New
Mexico Register / Volume XXIX, Issue 4 / February 27, 2018
This is an amendment to 8.240.500 NMAC,
Section 14 effective 3/1/2018.
Explanatory
statement: Statute citations throughout the rule were corrected to conform to
correct legislative styles.
8.240.500.14 UNEARNED INCOME: [Unearned income exclusions: All social security and
railroad retirement beneficiaries receive cost of living adjustments (COLAs) in
January of each year. The ISD caseworker must disregard the COLA from January
through March when (re)determining QMB eligibility. For redeterminations made in January,
February and March and for new QMB applications registered in January, February
or March, the ISD caseworker uses the December social security and railroad
retirement benefit amounts. For QMB applications registered from April through
December, total gross income including the new COLA figures are used to
determine income and compared to the new April federal poverty levels. This exclusion does not apply to other types
of income.]
A. Unearned
income exclusions: All social
security and railroad retirement beneficiaries receive cost of living
adjustments (COLAs) in January of each year. The ISD caseworker must disregard
the COLA from January through March when (re)determining QMB eligibility. For redeterminations made in January,
February and March and for new QMB applications registered in January, February
or March, the ISD caseworker uses the December social security and railroad
retirement benefit amounts. For QMB applications registered from April through
December, total gross income including the new COLA figures are used to
determine income and compared to the new April federal poverty levels. This exclusion does not apply to other types
of income.
B. Evaluation of applicant/recipient’s income: The ISD caseworker determines the amount of
income available to the applicant/recipient using only the
applicant/recipient’s own income. A
standard $20 disregard is allowed in accordance with Section 8.215.500.22 NMAC. The federal poverty level standard disregard
is only given if the applicant/recipient lives with an ineligible spouse. See 8.240.500.15 NMAC for deemed income.
[2/1/1995; 9/15/1995; 8.240.500.14 NMAC - Rn, 8 NMAC 4.QMB.523 & A, 7/15/2010; 8.240.500.14 NMAC - Rn, 8.240.500.13 NMAC, 10/1/12; A, 3/1/2018]