reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 420 - RECIPIENT POLICIES - SPECIAL RECIPIENT REQUIREMENTS › Section 8.102.420.12 - ASSESS CAPACITY FOR WORK

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				General: A medical or mental health condition that precludes a participant's
				capacity to fulfill the standard work participation rate or capacity to work
				shall be determined by evaluating the extent of the impairment and other
				work-related factors. A participant is eligible for a limited work
				participation status if there is a determination of impairment or condition by
				the IRU or NMW service provider, as appropriate.
B. Capacity to perform NMW program
				participation standards: If the participant is determined by IRU or the NMW
				service provider to have an impairment, the other work-related factors shall be
				considered. Although a participant may be determined to have some type of
				impairment, the existence of impairment does not necessarily result in a
				finding that the participant is incapable of fulfilling the standard work
				participation hours. A determination that a participant is a caretaker does not
				necessarily result in a finding that the need to care for an incapacitated or
				ill household family member is so great as to limit or exclude participation.
				Many participants with impairments are able to work and thus are not considered
				to have a medical condition requiring the granting of a limited work
				participation status according to the standards set forth in the NMW program.
(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 102 - CASH ASSISTANCE PROGRAMS › Part 420 - RECIPIENT POLICIES - SPECIAL RECIPIENT REQUIREMENTS › Section 8.102.420.14 - CHILD SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Assignment:
				By state statute, Subsection F of Section 27-2-28 NMSA 1978, any participant
				who signs an application automatically assigns the participant's child support
				rights to the HCA. The assignment shall be made with respect to the child for
				whom NMW is provided and shall be valid as long as the participant receives NMW
				payments on the child's behalf. The assignment shall also include any spousal
				support for which the applicant is or may become eligible.
B. Cooperation:
(1) The adult responsible for each child
				included in the benefit group must cooperate with the child support services
				division (CSSD) in obtaining child support for any dependent child included in
				the NMW benefit group. Failure to do so will result in payment sanctions. The
				adult shall be required to cooperate regardless of whether the adult is
				included in the benefit group.
(2)
				Failure to cooperate shall result in the personal ineligibility of the
				participant refusing to cooperate and in a payment sanction against the benefit
				group, as described in
				8.102.620.10 NMAC.
(3) The determination as to whether the
				participant has cooperated with CSSD shall be made by CSSD based on CSSD
				requirements. The cooperation requirement may be partially or fully waived by
				CSSD upon demonstration of good cause by the specified relative as indicated in
				Subsection E of
				8.102.420.14 NMAC.
(4) The caretaker relative must transmit to
				CSSD any child support, spousal or medical support payment which the caretaker
				relative receives directly.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 420 - RECIPIENT POLICIES - SPECIAL RECIPIENT REQUIREMENTS › Section 8.102.420.16 - SSI STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
Any individual who is potentially eligible for SSI on the
				  basis of either age or disability must apply for and accept SSI. An individual
				  receiving SSI, or who would be receiving SSI except for recovery of an
				  overpayment, is not eligible to be included in an NMW, or an EWP benefit
				  group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 460 - RECIPIENT POLICIES - COMPLIANCE REQUIREMENTS › Section 8.102.460.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. 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.
B. The Personal Responsibility and Work
				Opportunity Reconciliation Act of 1996 created the temporary assistance for
				needy families (TANF) block grant under Title IV of the Social Security Act.
				Through the New Mexico Works Act of 1998, NMSA 1978, Section 27-2B-1, et seq.,
				the New Mexico works program was created.
C. In coordination with the NMW program, the
				department administers the food stamp employment and training program (E&T)
				pursuant to the Food Security Act of 1985 and federal regulations at Title 7,
				Code of Federal Regulations.
D.
				Section 9-8-1 et seq. NMSA 1978 establishes the health care authority (HCA) as
				a single, unified department to administer laws and exercise functions relating
				to health care facility licensure and health care purchasing and
				regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 460 - RECIPIENT POLICIES - COMPLIANCE REQUIREMENTS › Section 8.102.460.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 1, 2012, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 460 - RECIPIENT POLICIES - COMPLIANCE REQUIREMENTS › Section 8.102.460.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				the New Mexico works (NMW) program is to improve the quality of life for
				parents and children by increasing family income, resources and support. Family
				income is increased through family employment and child support and by
				utilizing cash assistance as a support service to enable and assist parents to
				participate in employment.
