TITLE 8 SOCIAL SERVICES
CHAPTER 102 CASH ASSISTANCE PROGRAMS
PART 460 RECIPIENT POLICIES - COMPLIANCE REQUIREMENTS
8.102.460.1 ISSUING AGENCY: New Mexico Human Services Department.
[8.102.460.1 NMAC - Rp, 8.102.460.1
NMAC, 04/01/2012]
8.102.460.2 SCOPE: The rule applies to the general public.
[8.102.460.2 NMAC - Rp, 8.102.460.2
NMAC, 04/01/2012]
8.102.460.3 STATUTORY AUTHORITY:
A. 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.
B. The Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 created the temporary assistance for
needy families (TANF) block grant under Title IV of the Social Security
Act. Through the New Mexico Works Act of
1998, NMSA 1978, Section 27-2B-1, et seq., the New Mexico works program was
created.
C. In coordination with the NMW
program, the department administers the food stamp employment and training
program (E&T) pursuant to the Food Security Act of 1985 and federal
regulations at Title 7, Code of Federal Regulations.
[8.102.460.3 NMAC - Rp, 8.102.460.3
NMAC, 04/01/2012]
8.102.460.4 DURATION: Permanent.
[8.102.460.4 NMAC - Rp, 8.102.460.4
NMAC, 04/01/2012]
8.102.460.5 EFFECTIVE DATE: April 1, 2012, unless a later date is cited
at the end of a section.
[8.102.460.5 NMAC - Rp, 8.102.460.5
NMAC, 04/01/2012]
8.102.460.6 OBJECTIVE:
A. The purpose of the New Mexico
works (NMW) program is to improve the quality of life for parents and children
by increasing family income, resources and support. Family income is increased through family
employment and child support and by utilizing cash assistance as a support
service to enable and assist parents to participate in employment.
B. The objective of education works
program (EWP) is to provide cash assistance to a benefit group where at least
one participant is enrolled in a post-secondary, graduate or post-graduate
institution. Education and training are
essential to long-term career development.
The applicant or recipient benefit group would be otherwise eligible for
NMW cash assistance, but chooses to participate in EWP.
[8.102.460.6 NMAC - Rp, 8.102.460.6
NMAC, 04/01/2012]
8.102.460.7 DEFINITIONS: [Reserved]
8.102.460.8 [Reserved]
8.102.460.9 NMW COMPLIANCE REQUIREMENTS: Work program requirements apply
to each adult and minor head of households benefit group member whether the
benefit group is a two-parent or single-parent benefit group.
A. All adult and minor head of household participants are required to complete an
assessment, individual responsibility plan (IRP), work participation agreement
(WPA) applicable work requirement hours and timely submission of documentation
showing completion of required work hours.
B. Non-compliance with the NMW requirements: Participants
who are in non-compliance with any of the NMW requirements are subject to
conciliation and sanction as outlined at 8.102.620 NMAC.
[8.102.460.9 NMAC - Rp, 8.102.460.12
NMAC, 04/01/2012; A, 07/01/2013]
8.102.460.10 ORIENTATION:
A. General:
(1) Participants of NMW shall be provided a
work program orientation, which explains the work program and its objectives to
the participant.
(2) Participants shall be given information
concerning their rights, supportive services provided during participation, and
transitional services available after the NMW case closes because of earnings
from employment.
(3) Participants shall be informed of their
responsibilities for complying with work program requirements and that failure
to do so, without good cause, shall result in the reduction or loss of NMW
benefits.
B. Elements: The orientation session provides each
participant with the following information:
(1) an explanation
that NMW is a temporary program intended to briefly assist the family while
preparing themselves for employment;
(2) an explanation of
the opportunities available to the participant through the program, including
education, training, work experience, and help in job search;
(3) reminder of
participant's rights and responsibilities, program regulations and
requirements, and the consequences for failure to meet requirements;
(4) overview of
supportive services currently available;
(5) explanation of
participant's obligation to obtain an assessment from the NMW service provider
and return it to ISD within 15 days of the date of approval of application;
(6) explanation of participant's obligation to
request approval in writing of participant's work participation activities and
secure approval of activities by the department or the NMW service provider;
and
(7) overview of
transitional services available to participants whose NMW case closes due to
employment/earnings.
