reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 110 - GENERAL ADMINISTRATION - APPLICATION PROCESSING › Section 8.139.110.8 - APPLICATION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
The application process includes completing an application form on paper or electronically, filing the completed application form, being interviewed, and having certain information verified. ISD will make paper application forms readily accessible in the ISD local office lobby to potentially eligible households and to anyone who requests the form. If HCA maintains a web page, the application will be available on the web page in each language for which the printed application is available. Information on how to submit an electronic application will be readily available to potentially eligible individuals as well as to local agencies and organizations that regularly have contact with potential applicants and recipients. The web page will provide the addresses and phone numbers of all ISD field offices and a statement that the household should return the application form to its nearest local office. Households may submit the application in person, or via mail, fax, electronic device, or through an authorized representative. Applications will be accessible to persons with disabilities in accordance with Section 504 of the Rehabilitation Act of 1973, as amended by the Rehabilitation Act Amendments of 1974.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 110 - GENERAL ADMINISTRATION - APPLICATION PROCESSING › Section 8.139.110.9 - RIGHT TO APPLY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each individual shall have the opportunity to apply for public assistance programs administered by the HCA or to have an authorized representative do so on their behalf. Paper application forms must be readily accessible in the ISD local office lobby and provided to any person who requests the form. Applications are made in a format prescribed by the HCA to include paper forms or electronic submissions. ISD will post signs in local field offices which explain the application processing standards and the right to file an application on the day of initial contact.
B. An individual who requests information or assistance and who wishes to apply, shall be encouraged to complete an application the same day that contact is made with the office.
(1) An individual shall be informed that the date of application affects the benefit amount.
(2) An individual shall be informed that an incomplete application may be filed as long as the form has the applicant's name and address and is signed by a responsible household member or authorized representative.
(3) An interview shall not be required before filing an application.
(4) A household shall be informed, except for a SNAP requirement, that any disadvantages or requirements for applying for or receiving cash assistance do not apply to SNAP and that receiving SNAP shall have no bearing on any other program's time limits that may apply to the household.
(5) If an individual contacts the office by phone or mail and does not wish to come to the office to pick up an application the individual will be mailed an application the same day the office is contacted and offered the option of submitting an electronic application through the YES-New Mexico web portal.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 110 - GENERAL ADMINISTRATION - APPLICATION PROCESSING › Section 8.139.110.10 - SUBMISSION OF FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Joint cash assistance (CA)/SNAP applications:
(1) To facilitate participation in SNAP, households in which all members are applying for cash assistance (Title IV-A or GA) shall be allowed to apply for SNAP benefits at the same time they apply for other assistance. However, SNAP eligibility and benefit amounts shall be based solely on SNAP eligibility factors pending determination of cash assistance eligibility. All households shall be certified in accordance with the notice and procedural and timeliness requirements of SNAP regulations. (See Subsection B of 8.139.110.11 NMAC, combined CA/SNAP interviews, for further information.)
(2) A household shall be notified of the Privacy Act regarding application information and shall be provided the following information:
(a) The collection of information, including the social security number of each household member, is authorized under the Food Stamp Act of 1977, as amended 7 U.S.C. 2011-2036.
(b) The information shall be used to determine whether a household is eligible or continues to be eligible to participate in the SNAP program.
(c) The information shall be verified through computer matching programs.
(d) The information shall be used to monitor compliance with program regulations and for program management.
(e) The information provided may be disclosed to other federal and state agencies for official examination, and to law enforcement officials for the purpose of apprehending persons fleeing from the law.
(f) If a SNAP claim is filed against a household, the information on the application, including all SSNs, may be referred to federal and state agencies, as well as private claims collection agencies, for claims collection action.
(g) That providing the requested information, including the SSN of each household member, is voluntary, but that failure to provide required information shall result in the denial of SNAP benefits to a household.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 110 - GENERAL ADMINISTRATION - APPLICATION PROCESSING › Section 8.139.110.11 - INTERVIEWS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Purpose and scope of interview: The interview is an official and confidential discussion of household circumstances with the applicant. It is intended to provide the applicant with program information, and the worker with the facts needed to make a reasonable eligibility determination. The interview is not simply to review the information on the application, but also to explore and clarify any unclear and incomplete information. The scope of the interview shall not extend beyond examination of the applicant's circumstances that directly relate to determining eligibility and benefit amounts. The interview shall be held prior to disposition of the application.
