reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.102.110.13 - DISPOSITION OF APPLICATION/NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Denials: If an application is denied, ISD
				shall issue a written notice to the applicant of a denial. The denial notice
				shall include the date of denial, reason for denial, the regulation under which
				the denial was made, the applicant's right to a fair hearing concerning the
				denial, and the time limits for filing a fair hearing request. The notice shall
				also explain that the applicant may discuss the decision with the caseworker,
				supervisor, or county director.
B.
				Approvals: If the application is approved, the applicant shall be notified by
				mail or by electronic means which may include the YES-New Mexico web portal.
				The notice shall report the initial month of eligibility, amount of payment,
				how the payment is calculated, and the members who have been determined
				eligible.
C. Application
				withdrawal: An applicant may voluntarily withdraw the application at any time
				before eligibility determination. An effort shall be made to confirm the
				applicant's desire to withdraw the application. Applicants shall be advised
				that withdrawal of the application has no effect upon the right to apply for
				assistance in the future.
D. Tribal
				TANF requirements:
(1) If an applicant fails
				to provide documentation of denial for tribal TANF within 30 days, the NMW
				application shall be:
(a) held for 30 days
				beginning with the day after the date of application;
(b) denied on the 30th day or on the next
				business day if the 30th is not a business day.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.102.110.14 - APPROVAL EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
NMW cash assistance shall be approved effective the date of
				  authorization or no later than 30 days following the date of application,
				  whichever is earlier. Payment in the initial month shall be prorated from the
				  date of authorization.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.102.110.15 - ELECTRONIC CASE FILE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Documents in paper format will be imaged into an electronic case file (ECF).
				The ECF is located within the automatic system program and eligibility network
				(ASPEN). ASPEN will digitize the volume of paper documents received from
				individuals and manage them electronically in a centralized
				repository.
B. Implementation of
				the electronic document management solution provides ISD the capability to
				administer and manage eligibility related processes and tasks.
C. Once the existing paper case files are
				imaged the electronic record will be considered the official record.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 120 - ELIGIBILITY POLICY - CASE ADMINISTRATION › Section 8.102.120.3 - 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 supplemental nutrition assistance program
				(SNAP) 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 120 - ELIGIBILITY POLICY - CASE ADMINISTRATION › Section 8.102.120.5 - 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 120 - ELIGIBILITY POLICY - CASE ADMINISTRATION › Section 8.102.120.6 - 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 120 - ELIGIBILITY POLICY - CASE ADMINISTRATION › Section 8.102.120.9 - ELIGIBILITY REVIEWS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Follow-up
				reviews:
(1) A follow-up review shall be
				scheduled during a certification period whenever information becomes known to
				the county office indicating a possible change in a benefit group's
				circumstances that may affect eligibility or payment amount.
(2) Review of a specific condition may be
				made by home visit, office visit, third party contacts or correspondence as
				needed.
(3) Circumstances which may
				require follow-up review include, but are not limited to:
(a) change in NMW participation work
				requirements;
(b) school attendance
				of children age six or older;
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 120 - ELIGIBILITY POLICY - CASE ADMINISTRATION › Section 8.102.120.10 - HANDLING BENEFIT GROUP AND RESIDENCE STATUS CHANGES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Change of name or payee:
Whenever there is a change in a participant's name or the payee for cash
				assistance, the caseworker shall immediately make the appropriate changes.
(1) New caretaker:
(a) If a new caretaker assumes responsibility
				for a dependent child in a case, the case shall be closed and a new application
				processed.
(b) If the new caretaker
				is already payee for other dependent children, the cash assistance case of the
				children being transferred to the new payee shall be closed, an add-on
				application shall be processed, and the children added to the existing benefit
				group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 120 - ELIGIBILITY POLICY - CASE ADMINISTRATION › Section 8.102.120.11 - SIMPLIFIED REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
Simplified reporting (SR) is a periodic reporting requirement
				  for benefit groups that receive NMW cash assistance. A benefit group assigned
				  to SR must file an interim report form in the sixth month of a 12-month
				  certification period.
A. Certification
				period:
(1) Initial application: A benefit
				group that is applying for both SNAP and NMW, shall be assigned a NMW
				certification period that ends in the same month as the SNAP certification
				period with the exception of those SNAP benefit groups assigned to a 24-month
				certification.
