reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 504 - NEW MEXICO EXTRA HELP SNAP › Section 8.139.504.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The food stamp program is authorized by the Food Stamp Act of
				  1977 as amended (7 U.S.C.
				  2011 et. seq.). Regulations issued pursuant
				  to the act are contained in 7 CFR Parts 270-282. State authority for
				  administering the food stamp program is contained in Chapter 27 NMSA,
				  1978.
Administration of the health care authority (HCA), including
				  its authority to promulgate regulations, is governed by Chapter 9, Article 8,
				  NMSA 1978 (Repl. 1983). Section 9-8-1 et seq. NMSA 1978 establishes the HCA as
				  a single, unified department to administer laws and exercise functions relating
				  to health care facility licensure and health care purchasing and
				  regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 504 - NEW MEXICO EXTRA HELP SNAP › Section 8.139.504.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico Extra Help SNAP pilot shall terminate issuance
				  of benefits in conjunction with the cessation of the grant authorized by the
				  United States department of agriculture food and nutrition services (FNS). FNS
				  has authorized the cessation of the program delivery effective April 30,
				  2013.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 504 - NEW MEXICO EXTRA HELP SNAP › Section 8.139.504.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 1, 2011, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 504 - NEW MEXICO EXTRA HELP SNAP › Section 8.139.504.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of New Mexico Extra Help SNAP (NM Extra Help
				  SNAP) is to increase access to the nutrition benefits offered by the food stamp
				  program among elderly and disabled populations receiving assistance through the
				  medicare saving program (MSP) through medicaid. The NM Extra Help SNAP will
				  increase the ability to purchase food and meet dietary needs. The NM Extra Help
				  SNAP is authorized by a grant funded by the food and nutrition services
				  (FNS).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 504 - NEW MEXICO EXTRA HELP SNAP › Section 8.139.504.8 - PROGRAM ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. An
				applicant can opt to receive NM Extra Help SNAP benefits if the applicant:
(1) receives benefits through a MSP;
				and
(2) is 22 years of age or
				older; and
(3) resides in a NM
				Extra Help pilot county; and
(4) is
				eligible for separate household status as defined at Subsection A of
				8.139.400.9 NMAC; or
(5) lives with
				a spouse who also receives MSP benefits; or
(6) is living with others but buys and cooks
				food separately from others; and
(7) the household has no earned
				income.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 504 - NEW MEXICO EXTRA HELP SNAP › Section 8.139.504.9 - APPLICATION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Opt
				in/out:
An applicant can opt out of NM Extra Help SNAP at any time. To
				be considered for regular SNAP benefits, the applicant must apply through the
				regular SNAP application process as defined at 8.139.110 NMAC.
B.
Application requirements:
The application at minimum will contain:
(1)
				the applicants name and address;
(2) receipt of income and amount;
(3) amount of applicable deductions, such as
				shelter and medical; and
(4) must
				be signed by the applicant or authorized representative.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 504 - NEW MEXICO EXTRA HELP SNAP › Section 8.139.504.10 - CASE MANAGEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Interviews:
NM Extra Help SNAP applicants are not required to see an ISD
				caseworker or be otherwise subjected to an interview, although additional
				information or verification may be requested.
B.
Certification periods:
Eligible households shall be assigned to a 36-month certification period, and
				with no interim contact.
C.
Reporting requirements:
NM Extra Help SNAP recipients are subject only
				to the reporting standards of MSP and all data sent to the department monthly.
				All information received by the department from the CMS data interface will be
				deemed as true and accurate for reported changes.
D.
Actions on reported changes:
Within 10 days of receipt the department shall act on the following changes:
(1) death of a household member;
(2) loss of MSP eligibility;
(3) changes in state residency;
(4) a member of the household's institutional
				status has changed; or
(5) receipt
				of earned income.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 504 - NEW MEXICO EXTRA HELP SNAP › Section 8.139.504.11 - BENEFIT DELIVERY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Benefit issuance:
NM Extra Help SNAP benefits shall be issued through a
				direct deposit into a household's electronic benefit transfer (EBT) food stamp
				account. EBT cards are issued and EBT accounts maintained as defined at
				8.139.610 NMAC. A participating household has a definite issuance date so that
				food stamp benefits are received on or about the same time each month. The
				issuance date is based on the last two digits of the social security number of
				the individual to whom the food stamps are issued. Benefits for the month of
				application shall not be prorated.
B.
Eligibility determination:
Eligibility is based on adjusted net income (ANI) which equals the countable
				gross income minus the appropriate standard deduction, minus the total combined
				shelter cost, and minus the medical deduction. To be eligible for NM Extra Help
				SNAP, the applicant household's ANI must be below the appropriate net income
				level in accordance with 8.139.500 NMAC.