B. The
				objective of education works program (EWP) is to provide cash assistance to a
				benefit group where at least one participant is enrolled in a post-secondary,
				graduate or post-graduate institution. Education and training are essential to
				long-term career development. The applicant or recipient benefit group would be
				otherwise eligible for NMW cash assistance, but chooses to participate in
				EWP.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 460 - RECIPIENT POLICIES - COMPLIANCE REQUIREMENTS › Section 8.102.460.9 - NMW COMPLIANCE REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Work program requirements apply to each adult and minor head
				  of households benefit group member whether the benefit group is a two-parent or
				  single-parent benefit group.
A. All
				adult and minor head of household participants are required to complete an
				assessment, individual responsibility plan (IRP), work participation agreement
				(WPA) applicable work requirement hours and timely submission of documentation
				showing completion of required work hours.
B.
Non-compliance with the NMW
				requirements:
Participants who are in non-compliance with any of the NMW
				requirements are subject to conciliation and sanction as outlined at 8.102.620
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 460 - RECIPIENT POLICIES - COMPLIANCE REQUIREMENTS › Section 8.102.460.10 - ORIENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
(1) Participants of NMW shall
				be provided a work program orientation, which explains the work program and its
				objectives to the participant.
(2)
				Participants shall be given information concerning their rights, supportive
				services provided during participation, and transitional services available
				after the NMW case closes because of earnings from employment.
(3) Participants shall be informed of their
				responsibilities for complying with work program requirements and that failure
				to do so, without good cause, shall result in the reduction or loss of NMW
				benefits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 460 - RECIPIENT POLICIES - COMPLIANCE REQUIREMENTS › Section 8.102.460.11 - ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Requirements:
No later than 15 calendar days after an application is
				approved, participants shall have an assessment done by the NMW service
				provider of their education, skills, prior work experience, barriers, and
				employability. The assessment is a necessary pre-cursor to the IRP, development
				of WPA, and is a crucial and necessary element in meeting work program
				requirements. The assessment is also used in making determinations for requests
				for limited participation status. Failure to participate in or to complete the
				assessment may result in work program noncompliance and payment sanctions,
				unless good cause exists.
B.
Elements:
The assessment includes the following elements:
(1) a referral by the caseworker to a local
				agency or agencies that act on behalf of the department to carry out the
				assessment; and
(2) a face-to-face
				meeting between the participant and the agency no later than 15 calendar days
				following approval of assistance for the participant in which the assessment is
				carried out; there are a variety of assessment tools and forms that may be
				used, provided that they address the participant's education, skills, prior
				work experience and employability.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 460 - RECIPIENT POLICIES - COMPLIANCE REQUIREMENTS › Section 8.102.460.12 - INDIVIDUAL RESPONSIBILITY PLAN (IRP)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Requirement:
All
				participants are required to develop an IRP with the assistance of the NMW
				service provider no later than 15 days from the date of approval of
				assistance.
B.
General
				purpose:
The IRP is:
(1) a personal
				planning tool, intended to assist the participant in long-term career planning,
				address barriers and secure and maintain employment;
(2) intended to assist the participant in
				setting realistic long-term employment goals and to identify those steps which
				must be taken to achieve the stated goals;
(3) not intended to fulfill the limited
				purpose of identifying work activities which will meet NMW work program
				participation requirements; the participant is encouraged to use the IRP to
				choose work activities which will meet work program participation requirements
				and, at the same time, will assist in setting long-term employment goals;
				and
(4) designed to move the
				participant into whatever employment the participant is capable of handling,
				and to provide the support services necessary to increase the responsibility
				and amount of work the participant will handle over time.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 460 - RECIPIENT POLICIES - COMPLIANCE REQUIREMENTS › Section 8.102.460.13 - WORK PARTICIPATION AGREEMENT (WPA)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
The purpose of the
				WPA is to assure the participant and the department that the work activities in
				which the participant is engaged meet the standard or limited work requirement
				hours and the participant is referred to receive all available support
				services.