(2) An initial
				applicant for NMW that is already participating and assigned to simplified
				reporting in the SNAP program:
(a) if approved
				for NMW, shall be assigned a NMW certification period that will end the same
				month as the SNAP certification period; and
(b) must file an interim report form in the
				same month that one is due in the SNAP program;
(c) if NMW is approved in the same month an
				interim report form is due in the SNAP program, the requirement in Subparagraph
				(b), above, is waived for NMW.
(3) A benefit group that is approved for NMW,
				but does not receive SNAP shall be assigned a twelve-month certification
				period:
(a) beginning the first month of
				eligibility; and
(b) shall have an
				interim report form due in the sixth month of the NMW certification
				period.
(4) A benefit
				group that is receiving NMW and applies for SNAP shall have NMW eligibility
				re-determined at the same time that the SNAP eligibility is determined.
(a) If NMW benefits increase, the increase
				shall be effective the month following the first month of approval for SNAP and
				NMW shall be assigned a certification period that ends in the month the
				simplified reporting SNAP certification ends.
(b) If approved for SNAP and the NMW benefit
				decreases, the decrease shall be effective the month following the month the
				NOAA expires, and the NMW benefit group shall be assigned a certification
				period that ends in the same month the SNAP certification ends.
(c) If approved for SNAP and the NMW benefit
				is terminated, the termination shall be effective the month following the month
				the NOAA expires, and the SNAP case shall be transitioned to TFS.
(5) Recertification: A benefit
				group that is recertifying and is approved and assigned to simplified reporting
				shall be assigned a certification period that:
(a) is 12 months long;
(b) begins the month after the current
				certification ends; or
(c) is set
				to end in the same month as a SNAP case with a common member.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 230 - GENERAL FINANCIAL - PAYABLES AND DISPERSEMENT › Section 8.102.230.3 - 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 financial 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 230 - GENERAL FINANCIAL - PAYABLES AND DISPERSEMENT › Section 8.102.230.5 - 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 230 - GENERAL FINANCIAL - PAYABLES AND DISPERSEMENT › Section 8.102.230.6 - 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, assisting parents to develop
				the discipline necessary for self-sufficiency and to improve their self-esteem.
				The further purpose of the program is to increase family income through family
				employment and child support and by viewing financial assistance as a support
				service to enable and assist parents to participate in employment.
B. The objective of general assistance is to
				provide financial assistance to dependent needy children and disabled adults
				who are not eligible for assistance under a federally matched financial
				assistance program like NMW or the federal program of supplemental security
				income (SSI).
C. The objective of
				the supplement for residential care program is to provide a cash assistance
				supplement to SSI recipients who reside in licensed adult residential care
				homes.
D. The objective of the
				burial assistance program is to assist in payment of burial expenses for
				deceased, low-income individuals.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 230 - GENERAL FINANCIAL - PAYABLES AND DISPERSEMENT › Section 8.102.230.9 - DEATH OF CLIENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Payment:
Payment may be made on behalf of a client who died before
				an EBT withdrawal was made, if the client was alive on the first day of the
				month for which cash assistance benefits were issued, and all eligibility
				conditions were met at the time of death. The person authorized to use the
				deceased recipient's benefits is the surviving spouse, next of kin, or a person
				with responsibility for the deceased recipient's affairs.
B.
Withdrawing EBT benefits:
When payment is made in accordance with these procedures, the county office
				shall not restrict or dictate the use of the money paid.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 400 - RECIPIENT POLICIES - DEFINING THE ASSISTANCE GROUP › Section 8.102.400.3 - 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 authority 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 400 - RECIPIENT POLICIES - DEFINING THE ASSISTANCE GROUP › Section 8.102.400.5 - 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 400 - RECIPIENT POLICIES - DEFINING THE ASSISTANCE GROUP › Section 8.102.400.6 - 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 carrier
				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 400 - RECIPIENT POLICIES - DEFINING THE ASSISTANCE GROUP › Section 8.102.400.8 - WHO CAN BE A RECIPIENT

Current through Register Vol. 35, No. 13, July 16, 2024
To be a recipient of cash assistance, a person must be
				  individually eligible according to requirements set forth in 8.102.410 NMAC and
				  8.102.420 NMAC. The person or persons meeting individual eligibility
				  requirements and for whom application has been or must be made constitute the
				  benefit group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 400 - RECIPIENT POLICIES - DEFINING THE ASSISTANCE GROUP › Section 8.102.400.9 - BASIS FOR DEFINING THE BENEFIT GROUP

Current through Register Vol. 35, No. 13, July 16, 2024
A. At time of application for cash assistance
				and services, an applicant and the HCA shall identify everyone who is to be
				considered for inclusion in the benefit group. A decision to request assistance
				for a specific individual may require the inclusion of other individuals as
				well. There may be more than one benefit group in a residence.