B. Joint cash assistance/SNAP interview: At initial application for cash assistance (CA), a single interview shall be conducted concurrently for both cash assistance and SNAP benefits if the client wishes to apply for both programs. Federal SNAP regulations specifically provide that applicants for both programs shall not be required to see a different ISD worker or be otherwise subjected to two interviews in order to obtain the benefits of both programs. Following the single interview, the application may be processed by separate workers to determine eligibility for SNAP benefits and cash assistance. In an expedited SNAP certification situation, a second interview is permitted if an immediate interview for cash assistance cannot be arranged.
C. Individuals interviewed: Applicants, including those who submit applications by mail, shall be interviewed in person at the local ISD office. When circumstances warrant, the household shall be interviewed by telephone, or at another place reasonably accessible and agreeable to both the applicant and ISD. The applicant may bring any person he chooses to the interview.
D. Out of office interviews:
(1) A SNAP applicant shall not be required to have an initial office interview if the applicant is unable to appoint an authorized representative and the household has no member(s) able to come to ISD because the member(s) is elderly or disabled, as defined.
(2) The initial office interview can also be waived if requested by any household that is unable to appoint an authorized representative who is willing and able to perform this function, and who lives in a location not served by a certification office.
(3) Hardship conditions: The office interview for SNAP households shall be waived when the applicant meets one of the following conditions:
(a) older than the age of 60;
(b) disabled;
(c) employed 20 or more hours per week;
(d) has a dependent child younger than the age of six;
(e) has transportation difficulties;
(f) illness;
(g) care of a household member;
(h) resides in a rural area;
(i) prolonged severe weather;
(j) other hardship identified as situations warrant; as authorized by the county director.
(4) A face-to-face interview must be granted to any recipient who requests one.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 110 - GENERAL ADMINISTRATION - APPLICATION PROCESSING › Section 8.139.110.14 - DISPOSITION OF APPLICATION/NOTICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Approval of SNAP: Notification of the final eligibility determination will be mailed via US postal service and or through approved electronic methods to the applicant in time to be received not later than the last day of the time limit that is, mailed by the 28th day after the date of application to be received by the 30th day.
B. Contents of the notice: The notice of approval provides the household with written notice, sent by mail or electronically, of the amount of the benefits and the beginning and ending dates of the certification period. If the initial benefit amount is prorated or contains benefit amounts for both the month of application and the current month, the notice will explain that the initial month's SNAP benefit amount differs from the benefit amount for the remainder of the certification period. The notice also states that if households that have applied jointly for financial assistance and SNAP begin to receive a financial assistance check, their SNAP benefit amount will be reduced or terminated without advance notice. The notice will contain a telephone number for the customer service call center which will accept calls throughout working hours.
C. Denial of SNAP: If the application is denied, a written or electronic notice will be sent to the applicant explaining the basis for the denial, the right to request a fair hearing, and the telephone number of the ISD office where the household can get information concerning an individual or organization that provides legal representation. Households determined to be ineligible will be sent a denial notice as soon as possible, but not later than 30 days following the date the application was filed. The household must file a new application if it wishes to have eligibility re-determined, subsequent to the initial denial.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 110 - GENERAL ADMINISTRATION - APPLICATION PROCESSING › Section 8.139.110.15 - DESIGNATING THE HEAD OF HOUSEHOLD

Current through Register Vol. 35, No. 13, July 16, 2024
A household has the right to select its head of household at each certification action or whenever there is a change in household composition reported in accordance with change reporting requirements.
A. No special requirements: The head of household designation will not be used to impose special requirements on the household, such as requiring the head of household, rather than another responsible member, to appear at the certification office to apply for benefits.
B. Households with children:
(1) When designating the head of household, the household is allowed to select:
(a) an adult parent of children (of any age) living in the household; or
(b) an adult with parental control over children (under age 18) living in the household.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 110 - GENERAL ADMINISTRATION - APPLICATION PROCESSING › Section 8.139.110.16 - EXPEDITED SNAP SERVICE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Identifying eligible households: Households meeting the federal requirements of income and resources may be entitled to receive SNAP benefits within seven days after an application is received by ISD, in accordance with 7 C.F.R 273.2(i). Applications will be screened to identify eligible households at the time the household requests assistance.