B.
Contents of the
				agreement:
At a minimum, the WPA shall:
(1) list the participant's proposed work
				activities;
(2) list the level of
				effort for each activity;
(3) list
				the support services to be provided by the department;
(4) list the reasonable accommodations that
				may be necessary to ensure meaningful engagement;
(5) be signed by the participant;
				and
(6) upon approval of the
				activities and support services, signed by the NMW service provider.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 460 - RECIPIENT POLICIES - COMPLIANCE REQUIREMENTS › Section 8.102.460.14 - NMW STANDARD WORK PARTICIPATION HOURS

Current through Register Vol. 35, No. 13, July 16, 2024
The following work participation requirement hours apply to
				  all participants unless the participant is granted limited work participation
				  status.
A.
General:
Participation activities may be met through those activities listed in
				8.102.461 NMAC.
(1) A parent subject to
				participation shall maintain the participation standards based on their status
				and provide verification of participation at a rate at least equaling the
				applicable participation standard.
(2) Participants granted a limited work
				participation status must meet the limited work participation requirement hours
				on their WPA and provide verification of participation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 460 - RECIPIENT POLICIES - COMPLIANCE REQUIREMENTS › Section 8.102.460.15 - LIMITED WORK PARTICIPATION STATUS

Current through Register Vol. 35, No. 13, July 16, 2024
A participant may request a limited work participation status
				  reducing their individual standard work participation to no less than one hour
				  per week, as determined by the department at 8.102.420 NMAC. Individuals who
				  demonstrate extraordinary circumstances may be granted a zero hour limited work
				  participation status. Participants granted a limited work participation status
				  are required to meet the NMW compliance requirements as indicated at
				  8.102.460.9
				  NMAC. Failure to complete the assessment, IRP and WPA may be considered
				  non-compliance with program requirements.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 460 - RECIPIENT POLICIES - COMPLIANCE REQUIREMENTS › Section 8.102.460.16 - CALCULATING HOURS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Total
				monthly hours are calculated by a weekly average of core and non-core
				hours.
B. Time spent traveling to
				and from the work-site, location where child care is provided, or both, do not
				count as hours of participation.
C.
				For paid work activities:
(1) paid leave and
				holiday time count as actual hours;
(2) hours shall be anticipated prospectively
				and verification provided no more than every six months.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 461 - WORK PROGRAM ACTIVITIES › Section 8.102.461.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. 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.
B. The Personal Responsibility and Work
				Opportunity Reconciliation Act of 1996 created the temporary assistance for
				needy families (TANF) block grant under Title IV of the Social Security Act.
				Through the New Mexico Works Act of 1998, NMSA 1978, Section 27-2B-1 et seq.,
				the New Mexico works program was created.
C. In coordination with the NMW program, the
				health care authority administers the food stamp employment and training
				program (E&T) pursuant to the Food Security Act of 1985 and federal
				regulations at Title 7, Code of Federal Regulations.
D. Section 9-8-1 et seq. NMSA 1978
				establishes the health care authority (HCA) as a single, unified department to
				administer laws and exercise functions relating to health care facility
				licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 461 - WORK PROGRAM ACTIVITIES › Section 8.102.461.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				the New Mexico works (NMW) program is to improve the quality of life for
				parents and children by increasing family income, resources and support. The
				further purpose of the program is to increase family income through family
				employment and child support and by utilizing cash assistance as a support
				service to enable and assist parents to participate in employment.
B. The objective of education works program
				(EWP) is to provide cash assistance to a benefit group where at least one
				participant is enrolled in a post-secondary, graduate or post-graduate
				institution. Education and training are essential to long-term career
				development. The applicant or recipient benefit group would be otherwise
				eligible for NMW cash assistance, but chooses to participate in EWP.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 461 - WORK PROGRAM ACTIVITIES › Section 8.102.461.9 - PROGRAM ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
The following sections describe the various work program
				  activities in which participants may participate. A participant may participate
				  in multiple work program activities at the same time or one after the other.
