reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 500 - ELIGIBILITY POLICY - GENERAL INFORMATION › Section 8.106.500.9 - PROSPECTIVE BUDGETING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Initial eligibility:
Eligibility for cash assistance programs shall be
				determined prospectively. The benefit group must meet all eligibility criteria
				in the month following the month of application. Eligibility and amount of
				payment shall be determined prospectively for each month in the certification
				period.
B.
Changes in
				benefit group composition:
A person added to the benefit group shall
				have eligibility determined prospectively, beginning in the month following the
				month the report is made.
C.
Anticipating income:
In determining the benefit group's eligibility and
				benefit amount, the income already received and any income the benefit group
				expects to receive during the certification period shall be counted.
(1) Income anticipated during the
				certification period shall be counted only in the month it is expected to be
				received, unless the income is averaged.
(2) Actual income shall be calculated by
				using the income already received and any other income that can reasonably be
				anticipated in the calendar month.
(3) If the amount of income or date of
				receipt is uncertain, the portion of the income that is uncertain shall not be
				counted.
(4) In cases where the
				receipt of income is reasonably certain but the amount may fluctuate, the
				income shall be averaged.
(5)
				Averaging is used to determine a monthly calculation, when there is fluctuating
				income within the weekly, biweekly or monthly pay period and to achieve a
				uniform amount for projecting future income.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 500 - ELIGIBILITY POLICY - GENERAL INFORMATION › Section 8.106.500.10 - PAYMENTS TO ADULTS IN RESIDENTIAL CARE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Conditions:
Subject to the
				availability of state funding for the program, a payment may be made to an
				individual who resides in a shelter care home. The individual must be a
				recipient of supplemental security income (SSI) under title XVI of the Social
				Security Act.
B.
Licensing
				of the shelter care home:
The shelter care home must be licensed
				pursuant to regulations of the New Mexico department of health.
C.
Payment:
A cash payment may
				be made to an SSI recipient when the recipient resides in a licensed shelter
				care home because the recipient needs help with personal care, such as bathing,
				dressing, eating or taking prescribed medication.
(1) The payment shall be allowed only if the
				SSI recipient resides in a residential shelter care facility that is licensed
				by the New Mexico department of health.
(2) The payment made to an SSI recipient
				living in a licensed residential shelter care facility is $100 per
				month.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 502 - GENERAL INFORMATION - BURIAL ASSISTANCE › Section 8.106.502.3 - 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 502 - GENERAL INFORMATION - BURIAL ASSISTANCE › Section 8.106.502.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 1, 2009, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 502 - GENERAL INFORMATION - BURIAL ASSISTANCE › Section 8.106.502.6 - 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 502 - GENERAL INFORMATION - BURIAL ASSISTANCE › Section 8.106.502.8 - BURIAL ASSISTANCE - FUNERAL EXPENSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
The department may
				provide up to $200.00 towards the funeral expenses recipients of financial and
				medical assistance if the deceased's available resources are insufficient to
				pay for the funeral, the persons legally responsible for the support of the
				deceased are unable to pay the funeral expenses, and no other person or
				organization, or state agency will undertake to pay for the expense. The spouse
				of the deceased with whom the deceased was living at the time of death and the
				parents of minor unmarried children are considered legally responsible
				relatives.
B.
Applications
				and interviews:
A request for payment of funeral expenses may come from
				the family, the mortuary, or other persons furnishing funeral services to any
				project area. In order to evaluate available resources it may be necessary to
				interview the family or requestor. Burial expenses for a deceased individual
				shall be processed no later than 30 calendar days after receipt.
C.
Eligibility:
Payment towards
				the burial expenses for a categorically eligible individual may be made when
				the resources considered available to meet the cost of the funeral are less
				than $600. Resources that shall be considered available include:
(1) cash available to the deceased at the
				time of death;
(2) any insurance
				benefits designated for use in meeting the individual's funeral
				costs;
(3) any other death or
				burial benefits from sources such as social security or railroad retirement
				benefits, veterans benefits, legally responsible relatives or the estate of the
				deceased;
(4) real property owned
				by the deceased, with no surviving heir, shall be considered a
				resource;
(5) gifts, contributions
				or written commitments to help pay the cost of the funeral, which are made by
				any individual not having a legal support obligation for the
				deceased.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.106.510.3 - 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 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.106.510.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2004, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.106.510.6 - 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 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.106.510.8 - RESOURCE STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible, the value of all countable personal and real
				  property, belonging to or considered as belonging to or considered available to
				  the benefit group, shall not exceed the liquid or non-liquid resource limits.