[8.102.460.10 NMAC - Rp, 8.102.460.18
NMAC, 04/01/2012]
8.102.460.11 ASSESSMENT:
A. Requirements: No later than 15 calendar days after an
application is approved, participants
shall have an assessment done by the NMW service provider of their education, skills, prior work experience,
barriers, and employability. The assessment is a necessary pre-cursor to the
IRP, development of WPA, and is a crucial and necessary element in meeting work
program requirements. The assessment is
also used in making determinations for requests for limited participation
status. Failure to participate in or to
complete the assessment may result in work program noncompliance and payment
sanctions, unless good cause exists.
B. Elements: The assessment includes the following
elements:
(1) a referral by the
caseworker to a local agency or agencies that act on behalf of the department
to carry out the assessment; and
(2) a face-to-face meeting between the
participant and the agency no later than 15 calendar days following approval of
assistance for the participant in which the assessment is carried out; there
are a variety of assessment tools and forms that may be used, provided that
they address the participant's education, skills, prior work experience and
employability.
C. Participants must provide a copy
of the assessment or a certification of completion of the assessment to the department
by the expiration of the 15 day time period.
[8.102.460.11 NMAC - Rp, 8.102.460.14
NMAC, 04/01/2012]
8.102.460.12 INDIVIDUAL RESPONSIBILITY PLAN (IRP):
A. Requirement:
All participants are required to develop an IRP with the assistance of the
NMW service provider no later than 15 days from the date of approval of
assistance.
B. General purpose: The IRP is:
(1) a personal
planning tool, intended to assist the participant in long-term career planning,
address barriers and secure and maintain employment;
(2) intended to
assist the participant in setting realistic long-term employment goals and to
identify those steps which must be taken to achieve the stated goals;
(3) not intended to fulfill the limited
purpose of identifying work activities which will meet NMW work program
participation requirements; the participant is encouraged to use the IRP to
choose work activities which will meet work program participation requirements
and, at the same time, will assist in setting long-term employment goals; and
(4) designed to move
the participant into whatever employment the participant is capable of
handling, and to provide the support services necessary to increase the
responsibility and amount of work the participant will handle over time.
C. Elements: The IRP shall include the following:
(1) a specific
achievable employment goal or goals and a plan for securing and maintaining employment;
(2) commitments by the participant which will
assist in meeting long-term goals; such commitments may include, but are not
limited to: school attendance, maintaining certain grades, keeping school-age
children in school, immunizing children, undergoing substance abuse treatment,
or any other activity that will help the participant become and remain
employed;
(3) a signature by the participant
acknowledging the importance of the IRP, the identified activities and goals
which will assist in achieving self-sufficiency and the commitment to
participate in activities which will achieve the stated goals; and
(4) a signature by
the department's representative certifying that there was a discussion of the
activities and goals with the participant, and that the department shall
provide on-going support services as needed so that the participant may achieve
the participant's stated goals.
D. IRP reviews: The department, the NMW service provider and
the participant shall review and update the IRP at least every six months. The review consists of a meeting to review
the activities and goals set forth in the IRP, to review and document the
participant's progress in achieving the stated goals, and to amend activities
and goals as determined necessary and appropriate by the participant. The participant and NMW service provider must
initial or sign the updated IRP.
E. Conciliation and sanction: Failure or refusal to develop, sign or
attend the six-month review of the IRP may result in conciliation or sanction,
unless good cause exists. See 8.102.620 NMAC.
F. HUD family self-sufficiency
agreements: Some housing authorities
administer self-sufficiency programs under which residents develop a
self-sufficiency plan and agreement with the housing authority. A participant with a HUD family
self-sufficiency plan may use the plan for his or her IRP. The participant must supply a copy of the
plan to the department.
[8.102.460.12 NMAC - Rp, 8.102.460.15
NMAC, 04/01/2012]
8.102.460.13 WORK PARTICIPATION AGREEMENT (WPA):
A. General: The purpose of the WPA is to assure the
participant and the department that the work activities in which the
participant is engaged meet the standard or limited work requirement hours and
the participant is referred to receive all available support services.