C.
Benefit calculation:
Benefits are issued based on adjusted income (AI) and the shelter to income
				ratio (STIR). AI is equal to the gross countable income minus total medical
				expenses. The STIR is equal to the total shelter costs divided by the AI.
				Benefit amounts shall be subject to review and adjustment in coordination with
				the regular food stamp program and cost neutrality and may be adjusted each
				January.
(1)
Benefits for a two person
				household:
(a) The monthly benefit
				amount for a two person household with a monthly AI of less than $900.00 is
				$240.00.
(b) The monthly benefit
				amount for a two person household with a monthly STIR equal to or greater than
				0.9 is $240.00.
(c) The monthly
				benefit amount for a two person household with a monthly AI equal to or greater
				than $900.00 but less than $1,500.00 and a STIR equal to or greater than 0.8
				and less than 0.9 is $180.00.
(d)
				The monthly benefit amount for a two person household with a monthly AI equal
				to or greater than $900.00 but less than $1,500.00 and a STIR equal to or
				greater than 0.25 but less than 0.8 is $75.00.
(e) The monthly benefit amount for a two
				person household with a monthly AI equal to or greater than $1,500 but less
				than $1,800.00 and a STIR equal to or greater than 0.25 is $75.00.
(f) The monthly benefit amount for a two
				person household with a monthly AI equal to or greater than $900.00 but less
				than $1,500.00 and a STIR less than 0.25 is $16.00.
(g) The monthly benefit amount for a two
				person household with a monthly AI equal to or greater than $1,800.00 and a
				STIR less than 0.25 is $16.00.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 504 - NEW MEXICO EXTRA HELP SNAP › Section 8.139.504.12 - OVERPAYMENT AND RECOUPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Overpayment:
A household that has received NM Extra Help SNAP
				benefits and has been determined ineligible or does not qualify for some or all
				of the NM Extra Help SNAP benefit shall have a claim established against the
				household for the NM Extra Help SNAP benefit amount in accordance with
				8.139.640 NMAC.
B.
Recoupment:
(1) The household shall be
				required to repay any amount of the NM Extra Help SNAP benefit due to an
				established claim or overpayment of the NM Extra Help SNAP benefit.
(2) The household shall remain subject to
				claim establishment and recoupment for the NM Extra Help SNAP benefit in
				accordance with 8.139.640 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 510 - ELIGIBILITY POLICY - RESOURCES AND PROPERTY › Section 8.139.510.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The food stamp program is authorized by the Food Stamp Act of 1977 as amended (7 U.S.C. 2011 et. seq.). Regulations issued pursuant to the act are contained in 7 CFR Parts 270-282. State authority for administering the food stamp program is contained in Chapter 27 NMSA 1978. Administration of the health care authority (HCA), including its authority to promulgate regulations, is governed by Chapter 9, Article 8 NMSA 1978 (Repl. 1983). Section 9-8-1 et seq. NMSA 1978 establishes the health care authority (HCA) as a single, unified department to administer laws and exercise functions relating to health care facility licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 510 - ELIGIBILITY POLICY - RESOURCES AND PROPERTY › Section 8.139.510.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 16, 2024, unless a later date is cited at the end of a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 510 - ELIGIBILITY POLICY - RESOURCES AND PROPERTY › Section 8.139.510.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Issuance of the revised food stamp program policy manual is intended to be used in administration of the food stamp program in New Mexico. This revision incorporated the latest federal policy changes in the food stamp program not yet filed. In addition, current policy citations were rewritten for clarification purposes or were simply reformatted. Issuance of the revised policy manual incorporated a new format which is the same in all income support division policy manuals. A new numbering system was designated so that similar topics in different programs carry the same number. The revised format and numbering standards were designed to create continuity among ISD programs and to facilitate access to policy throughout the HCA.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 510 - ELIGIBILITY POLICY - RESOURCES AND PROPERTY › Section 8.139.510.8 - RESOURCE ELIGIBILITY STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The maximum allowable resources for a household, including both liquid and non-liquid assets are revised and adjusted each year in October and can be found at
https://www.fns.usda.gov/snap/cost-living-adjustment-cola-information
.
B. The value of a nonexempt resource is its equity value. Equity value is the fair market value less encumbrances. The value of stocks and bonds, such as U.S. savings bonds, is their cash value, not their face value.
C. It is a household's responsibility to report all resources held at the time of application and any anticipated to be received, or that are later received during the certification period, that might place the household's resources above the maximum allowed.
D. Categorically eligible households: Households that are categorically eligible do not need to meet the resource limits or provisions of this section.