(1) Entitlement to expedited service: The following households will be expedited, provided that they are otherwise SNAP eligible:
(a) households with less than $150 in gross monthly income, and with liquid resources (i.e., cash on hand, checking or savings accounts, savings certificates, lump sum payments, and the like) not exceeding $100;
(b) households with combined gross monthly income and liquid resources less than the household's monthly rent, or mortgage, and utilities. The mandatory SUA may be used in making this determination, provided that the household qualifies for the SUA; or
(c) migrant or seasonal farm worker households with one hundred dollars ($100) or less in liquid resources and determined to be destitute as defined by the special income calculations in 8.139.400.14 NMAC, migrant and seasonal farm workers.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 120 - CASE ADMINISTRATION - CASE MANAGEMENT › Section 8.139.120.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The food stamp program is authorized by the Food Stamp Act of 1977 as amended (7 U.S.C. 2011 et. seq.). Regulations issued pursuant to the act are contained in 7 CFR Parts 270-282. State authority for administering the food stamp program is contained in Chapter 27 NMSA, 1978. Section 9-8-1 et seq. NMSA 1978 establishes the health care authority (HCA) as a single, unified department to administer laws and exercise functions relating to health care facility licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 120 - CASE ADMINISTRATION - CASE MANAGEMENT › Section 8.139.120.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Issuance of the revised supplemental nutrition assistance program (SNAP) policy manual is intended to be used in administration of SNAP in New Mexico. This revision incorporated the latest federal policy changes in SNAP not yet filed. In addition, current policy citations were rewritten for clarification purposes or were simply reformatted. Issuance of the revised policy manual incorporated a new format which is the same in all income support division policy manuals. A new numbering system was designated so that similar topics in different programs carry the same number. The revised format and numbering standards were designed to create continuity among ISD programs and to facilitate access to policy throughout the HCA.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 120 - CASE ADMINISTRATION - CASE MANAGEMENT › Section 8.139.120.8 - RECERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
When a household's certification period expires, its eligibility to participate in SNAP ends. SNAP benefits will not be continued beyond the certification period. Timely applications for recertification will be approved or denied before the end of the current certification period. ISD must establish procedures for notifying households of expiration dates, providing application forms, scheduling interviews, and recertifying eligible households prior to the expiration of certification periods.
A. Notice and time standards: ISD shall provide households certified for one month or certified in the second month of a two-month certification period a notice of expiration (NOE) at the time of certification. ISD shall provide other households the NOE before the first day of the last month of the certification period, but not before the first day of the next-to-the-last month. Jointly processed Public Assistance ("PA") (as defined at 7 C.F.R. 271.2), and General Assistance ("GA") (as defined at 7 C.F.R. 271.2) households need not receive a separate SNAP notice if they are recertified for SNAP at the same time as their PA or GA redetermination. Every household will be provided with a notice of expiration, as follows:
(1) For a household certified for one or two months, the notice of expiration will be provided at the time of certification. The household will have 15 days from the date the notice is received to submit a timely application for recertification. The household will be approved and provided an opportunity to participate, if eligible, or be denied, within 30 days after obtaining its last SNAP benefit amount.
(2) For all other households, a notice of expiration will be sent by HCA prior to the start of the last month of the household's certification period. A household has reapplied timely if the application for recertification is filed by the 15th day of the last month of the household's certification period.
(3) ISD will complete the application process if the household meets all requirements and finishes the necessary processing steps; ISD will approve or deny timely applications before the end of the household's current certification period.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 120 - CASE ADMINISTRATION - CASE MANAGEMENT › Section 8.139.120.9 - SIMPLIFIED REPORTING

Current through Register Vol. 35, No. 13, July 16, 2024
All households will be assigned to simplified reporting (SR). Households must submit an interim report once every six or twelve months, depending on their certification period. Households assigned to a 12-month certification period have an interim report form due at six months. Households assigned to a 24-month certification period have an interim report form due at 12 months.
A. Household Certification Periods: A household that is approved for SNAP benefits shall be assigned the longest certification period possible in accordance with the household's circumstances. Households wherein all adult members are elderly or disabled, with no earned income, will be assigned a 24-month certification period. All other households will be assigned a 12-month certification period.
