New
Mexico Register / Volume XXXI, Issue 4 / February 25, 2020
This is an amendment to 8.139.610 NMAC, Section 8, effective 3/1/2020.
Throughout the rule, “and/or” was replaced with “or” to conform to
correct legislative style.
8.139.610.8 [BENEFIT
ISSUANCE SYSTEM
A. Electronic
benefit transfer (EBT): SNAP
benefits are issued through a direct deposit into an EBT account. The benefits are maintained in a central
database and accessed by the household through an individual debit card issued
to the household.
B. Initial issuance of EBT card: The EBT card is issued to the designated
payee of the eligible household or to the designated authorized representative.
(1) The
EBT card is mailed to the head of household or the designated authorized
representative on the first working day after the application is
registered. The applicant or recipient
shall receive training on the use of the EBT card prior to activation of the
EBT card.
(2) The
EBT card shall be issued to the payee for an eligible household through the
most effective means identified by HSD which may include issuance at the county
office or by mail.
(3) The
applicant or recipient must verify his or her identity.
(4) The
payee for the eligible household may select the four-digit personal
identification number that will allow access to the household’s SNAP benefits.
C. Replacement
of the EBT card: The recipient or
designated authorized representative shall be instructed on the procedure for
replacement of an EBT card that has been lost, stolen or destroyed.
(1) The
recipient or designated authorized representative may report a lost, stolen or
destroyed EBT card through the HSD EBT contractor customer service help desk,
HSD EBT customer service help desk or any ISD field office.
(2) The
lost, stolen, or destroyed EBT card shall be deactivated prior to a replacement
card being issued to the household.
(3) ISD
shall make replacement EBT cards available for client to pick up or place the
card in the mail within two business days following notice by the household to
ISD that the card has been lost, stolen or damaged.
(4) ISD
may impose a replacement fee by reducing the monthly allotment of the household
receiving the replacement card, however, the fee may
not exceed the cost to replace the card.
D. Inactive
EBT accounts: EBT accounts which
have not been accessed by the recipient in the last 90 days are considered a
stale account. HSD may store stale
benefits offline after notification to the household of this action.
(1) The
notification to the household shall include the reason for the proposed action
and the necessary steps required by the recipient to reactive the account.
(2) The
recipient may request reinstatement of their EBT account anytime within 364
days after the date of the last benefit account activity.
E. Excessive replacement cards: The HSD office of inspector general (HSD OIG)
will generate a warning letter to SNAP recipients that have replaced their EBT
card five or more times in a 12 month period.
The letter is a notice of warning and will explain that as a result of
the recipient’s high number of replacement EBT cards, their EBT SNAP
transactions will be closely monitored.
The letter will become part of the recipient’s case record. The letter
will:
(1) be written in clear and simple language;
(2) meet the language requirements described at 7 CFR 272.4(b);
(3) specify
the number of cards requested and over what period of time;
(4) explain that the next request, or the current request if the
threshold has been exceeded, requires contact with ISD before another card is
issued;
(5) provide
all applicable information on how contact is to be made in order for the client
to comply, such as whom to contact, a telephone number and address; and
(6) include a statement that explains what is considered a
misuse or fraudulent use of benefits and the possibility of referral to the
fraud investigation unit for suspicious activity.
F. EBT
benefit expungement: HSD may expunge
benefits that have not been accessed by the household after a period of 365
days. HSD must attempt to notify the
household prior to expungement. Expunged
benefits are no longer available to the household. Requests for reactivation must be received
prior to expungement and a determination shall be made by the director or
designee of the income support division.] [RESERVED]
[2/1/1995; 8.139.610.8 NMAC - Rn, 8 NMAC 3.FSP.610, 05/15/2001; A, 02/28/2007; A, 07/15/2013; A, 07/24/2018; Repealed, 3/1/2020]