				  The activities to be completed during an established period are identified in a
				  work participation agreement by the participant and approved by
				  ISD.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 461 - WORK PROGRAM ACTIVITIES › Section 8.102.461.10 - WORK ACTIVITIES - CORE AND NON-CORE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Core work activities:
Core
				activities are allowable for a participant to meet the standard work
				participation requirement hours for a single or two parent household or to meet
				the minimum standard work participation requirement hours as defined at
				8.102.460.14 NMAC. For purposes of meeting the participant's standard work
				participation requirement hours core work activities are defined in
				8.102.461.11 NMAC thru 8.102.461.19 NMAC.
B.
Non-core work activities:
Non-core activities are allowable for a participant to address barriers or to
				meet the work requirement hours. A non-core activity may include, but is not
				limited to, an activity as defined in 8.102.461.20 NMAC thru 8.102.461.22
				NMAC.
C.
Limited
				participation status:
Participants with limited participation status
				shall participate in the qualified activities best suited to their abilities as
				listed on their work participation agreement. The activities will be based upon
				the participant's individual circumstances as per 8.102.420.15 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 461 - WORK PROGRAM ACTIVITIES › Section 8.102.461.11 - UNSUBSIDIZED EMPLOYMENT (CORE ACTIVITY)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unsubsidized employment is full- or
				part-time employment in the public or private sector that is not funded
				directly or in part by TANF or any other public program. Unpaid apprenticeships
				and unpaid internships are included as unsubsidized employment.
B.
General:
(1) Hours for participants who are employed
				for wages at or above minimum wage will be determined by actual hours worked
				and will include paid leave and holidays.
(2) Hours for participants who are self-
				employed will be determined by subtracting business expenses from gross income
				for the term reported and divided by the federal minimum wage.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 461 - WORK PROGRAM ACTIVITIES › Section 8.102.461.12 - SUBSIDIZED PRIVATE SECTOR EMPLOYMENT (Core Activity)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employment for which the employer receives
				a subsidy from TANF or other public funds to offset some or all of the wages
				and costs of employing a participant is considered to be subsidized private
				sector employment.
B.
General:
New Mexico will use TANF funds to offset the wages of
				employing a TANF participant for an established period of time. Upon expiration
				of the subsidized term of employment, the employer is expected to hire the
				participant. This income will be excluded for determining TANF
				eligibility.
C.
Component
				activities:
The following shall be considered as qualified participation
				hours for subsidized private sector employment.
(1) Employment will be considered subsidized
				if the employer receives TANF or other public sector funding for an
				employee.
(2) Public sector paid
				apprenticeships and paid internships shall be considered subsidized
				employment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 461 - WORK PROGRAM ACTIVITIES › Section 8.102.461.13 - SUBSIDIZED PUBLIC SECTOR EMPLOYMENT (CORE ACTIVITY)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Employment for which the employer receives
				a subsidy from TANF or other public funds to offset some or all of the wages
				and costs of employing a participant is considered subsidized employment. The
				employment will be considered subsidized if an employer receives a TANF or
				other public sector subsidy for an employee.
B.
General:
A participant is
				ineligible for NMW/TANF cash assistance while participating in subsidized
				public sector employment. Subsidized public sector employees will be paid no
				less than the greater of federal or state minimum wage.
C.
Component activities:
The
				following shall be considered as qualified participation hours for subsidized
				public sector employment:
(1) Paid
				apprenticeships and paid internships.
(2) Participation in various support services
				designed to remove barriers towards employment shall be considered countable
				hours as long as the participant is paid for involvement.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 461 - WORK PROGRAM ACTIVITIES › Section 8.102.461.14 - ON-THE-JOB TRAINING (CORE ACTIVITY)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Training in the public or private sector
				that is given to a paid employee that provides knowledge and skills essential
				to the full and adequate performance of the job shall be considered on-the-job
				training. On-the-job training (OJT) may be subsidized or unsubsidized. The
				employer of an OJT participant will retain the employee after the successful
				completion of the OJT contract and the existence of a written training plan;
				these plan requirements distinguish OJT from other subsidized
				employment.
