TITLE 8 SOCIAL SERVICES
CHAPTER 139 FOOD STAMP PROGRAM
PART 100 GENERAL PROVISIONS FOR THE FOOD STAMP PROGRAM
8.139.100.1 ISSUING AGENCY: New Mexico Human Services Department.
[8.139.100.1 NMAC - Rp, 8.130.100.1 NMAC 11/1/2023]
8.139.100.2 SCOPE: General public.
[8.139.100.2 NMAC - Rp, 8.130.100.2 NMAC 11/1/2023]
8.139.100.3 STATUTORY AUTHORITY: 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 human services department (HSD), including its authority to promulgate regulations, is governed by Chapter 9, Article 8 NMSA 1978 (Repl. 1983).
[8.139.100.3 NMAC - Rp, 8.130.100.3 NMAC 11/1/2023]
8.139.100.4 DURATION: Permanent.
[8.139.100.4 NMAC - Rp, 8.130.100.4 NMAC 11/1/2023]
8.139.100.5 EFFECTIVE DATE: November 1, 2023, unless a later date is cited at the end of a section.
[8.139.100.5 NMAC - Rp, 8.130.100.5 NMAC 11/1/2023]
8.139.100.6 OBJECTIVE: 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.
[8.139.100.6 NMAC - Rp, 8.130.100.6 NMAC 11/1/2023]
8.139.100.7 DEFINITIONS:
A. Definitions beginning with A:
(1) Adequate notice: means a written notice sent by mail or electronically that includes a statement of the action HSD has taken or intends to take, reason for the action, household right to a fair hearing, name of the individual to contact for additional information, the availability of continued benefits liability of the household for any over-issuances received if hearing decision is adverse to the household. An adequate notice may be received prior to an action to reduce benefits, or at the time reduced benefits will be received, or if benefits are terminated, at the time benefits would have been received if they had not been terminated. In all cases, participants have 13 days from the mailing or electronic distribution date of the notice to request that benefits be restored to their previous level pending the outcome of an administrative hearing.
(2) Adjusted net income: means the household's gross monthly income less the standard deduction, earned income deduction, dependent care deduction and the shelter deduction. (Medical expenses are allowed for certain eligible members as a deduction from their gross income).
(3) Application: means a request, on the appropriate ISD form, submitted in a written or electronic format with the signature of the applicant or on the applicant's behalf by an authorized representative, for assistance.
(4) Attendant: means an individual needed in the home for medical, housekeeping, or child care reasons.
(5) Authorized representative: means an individual designated by a household or responsible member to act on its behalf in applying for SNAP benefits, obtaining SNAP benefits, or using SNAP benefits to purchase food for the household. This can include a public or private, nonprofit organization or institution providing assistance, such as a treatment or rehabilitation center or shelter which acts on behalf of the resident applicant.
B. Definitions beginning with B:
(1) Benefit month: means the month for which SNAP benefits have been issued. This term is synonymous with issuance month defined below.
(2) Beginning month: means the first month for which a household is certified after a lapse in certification of at least one calendar month. Beginning month and initial month are used interchangeably. A household is budgeted prospectively in a beginning month.
(3) Boarder: means an individual to whom a household furnishes lodging and meals for reasonable compensation. Such a person is not considered a member of the household for determining the SNAP benefit amount.
(4) Boarding house: means a commercial establishment, which offers meals and lodging for compensation with the intention of making a profit. The number of boarders residing in a boarding house is not used to establish if a boarding house is a commercial enterprise.
(5) Budget month: means the calendar month for which income and other circumstances of the household are determined in order to calculate the SNAP benefit amount. During the beginning month of application, prospective budgeting shall be used and therefore, the budget month and the issuance month are the same.
C. Definitions beginning with C:
(1) Capital gains: means proceeds from the sale of capital goods or equipment.
(2) Categorical eligibility (CE): means a SNAP household that meets one of the following conditions:
(a) Financial CE: Any SNAP household in which all members receive Title IV-A assistance (TANF), general assistance (GA), or supplemental security income (SSI) benefits is considered to be categorically eligible for SNAP benefits.
(b) Broad-based CE: Any SNAP household, in good standing, in which at least one member is receiving a non-cash TANF/MOE funded benefit or service and household income is below one hundred sixty-five percent FPG.
(3) Cash assistance (CA) households: (also referred to as financial assistance) means households composed entirely of persons who receive CA payments. Cash assistance (CA) means any of the following programs authorized by the Social Security Act of 1935, as amended: old age assistance; temporary assistance to needy families (TANF); aid to the blind; aid to the permanently and totally disabled; and aid to the aged, blind or disabled. It also means general assistance (GA), cash payments financed by state or local funds made to adults with no children who have been determined disabled, or to children who live with an adult who is not related. CA households composed entirely of TANF, GA or SSI recipients are categorically eligible for SNAP.
