reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 120 - ELIGIBILITY POLICY - CASE ADMINISTRATION › Section 8.106.120.11 - DISABILITY RECERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				disability review process requires a recertification of an individual's
				impairment and whether an individual's impairment prevents gainful employment
				within an individual's capacity. A review of disability may occur
				simultaneously with recertification for eligibility or occur within the
				certification period.
B. The review
				shall include, but may not be limited to:
(1)
				whether a recipient's disability must be reevaluated;
(2) the next review date for
				reevaluation;
(3) whether there is
				a need for current, updated medical reports to update the medical
				condition;
(4) whether there are
				any changes in work-related factors;
(5) whether a disability still
				exists;
(6) whether the client has
				satisfactorily complied with contingency requirements and if not if good cause
				applies as outlined at
				8.106.410.13 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 120 - ELIGIBILITY POLICY - CASE ADMINISTRATION › Section 8.106.120.12 - RECERTIFICATION TIME STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. GA
				benefits shall not continue beyond the certification period if eligibility
				requirements in Section 10 above have not been met; regardless of disability
				review.
B. Reapplication:
(1) Timely reapplication: Applications
				submitted before the 15th of the expiration month
				will be considered timely.
(2)
				Untimely reapplication: An application received after the
				15th but before the end of a benefit group's
				certification period expires has lost its right to interrupted benefits.
(a) If the benefit group is determined
				eligible, without regard to disability, the benefit group is entitled to
				ongoing benefits that are not prorated.
(b) Initial month verification standards will
				be used for all applications received more than one calendar month after the
				certification period expires or the case has been closed for any
				reason.
(3) Late
				applications: An application that is submitted to ISD within 30 days after the
				certification period has expired or the case has been closed for any reason can
				be accepted and recertification standards outlined in
				8.102.120.9 NMAC will be followed.
				If approved, the benefits will be prorated from the date of approval. Any
				applications received more than 30 days after the certification period expires
				or closes for any reason will follow the initial month verification
				standards.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 230 - GENERAL FINANCIAL - PAYABLES AND DISBURSEMENT › Section 8.106.230.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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. 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 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 230 - GENERAL FINANCIAL - PAYABLES AND DISBURSEMENT › Section 8.106.230.5 - 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 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 230 - GENERAL FINANCIAL - PAYABLES AND DISBURSEMENT › Section 8.106.230.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 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 such as New Mexico works (NMW)
				or the federal program of supplemental security income (SSI).
B. 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.
C. The objective of the burial assistance
				program is to assist in payment of burial expenses for an individual who was a
				low income individual at the time of death.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 230 - GENERAL FINANCIAL - PAYABLES AND DISBURSEMENT › Section 8.106.230.8 - PAYMENT ISSUANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. EBT:
				The HCA issues cash assistance benefits through an electronic benefit transfer
				(EBT) system.
B. Warrants: In some
				circumstances a payment can be issued by warrant.
C. Death of a recipient: An authorized
				beneficiary may access and use payments issued on behalf of a recipient who
				died before an EBT withdrawal was made if the recipient:
(1) was alive on the first day of the month
				for which cash assistance benefits were issued; and
(2) met all eligibility conditions at the
				time of death.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 400 - RECIPIENT POLICIES - DEFINING THE BENEFIT GROUP › Section 8.106.400.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Statutes Annotated 1978 (Chapter 27, Articles 1
				  and 2) 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. 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 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 400 - RECIPIENT POLICIES - DEFINING THE BENEFIT GROUP › Section 8.106.400.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 2009, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 400 - RECIPIENT POLICIES - DEFINING THE BENEFIT GROUP › Section 8.106.400.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 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 such as New Mexico works (NMW)
				or the federal program of supplemental security income (SSI).