B. Household responsibility to turn in interim report form:
(1) A household assigned to a 12-month certification period shall be required to file an interim report form no later than the 10th day of the sixth month of the certification period in order to receive uninterrupted benefits.
(2) A household assigned to a 24-month certification period shall be required to file an interim report form no later than the 10th day of the 12-month of the certification period in order to receive uninterrupted benefits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 120 - CASE ADMINISTRATION - CASE MANAGEMENT › Section 8.139.120.13 - REQUIREMENTS FOR MASS CHANGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Mass changes: Certain changes initiated by the state or federal government may affect the entire caseload or significant portions of it.
(1) Mass changes include, but are not limited to, increases in excluded or deducted items or amounts.
(2) Mass changes affecting income include annual adjustments to social security, SSI, and other federal benefit programs, and any other changes in eligibility criteria based on legislative or regulatory actions.
(3) Information concerning mass change notice and hearing requirements are set forth in 8.100.180.15 NMAC.
(4) Notice of mass changes: Adverse action notices are not required for mass changes resulting from federal adjustments to eligibility standards, the maximum SNAP allotment, standard deduction, shelter deduction, and state adjustments to the mandatory utility standard. Announcement of anticipated mass changes may be made through the media, posters in ISD offices, and other likely places frequented by households, or through a general notice mailed to a participating household. When HCA makes a mass change in food stamp eligibility or benefit amount affecting the entire caseload or a part of it, affected households shall be mailed a notice of any change, reduction or termination of benefits. HCA shall issue a notice to affected households as far in advance of the household's next scheduled issuance date as is reasonably possible, but by no later than the date the affected benefit is issued.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 120 - CASE ADMINISTRATION - CASE MANAGEMENT › Section 8.139.120.14 - OTHER CHANGES AFFECTING SNAP HOUSEHOLDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Failure to report changes:
(1) If ISD discovers that the household failed to report a change as required, ISD shall evaluate the change to determine whether the household received benefits to which it was not entitled.
(2) After verifying the change, ISD shall initiate a claim against the household for any month in which the household was over issued SNAP benefits. The first month of the over issuance is the month following the month the adverse action notice time limit would have expired had the household timely reported the change.
(3) If the discovery is made within the certification period, the household is entitled to a notice of adverse action if its benefits will be reduced.
(4) No claim shall be established because of a change in circumstances that a household is not required to report.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 120 - CASE ADMINISTRATION - CASE MANAGEMENT › Section 8.139.120.15 - CHANGE NOTICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Agency responsibilities:
(1) ISD shall take action on any change reported by a household, and on any change which becomes known through other sources.
(2) The household shall be issued a change notice.
(a) If there is a reduction or termination of benefits, the household shall be issued an adverse action notice, unless the change has been reported by the household in writing.
(b) If the household reports the change in writing, advance notice of the change in benefit amount is required before the household's next issuance.
(c) If there is no change in the benefit amount, the household shall be notified that the change resulted in no change in benefit amount.
(3) If a household receiving cash assistance reports a change, it shall be considered to have also reported the change for SNAP purposes. A notice shall be sent to the household acknowledging the reported change, even if there is no change in benefits. A notice of adverse action shall be sent if there is a reduction or termination in the SNAP benefit amount and the change was not reported in writing.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 120 - CASE ADMINISTRATION - CASE MANAGEMENT › Section 8.139.120.16 - TRANSFER OF HOUSEHOLDS

Current through Register Vol. 35, No. 13, July 16, 2024
When a household transfers from one project area to another, the household's case record and computer file shall be transferred accordingly. Procedures for handling households which transfer between project areas within the state and between offices within a single project area are described below.
A. Transfer of inactive cases: Inactive cases are those that have been certified and are subsequently closed. ISD in the new project area is responsible for requesting that the case record be transferred. The former project area is responsible for transferring case records and making sure they are complete.
B. Transfer of active cases: Active cases are those presently certified.
(1) Timely reporting: Transfers within the state shall be considered like any other reported change in circumstances. The household must timely report a move and verify its new address and shelter expenses, as well as any change in household composition and income, before benefits may continue or be issued (see Subsection A of 8.139.120.12 NMAC). The former project area shall update the household's address on its computer file and transfer the case in active status to the new project area. The new project area shall verify the household's new circumstances, including but not limited to, address, shelter expenses, income, and household composition (see Paragraph (1) of Subsection B of 8.139.120.12 NMAC).