B. ISD shall add or delete a person from the
				benefit group upon request of the household, except when the participant is a
				mandatory benefit group member. Changes in benefit group composition must be
				evaluated as it may affect who must be included in the benefit group.
C. Benefit groups containing dependent
				children: The benefit group for the NMW cash assistance program or EWP cash
				assistance program consists of a pregnant woman or a group of people that
				includes a dependent child, all of that dependent child's full, half, step- or
				adopted siblings living with dependent child's parent or relative within the
				fifth degree of relationship and the parent with whom the children live and the
				spouse of a parent.
D. NMW Adult
				only benefit groups: An adult only benefit group may consist of:
(1) a parent or relative, and the spouse of
				the parent or relative, when all of the dependent children are receiving
				SSI;
(2) a pregnant woman in her
				third trimester of pregnancy who has no dependent children living with her and
				the father of the unborn child, if he is living in the
				home.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 400 - RECIPIENT POLICIES - DEFINING THE ASSISTANCE GROUP › Section 8.102.400.10 - MANDATORY MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
Certain participants must be included in the dependent child
				  assistance group, provided they meet the eligibility requirements.
A. Include the dependent child who is the
				natural child, adopted child, or stepchild who is 17 years of age or younger or
				who are 18 years of age and enrolled in high school.
B. Include all of that dependent child's
				full, half, step siblings or adopted siblings living with the dependent
				child.
C. Include the natural
				parent, adoptive parent, or stepparent of the dependent child for whom
				assistance is being requested.
D.
				Include in the benefit group the parent of any child included in the budget
				group and the spouse of the parent, if living in the home.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 400 - RECIPIENT POLICIES - DEFINING THE ASSISTANCE GROUP › Section 8.102.400.11 - OPTIONAL MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
NMW dependent child benefit groups may include in the benefit
				  group:
A. any unrelated dependent
				child living in the home;
B. the
				specified relative who is a caretaker and who is within the fifth degree of
				relationship and the specified relative's spouse, if the parent is not living
				in the home;
C. any dependent child
				who is within the fifth degree of relationship and not full, half, step or
				adopted sibling of the dependent child whom the assistance is
				requested;
D. the legal guardian(s)
				of the dependent child.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 400 - RECIPIENT POLICIES - DEFINING THE ASSISTANCE GROUP › Section 8.102.400.14 - NMW LIVING ARRANGEMENTS - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. For a NMW benefit group to exist, a
				dependent child must be living in the home of a parent or specified relative as
				specified in
				8.102.400.15 NMAC. The relative
				must be the primary caretaker for the child and must be within the fifth degree
				of relationship, as determined by New Mexico's Uniform Probate Practice Code
				(see Subsection A of
				8.102.400.16 NMAC). To be
				considered as the caretaker, the specified relative in a NMW benefit group, the
				participant must be living, or considered to be living, in the home with the
				child.