(4) Certification: means the authorization of eligibility of a household and issuance of SNAP benefits.
(5) Certification period: means the period assigned for which a household is eligible to receive SNAP benefits. The certification period shall conform to calendar months and includes the requirement for the completion of an interim report form in accordance with Subsection B of 8.139.120.9 NMAC.
(6) Collateral contact: means an individual or agency designated by the household to provide information concerning eligibility.
(7) Communal diner: means an individual 60 years of age or older who is not a resident of an institution or a boarding house, who is living alone or with a spouse, and elects to use SNAP benefits to purchase meals prepared for the elderly at a communal dining facility which has been authorized by USDA/FNS to accept SNAP benefits.
(8) Communal dining facility: means a public or nonprofit private establishment, approved by FNS, which prepares and serves meals for elderly persons, or for SSI recipients, and their spouses; a public or private nonprofit establishment (eating or otherwise) that feeds elderly persons or SSI recipients and their spouses, and federally subsidized housing for the elderly at which meals are prepared for and served to the residents. It also includes private establishments that contract with an appropriate state or local agency to offer meals at concession prices to elderly persons or SSI recipients and their spouses. Such establishments include a facility such as a senior citizen's center, an apartment building occupied primarily by elderly persons, or any public or private nonprofit school (tax exempt) which prepares and serves meals for elderly persons.
(9) Conversion factor: means the calculation used to convert income that is received on a weekly or biweekly basis to an anticipated monthly amount.
D. Definitions beginning with D:
(1) Date of application: means the date an application is received by the income support division offices during regular business hours. Applications that are dropped off or submitted electronically after regular business hours will be considered received as of the next business day.
(2) Date of admission: means the date established by the United States citizenship and immigration services as the date an alien (or sponsored alien) was admitted for permanent residence.
(3) Date of entry: means the date established by the United States citizenship and immigration services as the date an alien (or sponsored alien) was admitted for permanent residence.
(4) Disability: means the inability to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment.
(5) Disabled member: see elderly or disabled member.
(6) Documentation: means a written statement entered in the paper or electronic case record regarding the type of verification used and a summary of the information obtained to determine eligibility.
(7) Drug addiction or alcoholic treatment and rehabilitation program: means any drug addiction treatment or alcoholic treatment and rehabilitation program conducted by a private, nonprofit organization or institution, or a publicly operated community mental health center under part B of title XIX of the Public Health Service Act (42 U.S.C. 3004 et seq.)
E. Definitions beginning with E:
(1) Elderly or disabled member:
(a) Elderly: means an individual 60 years or older.
(b) Disabled: means a person who meets any of the following standards:
(i) receives supplemental security income (SSI) under title XVI of the Social Security Act or disability or blindness payments under titles I, II, X, XIV, or XVI of the Social Security Act;
(ii) receives federally or state administered supplemental benefits under section 1616a of the Social Security Act, provided that the eligibility to receive the benefits is based upon the disability or blindness criteria used under title XVI of the Social Security Act;
(iii) receives federally or state administered supplemental benefits under section 211(a) of Pub. L. 93-66, supplemental security income benefits for essential persons;
(iv) receives disability retirement benefits from a government agency (e.g. civil service, ERA, and PERA) because of a disability considered permanent under section 221(i) of the Social Security Act;
(v) is a veteran with a service-connected or non-service connected disability rated by the veterans administration (VA) as total or paid as total by the VA under title 38 of the United States Code;
(vi) is a veteran considered by the VA to be in need of regular aid and attendance or permanently homebound under title 38 of the United States code;
(vii) is a surviving spouse of a veteran and considered by the VA to be in need of regular aid and attendance or permanently homebound or a surviving child of a veteran and considered by the VA to be permanently incapable of self-support under title 38 of the United States code;
(viii) is a surviving spouse or surviving child of a veteran and considered by the VA to be entitled to compensation for service-connected death or pension benefits for a non-service-connected death under title 38 of the United States code and has a disability considered permanent under section 221(i) of the Social Security Act ("entitled" as used in this definition refers to those veterans' surviving spouses and surviving children who are receiving the compensation or pension benefits stated, or have been approved for such payments, but are not yet receiving them); or
(ix) receives an annuity payment under section 2(a)(1)(iv) of the Railroad Retirement Act of 1974 and is determined to be eligible to receive medicare by the railroad retirement board, or section 2(a)(i)(v) of the Railroad Retirement Act of 1974 and is determined to be disabled based upon the criteria used under title XVI of the Social Security Act;
(x) is a recipient of interim assistance benefits pending the receipt of supplemental security income, a recipient of disability related medical assistance under title XIX of the Social Security Act, or a recipient of disability-based state general assistance benefits provided that the eligibility to receive any of these benefits is based upon disability or blindness criteria established by the state agency which are at least as stringent as those used under title XVI of the Social Security Act (as set forth at 20 CFR part 416, subpart I, Determining Disability and Blindness as defined in Title XVI).
