses for households in which all members are homeless and are not receiving free shelter throughout the calendar month. All homeless households that incur, or reasonably expect to incur, shelter expenses during a month will be eligible for the homeless shelter standard unless higher shelter expenses are verified. The homeless shelter standard, which includes both shelter and utility expenses, is adjusted annually, and is effective every October (Paragraph (3) of Subsection F of 8.139.500.8 NMAC).
B. Restrictions:
(1) Households: No special restrictions will be imposed on homeless households living in shelters.
(2) Homeless meal providers: Homeless meal providers may not act as authorized representatives for homeless households. If a homeless shelter is authorized by FNS as a homeless meal provider, the shelter may not require a homeless household to surrender its food stamp benefits to the shelter. The shelter can only request voluntary use of food stamp benefits from homeless food stamp recipients.
(3) Cost of food: A shelter for the homeless may not require households using food stamp benefits to pay more than the average cost of the food purchased by the homeless meal provider. For purposes of this section, "average cost" will be calculated by averaging food costs over a period of up to one calendar month. The value of donated foods from any source will not be used to calculate the average cost, nor to determine the amount requested from food stamp recipients. All indirect costs, such as those incurred in the acquisition, storage, or preparation of the food used in meals, will also be excluded. Homeless meal providers may only use uncancelled, unmarked $1 food stamp benefit amounts in making change for meal purchases by homeless households. Change in the form of cash or credit slips is prohibited. In addition, if other shelter residents have the option of eating free or making a monetary donation, food stamp recipients in the shelter must be given the option of eating free or making a voluntary donation in money or food stamp benefits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 500 - FINANCIAL ELIGIBILITY - NEED DETERMINATION › Section 8.139.500.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The food stamp program is authorized by the Food Stamp Act of 1977 as amended (7 U.S.C. 2011 et. seq.). Regulations issued pursuant to the act are contained in 7 CFR Parts 270-282. State authority for administering the food stamp program is contained in Chapter 27 NMSA, 1978. Administration of the health care authority, including its authority to promulgate regulations, is governed by Chapter 9, Article 8, NMSA 1978 (Repl. 1983). 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 139 - FOOD STAMP PROGRAM › Part 500 - FINANCIAL ELIGIBILITY - NEED DETERMINATION › Section 8.139.500.6 - 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 500 - FINANCIAL ELIGIBILITY - NEED DETERMINATION › Section 8.139.500.8 - BASIS OF ISSUANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Income standards: Determination of need in SNAP is based on federal guidelines. Participation in the program is limited to households whose income is determined to be a substantial limiting factor in permitting them to obtain a nutritious diet. The net and gross income eligibility standards are based on the federal income poverty levels established in the Community Services Block Grant Act 42 USC 9902(2).
B. Gross income standards: The gross income eligibility standards for the 48 contiguous states, District of Columbia, Guam and the Virgin Islands is one hundred thirty percent of the federal income poverty levels for the 48 states and the District of Columbia. One hundred thirty percent of the annual income poverty guidelines is divided by 12 to determine monthly gross income standards, rounding the results upward as necessary. For households larger than eight, the increment in the federal income poverty guidelines is multiplied by one hundred thirty percent, divided by 12, and the results rounded upward if necessary.
C. Net income standards: The net income eligibility standards for the 48 contiguous states, District of Columbia, Guam and the Virgin Islands are the federal income poverty levels for the 48 contiguous states and the District of Columbia. The annual income poverty guidelines are divided by 12 to determine monthly net income eligibility standards, (results rounded upward if necessary). For households larger than eight, the increment in the federal income poverty guidelines is divided by 12, and the results rounded upward if necessary.
D. Yearly adjustment: Income eligibility limits are revised each October 1st to reflect the annual adjustment to the federal income poverty guidelines for the 48 contiguous states and the District of Columbia and can be found at
https://www.fns.usda.gov/snap/cost-living-adjustment-cola-information
.
E. Deductions and standards:
(1) Determination: Expense and standard deduction amounts are determined by federal guidelines and may be adjusted each year. Households eligible based on income and resource guidelines, and other relevant eligibility factors, are allowed certain deductions to determine countable income.