B. 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.
C. The objective of the burial assistance
				program is to assist in payment of burial expenses for an individual who was a
				low income individual at the time of death.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 400 - RECIPIENT POLICIES - DEFINING THE BENEFIT GROUP › Section 8.106.400.8 - WHO CAN BE A RECIPIENT

Current through Register Vol. 35, No. 13, July 16, 2024
To be a recipient of general assistance, an individual must
				  be eligible according to the regulations for the GA program. An individual for
				  whom an application has been or must be made may receive cash assistance as
				  long as the individual also meets individual eligibility requirements of the GA
				  program and is otherwise eligible.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 400 - RECIPIENT POLICIES - DEFINING THE BENEFIT GROUP › Section 8.106.400.9 - BASIS FOR DEFINING THE BENEFIT GROUP

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Request for assistance:
The
				request for assistance is the first step in determining those individuals who
				must be included in the benefit group. At the request of the head of the
				benefit group, non-mandatory members may be included or removed from the
				benefit group, this may require the inclusion or removal of other individuals
				as well.
B.
Benefit group
				members:
The head of benefit group is required to apply for any person
				who is a mandatory benefit group member, failure shall result in ineligibility
				for the entire benefit group. Changes in benefit group circumstances shall be
				reviewed and may affect who is considered a mandatory benefit group
				member.
C.
Mandatory for
				inclusion:
The income and resources of mandatory members will always be
				considered to determine need, but not payment. In order to be included in the
				assistance group, members must individually meet eligibility requirements.
				Members mandatory for inclusion are: spouses residing in the home with the
				applicant, a caretaker of the applicant, and the father of an unborn child
				residing in the home with the applicant.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 400 - RECIPIENT POLICIES - DEFINING THE BENEFIT GROUP › Section 8.106.400.10 - CONSTRUCTING THE BENEFIT GROUP

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
To be eligible for inclusion in a GA benefit group, a
				person must be individually eligible according to requirements set forth in
				8.106.410 NMAC, 8.106.420 NMAC and 8.106.430 NMAC and not otherwise
				disqualified from participation. The person or persons meeting individual
				eligibility requirements and for whom an application has been or must be made
				constitute the benefit group.
B.
Disability:
The benefit group for the GA-disabled adult program
				consists of the disabled adult and may include the needs of other adults living
				in the home. An adult who shares custody of his or her biological child may
				apply for GA-disabled adults in his or her own right, provided that the adult
				who is applying has less than half time custody of the child.
(1)
Spouse:
The spouse,
				residing in the home with the disabled adult must be included in the benefit
				group to determine need, but not payment. The spouse may be included in payment
				if the spouse is determined disabled.
(2)
Essential person:
An
				individual, regardless of relation, is considered essential to the well being
				of a disabled GA applicant and may be included in the GA benefit group to
				determine need and payment. An essential person is capable of providing the
				physical care needed by the GA disabled recipient to the extent that placement
				into institutional care would otherwise be required without this
				care.
(3)
Pregnant
				individual:
An emancipated unmarried pregnant woman, age 17 or younger,
				or a pregnant adult, who has not reached her third trimester and has been
				determined to be disabled, may be considered a benefit group member in the GA
				disabled adult program. The father of the unborn child that resides in the
				home, must be included in the benefit group to determine need, but not
				payment.
(4)
SSI:
An
				individual receiving SSI, or who would be receiving SSI except for recovery by
				the social security administration of an overpayment, is not eligible to be
				included in a GA benefit group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 400 - RECIPIENT POLICIES - DEFINING THE BENEFIT GROUP › Section 8.106.400.11 - LIVING ARRANGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Disability:
(1) An individual shall
				not be eligible for inclusion in the benefit group if the individual is
				institutionalized for any reason such as:
(a)
				medical or mental health treatment;
(b) an inmate in a public non-medical
				institution, including facilities in the state prison system, jails and
				detention centers, as well as juvenile correction facilities;
(c) a person shall be considered an inmate if
				residing in a public facility at the order or discretion of a court, such as a
				person sentenced to a prison or committed under court order.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.106.410.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Statutes Annotated 1978 (Chapter 27, Articles 1
				  and 2) 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. 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 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.106.410.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 2009, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.106.410.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 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 such as New Mexico works (NMW)
				or the federal program of supplemental security income (SSI).
B. 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.
C. The objective of the burial assistance
				program is to assist in payment of burial expenses for an individual who was a
				low income individual at the time of death.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.106.410.8 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An applicant or
				recipient who fails to meet an individual eligibility requirement is not
				eligible to be included in the benefit group. The individual's ineligibility
				does not make the entire benefit group ineligible, unless the ineligible
				individual is the only member of the benefit group.