E. Sponsored non-citizens: For households containing sponsored non-citizens, a prorated amount of the countable resources of a non-citizen's sponsor and sponsor's spouse (if living with the sponsor) are deemed to be those of the sponsored non-citizen, in accordance with sponsored non-citizen provisions in 8.139.420.9 NMAC.
F. Non-household members: The resources of non-household members, defined in 8.139.400.10 NMAC shall not be considered available to the household.
G. Resources of ineligible or disqualified household members: The resources of ineligible or disqualified household members shall be counted as available to the household in their entirety. If a resource exclusion applies to a household member, the exclusion shall also apply to the resources of an ineligible or disqualified person whose resources are counted as available to the household.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 510 - ELIGIBILITY POLICY - RESOURCES AND PROPERTY › Section 8.139.510.9 - STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Liquid resources: Liquid resources are readily negotiable resources such as, but not limited to:
(1) cash on hand;
(2) money in checking and saving accounts;
(3) savings certificates, stocks and bonds (even if they are producing income consistent with their fair market value), credit union shares, promissory notes, U.S. savings bonds (after they become accessible six months from the date of purchase);
(4) loans, including loans from private individuals as well as from commercial institutions, are considered in the month received.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 510 - ELIGIBILITY POLICY - RESOURCES AND PROPERTY › Section 8.139.510.10 - EXCLUSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In determining the resources of a household, the following shall be excluded:
(1) home and surrounding property (Subsection C of 8.139.510.10 NMAC);
(2) household and personal goods (Subsection D of 8.139.510.10 NMAC);
(3) life insurance, deferred compensation and joint pension funds (Subsection D of 8.139.510.10 NMAC);
(4) all retirement accounts with federal tax-preferred status from the food stamp asset test as well as any tax-preferred retirement accounts that congress creates in the future;
(5) all tax-preferred education accounts, such as 529s;
(6) income-producing property (Subsection E of 8.139.510.10 NMAC);
(7) work-related equipment (Subsection F of 8.139.510.10 NMAC);
(8) inaccessible resources (Subsection G of 8.139.510.10 NMAC);
(9) resources excluded by federal law (8.139.527 NMAC);
(10) resources of non-household members (Subsection F of 8.139.510.8 NMAC);
(11) other exempt resources, such as those of an SSI or Title IV-A recipient;
(12) excluded monies kept in a separate account and not commingled with non-excluded funds; when commingled, the excluded monies retain their exclusion for a period of six months from the date they are commingled.
(13) vehicles: the entire value of a vehicle owned by a household member shall be excluded as a countable resource as set forth at Subsection E of 8.139.510.9 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 510 - ELIGIBILITY POLICY - RESOURCES AND PROPERTY › Section 8.139.510.11 - RESOURCE TRANSFERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Anyone whose resources are considered available, and who knowingly transfers resources, will be disqualified from participating in the program if the transfer meets all of the following criteria:
(1) the transfer was made within the three-month period immediately preceding the date of application or the household knowingly transferred the resource after approval;
(2) the resources transferred will affect eligibility; if the resources will not affect eligibility, such as furniture, the transfer will not disqualify the household;
(3) the resources were transferred for less than fair market value; if the compensation received in cash, property, services, or other reasonable form of payment is at or near fair market value, the transfer does not disqualify the household;
(4) the transfer was not between members of the same household or persons whose resources are considered available (disqualified members); and
(5) the transfer was made for the purpose of qualifying or attempting to qualify for benefits; if the resources were transferred for reasons other than qualifying or attempting to qualify for food stamp benefits, such as a parent placing funds into an educational trust fund, the transfer does not disqualify the household.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 520 - ELIGIBILITY POLICY / INCOME AND DEDUCTIONS › Section 8.139.520.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The food stamp program is authorized by the Food Stamp Act of
				  1977 as amended (7 U.S.C.
				  2011 et. seq.). Regulations issued pursuant
				  to the act are contained in 7 CFR Parts 270/282. State authority for
				  administering the food stamp program is contained in Chapter 27 NMSA, 1978.
				  Administration of the health care authority (HCA), including its authority to
				  promulgate regulations, is governed by Chapter 9, Article 8, NMSA 1978 (Repl.
				  1983). Section 9-8-1 et seq. NMSA 1978 establishes the HCA as a single, unified
				  department to administer laws and exercise functions relating to health care
				  facility licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 520 - ELIGIBILITY POLICY / INCOME AND DEDUCTIONS › Section 8.139.520.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 21, 2023, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 520 - ELIGIBILITY POLICY / INCOME AND DEDUCTIONS › Section 8.139.520.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Issuance of the revised food stamp program policy manual is
				  intended to be used in administration of the food stamp program in New Mexico.