B.
General:
(1) Hours in an
				on-the-job-training activity will be determined by actual hours worked or upon
				the contract the HSD has with the employer including paid leave and holidays
				and projected for up to six months.
(2) The department will coordinate with the
				department of workforce solutions, Workforce Investment Act (WIA), one-stops or
				the New Mexico in-plant-training program to engage TANF participants in this
				work activity.
(3) To qualify as
				OJT there must be a contractual agreement with the employer and HSD may pay no
				more than 50 percent of the participant's wage and benefit package.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 461 - WORK PROGRAM ACTIVITIES › Section 8.102.461.15 - JOB SEARCH AND JOB READINESS ASSISTANCE (CORE ACTIVITY)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Job search
				includes the acts of seeking or obtaining employment, and preparation to seek
				or obtain employment.
B.
General:
(1) Countable hours for
				looking for job openings, making contact with potential employers, applying for
				vacancies and interviewing for jobs, and in labor market training will be
				determined by actual hours spent engaged in these activities. Travel time
				between these activities does count as actual hours of participation, except
				the travel time to and from home.
(2) Job search hours are countable in meeting
				the core work requirement hours for an individual with the following
				limitations:
(a) a single parent with a child
				under the age of six cannot participate for more than 80 consecutive hours and
				not to exceed 120 hours in the preceding 12 months; or
(b) a single parent with a dependent child
				over age six cannot participate for more than 120 consecutive hours and not to
				exceed 180 hours in a preceding 12 months;
(c) in either of the above circumstances
				participation shall not exceed four consecutive weeks of engagement in job
				search and job readiness; and
(d)
				in either of the above circumstance participation shall not exceed six weeks of
				engagement in job search and job readiness.
(3)
Needy state status:
If New
				Mexico is determined to be a needy state as determined by the United States
				department of health and human services the maximum number of hours allowed for
				participation is as follows:
(a) a single
				parent with a child under age of six cannot participate for more than 80
				consecutive hour and not to exceed 240 hours in the preceding 12 months;
				and
(b) a single parent with a
				dependent child over age six cannot participate for more than 120 consecutive
				hours and not to exceed 360 hours in the preceding 12 months.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 461 - WORK PROGRAM ACTIVITIES › Section 8.102.461.16 - WORK EXPERIENCE (CORE ACTIVITY)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Work experience is an unpaid activity. The
				purpose of work experience is to improve the employability of those who cannot
				find employment. Work experience may be in a public or private sector
				setting.
B.
General:
(1) The type of work experience placement
				needed by a participant may be identified during the assessment or the
				development of the IRP. Participants in a work experience placement can either
				be subsidized employees or trainees, depending upon the nature of the
				placement.
(2)
Sponsoring
				agencies:
Participants may be placed in either a public or private
				sector work site. The work site is selected based on a participant's individual
				needs. Sponsoring agencies provide supervision in a safe and healthy work
				environment and must ensure that the environment is free of discrimination
				based on race, gender, national origin, handicap, age, religion, or political
				affiliation.
(a) The sponsoring agency must
				enter into an agreement with the department which details the expectations and
				responsibilities of each party and ensures an appropriate work
				setting.
(b) The sponsoring agency
				may not displace any current employee in layoff status or infringe on the
				promotional opportunities of any current employee.
(c) The sponsoring agency shall be encouraged
				to give a hiring preference consideration to participants assigned to their
				agency.
(3)
Liability insurance:
All work providers must sign a work experience
				agreement and provide trainees with liability insurance. Participants in a
				trainee activity are covered by medicaid except for injuries caused on the job
				not covered by medicaid. Work-site accidents must be reported to the ISD office
				within 24 hours of occurrence. A written accident report must be obtained from
				the work site by the ISD office and submitted to the department's central
				office within five working days.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 461 - WORK PROGRAM ACTIVITIES › Section 8.102.461.17 - COMMUNITY SERVICE PROGRAMS (CORE ACTIVITY)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Community service is a non-paid work
				activity. Participants provide services needed by their community. Sponsoring
				agencies may be either public sector or private nonprofit entities such as
				libraries, charities, churches, and schools. The department will review each
				placement and take into account, to the extent possible, the prior training,
				experience, and skills of a participant in making appropriate community service
				assignments.