				  Total resources that exceed the liquid or non-liquid resource limit result in
				  benefit group ineligibility unless the nature of the property or an express
				  condition of its ownership prohibits its transfer. Resources are evaluated
				  based upon their equity value.
A.
Liquid resources:
The value of countable liquid resources shall
				not exceed $1,500.
B.
Non-liquid resources:
The value of countable non-liquid resources shall
				not exceed $2,000.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.106.510.9 - COUNTABLE RESOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Non-liquid real property:
means land and the structures (including
				mobile homes) and improvements affixed to it.
(1) The value of countable real property
				owned by or considered available to the benefit group, shall be considered in
				determining whether non-liquid resources exceed $2,000.
(2) Grazing permits are considered to be real
				property.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.106.510.10 - RESOURCE EXCLUSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Real property:
(1)
The
				home:
The value of the benefit group's home is not considered in
				determining eligibility. The "home" is the dwelling place occupied by the
				benefit group. The home is considered to be occupied by the benefit group
				during a temporary absence, when there is a definite plan to return to the home
				and no one else is occupying it.
(2) "Home" includes, in addition to the
				residence building and the land upon which it is constructed, the following:
(a) a reasonable amount of land within
				reasonable proximity to the residence building, if that land is currently used
				by and useful to the client;
(b)
				outbuildings within reasonable proximity to the residence building, such as
				barn, garage and well, if the well is a principal source of water;
(c) buildings used for rental purposes, if
				located on land contiguous to the land upon which the residence building is
				constructed, and if these buildings cannot be divided from the residence land
				and sold separately;
(d) grazing
				permits currently being used to graze livestock owned by the client;
				and
(e) furniture, equipment and
				household goods necessary for the operation and maintenance of the
				home.
(3)
Other
				real property - burial plots:
One burial plot for each person included
				in the benefit group shall be excluded; a burial plot shall consist of the
				space needed to bury a member of the immediate family.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.106.510.11 - RESOURCE AVAILABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Availability:
Resources that are actually available or that are
				considered to be available to the benefit group are considered in determining
				eligibility for assistance.
(1) The resource
				amount used for determination of eligibility for an applicant benefit group
				shall be based upon the status of the resources on the date of the application
				interview.
(2) The resource amount
				used for determination of eligibility for an active case shall be made based on
				the amount available in the month following the month of expiration of a notice
				of adverse action.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.106.510.12 - ELIGIBILITY DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Determination:
If, after determining what property is available
				to the benefit group and determining the value of that resource, the net value
				of the countable real and personal property exceeds resource limits, the
				benefit group shall be ineligible for assistance on the basis of need. The
				benefit group shall remain ineligible on the basis of need for as long as the
				value of the property exceeds the resource standards.
B.
Receipt of resources:
Resources acquired by a benefit group member after approval of an assistance
				grant shall be evaluated for purposes of financial assistance eligibility at
				the time of the change. Reporting requirements as indicated in Subsection D of
				8.102.630.8 NMAC apply. If the benefit group becomes ineligible due to
				ownership or availability of resources, assistance is terminated effective the
				month following the month in which the notice of adverse action
				expires.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 510 - ELIGIBILITY POLICY- RESOURCES/PROPERTY › Section 8.106.510.13 - NON-TRANSFER OF REAL PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Requirement:
(1) In order to
				include an individual in the benefit group, the individual must not have
				transferred real property for the purpose of becoming eligible for cash
				assistance within the two-year period preceding the date of
				application.
(2) A transfer is
				considered to be for the purpose of becoming eligible for cash assistance if:
(a) the transfer was made without a
				reasonable return; and
(b) the
				individual had no reasonable plan for support at the time of the transfer other
				than assistance from the department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.106.520.3 - 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 520 - ELIGIBILITY POLICY - INCOME › Section 8.106.520.5 - 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 520 - ELIGIBILITY POLICY - INCOME › Section 8.106.520.6 - 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 520 - ELIGIBILITY POLICY - INCOME › Section 8.106.520.8 - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Income
				eligibility:
To be eligible for GA cash assistance based on income the
				countable gross earned and unearned income available to the benefit group is
				considered to determine the income eligibility of the benefit group.
