reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 610 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DELIVERY › Section 8.102.610.8 - CASH ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Method
				of payment: Cash assistance benefits are paid by issuing funds into an EBT
				transfer account.
B. Initial
				issuance: The EBT card is issued to the payee or designated authorized
				representative during the application process prior to the application being
				approved. The applicant or participant shall receive training on the use of the
				EBT card prior to activation of the EBT card.
C. Replacement card: The caseworker, the HCA
				EBT help desk or the contractor customer service help desk shall have the card
				deactivated once reported by participant that the card is lost, stolen, or
				destroyed. The card will be deactivated immediately and a replacement card
				provided to the participant. Once the card is deactivated, it cannot be
				reactivated for any reason.
D.
				Authorizing payments:
(1) Cash assistance
				benefits are authorized, changed, and terminated through the automated benefit
				delivery system.
(2) Initial
				payments are issued on the first mailing day following authorization. In the
				case of EBT, the transfer of funds takes place on the first working day after
				the day of authorization.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 610 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DELIVERY › Section 8.102.610.10 - SUPPORTIVE SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. The NMW
				work program provides supportive services on an ongoing basis, provided that
				the participant is eligible to receive the services during the month
				provided.
B. Participants must meet
				minimum participation requirements in order to receive supportive services
				reimbursements. Reimbursement for supportive services is issued by EBT payment
				to the benefit group in accordance with
				8.102.620.14 NMAC thru
				8.102.620.17 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 610 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DELIVERY › Section 8.102.610.12 - DIVERSION PAYMENTS TO A NMW BENEFIT GROUP

Current through Register Vol. 35, No. 13, July 16, 2024
The diversion payment is a non-recurring lump sum payment,
				  issued to the recipient's EBT account in accordance with eligibility and amount
				  specified at
				  8.102.500.10
				  NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 611 - EDUCATION WORKS PROGRAM › Section 8.102.611.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Articles 1 and 2 of Chapter 27 NMSA 1978 authorize the state to administer the
				aid to families with dependent children (AFDC), general assistance (GA),
				shelter care supplement, the burial assistance programs and such other public
				welfare functions as may be assumed by the state.
B. Federal legislation contained in the
				Personal Responsibility and Work Opportunity Reconciliation Act of 1996
				abolished the AFDC program. The federal act created the temporary assistance
				for needy families (TANF) block grant under title IV of the Social Security
				Act. Through the New Mexico Works Act of 1998, the New Mexico works (NMW)
				program was created to replace the aid to families with dependent children
				program.
C. Under authority granted
				to the governor by the federal Social Security Act, the health care authority
				(HCA) is designated as the state agency responsible for the TANF program in New
				Mexico.
D. Effective April 1, 1998,
				in accordance with the requirements of the New Mexico Works Act and title IV-A
				of the federal Social Security Act, the HCA is creating the New Mexico works
				program as one of its financial assistance programs, and in accordance with the
				Education Works Act of 2003 the education works program (EWP) was
				created.
E. In close coordination
				with the NMW program, the HCA administers the food stamp employment and
				training program (E&T) pursuant to the Food Security Act of 1985 and
				federal regulations at title 7, code of federal regulations.
F. Section 9-8-1 et seq. NMSA 1978
				establishes the health care authority (HCA) as a single, unified department to
				administer laws and exercise functions relating to health care facility
				licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 611 - EDUCATION WORKS PROGRAM › Section 8.102.611.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				the New Mexico works (NMW) program is to improve the quality of life for
				parents and children by increasing family income, assisting parents to develop
				the discipline necessary for self-sufficiency and to improve their self-esteem.
				The further purpose of the program is to increase family income through family
				employment and child support and by viewing financial assistance as a support
				service to enable and assist parents to participate in employment.
B. The objective of the education works
				program (EWP) is to provide financial assistance to a benefit group where at
				least one individual is enrolled in a postsecondary, 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.
C. The objective of general assistance is to
				provide financial assistance to dependent needy children and disabled adults
				who are not eligible for assistance under a federally matched financial
				assistance program like NMW or the federal program of supplemental security
				income (SSI).