(2) Yearly adjustment: The expense and standard deductions may change each year. If federal guidelines mandate a change, it is effective each October 1st, and can be found at
https://www.fns.usda.gov/snap/cost-living-adjustment-cola-information
and http://www.HCA.state.nm.us/LookingForInformation/Federal_Poverty_Level_Guidelines.aspx
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 500 - FINANCIAL ELIGIBILITY - NEED DETERMINATION › Section 8.139.500.9 - PROSPECTIVE BUDGETING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Initial month procedures: "Initial month" means the first month for which a household is certified for participation in the food stamp program following any period during which the household was not certified for participation. Eligibility and food stamp benefit amount for households submitting an initial application will be based on circumstances for the entire calendar month in which a household files its application.
(1) Changing eligibility:
(a) Because of anticipated changes, a household may be eligible for the month of application, but ineligible in the next month. The household is entitled to benefits for the month of application, even if the application is processed and benefits issued in the subsequent month.
(b) A household may be ineligible for the month of application but eligible in the next month because of anticipated changes in circumstances.
(c) Even if denied for the month of application, a household does not need to reapply in the next month. The same application is used for the denial of the month of application and the determination of eligibility in subsequent months.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 500 - FINANCIAL ELIGIBILITY - NEED DETERMINATION › Section 8.139.500.10 - DETERMINING INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
A. Anticipating income: In determining a household's eligibility and SNAP benefit amount ISD shall use income already received by the household during the certification period and any income the household and ISD are reasonably certain shall be received during the remainder of the certification period.
(1) If the amount of income or date of receipt is uncertain, that portion of the household's income that is uncertain shall not be counted.
(2) If the exact amount of the income is not known, that portion of the income which can be anticipated with reasonable certainty shall be considered income.
(3) In cases where the receipt of income is reasonably certain but the monthly amount may fluctuate, a household may choose to average its income.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 500 - FINANCIAL ELIGIBILITY - NEED DETERMINATION › Section 8.139.500.11 - DETERMINING DEDUCTIBLE EXPENSES

Current through Register Vol. 35, No. 13, July 16, 2024
Household expenses which can be deducted from income include only certain costs of dependent care, child support, medical and shelter expenses.
A. Expenses not allowed as deductions:
(1) Vendor payments and reimbursements: An expense covered by an excluded reimbursement or vendor payment is not deductible. Vendor payments are those paid directly to a household's creditors by a non-household member, while reimbursements are paid to a household after it has paid creditors.
(2) Reimbursable medical expenses: That portion of an allowable medical expense which is reimbursable will not be included as a household's medical expense when calculating the medical expense deduction.
(3) Service provided by household member: Expenses will be deductible only for a service provided by someone outside a participating household, and for which the household makes a money payment. Only money received from an outside source is considered income to a household; money paid to a provider outside the household is counted as a deductible expense.
(4) Child care expenses: Child care expenses which are reimbursed or paid for by the Jobs Opportunities and Basic Skills Training Program (JOBS) under Title IV-F of the Social Security Act 42 USC 681 or the transitional child care (TCC) program will not be deductible when calculating the dependent care deduction allowed for a household.
(5) Child support expenses: A child support deduction will not be allowed if the household does not report or verify its monthly child support payment or a change in its legal obligation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 500 - FINANCIAL ELIGIBILITY - NEED DETERMINATION › Section 8.139.500.12 - ESTABLISHING CERTIFICATION PERIODS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The caseworker shall establish a definite period of time within which a household is eligible to receive benefits.
B. Entitlement to SNAP benefits ends at the expiration of the household's certification period. Continued eligibility is determined only when an application has been filed, an interview held, and all verification provided.
C. Under no circumstances shall benefits be continued beyond the end of a certification period without a redetermination of eligibility.
D. A household shall be provided with an expiration notice before or at the beginning of the last month of a certification period.
E. If a household is determined eligible for the initial month but ineligible the following month, it shall be certified for one month only. Conversely, a household may be ineligible for the month of application but eligible for the following month(s). If the household is denied for the month of application, it does not need to file a new application for the following month.
F. Conformity with calendar month: Certification periods shall conform to calendar months. At the initial application, the first month in the certification period is the month of application, even if the household's eligibility is not determined until a later month.