B Application moratorium:
When the department
				  has issued a public notice regarding the limitation of state funds, the
				  caseworker shall deny the general assistance without consideration of
				  eligibility requirements.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.106.410.9 - ENUMERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. To be eligible
				for inclusion in the benefit group, the recipient, or the caretaker on behalf
				of a dependent child, must report the individual's social security number (SSN)
				within 60 days of approval for the GA program.
B. An SSN card shall not be required to
				validate the individual's SSN, but shall be requested if an individual's SSN
				becomes questionable or cannot be validated by the social security
				administration.
C. Failure to meet
				the enumeration requirement shall result in ineligibility of the benefit group
				member whose SSN has not been reported or cannot be verified.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.106.410.10 - CITIZENSHIP AND ALIEN STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible for inclusion in a GA benefit group, if
				  otherwise eligible, an individual must be:
A. a citizen of the United States;
B. a naturalized citizen;
C. an alien who entered the United States
				before August 22, 1996, and who meets the definition of a qualified immigrant
				at 8.106.100 NMAC or meets the definition of a PRUCOL; or
D. an alien who entered the United States on
				or after August 22, 1996, and who meets the definition of a qualified alien at
				8.106.100 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.106.410.12 - NONCONCURRENT RECEIPT OF ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Assistance from another
				state:
An individual who is receiving assistance from another state
				shall be considered a resident of that state until the state is notified of the
				individual's intention to abandon residence. An individual who received GA from
				another state shall be considered to be in receipt of concurrent assistance for
				that month.
B.
Concurrent
				receipt of assistance:
To be eligible for inclusion in a GA benefit
				group, the individual cannot already be:
(1)
				included as a benefit group member and receiving cash assistance from another
				department cash assistance program;
(2) an SSI recipient;
(3) a recipient of benefits from a
				federally-funded TANF program (including a tribal program) or BIA-GA
				program;
(4) a recipient of a
				government-funded adoption subsidy program; or
(5) a recipient of benefits from a TANF or GA
				program in another state.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.106.410.13 - ADDITIONAL ELIGIBILITY REQUIREMENTS FOR DISABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Compliance with IAR
				requirements:
The state of New Mexico is a participant in the interim
				assistance reimbursement (IAR) program administered by the social security
				administration (SSA). The U.S. secretary of health and human services, through
				the SSA, has agreed to reimburse the state through HSD for general assistance
				payments made to an individual receiving GA disability during the period the
				individual's application for SSI was pending. Upon approval of SSI, SSA sends
				the first retroactive SSI payment due an individual to HSD as repayment for the
				state-funded GA payments made to the individual. The repayment of GA benefits
				from SSI is referred to as interim assistance reimbursement (IAR).
(1)
Interim assistance
				authorization:
An individual applying for disability based on set or
				variable term disability must, as a condition of eligibility, authorize in
				writing the reimbursement to HSD for the amount of GA benefits paid on the
				individual's behalf for any month in which the SSA pays retroactive SSI
				benefits to the individual.
(a)
Completing the IAR authorization:
The IAR authorization shall be
				completed and signed by the applicant and the Department representative at the
				time the individual is interviewed. Refusal to sign an IAR authorization shall
				result in immediate denial of a GA application.
(b) The department shall not approve an
				application for GA without a completed and valid IAR.
(c) The completed and signed IAR
				authorization form must be received by SSA within 30 days from the date of
				signature in order to be valid.
(d)
Duration of authorization:
The authorization for IAR shall remain
				in effect from the date of signature until:
(i) SSA releases the SSI retroactive payment
				to HSD and HSD recovers the full amount to which it is entitled; or
(ii) HSD and the individual agree to
				terminate the authorization.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS › Section 8.106.410.14 - 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 GA 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 GA 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 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 420 - RECIPIENT POLICIES - REQUIREMENTS FOR DETERMINING DISABILITY › Section 8.106.420.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Statutes Annotated 1978 (Chapter 27, Articles 1
				  and 2) 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. 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 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 420 - RECIPIENT POLICIES - REQUIREMENTS FOR DETERMINING DISABILITY › Section 8.106.420.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 2009, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 420 - RECIPIENT POLICIES - REQUIREMENTS FOR DETERMINING DISABILITY › Section 8.106.420.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 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 such as New Mexico works (NMW)
				or the federal program of supplemental security income (SSI).