(2) Not reported: If a project area becomes aware that a household has moved but has not been informed of a new in-state address, either by the household or its designee or by another project area, participation shall be terminated immediately based on unverified residence. If the household wishes to continue participation, it must file a new application.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 120 - CASE ADMINISTRATION - CASE MANAGEMENT › Section 8.139.120.17 - COOPERATION WITH LAW ENFORCEMENT AGENCIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Notwithstanding any other provision of law, upon written request, HCA shall make available to any federal, state, or local law enforcement officer the address, social security number, and photograph (if available) of any household member, if the officer furnishes HCA with the name of the individual and notifies HCA that:
(1) the individual is fleeing to avoid prosecution, or custody or confinement after conviction for a crime, or attempt to commit a crime, that under the law of the place the member is fleeing is a felony, or in New Jersey is a high misdemeanor; or
(2) the individual is violating a condition of probation or parole imposed under federal or state law.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 400 - RECIPIENT POLICY - WHO CAN BE A RECIPIENT › Section 8.139.400.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The food stamp program is authorized by the Food Stamp Act of 1977 as amended (7 U.S.C. 2011 et. seq.). Regulations issued pursuant to the act are contained in 7 CFR Parts 270-282. State authority for administering the food stamp program is contained in Chapter 27 NMSA, 1978. Section 9-8-1 et seq. NMSA 1978 establishes the health care authority (HCA) as a single, unified department to administer laws and exercise functions relating to health care facility licensure and health care purchasing and regulation
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 400 - RECIPIENT POLICY - WHO CAN BE A RECIPIENT › Section 8.139.400.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 16, 2024, unless a later date is cited at the end of a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 400 - RECIPIENT POLICY - WHO CAN BE A RECIPIENT › Section 8.139.400.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Issuance of the revised food stamp program policy manual is intended to be used in administration of the food stamp program in New Mexico. This revision incorporated the latest federal policy changes in the food stamp program not yet filed. In addition, current policy citations were rewritten for clarification purposes or were simply reformatted. Issuance of the revised policy manual incorporated a new format which is the same in all income support division policy manuals. A new numbering system was designated so that similar topics in different programs carry the same number. The revised format and numbering standards were designed to create continuity among ISD programs and to facilitate access to policy throughout the HCA.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 400 - RECIPIENT POLICY - WHO CAN BE A RECIPIENT › Section 8.139.400.8 - BASIS FOR DEFINING GROUP (HOUSEHOLD COMPOSITION)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Households: The basic assistance unit of the food stamp program is the household. A household is composed of an individual or a group of individuals who customarily purchase and prepare meals together for home consumption. There can be more than one household living in one place.
B. Verification of information:
(1) Identity: It is mandatory that the applicant's identity be verified. Identity may be established through readily available documentary evidence, or, if this is not possible, through a collateral contact or home visit. Acceptable documentary evidence includes, but is not limited to, driver's license; work or school ID; school records; ID for health benefits or for another assistance or social services program; voter registration card; wage stubs or marriage certificate. Any document that reasonably establishes the applicant's identity must be accepted. No requirement for a specific type of document, such as a birth certificate, may be imposed.
(2) Household composition: Information regarding household composition must be verified before certification, recertification, or when a change is reported. If household size or composition becomes questionable, the income support specialist (ISS) must request verification. Findings must be documented in the case file.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 400 - RECIPIENT POLICY - WHO CAN BE A RECIPIENT › Section 8.139.400.9 - MANDATORY MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Separate household status: For purposes of participation in the food stamp program, there can be more than one household living in a single dwelling. To be considered separate, an individual or group of individuals must purchase food and prepare meals separately from the other individual(s) living in the dwelling. It is not necessary to store food separately or use a different stove or refrigerator. Individuals who wish to be certified separately from those with whom they live are responsible for verifying their separate status.
B. Spouses and able-bodied parents under age 60 who are away from home all or most of the time with traveling jobs, such as truckers or salespersons, will be considered members of the household, provided they have not established residence away from home.