B. Contents of the agreement: At a minimum, the WPA shall:
(1) list the
participant's proposed work activities;
(2) list the level of
effort for each activity;
(3) list the support
services to be provided by the department;
(4) list
the reasonable accommodations that may be necessary to ensure meaningful
engagement;
(5) be signed by the
participant; and
(6) upon approval of
the activities and support services, signed by the NMW service provider.
C. Submission of a WPA: The participant must submit a WPA, as
developed with the NMW service provider and signed by the participant to the
department, its contractor or its designee:
(1) no later than 15
calendar days from date of approval for benefits; or
(2) prior to requesting support services
associated with such activity;
(3) no later than 30 calendar days from
approval for benefits only if good cause criteria applies to untimely
completion; or
(4) no later than five days after the expiration of an existing
WPA.
D. Limited work participation status requests: Participants requesting a limited work
participation status must submit a preliminary WPA to the IRU in accordance
with regulation 8.102.420.11 NMAC.
E. Conciliation and sanction: Failure or refusal to develop, sign or meet
the activities outlined in the WPA may result in conciliation or sanction,
unless good cause exists. See 8.102.620 NMAC.
F. Reopened cases: A participant whose NMW/TANF case
is approved for benefits with less than a 12-month break in certification,
shall have his or her case reopened and shall be required to:
(1) submit a revised
WPA within 15 calendar days of approval for benefits;
(2) be engaged in an allowable work activity
as specified on the participant's WPA at the participation standard specified
in 8.102.460.14 or 8.102.460.15 NMAC within 15 calendar days of approval for
benefits; and
(3) submit the
participation report to the NMW service provider no later than the fifth
calendar day of the month following the month in which the 15-day time limit
expires.
[8.102.460.13 NMAC - Rp, 8.102.460.16
NMAC, 04/01/2012]
8.102.460.14 NMW STANDARD WORK PARTICIPATION HOURS: The following work participation requirement
hours apply to all participants unless the participant is granted limited work
participation status.
A. General:
Participation activities may be met through those activities listed in
8.102.461 NMAC.
(1) A
parent subject to participation shall maintain the participation standards
based on their status and provide verification of participation at a rate at
least equaling the applicable participation standard.
(2) Participants
granted a limited work participation status must meet the limited work
participation requirement hours on their WPA and provide verification of
participation.
B. Two-parent participation requirement hours: Two parent families must meet the all family and
two parent participation requirement hours to avoid being subject to
conciliation or sanction. If the benefit
group does not meet the federal work program definition of a two parent benefit
group, then both parents must meet the standard work participation hours for a
single parent benefit group.
(1) Two-parent
family receiving CYFD child care: Listed below are the family’s
total monthly work participation hours that are required in a two parent family
to be considered meeting the two parent rate.
This standard work participation rate also applies to families where one
participant is disqualified, sanctioned, or granted a limited work
participation status.
(a) total combined
monthly hours: 237
(b) minimum core
hours: 215
(2) All family
rate: Individual monthly work
participation hours are required in a two participant family to be considered
meeting the all family rate.
(a) total combined
monthly hours: 129
(b) minimum core
hours: 86
(3) Two-parent
family not receiving CYFD child care:
Listed below are the family’s total monthly work participation hours
that are required in a two parent family to be considered meeting the two
parent rate. This standard
applies to families where one parent is disqualified, sanctioned, or granted
limited work participation requirements by the IRU or NMW.
(a) total combined
monthly hours: 151
(b) minimum core
hours: 129
(4) All family
rate: Individual monthly work
participation hours are required in a two parent family to be considered
meeting the all family rate.
(a) total combined
monthly hours: 129
(b) minimum core
hours: 86
(5) Two parent family not meeting the
definition of two parent: A two-parent
family where one parent receives SSI, is an ineligible alien, or is a caretaker
for a household member as determined by the IRU, must meet the work
participation standard as prescribed by the single parent work participation
hours based on the age of the child.
(6) Two parent family where both parents
are under age 20: The participation
standard shall be met for each parent if the parent is maintaining satisfactory
attendance in secondary school or its equivalent during the month. Satisfactory attendance shall be based on the
requirements of the school and on enrollment in sufficient course work to
assure completion of secondary education before turning age 20. Compliance with
attendance requirements is deemed during school breaks lasting no longer than
four consecutive weeks.