B. 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.
C. The objective of the burial assistance
				program is to assist in payment of burial expenses for an individual who was a
				low income individual at the time of death.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 420 - RECIPIENT POLICIES - REQUIREMENTS FOR DETERMINING DISABILITY › Section 8.106.420.8 - DISABILITY DETERMINATION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Disability determination:
The department must find:
(1) medical
				evidence of physical or mental impairment(s), and
(2) medical and non-medical evidence to
				support that the severity of the impairment(s) is sufficient to significantly
				restrict the applicant's capacity to perform basic work-related activities or
				prevent engagement in gainful employment; or
(3) that, absent the above findings, an
				unsubstantiated statement of impairment or inability to work shall not be
				adequate to establish disability.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 420 - RECIPIENT POLICIES - REQUIREMENTS FOR DETERMINING DISABILITY › Section 8.106.420.9 - VERIFYING IMPAIRMENT(S)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
The nature of the physical and mental impairment(s) must
				be verified by a medical or mental health diagnosis from an acceptable medical
				source and supported by current medical evidence based on acceptable clinical
				and laboratory diagnostic techniques.
B.
Evaluation of report(s):
Reports shall be reviewed for completeness and detail sufficient to identify
				the limiting effects of impairment(s), probable duration of the impairment(s),
				and capacity to perform work-related activities.
(1) Anatomical and physiological reports
				shall be reviewed for a description of the medical history, clinical findings,
				laboratory findings, diagnosis, prescribed treatment and prognosis, and to
				identify the applicant's ability to sit, stand, move, lift, carry, handle
				objects, hear, speak and travel.
(2) Psychological assessments shall be
				reviewed for a description of the applicant's behavior, affect, orientation,
				capacity for appropriate decision-making, response to stress, cognitive
				function (awareness, memory and intellectual capacity), contact with reality
				and need for occupational, personal and social adjustment(s).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 420 - RECIPIENT POLICIES - REQUIREMENTS FOR DETERMINING DISABILITY › Section 8.106.420.10 - ASSESS CAPACITY FOR WORK

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
The applicant's capacity for work shall be determined by
				evaluating the severity of the impairment(s) and by applicant's work-related
				factors with regarding to the impact on the applicant's ability to perform
				basic work-related activities and to engage in gainful employment.
B.
Capacity to perform basic
				work-related activities
(1)
Sedentary work:
Sedentary work involves lifting no more than ten pounds
				at a time and occasionally lifting or carrying articles like docket files,
				ledgers and small tools. Although a sedentary job is defined as one that
				involves sitting, a certain amount of walking and standing is often necessary
				in carrying out job duties. Jobs are sedentary if walking and standing are
				required occasionally and sedentary standards are met.
(2)
Light work:
Light work
				involves lifting no more than twenty pounds at a time, with frequent lifting or
				carrying of objects weighing up to ten pounds. Even though the weight lifted
				may be very little, a job is placed in this category if it requires a good deal
				of walking or standing, or if it involves sitting most of the time with some
				pushing and pulling of arm or leg controls. To be considered capable of
				performing a full or wide range of light work, an individual must have the
				ability to do substantially all of these activities
(3)
Medium work:
Medium work
				involves lifting no more than 50 pounds at a time, with frequent lifting or
				carrying of objects weighing up to 25 pounds.
(4)
Heavy work:
Heavy work
				involves lifting no more than 100 pounds at a time, with frequent lifting or
				carrying of objects weighing up to 50 pounds.
(5)
Very heavy work:
Very heavy
				work involves lifting objects weighing more than 100 pounds at a time, with
				frequent lifting or carrying of objects weighing 50 pounds or more.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 430 - RECIPIENT POLICIES - REQUIREMENTS FOR DEPENDENT CHILDREN › Section 8.106.430.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Statutes Annotated 1978 (Chapter 27, Articles 1
				  and 2) 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. 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 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 430 - RECIPIENT POLICIES - REQUIREMENTS FOR DEPENDENT CHILDREN › Section 8.106.430.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2004, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 430 - RECIPIENT POLICIES - REQUIREMENTS FOR DEPENDENT CHILDREN › Section 8.106.430.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 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 such as New Mexico works (NMW)
				or the federal program of supplemental security income (SSI).