C. Spouses and parents who are employed away from home, such as construction workers, do not lose or relinquish residence with the household even though a majority of their meals are eaten away from home, provided that they will be in the home at least part of every month. Dual participation will not be permitted.
D. Elderly/disabled: Individuals who are elderly and disabled, and unable to prepare their own meals, but who wish to be considered separate from the others with whom they live, are responsible for obtaining the cooperation of the others in providing necessary income information, and for providing the ISS verification that such individuals meet the Social Security Administration's permanent disability standards. Any household member claiming a permanent disability under the definition of elderly/disabled, who has a disability that is questionable or not apparent to the ISS must provide a statement from a physician, or licensed or certified psychologist, to help the ISS make a disability determination.
E. Ineligible for separate status: The following individuals living with others or groups of individuals living together will be considered as customarily purchasing food and preparing meals together even if they do not do so:
(1) Spouse: Spouses who live together, as defined in Section 8.139.650 NMAC, definitions.
(2) Children: Children (excluding foster children) under 18 years of age who live with and are under the parental control of a household member other than their parent. Children are considered to be under parental control if the children are financially or otherwise dependent on a member of the household.
(3) Parents and children living together: Parents living with their natural, adopted, or stepchildren 21 years of age or younger, or such children living with such parents.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 400 - RECIPIENT POLICY - WHO CAN BE A RECIPIENT › Section 8.139.400.10 - NONHOUSEHOLD MEMBERS - INDIVIDUALS RESIDING WITH THE HOUSEHOLD

Current through Register Vol. 35, No. 13, July 16, 2024
Individuals, described below, residing with a household will not be considered members for the purpose of determining household size, eligibility, or food stamp benefit amount:
A. Roomers: Individuals to whom a household furnishes lodging, but not meals, for compensation.
B. Boarders: Individuals who are furnished lodging and meals for compensation (see Paragraph (1) of Subsection C of 8.139.400.11 NMAC).
C. Live-in attendants: Individuals who live with a household to provide medical care, housekeeping, child care, or similar personal services.
D. Foster care children: Children in foster care will be included as household members only if the household chooses to include them. Income received for care of foster children is counted only if the household chooses to include the foster child.
E. Extended absence: Household members who do not return home at least part of the month, for example, children who attend school away from home and return only for vacation, and spouses who have established residence elsewhere, such as military personnel assigned overseas, are nonmembers.
F. Others: Unrelated individuals who share living quarters with the household and customarily purchase food or prepare meals separately from the household are not household members.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 400 - RECIPIENT POLICY - WHO CAN BE A RECIPIENT › Section 8.139.400.12 - INELIGIBLE HOUSEHOLD MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
The following individuals shall be included as household members for the purpose of defining a household, but shall not be included as eligible members when determining the household's size, comparing the household's monthly income with the income eligibility standard, or assigning a benefit amount by household size.
A. Excluded household members:
(1) Ineligible non-citizens: Individuals who do not meet citizenship or eligible non-citizen status requirements, or eligible sponsored non-citizen requirements. The income and resources of such individuals shall be counted in determining the household's eligibility and benefit amount in accordance with the requirements in Subsection C of 8.139.520.10 NMAC.
(2) Ineligible students: Individuals enrolled in an institution of higher education who are ineligible because they do not meet the student eligibility requirements in Subsection A of 8.139.400.11 NMAC. Ineligible students are considered as non-household members in determining the household's eligibility and benefit amount. Income and resources are considered in accordance with the requirements in Subsection D of 8.139.520.10 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 400 - RECIPIENT POLICY - WHO CAN BE A RECIPIENT › Section 8.139.400.13 - SPECIAL HOUSEHOLDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Institutions: An individual shall be considered a resident of an institution if the institution provides two or more meals daily, and the institution has not been authorized to accept food stamp benefits.
B. Eligibility: Residents of institutions shall not be eligible to participate in the food stamp program, with the following exceptions:
(1) Federally subsidized housing: Residents of federally subsidized housing for the elderly, built under Section 202 of the Housing Act of 1959 (even if residents are not elderly), provided that they otherwise qualify for participation.
(2) Drug/alcoholic treatment centers: Drug addicts or alcoholics who, for the purpose of regular participation in a drug or alcohol treatment and rehabilitation program, live in a public or private nonprofit facility or treatment center.