B. A child or the caretaker
				relative may in certain situations be temporarily domiciled away from home, but
				nonetheless be considered as living at home. Such situations result when the
				parent or caretaker relative has decided to domicile the child elsewhere
				because of a specific need identified by the parent or caretaker relative and
				provided that the parent or caretaker relative remains responsible for
				providing care and support to the child and retains parental control over the
				child.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 400 - RECIPIENT POLICIES - DEFINING THE ASSISTANCE GROUP › Section 8.102.400.15 - NMW LIVING IN THE HOME

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Basic requirements:
(1) To be eligible for
				inclusion in the NMW cash assistance benefit group, the dependent child must
				live with a parent or a specified relative acting as the head of household. A
				child lives with a participant when:
(a) the
				participant's home is the primary place of residence for the child, as
				evidenced by the child's customary physical presence in the home;
(b) the participant may or may not be the
				child's parent or caretaker;
(c)
				the caretaker is the person taking primary responsibility for the care of the
				child, the caretaker will be a parent, relative or it may be an unrelated
				adult; the caretaker may or may not be the head of household.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 400 - RECIPIENT POLICIES - DEFINING THE ASSISTANCE GROUP › Section 8.102.400.16 - RELATIONSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
A. NMW requirement
(1) The following relatives are within the
				fifth degree of relationship to the dependent child:
(a) father (biological or
				adoptive);
(b) mother (biological
				or adoptive);
(c) grandfather,
				great grandfather, great-great grandfather, great-great-great
				grandfather;
(d) grandmother,
				great-grandmother, great-great-grandmother, great-greatgreat
				grandmother;
(e) spouse of child's
				parent (stepparent);
(f) spouse of
				child's grandparent, great grandparent, great-great grandparent,
				great-great-great grandparent (stepgrandparent);
(g) brother, half-brother, brother-in-law,
				stepbrother;
(h) sister,
				half-sister, sister-in-law, stepsister;
(i) uncle of the whole or half-blood,
				uncle-in-law, great uncle, great-great uncle;
(j) aunt of the whole or half blood,
				auntin-law, great aunt, great-great aunt;
(k) first cousin and spouse of first
				cousin;
(l) son or daughter of first
				cousin (first cousin once removed);
(m) son or daughter of great aunt or great
				uncle (first cousin once removed) and spouse;
(n) nephew/niece and spouses.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.102.410.3 - 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 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.102.410.5 - 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 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.102.410.6 - 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 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 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.102.410.8 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
This section describes eligibility requirements which each
				  recipient of cash assistance must meet in order to be included in the benefit
				  group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.102.410.9 - ENUMERATION

Current through Register Vol. 35, No. 13, July 16, 2024
The participant, or the specified relative on behalf of a
				  dependent child, must report the participant's social security number (SSN)
				  within 60 days of approval for the cash assistance program. Failure to meet
				  this requirement shall result in ineligibility for the benefit group member
				  without a reported or verified SSN.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.102.410.10 - CITIZENSHIP AND NON-CITIZEN STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Eligibility for TANF funded cash
				assistance:
(1) Participation in the NMW cash
				assistance program is limited to a U.S. citizen, a naturalized citizen or a
				noncitizen U.S. national.
(2) A
				noncitizen, other than a non-citizen U.S. national, must be both a qualified
				and eligible non-citizen in order to participate in the NMW cash assistance
				program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.102.410.11 - RESIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. To be eligible
				for inclusion in a benefit group, the individual must be living in New Mexico
				(NM) and demonstrate an intention to stay. At application, the residency
				determination shall be made prior to the date cash assistance is authorized.
				Once established, NM residency continues until the individual takes action to
				end it.
B. Residence shall not be
				considered to exist if the person is just passing through or is present in NM
				for purposes such as vacation, family visits, medical care, temporary
				employment, or other similar short-term stays where the person does not intend
				to remain. Residence shall not exist if an individual claims residence in
				another state.
C. Establishing
				residence: Residence in New Mexico shall be established by being present in the
				state on an ongoing basis and carrying out the types of activities associated
				with normal day-to-day living, such as occupying a house, enrolling a child in
				school, renting a post office box, obtaining a state driver's license, joining
				a church or other local organization, obtaining or seeking a job in the state,
				registering to vote in the state, etc.
D. Homeless persons: A homeless person must
				meet the residence requirement; however, their personal situations may prevent
				them from establishing the types of residence indicators listed above. As much
				information as possible shall be obtained and entered into the record, but
				absence of the more common types of verifications shall not be a barrier to
				eligibility.
E. Assistance from
				another state: An individual receiving assistance from another state shall be
				considered a resident of that state, until that state is notified of the
				individual's intention to abandon residence. An individual who received TANF
				from another state shall be considered to be in receipt of concurrent
				assistance for that month, as set forth in
				8.102.410.12 NMAC.
F. Temporary absence from the state:
(1) A temporary absence from the state shall
				not be considered an interruption of residence. Temporary absence occurs when
				an individual leaves the state for a specific, time-limited purpose. After the
				temporary absence, the individual must intend to return to the state.