D. The objective of
				the supplement for residential care program is to provide a cash assistance
				supplement to SSI recipients who reside in licensed adult residential care
				homes.
E. The objective of the
				burial assistance program is to assist in payment of burial expenses for
				deceased, low-income individuals.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 611 - EDUCATION WORKS PROGRAM › Section 8.102.611.8 - EDUCATION WORKS ASSISTANCE PAYMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Method of payment: Cash assistance
				benefits are paid by deposit of funds into an EBT account. In some
				circumstances benefits may be issued by warrant.
B. Authorizing payments:
(1) FA benefits are authorized, changed, and
				terminated through the automated benefit delivery system.
(2) Initial payments are issued on the first
				mailing day following authorization. In the case of EBT, the transfer of funds
				takes place on the first working day after the day of authorization.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 611 - EDUCATION WORKS PROGRAM › Section 8.102.611.9 - SUPPORT SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Subject
				to the availability of state and federal funds, a benefit group that has
				countable gross income that is less than one hundred percent of the federal
				poverty guidelines applicable to the size of the benefit group may be eligible
				to receive services.
B. Any month
				that an EWP participant receives support services will count towards the 60
				month temporary assistance to needy families (TANF) lifetime limit if the EWP
				benefit group has no earned income in accordance with Paragraph (4) of
				Subsection A of
				8.102.410.17 NMAC.
C. Support services for child care will be
				issued in accordance with Subsection A of
				8.102.620.15 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 611 - EDUCATION WORKS PROGRAM › Section 8.102.611.10 - EDUCATION WORKS CASH ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Subject to the availability of allocated
				state funds, the education works program (EWP) provides state-funded cash
				assistance to a benefit group where at least one individual is enrolled in a
				postsecondary, graduate or post-graduate institution. The applicant or
				recipient benefit group must be otherwise eligible for NMW cash assistance, but
				chooses to participate in EWP.
(1) The
				state-funded benefit amount is determined based on the same determination used
				to calculate the benefit amount in the NMW cash assistance program.
(2) During the initial application or
				recertification process, the caseworker shall screen an applicant for
				eligibility for the EWP. The caseworker shall explain the EWP to applicants who
				have applied for NMW cash assistance or NMW recipients who are applying for
				continued assistance. The HCA's work program contractor may screen recipients
				of NMW cash assistance for eligibility for participation in the EWP and make a
				referral to the caseworker for transition to the EWP.
(3) An individual shall not have a month of
				participation in the EWP applied to the 60-month term limit for receipt of
				benefits in the state's TANF program.
(4) A benefit group participating in the EWP
				is considered to meet the categorical eligibility factors for the food stamp
				program.
(5) A benefit group
				participating in the EWP shall have its eligibility for medicaid determined.
				Eligibility shall be based on the rules in place for each medicaid
				program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 611 - EDUCATION WORKS PROGRAM › Section 8.102.611.11 - WORK PROGRAM REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				New applicant responsibilities:
(1) The
				individual shall have an assessment completed and shall provide verification
				within 15 days following approval to the EWP.
(2) The individual shall complete a WPA to
				enter the EWP for the level of effort required of participants. The WPA shall
				be submitted to ISD no later than 60 days from the date of approval of
				assistance
(3) ISD and participant
				shall develop an individual education plan (IEP) in compliance with the EWP
				cash assistance program's requirements for an IEP. The IEP shall be submitted
				to ISD no later than 60 days from the date of approval of assistance. The IEP:
(a) shall contain documentation, including,
				but not limited to, acceptance into a particular area of study that supports
				the recipient's ability to succeed in the educational program that was
				chosen;
(b) shall describe how the
				degree will increase the individual's ability to engage in full-time paid
				employment.
(4) Currently
				participating in the NMW cash assistance program: Individuals currently
				participating in the NMW cash assistance program shall have until the end of
				the first full month of participation in the EWP to submit a revised WPA and
				IEP to ISD.