B.
General:
To qualify as a community services placement, the activities
				carried out must be similar to those which would normally be carried out by a
				volunteer working with the agency rather than those carried out by an employee.
				Federal guidelines for determining whether a placement is a "volunteer" versus
				an "employee" must be followed by the sponsoring agency.
C.
Component activities:
The
				following shall be considered as qualified participation hours for community
				service programs.
(1) Community service
				programs will be limited to projects that serve a useful community purpose in
				fields such as health, social service, environmental protection, education,
				urban and rural redevelopment, welfare, recreation, public facilities, public
				safety, and child care.
(2)
Head-start, schools and child care centers:
Some educational and child
				care programs allow, or require, parents to contribute time in the classroom or
				on class activities outside the classroom. Time spent in such activities is
				considered to be community service time and is countable as a core work
				activity.
(3)
Liability
				insurance:
All work providers must sign a community service agreement
				and provide trainees with liability insurance. Participants in a trainee
				activity are covered by medicaid and additional medical insurance for injuries
				caused on the job that may not be covered by medicaid. Work-site accidents must
				be reported to the ISD office within 24 hours of occurrence. A written accident
				report must be obtained from the work site by the ISD office and submitted to
				the department's central office within five working days.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 461 - WORK PROGRAM ACTIVITIES › Section 8.102.461.18 - CHILD CARE FOR COMMUNITY SERVICE PARTICIPANTS (CORE ACTIVITY)

Current through Register Vol. 35, No. 13, July 16, 2024
A. NMW participants
				may meet the NMW standard work participation requirement hours by providing
				child care services, at no cost, to other NMW participants engaged in community
				services.
B.
General:
Use of a child care provider by a participant, as provided in this section, is
				at the sole discretion of the participant.
(1) The department will make a good faith
				effort to assure the provision of quality care and a safe environment by
				referring community service participants only to childcare providers who have
				been certified by CYFD. The department makes no claim as to the quality of care
				which will be provided, and assumes no liability, for the physical or emotional
				condition of children referred to a home certified by CYFD.
(2) The minimum number of children a
				participant may care for is determined based on the number of families needing
				child care while participating in a community service component. However, at no
				time will the number exceed child-care standards established by CYFD. A
				participant electing to participate as child care provider is referred to CYFD
				to enroll in the family nutrition program and to become a registered child care
				provider with the state prior to placement of any children there by the
				department. Participants must also agree to obtain 20 hours of child care
				training within six months of approval.
(3) After successful registration, meeting
				safety regulations, and receiving training, NMW participants shall become
				registered child care providers. NMW participants shall then become eligible to
				receive payments from CYFD for providing child care services.
(4) Hours of participation are based on the
				number of hours each day the participant is actually providing care for the
				children, plus one hour before and one after the children leave for the
				purposes of clean-up and preparation.
(5) Upon placement of any child for pay, by
				CYFD or by a parent, the participant is considered to be employed.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 461 - WORK PROGRAM ACTIVITIES › Section 8.102.461.19 - VOCATIONAL EDUCATION AND TRAINING (CORE ACTIVITY)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Organized career and technical educational
				programs that are directly related to the preparation of a participant for
				employment in current or emerging occupations requiring training, to include a
				baccalaureate or advanced degree are considered to be vocational education and
				training. Engagement shall be reported as core participation for not more than
				12 months in a lifetime.
(1) A course of
				vocational education or training is one whose purpose is to provide the
				specific knowledge and skills needed by a participant to carry out the
				functions and activities of an occupation or class of occupations listed in the
				DOT (dictionary of occupational titles). A participant will be granted a degree
				or certificate at the end of the program which names the occupation.