(2) Eligible foods: means:
(a) any food or food product intended for human consumption except alcoholic beverages, tobacco, and hot foods and hot-food products prepared for immediate consumption;
(b) seeds and plants to grow foods for the personal consumption of eligible households;
(c) meals prepared and delivered by an authorized meal delivery service to households eligible to use SNAP benefits to purchase delivered meals, or meals served by an authorized communal dining facility for the elderly, for SSI households, or both, to households eligible to use SNAP benefits for communal dining;
(d) meals prepared and served by a drug addict or alcoholic treatment and rehabilitation center to eligible households;
(e) meals prepared and served by a group living arrangement facility to residents who are blind or disabled as found in the definition of "elderly or disabled member" contained in this section;
(f) meals prepared and served by a shelter for battered women and children to its eligible residents; and
(g) in the case of homeless SNAP households, meals prepared and served by an authorized public or private nonprofit establishment (e.g. soup kitchen, temporary shelter) approved by HSD that feeds homeless persons.
(3) Encumbrance: means debt owed on property.
(4) Equity value: means the fair market value of property, less any encumbrances owed on the property.
(5) Excluded household members: means individuals residing within a household who are excluded when determining household size, the SNAP benefit amount or the appropriate maximum food stamp allotment (MFSA). These include ineligible aliens, individuals disqualified for failure to provide an SSN or to comply with the work requirements, and those disqualified for intentional program violation. The resources and income (counted in whole or in part) of these individuals shall be considered available to the remaining household members.
(6) Expedited services: means the process by which households reporting little or no income or resources shall be provided an opportunity to participate in the FSP, no later than the seventh calendar day following the date the application was filed.
(7) Expungement: means the permanent deletion of SNAP benefits from an EBT account that is stale.
F. Definitions beginning with F:
(1) Fair hearing: an administrative procedure during which a claimant or the claimants representative may present a grievance to show why he/she believes an action or proposed action by HSD is incorrect or inaccurate.
(2) Fair market value (FMV): means the amount an item can be expected to sell for on the open market.
(3) FNS: means the food and nutrition service of the United States department of agriculture (USDA).
(4) Food Stamp Act: the Food and Nutrition Act of 2008, and subsequent amendments.
(5) Fraud: intentionally making a misrepresentation of, or failing to disclose, a material fact: with the knowledge that such a fact is material (necessary to determine initial/ongoing eligibility or benefit entitlement); and with the knowledge that the information is false; and with the intent that the information be acted upon (deceive/cheat); with reasonable reliance on the person who hears the information to accept it as the truth.
(6) Full time employment: means working 30 hours or more per week, or earning income equivalent to the federal minimum wage multiplied by 30 hours.
G. Definitions beginning with G:
(1) General assistance (GA) households: means a household in which all members receive cash assistance financed by state or local funds.
(2) Gross income: means the total amount of income that a household is entitled to receive before any voluntary or involuntary deductions are made, such as, but not limited to, federal and state taxes, FICA, garnishments, insurance premiums (including medicare), and monies due and owing the household, but diverted by the provider. Gross income does not include specific income exclusions, such as, but not limited to, the cost of producing self-employment income, and income excluded by federal law.
(3) Group living arrangements: means a residential setting that serves no more than sixteen residents that is certified by DOH under regulations issued under section 1616(e) of the Social Security Act, or under standards determined by the secretary to be comparable to standards implemented by appropriate state agencies under section 1616(e) of the Social Security Act. To be eligible for SNAP benefits, a resident shall be living in a public or private non-profit group living arrangement and must be blind or disabled as defined in the definition of "elderly or disabled member" set forth at Items (i) through (x) of Subparagraph (b) of Paragraph (25) of Subsection A of 8.139.100.7 NMAC.
(4) Guaranteed Basic Income: Guaranteed
basic income provides an individual or household a one time or recuring cash
payment or transfer funded from a public or private source intended to support
the basic needs of individuals or households by reducing poverty, promoting
economic mobility, or increasing the financial stability.