(5) Two-parent family:
				In a two-parent family where only one of the parents is a participant in the
				EWP, 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.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 611 - EDUCATION WORKS PROGRAM › Section 8.102.611.12 - TERMINATING PARTICIPATION IN THE EDUCATION WORKS PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A. The HCA shall take action to terminate an
				individual's participation in the EWP, or to require an individual to apply for
				NMW cash assistance, by issuing an advance written notice under the following
				conditions:
(1) copies of financial aid award
				or denial letters are not provided;
(2) copies of final grades are not
				provided;
(3) there is a failure or
				refusal to comply with reporting requirements of the EWP;
(4) at the end of the probationary period, a
				participant's grade point average is not 2.0 or better;
(5) at the end of the probationary period, a
				participant has failed or refused to comply with the standards set by the
				educational institution, including class attendance;
(6) the participant fails or refuses, without
				good cause, to participate in education activities for at least 20 hours a week
				averaged over the month;
(7)
				funding for the EWP has been exhausted;
(8) an individual participating in the EWP
				has received a bachelor's degree.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 620 - DESCRIPTION OF PROGRAM BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.102.620.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Articles 1 and 2 of Chapter 27 NMSA 1978 authorize the state to administer the
				aid to families with dependent children (AFDC), general assistance (GA),
				shelter care supplement, the burial assistance programs and such other public
				welfare functions as may be assumed by the state.
B. Federal legislation contained in the
				Personal Responsibility and Work Opportunity Reconciliation Act of 1996
				abolished the AFDC program. The federal act created the temporary assistance
				for needy families (TANF) block grant under Title IV of the Social Security
				Act. Through the New Mexico Works Act of 1998, the New Mexico works program was
				created to replace the aid to families with dependent children
				program.
C. Under authority granted
				to the governor by the federal Social Security Act, the health care authority
				(HCA) is designated as the state agency responsible for the TANF program in New
				Mexico.
D. Effective April 1, 1998,
				in accordance with the requirements of the New Mexico Works Act and Title IV-A
				of the federal Social Security Act, the HCA is creating the New Mexico works
				program as one of its cash assistance programs.
E. In close coordination with the NMW
				program, the HCA administers the food stamp employment and training program
				(E&T) pursuant to the Food Security Act of 1985 and federal regulations at
				Title 7, Code of Federal Regulations.
F. Section 9-8-1 et seq. NMSA 1978
				establishes the health care authority (HCA) as a single, unified department to
				administer laws and exercise functions relating to health care facility
				licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 620 - DESCRIPTION OF PROGRAM BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.102.620.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 620 - DESCRIPTION OF PROGRAM BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.102.620.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The purpose of
				the New Mexico works (NMW) program is to improve the quality of life for
				parents and children by increasing family income, resources and support. The
				further purpose of the program is to increase family income through family
				employment and child support and by utilizing cash assistance as a support
				service to enable and assist parents to participate in employment.
B. The objective of the education works
				program (EWP) is to provide cash assistance to a benefit group where at least
				one individual is enrolled in a post-secondary, graduate or post-graduate
				institution. Education and training are essential to long-term career
				development. The applicant or participating 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 620 - DESCRIPTION OF PROGRAM BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.102.620.8 - CASH ASSISTANCE BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				The cash assistance grant shall be determined by subtracting the benefit
				group's countable income from the standard of need applicable to the benefit
				group as indicated in 8.102.520 NMAC.
B. The payment made to the benefit group
				shall be determined by subtracting certain amounts from the grant if the group
				is subject to payment sanctioning or recoupment of an overpayment. The amount
				left over after these amounts are deducted from the amount of payment shall be
				issued to the benefit group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 620 - DESCRIPTION OF PROGRAM BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.102.620.9 - GRANT DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Determining the payment standard: The payment standard shall be determined
				based on the eligibility standards and requirements forth in
				8.102.500.8 NMAC. The payment
				standard also includes the special clothing allowance.
B. Determining benefit group income: The
				benefit group's net countable income considered in the payment determination
				shall be the sum of:
(1) gross non citizen
				sponsor income;
(2) countable
				earnings after allowable deductions and disregards of benefit group members;
				and
(3) gross unearned income of
				benefit group members;
(4) the net
				income calculation is rounded down removing the cents.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 620 - DESCRIPTION OF PROGRAM BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.102.620.10 - CHILD SUPPORT AND NMW NON-COOPERATION PAYMENT SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. General:
(1) The benefit group shall be subject to a
				non-cooperation payment sanction under either or both of the following
				circumstances:
(a) failure by a benefit group
				member to meet NMW requirements; or
(b) failure by the adult responsible for
				children included in a benefit group to meet child support services division
				(CSSD) cooperation requirements or both;
(c) good cause will be evaluated based on the
				circumstances of each instance of non-cooperation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 620 - DESCRIPTION OF PROGRAM BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.102.620.12 - RECOUPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Participants and applicants with an outstanding claim for
				  overpayment of cash assistance benefits shall be required to repay the claim.
