New Mexico Register / Volume XXIX, Issue 2 / January 30, 2018

 

 

This is an amendment to 8.102.500, Sections 5, 8 and 9 effective 2/01/2018.

 

8.102.500.5          EFFECTIVE DATE:  July 1, 2001, unless a later date is cited at the end of a section.

[8.102.500.5 NMAC - Rp 8.102.500.5 NMAC, 07/01/2001; A/E, 10/01/2017; A, 2/01/2018]

 

8.102.500.8          GENERAL REQUIREMENTS:

                A.            Need determination process:  Eligibility for NMW, state funded qualified aliens and EWP cash assistance based on need requires a finding that:

                                (1)           the benefit group's countable gross monthly income does not exceed the gross income limit for the size of the benefit group;

                                (2)           the benefit group's countable net income after all allowable deductions does not equal or exceed the standard of need for the size of the benefit group;

                                (3)           the countable resources owned by and available to the benefit group do not exceed the $1,500 liquid and $2,000 non-liquid resource limits;

                                (4)           the benefit group is eligible for a cash assistance payment after subtracting from the standard of need the benefit group's countable income, and any payment sanctions or recoupments.

                B.            Gross income limits:  The total countable gross earned and unearned income of the benefit group cannot exceed eighty-five percent of the federal poverty guidelines for the size of the benefit group.

                                (1)           Income eligibility limits are revised and adjusted each year in October

                                (2)           The gross income limit for the size of the benefit group is as follows:

                                                (a)           one person            [$842] $854

                                                (b)           two persons           [$1,135] $1,151

                                                (c)           three persons        [$1,428] $1,447

                                                (d)           four persons          [$1,721] $1,743

                                                (e)           five persons          [$2,015] $2,039

                                                (f)            six persons            [$2,308] $2,335

                                                (g)           seven persons       [$2,602] $2,631

                                                (h)           eight persons         [$2,897] $2,927

                                                (i)            add [$295] $296 for each additional person.

                C.            Eligibility for support services only:  Subject to the availability of state and federal funds, a benefit group that is not receiving cash assistance but has countable gross income that is less than one hundred percent of the federal poverty guidelines applicable to the size of the benefit group may be eligible to receive services.  The gross income guidelines for the size of the benefit group are as follows:

                                (1)           one person            [$990] $1,005

                                (2)           two persons           [$1,335] $1,354

                                (3)           three persons        [$1,680] $1,702

                                (4)           four persons          [$2,025] $2,050

                                (5)           five persons          [$2,370] $2,399

                                (6)           six persons            [$2,715] $2,747

                                (7)           seven persons       [$3,061] $3,095

                                (8)           eight persons         [$3,408] $3,444

                                (9)           add [$347] $349 for each additional person.

                D.            Standard of need:

                                (1)           The standard of need is based on the number of participants included in the benefit group and allows for a financial standard and basic needs.

                                (2)           Basic needs include food, clothing, shelter, utilities, personal requirements and the participant’s share of benefit group supplies.

                                (3)           The financial standard includes approximately $91 per month for each participant in the benefit group.

                                (4)           The standard of need for the NMW, state funded qualified aliens, and EWP cash assistance benefit group is:

                                                (a)           one person            $266

                                                (b)           two persons           $357

                                                (c)           three persons        $447

                                                (d)           four persons          $539

                                                (e)           five persons          $630

                                                (f)            six persons            $721

                                                (g)           seven persons       $812

                                                (h)           eight persons         $922

                                                (i)            add $91 for each additional person.

                E.            Special needs:

                                (1)           Special clothing allowance:  A special clothing allowance may be issued to assist in preparing a child for school, subject to the availability of state or federal funds and a specific allocation of the available funds for this allowance.

                                                (a)           For purposes of determining eligibility for the clothing allowance, a child is considered to be of school age if the child is six years of age or older and less than age 19 by the end of August.

                                                (b)           The clothing allowance shall be allowed for each school-age child who is included in the NMW, TBP, state funded qualified aliens, or EWP cash assistance benefit group, subject to the availability of state or federal funds.

                                                (c)           The clothing allowance is not allowed in determining eligibility for NMW, TBP, state funded qualified aliens, or EWP cash assistance.

                                (2)           Layette:  A one-time layette allowance of $25 is allowed upon the birth of a child who is included in the benefit group.  The allowance shall be authorized by no later than the end of the month following the month in which the child is born.

                                (3)           Special circumstance:  Dependent upon the availability of funds and in accordance with the federal act, the HSD secretary, may establish a separate, non-recurring, cash assistance program that may waive certain New Mexico Works Act requirements due to a specific situation.  This cash assistance program shall not exceed a four month time period, and is not intended to meet recurrent or ongoing needs.

