New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS › Part 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS › Section 8.100.130.11 - TIMEFRAME FOR PROVISION OF VERIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant/ recipient is always allowed the complete time
				  processing deadline for the program to provide necessary verification. The
				  minimum amount of time allowed is specific to the program. This requirement
				  pertains to requests for verification for initial applications as well as for
				  verification for ongoing eligibility. Below are the time frames for provision
				  of verification by type of assistance. ISD shall make an eligibility decision
				  within three work days of the receipt of all necessary verification.
A. Food assistance and NMW/EWP cash
				assistance programs: The application disposition deadline for SNAP and cash
				assistance programs is 30 calendar days.
(1)
				Expedited (emergency) SNAP: If applicant is eligible for expedited SNAP
				processing, issue benefits no later than the sixth day following the date of
				application to be available to the applicant/recipient on the seventh day or
				the preceding work day if the sixth day falls on a weekend or
				holiday.
(2) Day 1: Calendar day
				following date of application.
(3)
				Approvals: If verification provided establishes eligibility and the 30th
				calendar day after the application is:
(a)
				Monday by the preceding Friday, the 27th day;
(b) Tuesday by the preceding Monday, the 29th
				day;
(c) Wednesday by the preceding
				Tuesday, the 29th day;
(d) Thursday
				by the preceding Wednesday, the 29th day;
(e) Friday by the preceding Thursday, the
				29th day;
(f) Saturday by the
				preceding Friday, the 29th day;
(g)
				Sunday by the preceding Friday, the 28th day;
(h) Monday holiday by the preceding Friday,
				the 27th day;
(i) if necessary
				verification is not received by these deadlines but is received on or before
				the end of the processing period, approve on the day that full verification is
				provided.
(4) Needbased
				determination: ISD must make a need-based eligibility determination for SNAP
				within 30 days of the date of the application or by the preceding work day if
				the 30th day falls on a weekend or holiday, if all mandatory verification has
				been received, with the following specific provisions. If one or more household
				members have failed to turn in mandatory individual verification that is not
				required for all the mandatory members of a household, ISD will deny those
				members missing verification, and will determine eligibility for the remaining
				members.
(5) Procedural denials:
(a) Lack of verification: In cases where ISD
				was able to conduct an interview and request all necessary verification on the
				same day or any day before the 30th day after the
				application was filed, and no subsequent requests for verification have been
				made, ISD may deny the application on the 30th day.
				Following the day of application, if ISD provided assistance to the household
				in obtaining the verification in accordance with
				7 CFR
				273.2(f)(5), but the
				household failed to provide the requested verification, ISD may deny the
				application on the 30th day after the application
				was filed.
(b) Missed interview: If
				the household failed to appear for a scheduled interview and made no subsequent
				contact with ISD to express interest in pursuing the application, the
				application shall be denied on the 30th day following the day of application.
				The household must file a new application if it wishes to participate in the
				program.
(6) Extension of
				time beyond the 30th day: If ISD does not determine a household's eligibility
				and provide an opportunity to participate within 30 days following the date the
				application was filed, ISD shall take action in accordance with
				7 CFR
				273.2(h).
(a) Household caused: If by the 30th day ISD
				cannot take any further action due to the fault of the household, the household
				shall lose its entitlement to benefits for the month of application and a
				notice of denial shall be issued. The household will be given an additional 30
				days to take the required action.
(i) If the
				household takes the required action within 60 days following the date of
				application, the case shall be reopened without requiring a new application. If
				the household is found eligible during the second 30 day period, benefits shall
				be provided only from the month following the month of application. The
				household is not entitled to benefits for the month of application when the
				delay was the fault of the household.
(ii) If the household is at fault for not
				completing the application process within 60 days following the date of initial
				application, ISD shall deny the application and require the household to file a
				new application if it wishes to participate.
(b) ISD caused:
(i) Whenever a delay in the initial 30 day
				period is the fault of ISD, immediate corrective action shall be taken. If the
				household is found to be eligible during the second 30 day period, the
				household shall be entitled to benefits retroactive to the date of application.
				If, however, the household is found to be ineligible, ISD shall deny the
				application.
(ii) If ISD is at
				fault for not completing the application process by the end of the second
				30-day period, and the case is otherwise complete, ISD shall continue to
				process the original application until an eligibility determination is
				reached.
(iii) If ISD is at fault
				for not completing the application process by the end of the second 30-day
				period, but the case is not complete enough to reach an eligibility
				determination, ISD may continue to process the original application, If ISD was
				also at fault for the delay in the initial 30 days, the amount of benefits lost
				would be calculated from the month following the month of
				application.