An absence related to the following purposes shall be
				  considered temporary:
(a) short-term
				visits with family or friends for 30 days or less;
(b) out-of-state stays for medical
				treatment;
(c) attendance at an
				out-of-state school, with returns to the state during vacations.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.102.410.12 - NONCONCURRENT RECEIPT OF ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. To be eligible for inclusion in a NMW
				benefit group, the individual cannot already be included in or receiving
				benefits from:
(1) another HCA cash
				assistance benefit group;
(2) an
				SSI grant;
(3) a tribal TANF
				program or BIA-GA program;
(4) a
				government-funded adoption subsidy program;
(5) a TANF program in another state;
				or
(6) foster care payments as
				defined in Title IV of the Social Security Act.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.102.410.13 - WORK PROGRAMS

Current through Register Vol. 35, No. 13, July 16, 2024
The NMW work program is designed to improve the participant's
				  capacity to improve income and strengthen family support. If an individual who
				  is required to meet work program requirements fails to do so, the benefit group
				  may be subject to the payment sanctions described in
				  8.102.620.10
				  NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.102.410.15 - PROGRAM DISQUALIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Dual state benefits: An individual who has been convicted of fraud for
				receiving TANF, SNAP, medicaid, or SSI in more than one state at the same time
				shall not be eligible for inclusion in the cash assistance benefit group for a
				period of 10 years following such conviction. The conviction must have occurred
				on or after August 22, 1996.
B.
				Fugitive and probation and parole violators: An individual who is a fugitive
				felon or who has been determined to be in violation of conditions of probation
				or parole shall not be eligible for inclusion in the cash assistance benefit
				group.
C. Certain convicted felons:
				An individual who is or has been determined to be convicted on or before
				February 7, 2014, as an adult of the following crimes shall not be eligible for
				inclusion in the cash assistance benefit group:
(1) aggravated sexual abuse under section
				2241 of title 18, United States Code;
(2) murder under section 1111 of title 18,
				United States Code;
(3) an offense
				under chapter 110 of title 18, United States Code;
(4) a federal or state offense involving
				sexual assault, as defined in section 40002(a) of the Violence Against Women
				Act of 1994 (42 U.S.C.
				13925(a); or
(5) an offense under state law determined by
				the attorney general to be substantially similar to an offense described in
				clause (i), (ii), or (iii); and
(6)
				the individual is not in compliance with the terms of the sentence of the
				individual or the restrictions under 8.139.400.12 C NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.102.410.16 - PROGRAM DISQUALIFICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Dual state benefits: An individual who has been convicted of fraud for
				receiving TANF, food stamps, medicaid, or SSI in more than one state at the
				same time shall not be eligible for inclusion in the cash assistance benefit
				group for a period of 10 years following such conviction. The conviction must
				have occurred on or after August 22, 1996.
B. Fugitive and probation and parole
				violators: An individual who is a fugitive felon or who has been determined to
				be in violation of conditions of probation or parole shall not be eligible for
				inclusion in the cash assistance benefit group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.102.410.18 - LIFETIME LIMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. NMW/TANF:
(1) NMW/ TANF cash assistance shall not be
				provided to or for an adult or a minor head of household for more than 60
				months during the individual's lifetime. The benefit group 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 60 or more months of
				NMW/TANF cash assistance, unless the lifetime limit has been waived pursuant to
				Subsection E of
				8.102.410.17 NMAC.
(2) For purposes of determining the 60-month
				lifetime limit, the count of months of NMW/TANF cash assistance begins on July
				1, 1997, and thereafter, and includes assistance received under PROGRESS, or
				the court-ordered AFDC program in effect until March 31, 1998, or
				NMW.
(3) Any month in which an
				adult, a minor head of household, or the spouse of a minor head of household,
				has received full, partial, prorated, or retroactive NMW/TANF cash assistance
				shall be considered a month of receipt and shall be counted towards the
				60-month lifetime limit for the benefit group in which that individual
				resides.