G. Length of certification period: All households will be assigned to simplified reporting and shall be assigned a certification period in accordance with Subsection A of 8.139.120.9 NMAC. Households shall be assigned the longest certification period possible based on the stability of the household's circumstances. A certification period cannot exceed 12 months, except for households in which all adult members in the household are elderly or disabled. Households in which all members are elderly or disabled will be assigned a 24-month certification period. At least one contact with each certified household shall be made every 12 months.
H. Shortening the certification period:
(1) The caseworker may not end a household's certification period earlier than its assigned termination date, unless the caseworker receives information that the household has become ineligible, or the household has not taken action to clarify or provide verification of a change in household circumstances for which the caseworker has requested verification.
(2) Loss of cash assistance or a change in employment status is not sufficient to meet the criteria necessary for shortening a certification period.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 501 - TRANSITIONAL FOOD STAMP BENEFIT ELIGIBILITY › Section 8.139.501.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The food stamp program is authorized by the Food Stamp Act of
				  1977 as amended (7 U.S.C.
				  2011 et. seq.). Regulations issued pursuant
				  to the act are contained in 7 CFR Parts 270-282. State authority for
				  administering the food stamp program is contained in Chapter 27 NMSA
				  1978.
Administration of the health care authority (HCA) including
				  its authority to promulgate regulations, is governed by Chapter 9, Article 8,
				  NMSA 1978 (Repl. 1983). 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 139 - FOOD STAMP PROGRAM › Part 501 - TRANSITIONAL FOOD STAMP BENEFIT ELIGIBILITY › Section 8.139.501.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 1, 2003, unless a later date is cited at the end
				  of a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 501 - TRANSITIONAL FOOD STAMP BENEFIT ELIGIBILITY › Section 8.139.501.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of transitional food stamp benefit assistance
				  is to maximize the food purchasing power for and assist in the transition of
				  TANF households that also receive food stamp benefits when the TANF household
				  faces termination of cash assistance benefits. Transitional food stamp benefit
				  assistance is authorized by the Farm Security and Rural Investment Act of 2002,
				  also known as the "Farm Bill, at Title IV, Section 4115.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 501 - TRANSITIONAL FOOD STAMP BENEFIT ELIGIBILITY › Section 8.139.501.8 - TRANSITIONAL FOOD STAMP BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Requirement:
Transitional food stamp (TFS) benefits shall be
				extended to households that receive food stamp benefits and also receiving
				payments from one of the following cash assistance programs:
(1) TANF; or
(2) New Mexico education works; or
(3) transition bonus program; or
(4) GA dependent child program
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 501 - TRANSITIONAL FOOD STAMP BENEFIT ELIGIBILITY › Section 8.139.501.9 - TRANSITIONAL BENEFIT PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Determining the transitional benefit period:
The transitional
				benefit period shall be determined prospectively. TFS shall be issued for five
				months beginning in the month after the final cash assistance payment is
				received.
B.
Continuing the
				transitional benefit period:
The five-month transitional benefit period
				shall continue even if:
(1) the food stamp
				household's certification period expires during the transitional benefit
				period; or
(2) the household's
				certification period exceeds twelve months.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 501 - TRANSITIONAL FOOD STAMP BENEFIT ELIGIBILITY › Section 8.139.501.10 - DETERMINING THE TRANSITIONAL FOOD STAMP BENEFIT AMOUNT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Calculating the TFS benefit
				amount:
The TFS benefit amount for the transitional benefit period shall
				be determined by continuing to count:
(1) all
				the earned income that was used to calculate the food stamp benefit amount,
				except that any new income that caused the cash assistance to be terminated
				shall be excluded; and
(2) all the
				unearned income that was used to calculate the food stamp benefit amount,
				except that the TANF cash assistance payment shall be excluded.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 501 - TRANSITIONAL FOOD STAMP BENEFIT ELIGIBILITY › Section 8.139.501.11 - REPORTING REQUIREMENTS DURING THE TRANSITIONAL BENEFIT PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Suspending
				reporting requirements for TFS households:
ISD will suspend all
				reporting requirements during the TFS household's transitional benefit
				period.
B.