				  Claim and recoupment situations and procedures are detailed in 8.100.640
				  NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 620 - DESCRIPTION OF PROGRAM BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.102.620.13 - PAYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The grant amount
				remaining after deduction of sanction and recoupment amounts, if any, shall be
				the amount issued as payment. Any month for which a payment is issued shall be
				a month counted against the 60-month lifetime limit of each adult or minor head
				of household included in the benefit group.
B. Payment issuance: The payment for the
				benefit group shall be issued to the head of household, unless a protective
				payee has been designated by the head of household. In the event the head of
				household is unable or unwilling to select a protective payee, ISD shall
				designate the protective payee on the benefits group's behalf.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 620 - DESCRIPTION OF PROGRAM BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.102.620.14 - SUPPORTIVE SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				explanation of the supportive services available through the NMW work program,
				provided funding is available, shall be given to NMW participants during
				orientation. Participants who need supportive services to participate in the
				program are eligible for such services.
B. NMW work program participants are eligible
				to receive an initial supportive services payment in accordance with
				8.102.620.15 NMAC. The support
				services payment may be used by the participant to cover travel, child care
				costs incurred or both.
C. Ongoing
				supportive services:
(1) Necessary ongoing
				supportive services are identified on the WPA, which identifies the services
				needed and the start and end dates for the services.
(2) If additional supportive services are
				needed after the initial assessment, the WPA shall be modified to reflect the
				changes.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 620 - DESCRIPTION OF PROGRAM BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.102.620.15 - CALCULATING THE SUPPORTIVE SERVICES BENEFIT

Current through Register Vol. 35, No. 13, July 16, 2024
If state or federal funds are specifically appropriated, the
				  HCA may issue supportive services benefits.
A. Child care: The caseworker may authorize
				child care reimbursement for persons for a period not to exceed 30 days. All
				other child care shall be authorized by CYFD. The caseworker shall authorize
				child care in compliance with CYFD program requirements and standards. Child
				care payments shall not be paid for with federal TANF funds and shall not count
				towards the TANF term limits.
B.
				Transportation: NMW participants may receive a standard transportation
				reimbursement.
(1) Reimbursement:
(a) The NMW allows travel reimbursement for
				mandatory and voluntary participants traveling to offices for orientation,
				assessment, reassessment, or employment planning activities. In addition,
				travel costs are reimbursed for approved NMW activities identified and
				developed in the WPA.
(b) Mileage
				costs for paid employment are met through the cash assistance earned income
				deduction. Except for the one-time only advance, travel reimbursement shall not
				be made for any NMW activity for which the individual is paid.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 620 - DESCRIPTION OF PROGRAM BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.102.620.16 - SUPPORTIVE SERVICES BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Issuance schedule:
If state or federal funds are specifically
				appropriated, the HCA may issue supportive services benefits.
(1) Participants assigned to a NMW activity
				may receive reimbursement on a monthly basis. Participants must submit
				participation reports to receive the standard month's reimbursement, timely
				submission is required to receive the reimbursement. Reimbursement shall be
				authorized within five working days after receipt of all required verification.
				Support services shall be issued within 10 working days after authorization.