B.
Gross income test:
For the
				benefit group to be income eligible, the countable gross earned and unearned
				income considered available to the benefit group cannot exceed eighty-five
				percent of the federal poverty guidelines for the size of the benefit
				group.
C.
Net income
				test:
For the benefit group to be income eligible, the countable net
				income after all allowable deductions must be less than the standard of need
				for the size of the benefit group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.106.520.9 - EXEMPT INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
The following income sources or assistance types are not
				  considered available for the gross income test, the net income test and the
				  cash payment calculation:
A.
				medicaid;
B. food stamp
				benefits;
C. government-subsidized
				foster care, if the child for whom the payment is received is not included in
				the benefit group;
D.
				SSI;
E. government-subsidized
				housing or housing payment; government includes any federal, state, local or
				tribal government, or a private non-profit or for-profit entity operating
				housing programs or using government funds to provide subsidized housing or to
				make housing payments.
F. income
				excluded by federal law (described in 8.139.527 NMAC);
G. educational payments made directly to an
				educational institution;
H.
				government-subsidized child care;
I. earned income that belongs to a child 17
				years of age or younger who is not the head of household; only earned income
				paid directly to the child is considered as belonging to the child;
J. up to $50.00 child support disregard and
				up to $100.00 for one child and $200 for two or more children per month, child
				support pass-through distributed to the benefit group by the CSED;
K. an emergency one-time only payment made by
				other agencies or programs;
L.
				reimbursements for past or future identified expenses, to the extent they do
				not exceed actual expenses and do not represent a gain or benefit to the
				benefit group, such as expenses for job or job training-related activities,
				travel, per diem, uniforms, transportation costs to and from the job or
				training site, medical or dependent care reimbursements and any reimbursement
				for expenses incurred while participating in NMW work program activities;
				reimbursements for normal living expenses, such as rent, mortgage, clothing or
				food eaten at home are not excluded;
M. utility assistance payments, such as from
				LIHEAP, LITAP or similar assistance programs.
N. all exempt income identified in
				8.102.520.9 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.106.520.10 - EARNED INCOME DEFINITION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Earned income means cash or payment in kind that is received as wages from
				employment, payment in lieu of wages, earnings from self-employment or earnings
				acquired from the direct provision of services, goods or property, production
				of goods, management of property or supervision of services.
B. Earnings include gross profit from
				self-employment, which requires substantial effort on a continuous basis by the
				individual who is receiving the income.
(1)
				Income from rental property is considered earnings if the individual regularly
				does painting, plumbing, carpentry, maintenance, cleaning or repair work on the
				property, or if substantial time is spent each month in bookkeeping, collecting
				rent, or paying bills on the property.
(2) Income from livestock is considered
				earnings if the individual raises livestock for the purpose of making cash
				sales. Net income received from the sale of livestock shall be considered in
				determining the cash assistance benefit amount.
(a) The income received from the sale of
				livestock may be prorated and projected on a monthly basis over the
				certification period.
(b) Domestic
				pets (cats, dogs, etc.) are not considered livestock, and their value is not
				considered in determining income eligibility, except when they are bred and
				raised for sale.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.106.520.11 - DETERMINING INCOME FOR SELF-EMPLOYED INDIVIDUALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Reporting of earnings as business or
				self-employment income to state or federal tax authorities is the usual
				indicator of business or self-employment income. Criteria for verification of
				business and self-employment income are set forth in Paragraph (2) of
				Subsection B of
				8.100.130.14 NMAC.
(1) Tax returns from the previous year may be
				used, unless the amount of business and self-employment income reported on tax
				returns is no longer a good indicator of anticipated income.
(2) If the self-employment enterprise has
				been in operation for such a short time that there is insufficient information
				to make a reasonable projection, the benefit group shall be required to report
				income at shorter intervals until there is enough information to make a longer
				projection of anticipated income.
(3) When tax forms are used to annualize and
				project income, the expenses reported on the tax forms shall be used, allowing
				for adjustments for those expenses or costs that are treated differently or not
				allowed under cash assistance policy.
(4) Capital gains are counted in full as
				income to determine self-employment income. A capital gain is defined as
				proceeds from the sale of capital goods or equipment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.106.520.12 - EARNED INCOME DEDUCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Earnings deductions:
Deductions from gross earned income shall be
				made in determining the net countable earned income of benefit group members.