Requirement to
				provide the TFS household with change reporting information during the
				transitional benefit period:
(1) A
				SNAP household that becomes eligible for TFS benefits shall be advised that a
				change in address should be reported in order to ensure that the household
				continues to receive notices or other mail from the department during the
				transitional benefit period.
(2) A
				SNAP household that becomes eligible for TFS benefits shall be advised that the
				household is not required to report any changes in the household's
				circumstances during the transitional benefit period.
(3) A TFS household shall be advised that the
				household may file an application for recertification during the transitional
				benefit period if a change has occurred that will most likely increase the
				household's SNAP benefit amount, such as, but not limited to the addition of a
				new household member with no income of his own or the loss of income for a
				household member.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 501 - TRANSITIONAL FOOD STAMP BENEFIT ELIGIBILITY › Section 8.139.501.12 - CONTINUING SNAP AFTER THE TRANSITIONAL BENEFIT PERIOD

Current through Register Vol. 35, No. 13, July 16, 2024
A. A household receiving TFS shall be
				recertified using the recertification requirements at
				7
				CFR 273.14(b) to determine
				if they can continue receiving a SNAP benefit after the transitional period.
				The recertification requirements shall inform the TFS household of the
				expiration of the transitional benefit period and the need to reapply in the
				fifth month of the transitional benefit period in order to determine the
				household's eligibility to continue participation in the SNAP
				program.
B. A TFS household shall
				be required to file an application for recertification and to complete the
				recertification process in the fifth month of the transitional benefit period
				to determine continued eligibility to participate in SNAP.
(1) If otherwise eligible, the SNAP household
				shall be assigned a new certification period beginning the month following the
				expiration of the transitional benefit period.
(2) A household that fails to file an
				application or to complete the application process in the fifth month of the
				transitional benefit period shall lose eligibility to continue participation in
				SNAP.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 501 - TRANSITIONAL FOOD STAMP BENEFIT ELIGIBILITY › Section 8.139.501.13 - TERMINATING TRANSITIONAL FOOD STAMP BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
The TFS benefit shall be terminated if the food stamp
				  household:
A. files an application for
				recertification at the end of the transitional benefit period and is either
				approved for a new certification period or denied continued food stamp
				benefits;
B. files an application
				for recertification during the transitional benefit period in order to change
				the food stamp benefit amount;
C.
				requests closure of the food stamp case in writing;
D. files an application for cash assistance
				and is approved for a new certification period; or
E. moves out of state.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 502 - STATE FOOD STAMP SUPPLEMENT › Section 8.139.502.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The food stamp program is authorized by the Food Stamp Act of
				  1977 as amended (7 U.S.C.
				  2011 et. seq.). Regulations issued pursuant
				  to the act are contained in 7 CFR Parts 270-282.
State authority for administering the food stamp program is
				  contained in Chapter 27 NMSA 1978. Administration of the health care authority
				  (HCA), including its authority to promulgate regulations, is governed by
				  Chapter 9, Article 8, NMSA 1978 (Repl. 1983). 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 139 - FOOD STAMP PROGRAM › Part 502 - STATE FOOD STAMP SUPPLEMENT › Section 8.139.502.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of the state food stamp supplement benefit is
				  to reduce hunger and improve nutrition among the elderly or disabled by
				  increasing their ability to purchase food and meet their dietary
				  needs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 502 - STATE FOOD STAMP SUPPLEMENT › Section 8.139.502.8 - STATE SNAP SUPPLEMENT BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Purpose:
The state SNAP supplement program is aimed at providing
				the elderly and disabled with increased food purchasing power resulting in
				better nutrition.
B.
Maximum
				benefit amount:
The benefit amount shall be established by the HSD
				secretary based on available state funds.
C.
Eligibility process:
The
				state SNAP supplement shall be determined only for households that meet all
				eligibility requirements identified in Subsection D of
				8.139.502.8 NMAC.
D.