				  This revision incorporated the latest federal policy changes in the food stamp
				  program not yet filed. In addition, current policy citations were rewritten for
				  clarification purposes or were simply reformatted. Issuance of the revised
				  policy manual incorporated a new format which is the same in all income support
				  division policy manuals. A new numbering system was designated so that similar
				  topics in different programs carry the same number. The revised format and
				  numbering standards were designed to create continuity among ISD programs and
				  to facilitate access to policy throughout the human services
				  department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 520 - ELIGIBILITY POLICY / INCOME AND DEDUCTIONS › Section 8.139.520.8 - INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
The national income eligibility standards are based on the
				  federal income poverty levels established in Section 673(2) of the Community
				  Services Block Grant Act (42
				  U.S.C. 9902(2)). The net
				  income standard is the federal income poverty guideline for the 48 contiguous
				  states and the District of Columbia. The gross income standard is one hundred
				  and thirty percent of that amount. The income standards are adjusted annually
				  each October 1st. Activities described in this section relate to the
				  calculation of a household's income to determine eligibility and food stamp
				  benefit amount.
A.
Elderly/disabled households:
Households which contain an elderly
				or disabled member, as defined in 8.139.100 NMAC, definitions, must meet the
				net income eligibility standards listed in Subsection E of
				8.139.500.8 NMAC.
B.
Other households:
Households
				which do not contain an elderly or disabled member, as defined, must meet the
				gross income eligibility standards for the food stamp program (FSP) (Subsection
				E of 8.139.500.8 NMAC). If a household
				is determined eligible based on gross income standards, deductions shall be
				allowed in calculating net monthly income to arrive at a final eligibility
				determination based on net income standards.
C.
Categorically eligible:
Households that are entitled to broad/based categorically eligibility must meet
				gross and net income eligibility. Households that are categorically eligible,
				due to receipt of financial assistance do not need to meet the gross or net
				income eligibility standard. The food stamp benefit amount for all CE
				households shall be based on net income limits. All categorically eligible one/
				and two/person households are entitled to the minimum food stamp benefit
				amount, except in an initial month if the prorated benefit is less than ten
				dollars.
D.
Income of
				ineligible or disqualified household members:
(1) The earned or unearned income of an
				individual disqualified for intentional program violation (IPV) or for
				noncompliance with the employment and training (E&T) work requirements
				shall be attributed in its entirety to the remaining members.
(2) The earned or unearned income of an
				individual disqualified for failing to provide or apply for a social security
				number or because the individual is an ineligible alien shall continue to be
				counted as income, minus a pro rata share for the disqualified or ineligible
				member(s).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 520 - ELIGIBILITY POLICY / INCOME AND DEDUCTIONS › Section 8.139.520.9 - INCOME STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Earned income:
Earned income includes the following:
(1)
Wages and salaries:
All
				wages and salaries paid to an employee.
(2)
Sick pay:
Sick pay is
				counted as earned income if the person receiving sick pay will be returning to
				work after recovery and is still considered an employee by the
				employer.
(3)
Military
				personnel:
A household consisting of one or more military personnel
				receiving a basic allowance for quarters or basic allowance for subsistence
				instead of free housing or food shall have such funds counted as earned
				income.
(4)
Self/employment:
The gross income from a self/employment
				enterprise, including the total gain from the sale of any capital goods or
				equipment related to the business, minus the costs of doing business, is
				considered earned income. This is the gross income of the self/employed
				individual.
(5)
Rental
				property:
Income from rental property is considered earned only if a
				household member is actively engaged in the management of the property an
				average of at least 20 hours per week. The owner is allowed the cost of doing
				business.
(6)
Roomer or
				boarder:
Payments from a roomer or boarder are considered
				self/employment income. The 20 hours per week provision applied to rental
				property does not apply to roomer or boarder situations.
(7)
Training allowances:
A
				training allowance from a vocational and rehabilitative program recognized by
				federal, state or local governments, such as DVR, is considered earned income,
				to the extent the training allowance is not a reimbursement.
(8)
VISTA payments:
Payments
				under Title I (VISTA, university year for action, etc.) of the Domestic
				Volunteer Service Act of 1973 (Pub. L. 93/113 Stat., as amended)
				are considered earned income to applicant households not receiving food stamp
				benefits at the time the household member joined VISTA.