(3) Disabled/blind group living arrangement: Disabled or blind individuals as defined in (i) through (x) of Subparagraph (b) of Paragraph (23) of Subsection A of 8.139.100.7 NMAC who are residents in a group living arrangement.
(4) Battered women/children: Women, or women with their children, temporarily residing in a shelter for battered women and children. Such persons temporarily residing in shelters for battered women and children shall be considered individual households for the purposes of applying for and participating in the food stamp program.
(5) Homeless: Residents of public or private nonprofit shelters for the homeless.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 400 - RECIPIENT POLICY - WHO CAN BE A RECIPIENT › Section 8.139.400.14 - MIGRANT AND SEASONAL FARMWORKER HOUSEHOLDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Migrant or seasonal farm worker households are entitled to special handling of their application as described below. Only migrant or seasonal farmworker households will be classified as destitute and receive the special income considerations outlined in this section. For migrant or seasonal farm worker households only, the initial month is defined as the first month for which the household will be certified for participation in the food stamp program following any period of more than 30 days during which the household was not certified for participation. More than 30 days must pass before the application month is considered an initial month and benefits are prorated from the date of application. If 30 days have not passed, the household is entitled to a full month's benefits.
B. Destitute households: Migrant or seasonal farmworker households may have little or no income at the time of application and may be in need of immediate food assistance, even though a household may have received income at some time during the month of application. The following procedures will be used to determine whether migrant or seasonal farmworker households may be considered destitute and therefore entitled to expedited service and special income calculation procedures, except that migrant or seasonal farmworker households with resources of $100 or more will not be entitled to expedited service.
(1) Terminated income source:
(a) Expedited service: Migrant or seasonal farmworkers whose only income for the month of application was received before the date of application, and was from a terminated source, will be considered destitute and entitled to expedited service.
(b) Monthly or more frequent income: If income is received on a monthly or more frequent basis, it will be considered as coming from a terminated source if it will not be received again from the same source during the balance of the month of application or during the following month.
(c) Less often than monthly income: If income is normally received less often than monthly, the nonreceipt of income from the same source in the balance of the month of application or in the following month is inappropriate to determine whether or not the income is terminated. Therefore, for households normally receiving income less often than monthly, the income will be considered as coming from a terminated source if it will not be received in the month in which the next payment would normally be received.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 400 - RECIPIENT POLICY - WHO CAN BE A RECIPIENT › Section 8.139.400.15 - DISASTER VICTIMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Authority:
(1) Section 409 of the Disaster Relief Act of 1974 authorizes the president to distribute emergency food stamp benefits through USDA to low-income households which are unable to purchase adequate amounts of nutritious food as a result of a major disaster.
(2) The Food Stamp Act of 1977 also provides for development of disaster relief provisions. During a major disaster declared by the president or by USDA/FNS, disaster relief provisions will be implemented in those areas declared in need of disaster relief.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS - NONFINANCIAL ELIGIBILITY CRITERIA › Section 8.139.410.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The food stamp program is authorized by the Food Stamp Act of
				  1977 as amended (7 U.S.C.
				  2011 et. seq.). Regulations issued pursuant
				  to the act are contained in 7 CFR Parts 270-282. State authority for
				  administering the food stamp program is contained in Chapter 27 NMSA,
				  1978.
Administration of the health care authority (HCA), including
				  its authority to promulgate regulations, is governed by Chapter 9, Article 8,
				  NMSA 1978 (Repl. 1983). Section 9-8-1 et seq. NMSA 1978 establishes the HCA as
				  a single, unified department to administer laws and exercise functions relating
				  to health care facility licensure and health care purchasing and
				  regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS - NONFINANCIAL ELIGIBILITY CRITERIA › Section 8.139.410.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 1, 2023, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS - NONFINANCIAL ELIGIBILITY CRITERIA › Section 8.139.410.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Issuance of the revised food stamp program policy manual is
				  intended to be used in administration of the food stamp program in New Mexico.
