New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 420 - RECIPIENT POLICIES - SPECIAL RECIPIENT REQUIREMENTS › Section 8.102.420.11 - NMW/ TANF LIMITED WORK PARTICIPATION STATUS DETERMINATION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Eligibility: To
				be eligible for a limited work participation status, a participant must meet at
				least one of the criteria below as verified by the HCA:
(1) Who is age 60 or older.
(2) A single parent, not living with the
				other parent of a child in the home, or caretaker relative with no spouse, with
				a child under the age of 12 months. A participant may be eligible for a limited
				work participation status using this qualification for no more than 12 months
				during the participant's lifetime.
(3) A single custodial parent caring for a
				child less than six years of age or who is a medically fragile child if the
				parent is unable to obtain child care for one or more of the following reasons
				and the children, youth and families department (CYFD) certifies as to the
				unavailability or unsuitability of child care:
(a) the unavailability of appropriate child
				care within a reasonable distance from the parent's home or work site;
				or
(b) the unavailability or
				unsuitability of appropriate and affordable formal child care by a relative or
				under other arrangements; or
(c)
				the unavailability of appropriate and affordable formal child care by a
				relative or under other arrangements;
(4) A participant who is a woman in her third
				trimester of pregnancy, or six weeks post partum.
(5) A participant whose personal
				circumstances preclude participation for a period not to exceed 30 consecutive
				days in a calendar year.
(6) A
				participant who demonstrates by reliable medical, psychological or mental
				reports, court orders, police reports, or personal affidavits (if no other
				evidence is available), that family violence or threat of family violence
				effectively bars the parent from employment.
(7) A participant who is completely impaired,
				either temporarily or permanently, as determined by IRU.
(8) A participant may be entitled to the
				family violence option (FVO). This option allows for a parent in a domestic
				violence environment to be in a limited work participation status for the
				length of time certified by a trained domestic violence counselor. The
				certification shall indicate that the parent is in a domestic violence
				environment which makes them eligible for a limited work participation status.
(a) A participant's FVO limited work
				participation status shall be reviewed every six months and shall be determined
				by IRU based on the domestic violence counselor's certification.
(b) A participant who can continue to comply
				with work requirements as certified by a trained domestic violence counselor
				may be eligible for a limited work participation status for 24 weeks as
				described in
				8.102.461.15
				NMAC.
(9) A participant
				who is the sole provider of the care for an ill or incapacitated person. In
				order to meet this exception, the participant must show that the parent is the
				sole caretaker for a disabled person and must demonstrate that the participant
				cannot be out of the home for the number of hours necessary to meet standard
				work participation hours. The following apply to caretaker conditions in
				determining if the standard work participation rate applies or if a limited
				work participation rate will be granted:
(a)
				Only those care activities around which work program activities cannot be
				scheduled are taken into consideration.
(b) Food purchase and preparation activities,
				home maintenance chores, etc. are activities which may be scheduled and
				performed at time other than work program participation hours and are not taken
				into consideration when determining the standard work participation
				rate.
(c) A requirement to be on
				call for the medical emergencies of a medically fragile person is taken into
				consideration in determining the standard work participation rate for the
				participant.
(10) A
				participant may demonstrate good cause for the need for the limited work
				participation status. A good cause limited work participation status may exist
				and shall be determined by the HCA based on the participant's existing
				condition(s) to include any barriers identified during the NMW assessment
				process that impair an individual's ability to comply with the standard work
				participation rate or capacity to work.