B. 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.
C. The objective of the burial assistance
				program is to assist in payment of burial expenses for an individual who was a
				low income individual at the time of death.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 430 - RECIPIENT POLICIES - REQUIREMENTS FOR DEPENDENT CHILDREN › Section 8.106.430.8 - AGE - DEPENDENT CHILDREN

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible for inclusion in the GA dependent child
				  benefit group with respect to age, a dependent child is defined as an
				  individual who is;
A. seventeen years
				of age or younger;
B. eighteen
				years of age and enrolled in high school; or
C. between eighteen and twenty-two years of
				age and receiving special education services regulated by the public education
				department (PED).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 430 - RECIPIENT POLICIES - REQUIREMENTS FOR DEPENDENT CHILDREN › Section 8.106.430.9 - 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.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 430 - RECIPIENT POLICIES - REQUIREMENTS FOR DEPENDENT CHILDREN › Section 8.106.430.10 - CHILD SUPPORT ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Assignment of support rights:
A caretaker who receives cash
				assistance for an unrelated dependent child, whether or not the caretaker is
				included in the benefit group, automatically assigns to HSD the right to child
				support for any individual included in the benefit group. The assignment shall
				be:
(1) effective with respect to any
				dependent child included in the benefit group;
(2) valid as long as the caretaker receives
				GA payments on the child's behalf; and
(3) includes any child support amount for
				which the caretaker is or may become eligible on behalf of any dependent child
				included in the benefit group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 431 - PRE CERTIFIED VICTIMS OF HUMAN TRAFFICKING › Section 8.106.431.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Statutes Annotated 1978 (Chapter 27, Articles 1
				  and 2 along with Chapter 30, Article 52, Section 2) 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 function as may be assumed by the state. 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 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 431 - PRE CERTIFIED VICTIMS OF HUMAN TRAFFICKING › Section 8.106.431.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 2013, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 431 - PRE CERTIFIED VICTIMS OF HUMAN TRAFFICKING › Section 8.106.431.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of the pre-certified victim of human
				  trafficking assistance program is to provide financial assistance to
				  non-citizen victims of human trafficking that are not eligible for existing
				  federal assistance pending the federal certification under the Trafficking
				  Victims' Protection Reauthorization Act of 2003.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 431 - PRE CERTIFIED VICTIMS OF HUMAN TRAFFICKING › Section 8.106.431.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Pre-certified victim of human trafficking (PCVHT):
means an alien who is
				a victim of human trafficking, who has not received the federal certification
				of a victim of human trafficking.
B.
Cooperating:
means is
				willing to assist in every reasonable way in the investigation and prosecution
				of the person charged with the crime of human trafficking, unless the
				identified victim is unable to cooperate with such a request due to physical or
				psychological trauma.
C.
Institutionalized:
means to be in the care of an institution, including
				but not limited to:
(1) a medical or mental
				health treatment facility; or
(2) a
				public non-medical institution, including facilities in the state prison
				system, jails and detention centers, as well as juvenile correction
				facilities.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 431 - PRE CERTIFIED VICTIMS OF HUMAN TRAFFICKING › Section 8.106.431.8 - CONSTRUCTING THE BENEFIT GROUP

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				To be eligible for inclusion in the PCVHT benefit group, the individual must
				not be eligible for any other federal or state cash assistance program. The
				benefit group consists of the individual and their non-citizen
				dependents.