(2) Vocational educational training must be
				provided by education or training organizations, which may include, but are not
				limited to, vocational-technical schools, community colleges, postsecondary
				institutions, proprietary schools, non-profit organizations, and secondary
				schools that offer vocational education and are certified to provide the
				participant a certificate of completion by an accredited agency.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 461 - WORK PROGRAM ACTIVITIES › Section 8.102.461.20 - JOB SKILLS TRAINING (NON CORE ACTIVITY)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Job skills training required by an
				employer to provide a participant with the ability to obtain employment or to
				advance within the workplace is considered job skills training.
B.
General:
Non-core work
				activities are countable towards the total work participation requirement hours
				for a participant who has completed the core work activity hours.
C.
Component activities:
Participation in the following is considered as meeting work participation
				requirement hours when combined with a core work activity:
(1) full-time training for adult basic
				education (ABE), English as a second language (ESL);
(2) post-secondary education; or
(3) any other job related training that can
				not be considered vocational education as outlined in 8.102.461.19
				NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 461 - WORK PROGRAM ACTIVITIES › Section 8.102.461.21 - EDUCATION RELATED TO EMPLOYMENT (NON CORE ACTIVITY)

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any organized activity which is designed
				to improve the participant's knowledge or skills for the specific purpose of
				increasing the participant's ability to perform in the workplace is considered
				to be education directly related to employment.
B.
General:
NMW participants
				may engage in this activity if they have not received a high school diploma or
				a certificate of high school equivalency or needs specific education related to
				current employment or job offer. Non-core work activities are countable towards
				the total work participation standard for a participant who has completed the
				core work activity hours.
C.
Component activities:
Participation in the following is considered as
				meeting work participation requirement hours when combined with a core work
				activity:
(1) English as a second language
				(ESL) for participants who are unable to or uncomfortable with their ability to
				communicate in English, either spoken or written; or
(2) literacy training for participants who
				have trouble understanding written English and is based on a demonstrated or
				acknowledged difficulty in reading comprehension, regardless of the level of
				education completed; or
(3) adult
				basic education (ABE) to assist participants who need classes providing basic
				educational training before working on a general equivalency degree (GED);
				or
(4) GED classes for participants
				who have completed a general equivalency diploma pre-test and the results
				indicate the participant is ready; or
(5) high school attendance for participants
				who are attending an accredited high school, a participant who has recently
				dropped out of high school shall be encouraged to re-enroll or required to
				pursue a GED; or
(6) post-secondary
				institution for participants who are enrolled in advanced educational training
				activity through colleges, technical institutes or universities and who are
				attending classes in order to complete a two- or four-year college degree;
				or
(7) education directly related
				to employment shall include any other job-related class provided by a facility
				or organization.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 461 - WORK PROGRAM ACTIVITIES › Section 8.102.461.22 - SECONDARY SCHOOL/GED (NON CORE ACTIVITY)

Current through Register Vol. 35, No. 13, July 16, 2024
A. The secondary school/GED work program
				activity serves participants who are age 18 or older. This may be a qualified
				activity for a participant who is under age 20, but cannot enroll in high
				school if the participant has:
(1)
				successfully completed a previous education work program activity - English as
				a second language or adult basic education; or
(2) completed a general equivalency diploma
				pre-test and the results indicate the participant is ready for GED
				classes.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 462 - NEW MEXICO WAGE SUBSIDY PROGRAM › Section 8.102.462.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. 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.
B. The Personal Responsibility and Work
				Opportunity Reconciliation Act of 1996 created the temporary assistance for
				needy families (TANF) block grant under Title IV of the Social Security Act.
				Through the New Mexico Works Act of 1998, NMSA 1978, Section 27-2B-1 et seq.,
				the New Mexico works program was created.
C. Section 9-8-1 et seq. NMSA 1978
				establishes the health care authority (HCA) as a single, unified department to
				administer laws and exercise functions relating to health care facility
				licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 462 - NEW MEXICO WAGE SUBSIDY PROGRAM › Section 8.102.462.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 1, 2012, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 462 - NEW MEXICO WAGE SUBSIDY PROGRAM › Section 8.102.462.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				the New Mexico works (NMW) program is to improve the quality of life for
				parents and children by increasing family income, resources and support. The
				further purpose of the program is to increase family income through family
				employment and child support and by utilizing cash assistance as a support
				service to enable and assist parents to participate in employment. This is
				achieved by participation in, and successful completion of the activities
				described in this part.