(1) Earned income deductions may not exceed
				the amount of an individual's gross earned income.
(2) The earned income deductions may not be
				used to reduce unearned income, nor may deductions that are not used by one
				benefit group member be allocated against the earnings of another benefit group
				member.
(3) An allowable business
				expense or cost of producing self-employment income that has been used as a
				deduction from self-employment income shall not also be allowed as an earned
				income deduction.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.106.520.13 - UNEARNED INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Definition of unearned income:
Unearned income means old age,
				survivors and disability insurance payments (social security), railroad
				retirement benefits, veterans administration compensation or pension payments,
				military retirement and allotments, pensions, annuities and retirement
				benefits; lodge or fraternal benefits, any other public or private disability
				or retirement benefit or pension, shared shelter payments, individual Indian
				money (IIM); royalty or lease payments for land or property owned by a benefit
				group member; settlement payments resulting from insurance or litigation;
				worker's compensation benefits; child support; unemployment compensation
				benefits; union benefits paid in cash; gifts and contributions; and real
				property income.
B.
Special
				considerations:
(1)
Direct
				receipt of child support:
Child support payments directly received by an
				unrelated caretaker and retained by the caretaker are considered available to
				the benefit group in their entirety, whether or not the caretaker chooses to be
				included in the benefit group.
(2)
Real property income:
Income from real property is considered as
				unearned income when an individual included in the benefit group engages in the
				management of the property less than 20 hours a week. Costs associated with
				maintenance of the property or the production of income for which the benefit
				group is responsible are deducted from the income received for the use of the
				property.
(3)
Alien sponsor
				income:
All of the income of the alien sponsor and sponsor's spouse is
				counted as unearned income to the benefit group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 520 - ELIGIBILITY POLICY - INCOME › Section 8.106.520.14 - NET COUNTABLE INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
The earned income remaining after all allowable exemptions
				  and deductions shall be added to the unearned income belonging to the benefit
				  group. The resulting amount shall be the net countable income of benefit group
				  members. The net countable income shall be used to determine the cash
				  assistance payment to the benefit group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 610 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DELIVERY › Section 8.106.610.3 - 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 610 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DELIVERY › Section 8.106.610.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2004, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 610 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DELIVERY › Section 8.106.610.6 - 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 610 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DELIVERY › Section 8.106.610.8 - METHOD OF PAYMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
EBT:
Cash assistance benefits are issued by deposit of funds into an
				electronic benefit transfer (EBT) account.
(1)
EBT card issuance:
EBT
				account cards shall be issued at time of application to the authorized payee or
				authorized representative.
(2)
Replacement card:
The caseworker, the HSD help desk or the
				contractor customer service help desk shall have a card deactivated upon
				request of an adult participant in the benefit group or authorized payee. The
				card will be deactivated immediately and a replacement card provided to the
				participant. Once a card is deactivated it cannot be reactivated for any
				reason.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 610 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DELIVERY › Section 8.106.610.9 - CHANGE OF PAYEE: CHANGE OF NAME OR PAYEE

Current through Register Vol. 35, No. 13, July 16, 2024
Whenever there is a change in a recipient's name or in the
				  payee's name the caseworker shall immediately make the appropriate
				  changes.
A.
New caretaker of an
				unrelated dependent child:
(1) If a new
				caretaker assumes responsibility for an unrelated dependent child in a case,
				the case shall be closed and a new application processed.
(2) If the new caretaker is already has an
				active cash assistance case for other dependent children, the cash assistance
				case for the children being transferred shall be closed, and the children added
				to the existing benefit group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 620 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.106.620.3 - 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 620 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.106.620.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2004, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 620 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.106.620.6 - 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 620 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.106.620.8 - PAYMENT DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Determining countable benefit group income:
The benefit group's
				net countable income shall be considered in the payment determination. The
				benefit group's net countable income is subtracted from the standard of need
				for the size of the benefit group.
B.
Determining the payment:
(1) A benefit group whose net countable
				income equals or exceeds the standard of need for the size of the benefit group
				shall not be eligible for GA benefits.