Eligibility requirements:
The
				state SNAP supplement benefits shall be subject to all federal SNAP
				application, eligibility, certification and reporting requirements. The state
				SNAP supplement benefits shall be extended only to a household who receives
				less than the federal minimum benefit allotment. State SNAP supplement benefits
				shall be provided to a household under the following qualifications and
				eligibility requirements:
(1) all household
				members qualify and receive federal SNAP program benefits;
(2) all household members are elderly or
				disabled as defined in Subsection A of
				8.139.100.7 NMAC.
(3) the household does not receive any earned
				income; and
(4) the household
				receives a federal SNAP program allotment amount, prior to any claim
				recoupment, of less than or equal to the federal minimum allotment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 502 - STATE FOOD STAMP SUPPLEMENT › Section 8.139.502.9 - DETERMINING THE BENEFIT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Application:
A household shall not be required to submit an
				application in addition to the application for federal SNAP benefits to qualify
				or be determined eligible for the state SNAP supplement amount.
B.
Eligibility determination:
Eligibility shall be determined for a household meeting all eligibility
				requirements at:
(1) the time of application
				approval;
(2) the time of
				recertification;
(3) the month
				following a reported change which qualifies the household; or
(4) the month following a change that becomes
				known to the agency in which the change qualifies the household; or
(5) at time of implementation of this
				program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 502 - STATE FOOD STAMP SUPPLEMENT › Section 8.139.502.10 - BENEFIT ISSUANCE AND DELIVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Benefit issuance:
The state
				food stamp supplement benefits are issued at the same time as the federal food
				stamp benefits, through issuance into a household's electronic benefit transfer
				(EBT) food stamp account as defined in 8.139.610 NMAC.
B.
Expungement:
The state food
				stamp supplement shall be subject to expungement in accordance with 8.139.610.8
				NMAC.
C.
Issuance and
				replacement of EBT card:
To access and use the state food stamp
				supplement benefit, the household may use the same EBT card issued for the
				federal food stamp benefits.
D.
Approval notification:
Upon approval of the state food stamp
				supplement benefit, the household shall be notified of the new food stamp
				benefit amount and the notice shall be mailed to the applicant as per
				8.139.110.14 NMAC.
E.
Household use of state food stamp supplement benefits:
The household
				shall only be allowed to use the state food stamp supplement for food purchases
				in accordance with 8.139.610.11 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 502 - STATE FOOD STAMP SUPPLEMENT › Section 8.139.502.11 - OVERPAYMENT AND RECOUPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Overpayment:
A household that has received the state food stamp
				supplement benefit and has been determined ineligible or does not qualify for
				some or all of the state food stamp supplement benefit shall not have a claim
				established against the household for the state food stamp supplement benefit
				amount.
B.
Recoupment:
(1) The household shall
				not be required to repay any amount of the state food stamp supplement benefit
				due to an established claim or overpayment of the federal food stamp
				benefit.
(2) The household shall
				remain subject to claim establishment and recoupment for the federal portion of
				the food stamp benefit in accordance with 8.139.640 NMAC.
(3) The human services department may not
				recoup any portion of the state food stamp supplement without the household
				agreeing to the collection.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 503 - NEW MEXICO MODIFIED COMBINED APPLICATION PROJECT › Section 8.139.503.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The food stamp program is authorized by the Food Stamp Act of
				  1977 as amended (7 U.S.C.
				  2011 et. seq.). Regulations issued pursuant
				  to the act are contained in 7 CFR Parts 270-282. State authority for
				  administering the food stamp program is contained in Chapter 27 NMSA, 1978.
				  Administration of the health care authority (HCA), including its authority to
				  promulgate regulations, is governed by Chapter 9, Article 8, NMSA 1978 (Repl.