C. Single-parent benefit group: The parent in a single-parent or caretaker
relative benefit group shall participate in work activities as prescribed below
or be subject to conciliation or sanction.
(1) Single parent with a child age six or
older:
(a) total monthly
hours: 129
(b) minimum core
hours: 86
(2) Single parent with a child under age
six:
(a) total monthly
hours: 86
(b) minimum core
hours: 86
(3) Single parent under age 20: A single parent under age 20 shall meet the
single parent's total program participation standard, as outlined above when
the parent:
(a) is enrolled in
school with enough hours to ensure graduation prior to turning age 18; and
(b) reports on a
monthly basis attendance at a secondary school or in a GED program; or
(c) participates in
education directly related to employment for at least the average number of
hours per week specified above based on the child’s age.
(d) Compliance with attendance requirements is
deemed during school breaks lasting no longer than four consecutive weeks.
[8.102.460.14 NMAC - Rp, 8.102.460.13
NMAC, 04/01/2012]
8.102.460.15 LIMITED WORK PARTICIPATION STATUS: A participant may request a limited work
participation status reducing their individual standard work participation to
no less than one hour per week, as determined by the department at 8.102.420
NMAC. Individuals who demonstrate
extraordinary circumstances may be granted a zero hour limited work
participation status. Participants
granted a limited work participation status are
required to meet the NMW compliance requirements as indicated at 8.102.460.9
NMAC. Failure to complete the
assessment, IRP and WPA may be considered non-compliance with program
requirements.
[8.102.460.15 NMAC - N, 04/01/2012]
8.102.460.16 Calculating
hours:
A. Total monthly hours
are calculated by a weekly average of core and non-core hours.
B. Time spent
traveling to and from the work-site, location where child care is provided, or
both, do not count as hours of participation.
C. For paid work
activities:
(1) paid leave and
holiday time count as actual hours;
(2) hours shall be
anticipated prospectively and verification provided no more than every six
months.
D. For non-paid
activities allowable excused absences count as actual hours when:
(1) the absence
occurs on a day that the participant is scheduled to participate in an
activity; and
(2) is considered
excused by the institution or sponsoring agency.
E. For non-paid
activities allowable holiday absences count as actual hours when:
(1) the absence
scheduled holiday occurs on a day that the participant would have been
scheduled to participate in an activity; and
(2) the absence is a
scheduled holiday as recognized by the department and determined at the
beginning of each federal fiscal year.
F. A participant
may be granted no more than 80 hours of excused absences within a 12 month
period and no more than 16 hours in any one month. Any excused absence cannot exceed the number
of hours the participant was scheduled to work during the period of the
absence.
G. Non-paid work
experience and community service participation hours are limited to the Fair
Labor Standards Act (FLSA) rules. The
FLSA is used to determine the maximum number of hours the department can
require a participant to meet. Upon
receipt and verification of meeting the maximum number of hours required by the
FLSA calculation and the number is less than the core work hour requirement,
the remaining hours may be deemed up to the core hour requirement. The maximum
amount of weekly hours required by the FLSA is calculated as follows:
(1) Single parent: Add the monthly TANF cash assistance grant
amount (prior to any reductions) to the monthly food stamp benefit and divide
by the federal or state minimum wage, whichever is higher, and divide by 4.3.
(2) Two-parent: The calculation of participation requirement
hours is the same as a single parent.
[8.102.460.16 NMAC - N, 04/01/2012]
HISTORY OF 8.102.460 NMAC:
NMAC
History:
8
NMAC 3.FAP.460, Work Program Activities, filed 06/16/1997.
8
NMAC 3.FAP.460, Work Program Activities, filed 06/16/1998.
History of Repealed Material:
8.102.460
NMAC, Recipient Policies - Defining Group Work Program Activities, filed
03/02/2001 - Repealed effective 07/01/2001.
8.102.460
NMAC, Recipient Policies - Defining Group Work Program Activities, filed
06/18/2001 - Repealed effective 07/16/2007.
8.102.460
NMAC, Recipient Policies - Defining Group Work Program Activities, filed
07/02/2007 - Repealed effective 04/01/2012.