(2) Participants must submit the
				monthly participation report to be received no later than the fifth calendar
				day after a participation month's end. Reports received on the first workday
				after the fifth shall be considered timely if the fifth occurred on a weekend
				or holiday. Participants shall not be eligible to receive reimbursement if the
				report verifying participation is received 30 days or more following the end of
				the month for which participation is being reported.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 620 - DESCRIPTION OF PROGRAM BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.102.620.17 - SUPPORT SERVICES PAYEE

Current through Register Vol. 35, No. 13, July 16, 2024
Supportive services reimbursements shall be made payable to
				  the head of household for all travel and educational
				  reimbursement.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 100 - RECIPIENT POLICIES - DEFINITIONS AND ACRONYMS › Section 8.106.100.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Statutes Annotated 1978 (Chapter 27, Articles 1
				  and 2) authorize the state to administer the aid to families with dependent
				  children (AFDC), general assistance (GA), shelter care supplement, the burial
				  assistance programs and such other public welfare functions as may be assumed
				  by the state. Section 9-8-1 et seq. NMSA 1978 establishes the health care
				  authority (HCA) as a single, unified department to administer laws and exercise
				  functions relating to health care facility licensure and health care purchasing
				  and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 100 - RECIPIENT POLICIES - DEFINITIONS AND ACRONYMS › Section 8.106.100.5 - 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 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 100 - RECIPIENT POLICIES - DEFINITIONS AND ACRONYMS › Section 8.106.100.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The objective of
				general assistance is to provide cash assistance to dependent needy children
				and disabled adults who are not eligible for assistance under a federally
				matched cash assistance program, such as New Mexico works (NMW) or the federal
				program of supplemental security income (SSI).
B. The objective of the supplement for
				residential care program is to provide a cash assistance supplement to SSI
				recipients who reside in licensed adult residential care homes.
C. The objective of the burial assistance
				program is to assist in payment of burial expenses for an individual who was a
				low-income individual at the time of death.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 100 - RECIPIENT POLICIES - DEFINITIONS AND ACRONYMS › Section 8.106.100.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Definitions beginning with "A":
(1)
Adult residential shelter care home
				(ARSCH):
means a shelter care home for adults that is licensed by the
				department of health.
(2)
Alien:
means an individual who is not a United States
				citizen.
(3)
Application:
means a written request for assistance, on the
				appropriate ISD form, signed by or on behalf of an individual or
				family.
(4)
Attendant:
means an individual needed in the home for medical, housekeeping or child care
				reasons.
(5)
Authorized
				beneficiary:
means the surviving spouse of a disabled adult or the
				caretaker of an unrelated child, who has the ability to use a deceased
				recipient's issued payment.
(6)
Authorized representative:
means an adult who is designated in
				writing by the applicant and is sufficiently knowledgeable about the
				applicant/benefit group's circumstances to complete the application form
				correctly and represent the benefit group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 100 - RECIPIENT POLICIES - DEFINITIONS AND ACRONYMS › Section 8.106.100.8 - ABBREVIATIONS AND ACRONYMS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Abbreviations and acronyms:
(1)
ARSCH:
adult residential shelter care home
(2)
BG:
benefit group
(3)
BIA:
bureau of Indian
				affairs
(4)
BIA-GA:
bureau of Indian affairs-general assistance
(5)
CA:
cash
				assistance
(6)
CE:
categorical eligibility or categorically eligible
(7)
CFR:
code of federal
				regulations
(8)
CS:
child support
(9)
CSED:
(HSD) child support enforcement division
(10)
CYFD:
(New Mexico)
				children, youth & families department
(11)
DOH:
(New Mexico)
				department of health
(12)
DVR:
division of vocational rehabilitation
(13)
DOT
: dictionary of
				occupational titles
(14)
E&T:
employment and training (food stamp work
				program)
(15)
EBT:
electronic benefit transfer
(16)
EI:
earned income
(17)
EWP:
education works program
(18)
FAP:
financial assistance
				program
(19)
FFY:
federal fiscal year
(20)
FMV:
fair market value
(21)
FPL:
federal poverty
				level
(22)
GA:
general
				assistance
(23)
GBI:
guaranteed based income;
(24)
GED:
general equivalency degree;
(25)
HHS:
(U.S.) health and
				human services;
(26)
HSD:
(New Mexico) human services department;
(27)
HUD:
(U.S.) housing and
				urban development;
(28)
IDA:
individual development account;
(29)
IPV:
intentional program
				violation;
(30)
IRP:
individual responsibility plan;
(31)
IRU:
incapacity review
				unit;
(32)
ISD:
(HSD)
				income support division;
(33)
ISD2:
integrated services delivery for income support division
				(ISD);
(34)
MAD:
(HSD)