                F.            Non-inclusion of legal guardian in benefit group:  Based on the availability of state and federal funds, the department may limit the eligibility of a benefit group due to the fact that a legal guardian is not included in the benefit group.

[8.102.500.8 NMAC - Rp 8.102.500.8 NMAC, 07/01/2001; A, 10/01/2001; A, 10/01/2002; A, 10/01/2003; A/E, 10/01/2004; A/E, 10/01/2005; A, 7/17/2006; A/E, 10/01/2006; A/E, 10/01/2007; A, 11/15/2007; A, 01/01/2008; A/E, 10/01/2008; A, 08/01/2009; A, 08/14/2009; A/E, 10/01/2009; A, 10/30/2009; A, 01/01/2011; A, 01/01/2011; A, 07/29/2011; A/E, 10/01//2011; A/E, 10/01/2012; A/E, 10/01/2013; A/E, 10/01/2014; A, 10/01/2015; A, 10/01/2016; A/E, 10/01/2017; A, 2/01/2018]

 

8.102.500.9          PROSPECTIVE BUDGETING:

                A.            Eligibility for cash assistance programs shall be determined prospectively.  The benefit group must meet all eligibility criteria in the month following the month of disposition.  Eligibility and amount of payment shall be determined prospectively for each month in the certification period.

                B.            [Semiannual] Simplified reporting:  A benefit group subject to [semiannual] simplified reporting shall be subject to income methodology as specified in Subsection [H] E of 8.102.120.11 NMAC.

                C.            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.

                D.            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 used.

                                (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.

                E.            Income received less frequently than monthly:  The amount of monthly gross income that is received less frequently than monthly is determined by dividing the total income by the number of months the income is intended to cover.  This includes, but is not limited to, income from sharecropping, farming, and self-employment.  It includes contract income as well as income for a tenured teacher who may not actually have a contract.

                F.            Contract income:  A benefit group that derives its annual income in a period of less than one year shall have that income averaged over a 12-month period, provided that the income is not received on an hourly or piecework basis.

                G.            Using exact income:  Exact income, rather than averaged income, shall be used if:

                                (1)           the benefit group has chosen not to average income;

                                (2)           income is from a source terminated in the month of application;

                                (3)           employment began in the application month and the income represents only a partial month;

                                (4)           income is received more frequently than weekly.

                H.            Income projection:  Earned income shall be anticipated as described below.

                                (1)           Earned income shall be anticipated based on income received when the following criteria are met:

                                                (a)           the applicant and the caseworker are reasonably certain the income amounts received are indicative of future income and expected to continue during the certification; and

                                                (b)           the anticipated income is based on income received from any consecutive 30-day period that includes 30 days prior to the date of application through the date of timely disposition of the application.

                                (2)           When the applicant and the caseworker determine that the income received is not indicative of future income that will be received during the certification period, a longer period of time may be used if it will provide a more accurate indicator of anticipated income.

                                (3)           Provided the applicant and the caseworker are reasonably certain the income amounts are indicative of future income, the anticipated income shall be used for the month of application and the remaining months of the certification period.

                I.             Unearned income:

                                (1)           Unearned income shall be anticipated based on income received when the following criteria are met:

                                                (a)           the applicant and the caseworker are reasonably certain the income amounts received are indicative of future income and expected to continue during the certification; and

                                                (b)           the anticipated income is based on income received from any consecutive 30-day period that includes 30 days prior to the date of application through the date of timely disposition of the application.

                                (2)           When the applicant and the caseworker determine that the income received is not indicative of future income that will be received during the certification period, a longer period of time may be used if it will provide a more accurate indicator of anticipated income.

                                (3)           Provided the applicant and the caseworker are reasonably certain the income amounts are indicative of future income, the anticipated income shall be used for the month of application and the remaining months of the certification period.

                J.             Use of conversion factors:  Whenever a full month's income is anticipated and is received on a weekly or biweekly basis, the income shall be converted to monthly amount as follows:

                                (1)           income received on a weekly basis is averaged and multiplied by 4.0;

                                (2)           income received on a biweekly basis is averaged and multiplied by 2.0;

                                (3)           averaged income shall be rounded to the nearest whole dollar prior to application of the conversion factor; amounts resulting in $.50 or more are rounded up; amounts resulting in $.49 or lower are rounded down.

[8.102.500.9 NMAC - Rp 8.102.500.9 NMAC, 07/01/2001; A 02/14/2002; A, 01/01/2004; A, 11/15/2007; A, 04/01/2010; A/E, 10/01/2017; A, 2/01/2018]