(9)
Workforce Investment Act:
Earnings of an individual participating in an on/the/job training program under
				Section 204 (b) (1) (C) or Section 254 (c) (1) (A) of the Workforce Investment
				Act (WIA). This provision does not apply to household members under 19 years of
				age who are under the parental control of an adult member, regardless of school
				attendance or enrollment. Earnings include monies paid under the WIA and monies
				paid by the employer. This section includes adult and youth programs and summer
				youth employment and training programs, but does not include job corps, E&T
				programs for Native Americans, migrant and seasonal farm workers, and veterans
				employment programs.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 520 - ELIGIBILITY POLICY / INCOME AND DEDUCTIONS › Section 8.139.520.10 - COUNTING INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Income
				averaging:
(1)
Optional income
				averaging:
Income received by a household may be averaged at the
				household's option (See
				8.139.500.10 NMAC) except as
				specified below.
(2)
Mandatory income averaging:
Averaging is mandatory for income
				received under the following circumstances:
(a) contract or self/employment
				income;
(b) educational
				monies.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 520 - ELIGIBILITY POLICY / INCOME AND DEDUCTIONS › Section 8.139.520.11 - GENERAL DEDUCTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Use of deductions:
A household must qualify for deductions by
				first meeting a gross income test. A household is not eligible if gross income
				is more than the standard listed in Subsection E of
				8.139.500.8 NMAC for a household
				size. If income falls below the gross income limit, a household shall be
				allowed deductions, where applicable, to make a final eligibility and benefit
				amount determination. Households that include elderly or disabled members, as
				defined, automatically qualify for deductions; eligibility is determined based
				on net rather than gross income.
B.
Standard deduction:
All households are allowed a standard
				deduction from income. The standard deduction is listed in Paragraph (3) of
				Subsection F of
				8.139.500.8 NMAC, tables, and is
				adjusted effective every October 1st.
C.
Earned income deduction:
Twenty percent of gross earned income shall be deducted. Excluded income is not
				used for purposes of computing the earned income deduction.
(1)
Computing an over issuance:
The earned income deduction (EID) shall not be allowed when calculating the
				income to be used in determining an over issuance which is due to the failure
				of a household to report earned income in a timely manner.
(2)
Work supplementation
				programs:
The EID shall not be allowed for any amount of income which is
				earned under a work supplementation or support program and is attributable to
				public assistance.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 520 - ELIGIBILITY POLICY / INCOME AND DEDUCTIONS › Section 8.139.520.12 - CALCULATING INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
To determine a household's income eligibility, the following
				  guidelines will be followed:
A. The
				gross monthly income of all members, minus any income exclusions, is a
				household's gross income. Households which do not include elderly or disabled
				members must meet the gross income standard before other calculations are
				made.
B. Twenty percent of gross
				earned income is subtracted to determine net monthly earned income. or multiply
				the gross earned income by eight percent.
C. Total monthly earned income of all
				household members, minus income exclusions, if any, is added to net monthly
				unearned income.
D. The standard
				deduction is subtracted.
E. If a
				household member(s) is entitled to an excess medical deduction, the amount of
				medical expenses that exceeds $35 is deducted.
F. Allowable monthly dependent care expenses,
				if any, are subtracted, up to the maximum amount allowed per
				dependent.
G. Subtract allowable
				monthly child support payment.
H.
				Add allowable shelter expenses to determine total shelter costs.
I. Subtract from total shelter costs fifty
				percent of the household's monthly income after all of the above deductions
				have been subtracted. The remaining amount, if any, is the excess shelter cost.
(1) The excess shelter cost, up to the
				maximum amount allowed, is subtracted from monthly income determined after G
				above.
(2) Households with elderly
				or disabled members have the full shelter cost amount exceeding Fifty Percent
				of net income subtracted.
(3) The
				household's net monthly income has been determined.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 527 - FOOD STAMP PROGRAM / INCOME AND RESOURCES EXCLUDED BY FEDERAL LAW › Section 8.139.527.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The food stamp program is authorized by the Food Stamp Act of
				  1977 as amended (7 U.S.C.
				  2011 et. seq.). Regulations issued pursuant
				  to the act are contained in 7 CFR Parts 270/282. State authority for
				  administering the food stamp program is contained in Chapter 27 NMSA, 1978.
				  Administration of the health care authority (HCA), including its authority to
				  promulgate regulations, is governed by Chapter 9, Article 8, NMSA 1978 (Repl.
				  1983). Section 9-8-1 et seq. NMSA 1978 establishes the HCA as a single, unified
				  department to administer laws and exercise functions relating to health care
				  facility licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 527 - FOOD STAMP PROGRAM / INCOME AND RESOURCES EXCLUDED BY FEDERAL LAW › Section 8.139.527.5 - 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
				  the section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 527 - FOOD STAMP PROGRAM / INCOME AND RESOURCES EXCLUDED BY FEDERAL LAW › Section 8.139.527.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Issuance of the revised food stamp program policy manual is
				  intended to be used in administration of the food stamp program in New Mexico.