(4) The count of months of
				NMW/TANF assistance shall include cash benefits, supportive services
				reimbursements, or other forms of benefits designed to meet a family's ongoing
				basic needs (for food, clothing, shelter, utilities, household goods, personal
				care items, and general incidental expenses). NMW/TANF cash assistance shall
				include supportive services such as transportation and childcare provided to a
				family who is unemployed.
(5)
				Receipt of TANF assistance from another state after July 1997, or from a tribal
				entity that does meet the criteria at Subsection C of
				8.102.410.17 NMAC is counted as a
				month of receipt of TANF assistance for purposes of the term limit
				regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.102.410.19 - REQUIREMENTS FOR TANF HARDSHIP EXTENSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Benefit group: NMW cash assistance
				regulations at 8.102 NMAC continue to apply to a NMW/TANF benefit group that
				receives a cash assistance based on a hardship determination. A benefit group
				may be sanctioned at the appropriate level in compliance with regulations at
				8.102.620.10 NMAC when a benefit
				group member fails to comply with the requirements at set forth in at
				8.102.410.17 NMAC and
				8.102.410.18 NMAC.
B. Certification period: In most cases the
				certification period for the case will be set at six months, beginning with the
				61st month of cash assistance. The incapacity review
				unit may set the certification period for a benefit group that is shorter or
				longer than six months when the condition for the hardship type warrants such a
				determination.
C. Limited work
				participation status individuals:
(1) An
				individual granted an extension of the 60-month term limit due to a hardship
				determination shall be required to meet with the work program contractor. The
				individual shall be referred by the HCA to the work program contractor:
(a) no later than the first day of the
				61st month for a case in active status in the
				60th month; or
(b) by the end of the first month of the
				benefit group's hardship extension period for a benefit group whose
				certification period expires in the 60th month;
				or
(c) upon approval of a hardship
				extension period for a benefit group whose case is closed.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 420 - RECIPIENT POLICIES - SPECIAL RECIPIENT REQUIREMENTS › Section 8.102.420.3 - 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 authority 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 420 - RECIPIENT POLICIES - SPECIAL RECIPIENT REQUIREMENTS › Section 8.102.420.5 - 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 420 - RECIPIENT POLICIES - SPECIAL RECIPIENT REQUIREMENTS › Section 8.102.420.6 - 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 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 420 - RECIPIENT POLICIES - SPECIAL RECIPIENT REQUIREMENTS › Section 8.102.420.8 - AGE - NMW

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible for inclusion in the benefit group, a
				  dependent child is a natural child, adopted child or stepchild or ward who
				  is:
A. 17 years of age or
				younger;
B. 18 years of age and is
				enrolled in high school; or
C.
				between 18 and 22 years of age and is receiving special education services
				regulated by the New Mexico public education department (PED).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 420 - RECIPIENT POLICIES - SPECIAL RECIPIENT REQUIREMENTS › Section 8.102.420.9 - SCHOOL ATTENDANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Requirement: A child of school age, as defined by PED, must attend school and
				have satisfactory attendance to meet the personal responsibility requirements
				of the parent, specified relative, or caretaker.
B. Student status:
(1) A dependent child of school age must be a
				full-time student at a certified educational facility or participating and
				fully complying with a home schooling program approved by the New Mexico PED.
				School age means any dependent child who turns six years of age prior to
				September first and is under 18 years of age.
(2) A participant who is 18 years of age may
				be included in the NMW benefit group if the individual is enrolled in high
				school, or the high school equivalent level of vocational or technical
				training. Such an individual may be eligible to be included in the NMW benefit
				group until the end of the month in which the individual graduates or until the
				end of the month in which the individual turns 19 years of age, whichever
				occurs first.
(3) A student who is
				between 18 and 21 years of age may be included in the NMW benefit group as long
				as the student is enrolled in high school and is receiving special education
				services regulated by the PED. There must be a current valid individual
				education plan (IEP) for the student to verify the special education
				services.
(4) A dependent child age
				17 years of age or younger who has graduated from high school or has obtained a
				GED shall be deemed to be a full-time student and to fulfill attendance
				requirements.
(5) A minor unmarried
				parent who does not have a child under the age of 12 weeks, must attend school
				full time to obtain a high school diploma or must participate in a GED program
				full-time or participate in approved alternate schooling unless the minor
				unmarried parent has already graduated from high school or obtained a
				GED.