				medical assistance division;
(35)
MVD:
(New Mexico) motor vehicle division;
(36)
NADA:
national automobile
				dealers association;
(37)
NMAC:
New Mexico administrative code;
(38)
NMDWS
: New Mexico
				department of workforce solutions;
(39)
NMW:
New Mexico
				works;
(40)
NOAA:
notice of adverse action;
(41)
POS:
point of sale;
(42)
PED:
(New Mexico) public
				education department;
(43)
QC:
quality control;
(44)
RR:
regular
				reporting;
(45)
RRP:
refugee resettlement program;
(46)
SAVE:
systematic alien verification for entitlements;
(47)
SE:
self-employment;
(48)
SR:
simplified reporting;
(49)
SSA:
social security
				administration;
(50)
SSI:
supplemental security income;
(51)
SSN:
social security
				number;
(52)
TANF:
temporary assistance to needy families (block grant program under title IV-A of
				the Social Security Act);
(53)
UBI
: Universal basic income;
(54)
UCB:
unemployment
				compensation benefits;
(55)
UEI:
unearned income;
(56)
USCIS:
United States
				immigration and naturalization services;
(57)
USDA:
United States
				department of agriculture;
(58)
VA:
veterans administration;
(59)
WIA:
Workforce Investment
				Act;
(60)
WID:
work
				incentive deduction;
(61)
WPA:
work participation agreement.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.106.110.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Articles 1 and 2 of Chapter 27 NMSA 1978 authorize the state
				  to administer the aid to families with dependent children (AFDC), general
				  assistance (GA), shelter care supplement, the burial assistance programs and
				  such other public welfare functions as may be assumed by the state. Section
				  9-8-1 et seq. NMSA 1978 establishes the health care authority (HCA) as a
				  single, unified department to administer laws and exercise functions relating
				  to health care facility licensure and health care purchasing and
				  regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.106.110.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.106.110.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The objective of
				general assistance is to provide financial assistance to dependent needy
				children and disabled adults who are not eligible for assistance under a
				federally matched financial assistance program, such as New Mexico works (NMW)
				or the federal program of supplemental security income (SSI).
B. The objective of the supplement for
				residential care program is to provide a cash assistance supplement to SSI
				recipients who reside in licensed adult residential care homes.
C. The objective of the burial assistance
				program is to assist in payment of burial expenses for an individual who was a
				low-income individual at the time of death.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.106.110.8 - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
The application shall be submitted on a form designated by
				  the HCA either electronically or in writing and shall be made under oath by an
				  applicant or an applicant on behalf of a dependent child who resides in the
				  home. The application must contain a statement of the age of the applicant or,
				  dependent child, residence in New Mexico, all property in which the applicant
				  has an interest, the income of the applicant or other benefit group members at
				  the time the application is filed; the signature of the applicant, and other
				  information required by the HCA.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.106.110.9 - RIGHT TO APPLY

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				individual has the right to make a formal application for any cash, food or
				medical assistance program administered by the HCA, regardless of whether or
				not the individual appears to meet the conditions of eligibility. Any
				individual requesting information or assistance, or who wishes to apply for
				assistance, shall be encouraged to complete an application that same
				day.
B. An individual shall be
				informed of the right to apply, whether or not it appears the individual will
				be found eligible.
C. An individual
				shall be informed that the date of application affects the benefit amount for
				the first month of issuance.
D.
				Availability of applications: The HCA shall provide the YES-New Mexico web
				portal to submit the application online or paper applications for general
				assistance to anyone requesting an application and to local agencies and
				organizations that have regular contact with the public. Requests, written,
				electronic or by phone, for an application for assistance shall be provided
				with a mailed paper application or the YES-New Mexico web portal address to
				submit an online application.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.106.110.10 - THE APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Submission of an application: An application may be submitted to the HCA in
				person, by mail, via facsimile or by other electronic means which may include
				the YES-New Mexico web portal.
(1) Out-ofstate
				applicants: An application received from out-of-state shall be accepted, but
				shall not be registered until the applicant contacts ISD to confirm their
				presence in the state. If the applicant does not contact the ISD within 30 days
				from receipt of the application, the application shall be returned to the
				applicant.