B. An individual shall
				not be eligible for inclusion in the benefit group if the individual is
				institutionalized.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 431 - PRE CERTIFIED VICTIMS OF HUMAN TRAFFICKING › Section 8.106.431.9 - APPLICATION SUBMITTAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				application shall be submitted on a form designated by the department either
				electronically or in writing and shall be made under oath by an applicant or by
				an applicant on behalf of a dependent child who resides in the home. The
				application must contain:
(1) a statement of
				the age of the applicant or dependent child;
(2) a statement of residence in New
				Mexico;
(3) all property in which
				the applicant has an interest;
(4)
				the income of the applicant or other benefit group members at the time the
				application is filed;
(5) the
				signature of the applicant; and
(6)
				other information required by the department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 431 - PRE CERTIFIED VICTIMS OF HUMAN TRAFFICKING › Section 8.106.431.10 - APPLICATION PROCESSING TIME LIMITS

Current through Register Vol. 35, No. 13, July 16, 2024
Pre certified victims of human trafficking cash assistance
				  program applications shall be processed no later than 30 calendar days after
				  receipt by the department or it's designee.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 431 - PRE CERTIFIED VICTIMS OF HUMAN TRAFFICKING › Section 8.106.431.11 - APPROVAL EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
Pre certified victims of human trafficking cash assistance
				  for approved applications shall be effective the first day of the month the
				  application was submitted to the department or its designee, for a full month
				  benefit.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 431 - PRE CERTIFIED VICTIMS OF HUMAN TRAFFICKING › Section 8.106.431.12 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Department responsibilities:
The department or its designee shall inform
				the benefit group of its responsibility to report changes. Appropriate action
				shall be taken to determine if the change affects eligibility or benefit
				amount. The date the change is reported and the action taken shall be
				documented. In some circumstances the department shall request clarification
				during a certification period whenever information becomes known to the
				department indicating a possible change in a benefit group's circumstances that
				may affect eligibility or benefit amount. Circumstances that may require
				follow-up review include, but are not limited to:
(1) cooperation with law enforcement or
				prosecution of the person charged with the crime of human trafficking;
				and
(2) verification and status of
				application for federal certification of victim of human trafficking.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 431 - PRE CERTIFIED VICTIMS OF HUMAN TRAFFICKING › Section 8.106.431.14 - ELIGIBLITY RECERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Recertification of eligibility:
The department shall provide
				notice of recertification 45 days prior to the end of the certification and
				make a prospective determination of eligibility beginning the month following
				the month the certification period expires. The recertification shall consist
				of a determination of eligibility for an additional period of time,
				redetermination of the amount of cash assistance payment and a complete review
				of all conditions of eligibility. Current financial eligibility must be
				reviewed at the end of the certification period for the specific program to
				determine continued eligibility for a new period of time.
B.
Interview:
A face-to-face
				interview shall take place at the end of the certification period, unless the
				recipient's physical or mental condition makes the interview impossible or
				inadvisable. The interview may be waived on a case-by-case basis for hardship
				reasons found in 8.106.110.11 NMAC. During the interview the department shall
				review with the recipient the possible changes in circumstances that must be
				reported and may affect the client's eligibility or benefit amount.
C.
Recertification timeliness:
(1)
Timely recertification:
Recertification forms submitted before the 15th of the expiration month will be
				considered timely.
(2)
Untimely reapplication:
Recertification forms submitted after the 15th
				but before the end of a benefit group's certification period expires have lost
				the right to uninterrupted benefits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 500 - ELIGIBILITY POLICY - GENERAL INFORMATION › Section 8.106.500.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Statutes Annotated 1978 (Chapter 27, Articles 1
				  and 2) 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. 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 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 500 - ELIGIBILITY POLICY - GENERAL INFORMATION › Section 8.106.500.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2004, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 500 - ELIGIBILITY POLICY - GENERAL INFORMATION › Section 8.106.500.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. 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 such as New Mexico works (NMW)
				or the federal program of supplemental security income (SSI). The general
				assistance program is not intended to be an unemployment or general relief
				program.
B. 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.
C. The objective of the
				burial assistance program is to assist in payment of burial expenses for an
				individual who was a low-income individual at the time of death.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 500 - ELIGIBILITY POLICY - GENERAL INFORMATION › Section 8.106.500.8 - GA - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Limited
				state funds may result in a suspension or reduction in general assistance
				benefits without eligibility and need considered.
B.
Need determination process:
Eligibility for the GA program based on need requires a finding that the:
(1) countable resources owned by and
				available to the benefit group do not exceed either the $1,500 liquid or $2,000
				non-liquid resource limit;
(2)
				benefit group's countable gross earned and unearned income does not equal or
				exceed eighty-five percent of the federal poverty guideline for the size of the
				benefit group; and
(3) benefit
				group's countable net income does not equal or exceed the standard of need for
				the size of the benefit group.