New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.102.510.11 - RESOURCE AVAILABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Availability: Resources that are actually available or which are considered to
				be available are considered in determining eligibility for assistance. For
				purposes of cash assistance eligibility, the countable resources of all benefit
				group members shall be considered to be available to the benefit group. The
				resource determination shall be made based upon the status of resources on the
				first moment of the first day of each month. Subsequent changes shall not
				effect the determination of eligibility or ineligibility until the first moment
				of the first day of the following month.
B. Potentially available resources: The
				benefit group is required to take all appropriate steps to make available to
				itself any property resources to which the group may be entitled but whose
				value is not currently available, which includes, but is not limited to, an
				inheritance, where the estate has not yet gone through probate. The fact that
				specific property is not readily marketable on the client's terms is not a
				condition prohibiting transfer. The current value of property, which must be
				partitioned in order to be accessible, is not considered available if the net
				value (after estimated costs of partition and other closing costs) is less than
				the resource limit. If the amount likely to be derived from the applicant's or
				recipient's share of the property exceeds the resource limit, the applicant or
				recipient will be required to initiate attempts to obtain the recipient's share
				of the estate.
C. SSI recipients
				and other non-members: The property of individuals receiving SSI or of other
				non-members shall not be considered available, regardless of relationship to
				benefit group members, except as indicated in E. below.
D. Non-citizen sponsor: The gross income and
				resources belonging to an individual who is the sponsor of a non-citizen
				included in the cash assistance benefit group, and the income belonging to the
				sponsor's spouse, shall be counted in its entirety to determine the eligibility
				and payment amount if the sponsor has executed an affidavit of support pursuant
				to Subsection 213-A of the Immigration and Nationality Act. The income and
				resources of the non-citizen sponsor, and spouse, shall be counted until the
				sponsored noncitizen achieves citizenship or can be credited with 40 qualifying
				quarters under title II of the federal Social Security Act.
E. Deeming resources: A liquid resource owned
				by a parent of a minor parent living in the home, shall be deemed on a pro rata
				basis, unless the parent of the minor parent receives SSI.
F. Joint property:
(1) Joint resources: Resources owned jointly
				by separate benefit groups shall be considered available in their entirety to
				each benefit group, unless it can be demonstrated by an applicant or recipient
				that such resources are inaccessible to it. The benefit group must verify that:
(a) it does not have the use of the
				resource;
(b) it did not make the
				purchase or down payment;
(c) it
				does not make the continuing loan payments; and
(d) the title is transferred to or retained
				by the other benefit group;
(e) if
				a benefit group can demonstrate that is has access to only a part of the
				resource, the value of that part is counted toward the benefit group's resource
				level; a resource will be considered totally inaccessible, if it cannot be
				practically subdivided and the benefit group's access to the value of the
				resource is dependent on the agreement of a joint owner who refuses to comply;
				for purposes of this provision, ineligible non-citizens or disqualified
				individuals residing with a benefit group are considered benefit group
				members.