(2) Application for
				minor children: An application for assistance for minor children, including an
				un-emancipated pregnant minor, must be made by the adult with whom the child or
				children reside and who is assuming responsibility for the support and care of
				the child or children.
(a) If a pregnant minor
				is living in a second-chance home, maternity home or other adult-supervised
				supportive living arrangement, the application must be made by the supervising
				adult as the authorized representative for the minor pregnant woman.
(b) An emancipated minor may submit an
				application in the emancipated minor's own right.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.106.110.11 - INTERVIEWS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application
				interview:
(1) All applicants shall have a
				face to face interview.
(2) The
				interview may take place at a location reasonably accessible and agreeable to
				both the applicant and the caseworker.
(3) The applicant may bring any individual to
				the interview.
(4) The interview
				shall take place within 10 days of the date an application is filed and, to the
				extent possible, at a time that is convenient for the applicant.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.106.110.12 - APPLICATION PROCESSING TIME LIMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Application processing time limit: The
				time limit begins on the day after the signed application is received by the
				ISD office.
(1) ARSCH program supplemental
				payments shall be processed no later than 30 calendar days after
				receipt.
(2) Set and variable term
				general assistance applications shall be processed no later than 90 calendar
				days, after receipt. Reconsideration determinations shall occur no later than
				120 calendar days after receipt of the initial application.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.106.110.13 - DISPOSITION OF APPLICATION/NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants shall receive written notice of application
				  disposition, as indicated below:
A.
				Denials: Provide the reason for denial including regulation citation; the
				applicant's rights and time limits for requesting a fair hearing; and the
				applicant's right to discuss the denial with the caseworker, supervisor or
				county director.
B. Approvals:
				Inform the applicant who is eligible to receive benefits of the amount of
				payment and the certification period.
C. Withdrawal: An applicant may voluntarily
				withdraw the application orally or in writing any time before eligibility
				determination. Notice shall confirm the applicant's expressed desire to
				withdraw the application and be informed that the withdrawal does not affect
				the right to apply for assistance in the future.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.106.110.14 - APPROVAL EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
General assistance benefits for an approved application shall
				  be effective the date of approval or from the 30th day after the date of
				  application; whichever is earlier. Payment in the first month shall be prorated
				  from the date of authorization.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.106.110.15 - CASE RECORD TRANSFERS

Current through Register Vol. 35, No. 13, July 16, 2024
If a recipient moves to an area administered by another
				  project area, the recipient's case record shall be transferred as
				  follows:
A. Responsibilities of
				sending project area:
(1) The project area to
				which the recipient is moving or has moved to shall be notified within 10 days.
				The record shall not be transferred to the new project area until a new address
				for the recipient is provided to the sending project area.
(2) Before transferring the case record, the
				sending project area shall review the case record to ensure the information is
				complete and updated. The sending project area shall enter the recipient's new
				address and the geographic and administrative number in the computer
				system.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 110 - GENERAL OPERATING POLICIES - APPLICATIONS › Section 8.106.110.16 - APPLICATION MORATORIUM

Current through Register Vol. 35, No. 13, July 16, 2024
A. Based
				on limited state funds the HCA may limit the number of benefit groups by
				imposing a moratorium, subject to quarterly review, upon all GA applications.
				All applications for GA shall be denied under this provision without
				consideration of eligibility.
B.
				Program suspension: When state funds are unavailable the GA program may be
				suspended for a designated time period. GA payments will not be made to any
				benefit group and all rights to payment during the suspension period are lost.
				All applications for GA shall be denied without consideration of
				eligibility.
C. Notice: Notice
				shall be issued within 60 days, to all applicants denied due to moratorium or
				suspension in accordance and shall explain the applicant's right to discuss the
				denial with the caseworker, supervisor or county director.
(1) Notice to applicant: Applications denied
				based on a moratorium shall include the state statute and regulation, the date
				of denial, reason for denial, the regulation citation under which the denial
				was made, the applicant's right to a fair hearing, and the time limits for
				filing a fair hearing request.