				  This revision incorporated the latest federal policy changes in the food stamp
				  program not yet filed. In addition, current policy citations were rewritten for
				  clarification purposes or were simply reformatted. Issuance of the revised
				  policy manual incorporated a new format which is the same in all income support
				  division policy manuals. A new numbering system was designated so that similar
				  topics in different programs carry the same number. The revised format and
				  numbering standards were designed to create continuity among ISD programs and
				  to facilitate access to policy throughout the human services
				  department.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 527 - FOOD STAMP PROGRAM / INCOME AND RESOURCES EXCLUDED BY FEDERAL LAW › Section 8.139.527.8 - INCOME AND RESOURCES EXCLUDED BY FEDERAL LAWS

Current through Register Vol. 35, No. 13, July 16, 2024
Certain income and resources are specifically excluded by
				  federal law from consideration in determining eligibility for the food stamp
				  program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 527 - FOOD STAMP PROGRAM / INCOME AND RESOURCES EXCLUDED BY FEDERAL LAW › Section 8.139.527.9 - GENERAL

Current through Register Vol. 35, No. 13, July 16, 2024
A. The value of
				assistance to children under
				P.L.
				79/396, Section 12(e) of the National School Lunch
				Act, as amended by
				Section
				9(d) of
				P.L.
				94/105. This law authorizes the school lunch
				program, the summer food service program for children, the commodity
				distribution program, and the child and adult care food program. The exclusion
				applies to assistance provided to children rather than that paid to
				providers.
B. The value of
				assistance to children under
				P.L.
				89/642, Section 11(b) of the Child Nutrition Act
				of 1966 is not considered income or resources for any purpose. This law
				authorizes the special milk program, the school breakfast program, and the
				special supplemental food program for women, infants, and children
				(WIC).
C. Under WIC demonstration
				projects, coupons that may be exchanged for food at farmers' markets by
				P.L.
				100/435, Section 501, 9/19/88, which amended
				Section 17(m)(7) of the Child Nutrition Act of 1966.
D. Reimbursements received under the Uniform
				Relocation Assistance and Real Property Acquisition Policy Act of 1970,
				P.L.
				91/646, Section 216.
E. Any payment under Titles I and II of the
				Domestic Volunteer Services Act of 1973,
				P.L.
				93/113.
(1)
				Payments under Title I of the Act, including payments from VISTA, university
				year for action and the urban crime prevention program, made to volunteers will
				be excluded for an individual receiving FS benefits or public assistance at the
				time the individual joined the Title I program, except that households which
				were receiving an income exclusion for a VISTA or other Title I subsistence
				allowance at the time of conversion to the Food Stamp Act of 1977 continue to
				receive an income exclusion for VISTA for the length of their volunteer
				contract in effect at the time of conversion.
(2) Temporary interruptions in food stamp
				participation do not alter the exclusion after an initial determination has
				been made.
(3) New applicants who
				were not receiving food stamps at the time they joined VISTA will have their
				volunteer payments counted as earned income.
(4) Payments to volunteers under Title II,
				including RSVP, foster grandparents program and senior companion program, are
				excluded as income.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 527 - FOOD STAMP PROGRAM / INCOME AND RESOURCES EXCLUDED BY FEDERAL LAW › Section 8.139.527.10 - AMERICAN INDIAN OR ALASKA NATIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Payments to the Turtle Mountain Band of
				Chippewas, Arizona (P.L. 97/403).
B. Payments to the Blackfeet, Gros Ventre,
				and Assiniboine tribes (Montana) and the Papago, Arizona tribe per
				P.L.
				97/408.
C. Per capita and interest payments made to
				the Assiniboine Tribe of the Fort Belknap Indian Community, Montana, and to the
				Assiniboine Tribe of the Fort Peck Indian Reservation, Montana under
				P.L.
				98/124, Section 5. Funds were awarded in docket
				10/81L.
D. Funds awarded in docket
				number 15/72 of the United States Court of Claims and distributed to members of
				the Red Lake Band of Chippewas in accordance with
				P.L.
				98/123, Section 3, 10/13/1983.
E. Payments to the Saginaw Chippewa Indian
				Tribe of Michigan under
				P.L.
				99/346, Section 6 (b)(2).
F. Per capita payments distributed to, or
				held in trust for, the Chippewas of the Mississippi in accordance with
				P.L.
				99/377, Section 4(b), 8/8/1986. The judgments were
				awarded in Docket Number 18/S. The funds are divided by reservation affiliation
				for the Mille Lac, White Earth, and Leech Lake Reservations, all of
				Minnesota.
G. All compensation,
				including cash, stock partnership interest, land, interest in land, and other
				benefits received under the Alaska Native Claims Settlement Act,
				P.L.