(2) For a benefit group whose net countable
				income does not exceed the standard of need for the size of the benefit group,
				the benefit amount shall be determined by:
(a) subtracting the benefit group's countable
				income from the standard of need for the size of the benefit group;
(b) subtracting any sanction amount, if
				applicable; and
(c) subtracting any
				recoupment amount, if applicable.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 620 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.106.620.9 - RECOUPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
An individual against whom there is an outstanding claim for
				  overpayment of cash assistance shall be required to repay the claims. Recovery
				  of an overpayment may be accomplished by recoupment (see 8.106.640.11 NMAC).
				  Recoupment amounts shall be deducted from the monthly benefit after the
				  sanction amount is deducted, if appropriate.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 620 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.106.620.10 - CHILD SUPPORT PAYMENT SANCTIONS - GA UNRELATED CHILD PROGRAM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
(1) Failure by an adult
				caretaker of an unrelated dependent child to comply with child support
				cooperation requirements shall result in a payment reduction of 25% for the
				first occurrence, 50% for the second occurrence and case closure for the third
				occurrence. Cases closed due to sanctioning are ineligible for a period of six
				months.
(2) Before imposing the
				first sanction, the caretaker shall be given the opportunity to meet child
				support requirements through a conciliation process. If the individual does not
				agree to cooperate by the end of the conciliation period, a payment sanction
				shall be imposed. The reduction shall be applied to the benefit group's
				standard of need.
(3) Child support
				cooperation requirements shall be applicable to the caretaker adult even if the
				adult is not included in the benefit group. Payment sanctions shall be
				applicable to benefit group's standard of need even if the caretaker adult is
				not included in the benefit group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 620 - DESCRIPTION OF PROGRAM/BENEFITS - BENEFIT DETERMINATION/GENERAL › Section 8.106.620.11 - NON-REPORTING SANCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
The eligibility determination and payment calculation process
				relies upon applicants and recipients to provide accurate and timely reports of
				information affecting their eligibility and benefit amount. Payment sanctions
				for non-reporting shall be established to encourage timely and accurate
				reporting and to offset benefits resulting from the reporting of inaccurate or
				misleading information, the untimely reporting of changes, or the failure to
				report any required information.
B.
Length of a sanction:
Each non-reporting sanction shall run for a
				period of four months for the first month in which failure to report occurred.
				An additional month shall be added for each additional month included in an
				occurrence of non-reporting until the payment is corrected.
C.
Definition of an occurrence of
				non-reporting:
An occurrence of non-reporting exists when an applicant
				or recipient intentionally fails to report information or reports incorrect
				information which results in an overpayment of cash assistance
				benefits.
D.
Amount of
				sanction:
(1) Reporting sanctions
				shall be calculated at 25% of standard of need for the size of the benefit
				group being sanctioned.
(2)
				Reporting sanctions are not progressive. If there is another occurrence of
				non-reporting prior to the end of an ongoing non-reporting sanction period, the
				next sanction and any subsequent non-reporting sanctions shall be consecutive
				and at the 25% level.
(3) Reporting
				sanctions and child support sanctions shall be integrated into a single
				calculation to determine the final sanction amount.
(4) If a case closes during a reporting
				sanction period for reasons other than sanctions, the non-reporting sanction
				shall be suspended and resumed at the same duration the next time the case is
				reopened.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 630 - DESCRIPTION OF PROGRAM/BENEFITS - CHANGES IN ELIGIBILITY › Section 8.106.630.3 - 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 630 - DESCRIPTION OF PROGRAM/BENEFITS - CHANGES IN ELIGIBILITY › Section 8.106.630.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2004, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 630 - DESCRIPTION OF PROGRAM/BENEFITS - CHANGES IN ELIGIBILITY › Section 8.106.630.6 - 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 630 - DESCRIPTION OF PROGRAM/BENEFITS - CHANGES IN ELIGIBILITY › Section 8.106.630.8 - CHANGE PROCESSING STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				There is a continuing responsibility on the part of both the recipient and the
				caseworker to make sure that benefits paid to the benefit group correctly
				reflect the benefit group's circumstances for the certification
				period.
B. A change is considered
				reported on the date the report of change is received by the project area
				office or, if mailed, the date of the postmark on the benefit group's report,
				plus three days mailing time.
C. A
				benefit group will be encouraged to use a change report form to document
				changes. A change may be reported by mail, by personal visit, by telephone,
				fax, electronic mail.
D.