(2)
				Public notice: The HCA shall issue a public notice 60 days prior to the
				imposition of a moratorium or suspension.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 120 - ELIGIBILITY POLICY - CASE ADMINISTRATION › Section 8.106.120.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Articles 1 and 2 of Chapter 27 NMSA 1978 authorize the state
				  to administer the aid to families with dependent children (AFDC), general
				  assistance (GA), shelter care supplement, the burial assistance programs and
				  such other public welfare functions as may be assumed by the state. Section
				  9-8-1 et seq. NMSA 1978 establishes the health care authority (HCA) as a
				  single, unified department to administer laws and exercise functions relating
				  to health care facility licensure and health care purchasing and
				  regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 120 - ELIGIBILITY POLICY - CASE ADMINISTRATION › Section 8.106.120.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 120 - ELIGIBILITY POLICY - CASE ADMINISTRATION › Section 8.106.120.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The objective of
				general assistance is to provide financial assistance to dependent needy
				children and disabled adults who are not eligible for assistance under a
				federally-matched financial assistance program, such as New Mexico works (NMW)
				or the federal program of supplemental security income (SSI).
B. The objective of the supplement for
				residential care program is to provide a cash assistance supplement to SSI
				recipients who reside in licensed adult residential care homes.
C. The objective of the burial assistance
				program is to assist in payment of burial expenses for an individual who was a
				low income individual at the time of death.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 120 - ELIGIBILITY POLICY - CASE ADMINISTRATION › Section 8.106.120.8 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. HCA
				responsibilities: The HCA shall inform the benefit group of its responsibility
				to report changes. Appropriate action shall be taken to determine if the change
				affects eligibility or benefit amount. The date the change is reported and the
				action taken shall be documented. In some circumstances the HCA shall request
				clarification during a certification period whenever information becomes known
				to the HCA indicating a possible change in a benefit group's circumstances that
				may affect eligibility or benefit amount. Circumstances that may require
				follow-up review include, but are not limited to:
(1) compliance with a contingency requirement
				by an adult with a determined disability;
(2) school attendance of children age six or
				older who are benefit group members;
(3) any other anticipated or reported change
				in circumstances that may affect eligibility or benefit amount during a
				certification period;
(4) the need
				for a disability review to determine if disability still exists.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 120 - ELIGIBILITY POLICY - CASE ADMINISTRATION › Section 8.106.120.9 - CERTIFICATION PERIODS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Set term GA:
				The certification period shall be for a set length of time dependent upon
				conditions, beginning from the month of approval and is not subject to review.
				The certification period shall be set for the length of the disability
				established by medical documentation, not to exceed eight months.
B. Variable term GA: The certification period
				shall be set for a length of time, not to exceed 12 months, beginning from the
				month of approval and is subject to review.
(1) Dependent child in the benefit group: The
				certification period will be set for up to six months.
(2) ARSCH: The certification period will be
				set for 12 months.
(3) Disability:
				The certification period will be set for a length of time not to exceed 12
				months, subject to expected duration of disability based on medical
				documentation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 120 - ELIGIBILITY POLICY - CASE ADMINISTRATION › Section 8.106.120.10 - ELIGIBLITY RECERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Recertification of eligibility: The HCA shall provide notice of recertification
				45 days prior to the end of the certification and make a prospective
				determination of eligibility beginning the month following the month the
				certification period expires. The recertification shall consist of a
				determination of eligibility for an additional period of time, redetermination
				of the amount of cash assistance payment and a complete review of all
				conditions of eligibility as indicated below.
(1) Financial eligibility: Current financial
				eligibility must be reviewed at the end of the certification period for the
				specific program to determine continued eligibility for a new period of
				time.
(2) Disability: A disability
				review may or may not be required at the end of the certification
				period.
(3) Child support
				enforcement: The HCA shall ensure that all pertinent information regarding the
				noncustodial parent(s) of any dependent child in the benefit group, including
				but not limited to the current address, social security number and work place
				of the noncustodial parent is updated.
(4) Other programs: The HCA shall provide
				information about other assistance programs.
(5) Review of record: The HCA shall review
				the documentation contained in the record for completeness. If the record does
				not contain satisfactory evidence, additional verification shall be
				obtained.