				92/203, Section 29, dated 1/2/1976 and the Alaska
				Native Claims Settlement Act Amendments of 1987,
				P.L.
				100/241, Section 15, 2/3/1988.
H. In accordance with 25 USCS 1407, Judgment
				Funds, as amended by
				P.L.
				93/134 and
				P.L.
				97/458, funds appropriated in satisfaction of
				judgments of the Indian claims commission or claims court in favor of any
				Indian tribe, band, etc. which:
(1) are
				distributed per capita or held in trust pursuant to a plan approved under the
				provisions of this Act (25 USCS Subsections 1401 et seq), or
(2) on the date of enactment of this act
				(January 12, 1983), are to be distributed per capita, or are held in trust
				pursuant to a plan approved by congress prior to the date of enactment of this
				Act (January 12, 1983), or
(3) were
				distributed pursuant to a plan approved by congress after December 31, 1981,
				but prior to the date of enactment of this act (January 12, 1983), and any
				purchases made with such funds, including all interest and investment income
				accrued thereon while such funds are so held in trust, except for per capita
				payments in excess of $2,000. The $2,000 amount applies to each payment made to
				each person. Initial purchases made with exempt payments distributed between
				January 1, 1982, and January 12, 1983 are excluded from resources to the extent
				that excluded funds were used.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 610 - PROGRAM BENEFITS - ISSUANCE AND RECEIPT › Section 8.139.610.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The supplemental nutrition assistance program (SNAP) is authorized by the Food Stamp Act of 1977 as amended (7 U.S.C. 2011 et. seq.). Regulations issued pursuant to the act are contained in 7 CFR Parts 270-282. State authority for administering SNAP is contained in Chapter 27 NMSA, 1978. Administration of the health care authority (HCA), including its authority to promulgate regulations, is governed by Chapter 9, Article 8, NMSA 1978 (Repl. 1983). Section 9-8-1 et seq. NMSA 1978 establishes the health care authority (HCA) as a single, unified department to administer laws and exercise functions relating to health care facility licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 610 - PROGRAM BENEFITS - ISSUANCE AND RECEIPT › Section 8.139.610.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 16, 2024, unless a later date is cited at the end of a section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 610 - PROGRAM BENEFITS - ISSUANCE AND RECEIPT › Section 8.139.610.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Issuance of the revised SNAP policy manual is intended to be used in administration of the SNAP in New Mexico. This revision incorporated the latest federal policy changes in SNAP not yet filed. In addition, current policy citations were rewritten for clarification purposes or were simply reformatted. Issuance of the revised policy manual incorporated a new format which is the same in all income support division policy manuals. A new numbering system was designated so that similar topics in different programs carry the same number. The revised format and numbering standards were designed to create continuity among ISD programs and to facilitate access to policy throughout the HCA.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 610 - PROGRAM BENEFITS - ISSUANCE AND RECEIPT › Section 8.139.610.10 - ISSUANCE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
A. The HCA is responsible for timely and accurate benefit issuance to certified eligible households. A participating household has a definite issuance date so that SNAP benefits are received on or about the same time each month. The issuance date is based on the last two digits of the social security number of the individual to whom the SNAP benefits are issued. A household must have the opportunity to participate before the end of each issuance month.
B. Opportunity to participate: Opportunity to participate means a household is provided with SNAP benefits no later than 30 calendar days after the date an application is filed.
(1) Newly certified household: All newly certified households must be given an opportunity to participate no later than 30 calendar days following the date the application was filed. In EBT issuance situations, benefits must be authorized by the 29th day to be available to the household on the 30th day.
(a) Combined issuance: Households with an application date after the 15th of the month and are eligible for expedited assistance are eligible for combined issuance.
(i) SNAP benefits for the initial month and the second month will be issued the day after approval of expedited service.
(ii) SNAP benefits for the third month will be issued the first day of the third month after approval.
(iii) SNAP benefits for the fourth month will be issued during the first 10 days of the month based on a 10 day compressed staggered issuance schedule. The issuance schedule uses the last two digits of the head of households SSN to determine the day of the month benefits are issued.
(iv) SNAP benefits for the fifth and ongoing months will be issued on the 20 day staggered issuance schedule. The issuance schedule uses the last two digits of the head of household's SSN to determine the day of the month the benefits are issued.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 610 - PROGRAM BENEFITS - ISSUANCE AND RECEIPT › Section 8.139.610.12 - GENERAL (BENEFIT AMOUNT)

Current through Register Vol. 35, No. 13, July 16, 2024
A. The SNAP benefit amount to be issued depends on the number of eligible members in the household and the net monthly income used to determine eligibility.
(1) The HCA uses a 30-day calendar month to determine a household's SNAP benefit amount. A household applying on the 31st of the month will be treated as if it applied on the 30th.