				  1983). 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 139 - FOOD STAMP PROGRAM › Part 503 - NEW MEXICO MODIFIED COMBINED APPLICATION PROJECT › Section 8.139.503.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of the New Mexico Modified Combined Application
				  Project (NMCAP) is to increase access to the nutrition benefits offered by the
				  food stamp program among elderly and disabled populations receiving
				  supplemental security income (SSI). The combined application project will
				  increase the ability to purchase food and meet dietary needs. The combined
				  application project for food stamp benefit assistance is authorized by a state
				  demonstration project via a joint partnership with food and nutrition services
				  (FNS) and social security administration (SSA).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 503 - NEW MEXICO MODIFIED COMBINED APPLICATION PROJECT › Section 8.139.503.8 - PROGRAM ELIGIBILTY

Current through Register Vol. 35, No. 13, July 16, 2024
Benefits shall be processed, allotment determined and
				  certification periods assigned based on the waiver guidelines as approved by
				  FNS.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 503 - NEW MEXICO MODIFIED COMBINED APPLICATION PROJECT › Section 8.139.503.9 - BASIS FOR DEFINING GROUP (HOUSEHOLD COMPOSITION)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Household:
An applicant can
				opt to receive NMCAP benefits if the applicant:
(1) receives federal SSI benefits;
				and
(2) is not institutionalized;
				and
(3) does not received benefits
				through the food distribution program on Indian reservations (FDIPR);
				and
(4) is twenty-two years of age
				or older; and
(5) is eligible for
				separate household status; or
(6)
				lives with a spouse as defined in Paragraph (31) of Subsection B of 8.139.100.7
				NMAC, who also receives SSI benefits; or
(7) is living with others but buys and cooks
				food separately from others; and
(8) at the time application or
				recertification for NMCAP the household has no earned income.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 503 - NEW MEXICO MODIFIED COMBINED APPLICATION PROJECT › Section 8.139.503.10 - APPLICATION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Opt
				in/out:
An applicant can choose to receive benefits through the regular
				food stamp program if:
(1) combined shelter
				and utility expenses, as defined at 8.139.520.11 NMAC, are greater than
				$315.00; or
(2) out-of-pocket
				medical expenses, as defined at 8.139.520.11 NMAC, are at least $35.00 a
				month.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 503 - NEW MEXICO MODIFIED COMBINED APPLICATION PROJECT › Section 8.139.503.11 - CASE MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Interviews:
NMCAP applicants are not required to see an ISD caseworker
				or be otherwise subjected to an interview, although additional information or
				verification may be requested.
B.
Certification periods:
Eligible households shall be assigned to a
				36-month certification period, and with no interim contact.
C.
Reporting requirements:
All
				information received by the department from the SSA data interface will be
				deemed as true and accurate for reported changes.
D.
Actions on reported changes:
NMCAP recipients are subject only to the reporting standards of SSA and all
				data sent to the department monthly. Within ten days of receipt the department
				shall act on the following changes:
(1) death
				of a household member;
(2) loss of
				SSI eligibility;
(3) changes in
				state residency;
(4) a member of
				the household's institutional status has changed; or
(5) change in shelter cost.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 503 - NEW MEXICO MODIFIED COMBINED APPLICATION PROJECT › Section 8.139.503.12 - BENEFIT DELIVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Effective date:
Benefits for the initial month of certification shall be
				prorated from the date of application according to the standard SNAP program
				tables at 8.139.500 NMAC.
B.
Benefit issuance:
NMCAP are issued through a direct deposit into a
				household's electronic benefit transfer (EBT) account. EBT cards are issued and
				maintained as defined at 8.139.610 NMAC. An NMCAP participating household has a
				definite issuance date so that benefits are received on or about the same time
				each month. The issuance date is based on the last two digits of the social
				security number of the individual to whom the benefits are issued.
C.
Benefit calculation:
Benefits are issued based on the household's total monthly shelter costs as
				defined at Subsection F of 8.139.520.11 NMAC. Benefit amounts shall be subject
				to review and adjustment in coordination with the regular food stamp program
				and the cost neutrality study. Monthly NMCAP benefit amounts are based on the
				following for:
(1) monthly shelter costs
				equal to or less than $315.00, the maximum benefit amount is $33.00;
				and
(2) monthly shelter costs
				greater than $315.00, the maximum benefit amount is $68.00.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 503 - NEW MEXICO MODIFIED COMBINED APPLICATION PROJECT › Section 8.139.503.13 - OVERPAYMENT AND RECOUPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Overpayment:
A household that has received NMCAP benefits and has
				been determined ineligible or does not qualify for some or all of the NMCAP
				benefit shall have a claim established against the household for the NMCAP
				benefit amount in accordance with 8.100.640 NMAC.
B.
Recoupment:
(1) The household shall be required to repay
				any amount of the NMCAP benefit due to an established claim or overpayment of
				the NMCAP benefit.
(2) The
				household shall remain subject to claim establishment and recoupment for the
				NMCAP benefit in accordance with 8.100.640 NMAC.