Department action on reported changes:
Reported changes shall be
				evaluated and changes to eligibility, benefit amount, or both shall be acted on
				within 10 days of receiving the notice of a change.
(1) The change is made as soon as possible
				but must be effected no later than the end of the month following the month in
				which the change is reported.
(2)
				The caseworker shall take action on any change reported by a benefit group, and
				on any change that becomes known to the department through other
				sources.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 630 - DESCRIPTION OF PROGRAM/BENEFITS - CHANGES IN ELIGIBILITY › Section 8.106.630.9 - CHANGE PROCESSING ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
If, during a certification period, a change occurs that
				  affects eligibility or benefit amount, the caseworker shall take action to
				  adjust the benefit group's eligibility or benefit amount.
A.
Action on changes:
When a
				benefit group reports a change, the caseworker must take action to determine
				the benefit group's eligibility and benefit amount within ten days of the date
				the notice of change is received by the department.
B.
Reducing the benefit amount:
For changes that result in a reduction of cash assistance benefits, the
				caseworker shall act on the change as follows.
(1) If a signed written report is provided by
				the benefit group, action shall be taken for the following month without
				issuing a notice of adverse action. The benefit group shall be provided with
				adequate notice. If the benefits will be reduced in the same month in which the
				certification period will expire, no action shall be required to reduce or
				terminate benefits.
(2) When a
				benefit group timely reports a change that will reduce benefits, but does not
				provide a signed written report, the caseworker shall issue an adverse action
				notice to the benefit group. If the adverse action time limit expires in the
				following month, there is no overpayment in that month and the benefit group is
				entitled to the higher benefit amount. The reduction shall be effective in the
				month following the month in which the adverse action notice expires.
(3) If the change is reported by any other
				means, within 10 days the caseworker shall take action to issue a notice of
				adverse action to reduce or terminate benefits effective the month following
				the month in which the adverse action time limit expires. If the notice of
				adverse action time limit will expire in the same month that the benefit
				group's certification period will expire, no action shall be required to reduce
				or terminate benefits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 630 - DESCRIPTION OF PROGRAM/BENEFITS - CHANGES IN ELIGIBILITY › Section 8.106.630.10 - CHANGE NOTICES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Notice of adverse action:
Prior to any action to reduce or terminate
				cash assistance benefits within the certification period, the benefit group
				shall be provided with a notice of an adverse action, unless the change was
				reported by the benefit group in writing and was signed by a benefit group
				member. The adverse action notice shall include at least the following
				information:
(1) proposed action and reason
				for the action;
(2) month in which
				the change takes effect;
(3)
				adjusted benefit amount;
(4)
				benefit group's right to request a fair hearing, circumstances under which the
				benefit group can continue benefits at the greater amount, and deadline dates
				for requesting a hearing;
(5)
				benefit group's liability for any benefits overpaid if the result of the fair
				hearing is that the department took the correct action;
(6) general information on whom to contact
				for additional information, including the right to representation by legal
				services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 630 - DESCRIPTION OF PROGRAM/BENEFITS - CHANGES IN ELIGIBILITY › Section 8.106.630.11 - MASS CHANGE NOTICE

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Change in payment amount:
A benefit group's cash assistance
				payment may be increased or decreased after initial certification.
(1)
Increase in payment amount:
The department shall issue adequate notice to GA recipients regarding an
				increase in payment amount.
(2)
Decrease in payment amount:
The department shall issue written
				notice to GA recipients no later than 60 days prior to the change effective
				date. The notice shall include the citation to the state statute and regulation
				and fair hearing rights.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS › Part 630 - DESCRIPTION OF PROGRAM/BENEFITS - CHANGES IN ELIGIBILITY › Section 8.106.630.12 - LATE REPORTING OF CHANGES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				If the benefit group failed to timely report a change, the caseworker shall
				verify the change to determine whether the benefit group received benefits to
				which it was not entitled (an overpayment).
B.
Failure to report changes:
Failure to report any change in a timely manner may result in an underpayment
				or an overpayment to the benefit group.
(1)
				The caseworker shall establish a claim against the benefit group for any month
				in which the benefit group was overpaid benefits.
(2) If the establishment of an overpayment is
				made within the certification period, the benefit group is entitled to a notice
				of adverse action that its benefits will be reduced due to the
				overpayment.
(3) No claim shall be
				established because of a change in circumstances that a benefit group is not
				required to report.