(2) When a household is determined eligible, the SNAP benefit amount is calculated, issuance authorization is processed that night, and SNAP benefits are issued the following work day.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 610 - PROGRAM BENEFITS - ISSUANCE AND RECEIPT › Section 8.139.610.13 - CALCULATING THE BENEFIT AMOUNT

Current through Register Vol. 35, No. 13, July 16, 2024
A household's net income is used to determine its SNAP benefit amount. The net income is the gross amount less allowable deductions. To determine the household's net income:
A. The gross monthly income earned by all household members is added to the total monthly unearned income of all household members, less income exclusions, to determine the household's total gross income. The household must qualify at the gross income calculation.
B. The total gross monthly earned income is multiplied by twenty percent; the result is subtracted from the total gross earned income; add the result to the total monthly unearned income; or multiply the total gross monthly earned income by eighty percent and add the result to the total monthly unearned income.
C. Subtract the standard deduction.
D. If the household is entitled to an excess medical deduction, determine if total medical expenses exceed $35. If so, subtract the amount which exceeds thirty five dollars ($35).
E. Subtract the child support deduction as determined by Paragraph (2) of Subsection G of 8.139.520.11 NMAC.
F. Subtract allowable monthly dependent care expenses, if any, up to the maximum amount per dependent; if the household has no shelter expenses, the net income has been determined at this point; go to step J.
G. If the household has shelter expenses, divide the result in Subsection F by two.
H. Determine if the household is entitled to an excess shelter expense deduction as follows:
(1) For households not entitled to uncapped shelter:
(a) total the allowable shelter expenses;
(b) subtract from the total shelter expenses fifty percent of the household's monthly income after all other deductions have been subtracted, i.e., the result in Subsection G;
(c) the remaining amount is the excess shelter expense; compare this amount to the current excess shelter deduction limit as found at
https://www.fns.usda.gov/snap/cost-living-adjustment-cola-information
;
(d) subtract the current excess shelter deduction amount or the result in Subparagraph (c), whichever is less, from the household's monthly income determined in Subsection F; the household's net income has been determined; go to step I.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 610 - PROGRAM BENEFITS - ISSUANCE AND RECEIPT › Section 8.139.610.15 - NATIONAL REDUCTION OR SUSPENSION

Current through Register Vol. 35, No. 13, July 16, 2024
If funding for SNAP is depleted, Section 18 of the Food Stamp Act of 1977, as amended, provides for reduction, suspension or cancellation of SNAP benefits for one or more months, or a combination of these three actions.
A. Reduction:
(1) If a reduction in SNAP allotments is deemed necessary, the maximum SNAP allotments amounts for all household sizes is reduced by a percentage specified by FNS. The maximum SNAP allotments amounts for each household size are reduced by the same percentage. This results in all households of a given size having their benefits reduced by the same dollar amount. The dollar reduction is smallest for a one-person household and greatest for the largest households. Since the dollar amount is the same for all households of the same size, the rate of reduction is lowest for zero net income households and greatest for the highest net income households.
(2) All one- and two-person households affected by a reduction action are guaranteed a minimum monthly SNAP benefit, unless the action is a cancellation of SNAP benefits, suspension of SNAP benefits, or reduction in SNAP benefits of ninety percent or more of the total amount of benefits projected to be issued in the affected month. The benefit reduction notice issued by USDA specifies whether the minimum SNAP benefit amount will be provided.
(3) SNAP benefits shall also be able to be adjusted to provide for the rounding of benefit levels of one dollar ($1.00), three dollars ($3.00) and five dollars ($5.00) to two dollars ($2.00), four dollars ($4.00) and six dollars ($6.00), respectively.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 647 - FOOD STAMP PROGRAM - ADMINISTRATIVE DISQUALIFICATION PROCEDURES › Section 8.139.647.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The food stamp program is authorized by the Food Stamp Act of 1977 as amended (7 U.S.C. 2011 et. seq.). Regulations issued pursuant to the act are contained in 7 CFR Parts 270-282. State authority for administering the food stamp program is contained in Chapter 27 NMSA, 1978. Administration of the health care authority (HCA), including its authority to promulgate regulations, is governed by Chapter 9, Article 8, NMSA 1978 (Repl. 1983). Section 9-8-1 et seq. NMSA 1978 establishes the health care authority (HCA) as a single, unified department to administer laws and exercise functions relating to health care facility licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 139 - FOOD STAMP PROGRAM › Part 647 - FOOD STAMP PROGRAM - ADMINISTRATIVE DISQUALIFICATION PROCEDURES › Section 8.139.647.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 16, 2024, unless a later date is cited for a section.