				  This revision incorporated the latest federal policy changes in the food stamp
				  program not yet filed. In addition, current policy citations were rewritten for
				  clarification purposes or were simply reformatted. Issuance of the revised
				  policy manual incorporated a new format which is the same in all income support
				  division policy manuals. A new numbering system was designated so that similar
				  topics in different programs carry the same number. The revised format and
				  numbering standards were designed to create continuity among ISD programs and
				  to facilitate access to policy throughout the human services
				  department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS - NONFINANCIAL ELIGIBILITY CRITERIA › Section 8.139.410.8 - ENUMERATION (SOCIAL SECURITY NUMBER)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Requirement:
The social
				security number is required for every individual who receives food stamp
				benefits. Providing the social security number of a household member is
				voluntary. However, failure to provide the social security number shall result
				in the denial of food stamp benefits to the household member.
(1) A household participating in the food
				stamp program (FSP) must provide the social security number of each household
				member before certification. An actual social security card is not mandatory to
				fulfill the verification requirement.
(2) If an individual has more than one
				number, all numbers must be provided.
(3) If an individual does not have a social
				security number, or if the household does not know if an individual member has
				a social security number, the household must apply for a social security number
				for the individual(s) before certification.
(4) A caseworker shall inform the household
				where to apply and what information is needed, and shall advise the household
				that proof of application from the social security administration (SSA) office
				for a social security number is required before certification.
(5) The caseworker shall explain to
				applicants and participants that refusal or failure to comply, without good
				cause, shall result in disqualification of the individual household member for
				whom a social security number has not been provided or obtained.
(6) For a newborn, the household must provide
				a social security number or proof of application for a social security number
				at the next recertification or within six months, whichever is later.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS - NONFINANCIAL ELIGIBILITY CRITERIA › Section 8.139.410.9 - CITIZENSHIP AND IMMIGRATION STATUS FOR ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
Participation in SNAP is limited to individuals who live in
				  the United States and who are U.S. citizens or are otherwise eligible per the
				  criteria below. The department will determine eligibility for non-citizens in
				  accordance with 7 CFR
				  273.2 and
				  7 CFR
				  273.4. No individual is eligible to
				  participate in SNAP unless that individual is otherwise eligible and is:
A. A U.S. citizen;
B. A U.S. non-citizen national;
C. An individual who is:
(1) a member of Hmong or Laotian tribe during
				the Vietnam era, when the tribe militarily assisted the U.S.; (including a
				spouse, surviving spouse, or child of tribe member) who are lawfully present in
				the U.S.;
(2) an American Indian
				born in Canada who possesses at least fifty percent of blood of the American
				Indian race to whom the provisions of section 289 of the Immigration and
				Nationality Act apply; or a member of an Indian tribe as defined at section
				4(e) of 25 U.S.C.
				450b(e) which is recognized
				as eligible for the special programs and services provided by the U.S. to
				Indians because of their status as Indians; or
(3) a victim of human trafficking and their
				derivative beneficiaries, in accordance with
				7 CFR
				273.4(a)(5);
				or
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 410 - GENERAL RECIPIENT REQUIREMENTS - NONFINANCIAL ELIGIBILITY CRITERIA › Section 8.139.410.10 - RESIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Households may
				be an active member in only one SNAP household in any month, with the exception
				of residents of a domestic violence shelter.
B.
Domestic violence shelter.
Any individual who is a resident of a domestic violence shelter may participate
				as a member in more than one SNAP household simultaneously, provided that the
				shelter resident(s) left a household which contained the abusive
				individual.
C.
Residence
				duration:
No residence duration requirement will be imposed on any
				household.
D.
Fixed residence
				or mailing address:
An otherwise eligible household is not required to
				live in a permanent dwelling or have a fixed mailing address as a condition of
				eligibility.
E.
Intent to
				reside:
An intention to reside permanently in New Mexico is not required
				as a condition for participation in SNAP. However, a specific temporary
				purpose, such as vacationing in New Mexico, does not satisfy the residence
				requirement.
F.
Verification
				of residency:
Verification of residence should, whenever possible, be
				made in conjunction with the verification of other information. This can be
				done through such documents as rent receipts, mortgage bills, utility expenses,
				or identification papers which show the name and address of the applicant.
				Collateral contacts or other documentary evidence can be accepted to verify
				residence. Any document or collateral contact which reasonably establishes the
				household's residence must be accepted. No requirement for a specific type of
				verification may be imposed.
G.
Lack of verification in unusual cases:
The residence requirement
				will be verified, except in unusual circumstances, such as homeless households,
				some migrant farmworker households, where verification of residence cannot
				reasonably be accomplished.