B. The New
				Mexico wage subsidy program is a subsidized employment opportunity where a TANF
				cash assistance participant is employed full time. The department or its agents
				may subsidize the up to 50 percent of the employee's salary with funds from the
				TANF block grant. Funding of the program is contingent on specific
				appropriation of state and federal funding.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 462 - NEW MEXICO WAGE SUBSIDY PROGRAM › Section 8.102.462.8 - CASE ADMINISTRATION FOR THE NEW MEXICO WAGE SUBSIDY PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico wage subsidy program is a subsidized
				  employment opportunity where a TANF cash assistance participant is employed
				  full-time. Payments to employers are made from TANF block grant funds.
A.
Initial eligibility:
Active
				participants in the TANF/NMW program may be referred to participating employers
				to be considered for a New Mexico wage subsidy position. To be eligible for
				these positions, the participant must meet the following criteria:
(1) have sufficient work
				experience;
(2) be a registered
				participant in NMW;
(3) is not in
				current conciliation or being sanctioned for non-cooperation with the NMW work
				requirements or child support requirements;
(4) have citizenship documentation and a
				social security number; and
(5)
				have verification of their highest educational level attained.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 462 - NEW MEXICO WAGE SUBSIDY PROGRAM › Section 8.102.462.9 - PROGRAM LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Failure to comply with other requirements:
The benefit group shall be
				transitioned back to the NMW cash assistance and appropriate sanctions applied
				if a participant fails or refuses to comply with child support enforcement, or
				school attendance, or reporting requirements in the NMW cash assistance
				program. The transition is effective in the month following the month the
				failure or refusal to comply is established.
B.
Two-parent family:
In a
				two-parent family where only one of the parents is a participant in the New
				Mexico wage subsidy program, the other parent, if considered as a mandatory
				participant in the NMW work program, shall be required to participate in
				qualified work activities for a minimum of 30 hours per week. At least 20 hours
				a week must be spent in qualified primary work activities.
C. If a wage subsidy participant voluntarily
				quits a job without good cause, as determined by the NMW service provider or
				the department, the participant will no longer be considered for participation
				in the wage subsidy program. Refer to 8.102.620 NMAC for good cause
				provisions.
D. The TANF cash
				assistance participant will then have 10 days to notify the NMW service
				provider and renew work participation activities or be subject to the
				conciliation/sanction process for non-compliance with the work
				program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 462 - NEW MEXICO WAGE SUBSIDY PROGRAM › Section 8.102.462.10 - REQUIREMENTS FOR PARTICIPATING EMPLOYERS

Current through Register Vol. 35, No. 13, July 16, 2024
Participating employers shall:
A. hire NMW participants for subsidized
				positions and offer a reasonable possibility of unsubsidized employment after
				the subsidy period;
B. not require
				participants to work in excess of forty hours per week;
C. pay a wage that is equal to the wage paid
				to permanent employees performing the same job duties and no less than the
				federal minimum wage;
D. ensure
				that the subsidized employment does not impair an existing contract or
				collective bargaining agreement;
E.
				ensure that the subsidized employment does not displace currently employed
				persons or fill positions that are vacant due to a layoff;
F. maintain health, safety and work
				conditions at or above levels generally acceptable in the industry and not less
				than those of comparable jobs offered by the employer;
G. provide on-the-job training necessary for
				subsidized participants to perform their duties;
H. sign an agreement for each placement
				outlining the specific job offered to a subsidized employee and agreeing to
				abide by all of the requirements of the wage subsidy program;
I. provide workers' compensation coverage for
				each subsidized employee;
J.
				provide other benefits (includes but is not be limited to, health care
				coverage, paid sick leave, holiday and vacation pay) equal to those for new
				employees, or as required by state and federal law, whichever is greater;
				and
K. inform the department of any
				absences resulting in leave without pay; and
L. proceed with termination of any New Mexico
				wage subsidy employee who has used an excess of 16 hours excused absences in a
				month or 80 cumulative hours over the course of the wage subsidy
				term.