H. Definitions beginning with H:
(1) Head of household: the household is the basic assistance unit for the SNAP program. The household has the right to select the head of household in accordance with CFR 273.1 (d).
(2) Homeless individual: means an individual who lacks a fixed and regular nighttime residence, or an individual whose primary nighttime residence is:
(a) a supervised shelter providing temporary accommodations (such as a welfare hotel or congregate shelter);
(b) a halfway house or similar institution providing temporary residence for individuals intended to be institutionalized;
(c) a temporary accommodation for no more than 90 days in the residence of another individual, beginning on the date the individual moves into the temporary residence; or
(d) a place not designed for, or ordinarily used, as a regular sleeping accommodation for human beings (e.g. a hallway, a bus station, a lobby or similar places).
(3) Homeless meal provider: means a public or private nonprofit establishment, (e.g., soup kitchen, temporary shelter), approved by an appropriate state agency, that feeds homeless persons.
I. Definitions beginning with I:
(1) Immigrant: means a lawfully admitted alien who entered the U.S. with the expressed intention of establishing permanent residence as defined in the federal act.
(2) Ineligible alien: means an individual who does not meet the eligible alien requirements or who is not admitted for permanent residence.
(3) Income: means all monies received by the household from any source, excluding only the items specified by law or regulation. Income is also defined as any monetary gain or benefit to the household.
(4) Income and eligibility verification system: means a system of information acquisition and exchange for purposes of income and eligibility verification which meets the requirements of section 1137 of the Social Security Act, referred to as IEVS.
(5) Initial month: means the first month for which a first-time household is certified for participation in SNAP. An initial month is also a month in which a household is certified following a break in participation of one calendar month or longer. For migrant or seasonal farm worker households, an initial month shall only be considered if there has been an interruption in certification of at least one calendar month.
(6) Inquiry: means a request for information about eligibility requirements for a cash, medical, or food assistance program that is not an application (although the inquiry may be followed by an application).
(7) Institution of
higher education:
means certain college-level
institutions, such as vocational schools, trade schools, and career colleges
that award academic degrees or professional certifications.
(8) Institution of post-secondary education: means any public or private educational institution that normally requires a high school diploma or equivalency certificate for enrollment, or that admits persons who are beyond the age of compulsory school attendance in the state in which the institution is located regardless of the high school prerequisite, provided that the institution is legally authorized or recognized by the state to provide an educational program beyond secondary education in the state or provides a program of training to prepare students for gainful employment.
(9) Irrevocable trust: means an arrangement to have monies held by one person for the benefit of another that cannot be revoked.
(10) Issuance month: means the calendar month for which SNAP is issued. In prospective budgeting, the budget and issuance months are the same. In retrospective budgeting, the issuance month follows the budget month.
J. Definitions beginning with J: [RESERVED]
K. Definitions beginning with K: [RESERVED]
L. Definitions beginning with L: Low-income household means a household whose annual income does not exceed one hundred and twenty-five percent of the office of management and budget poverty guideline.
M. Definitions beginning with M:
(1) Maintenance of effort (MOE): means the amount of general funds the state agency must expend annually on the four purposes of temporary assistance for needy families (TANF) to meet a minimum expenditure requirement based on a states historical assistance to families with dependent children (AFDC) expenditures.
(2) Maximum food stamp allotment (MFSA): means the cost of the diet required to feed a family of four persons consisting of a man and a woman 20 through 50, a child six through eight, and a child nine through 11 years of age. The cost of such a diet shall be the basis for uniform SNAP benefit amounts for all households, regardless of their actual composition. In order to develop maximum SNAP benefit amounts, the USDA makes adjustments for household size taking into account the economies of scale and other adjustments as required by law. The MFSA is used to determine if a boarder is paying reasonable compensation for services. The maximum SNAP allotment (MFSA) was previously named the thrifty food plan (TFP).
(3) Meal delivery service: means a political subdivision, a private nonprofit organization, or a private establishment with which a state or local agency has contracted for the preparation and delivery of meals at concession prices to elderly persons, and their spouses, and to the physically or mentally handicapped, and to persons otherwise disabled, and their spouses, such that they are unable to adequately prepare all of their meals.
(4) Medicaid: medical assistance under title XIX of the Social Security Act, as amended.
(5) Migrant/migrant household: means an individual who travels away from home on a regular basis with a group of laborers to seek employment in an agriculturally related activity. A migrant household is a group that travels for this purpose.
(6) Mixed households: means those households in which some but not all of the members receive cash assistance benefits.
N. Definitions beginning with N:
(1) Net monthly income: means gross nonexempt income minus the allowable deductions. It is the income figure used to determine eligibility and SNAP benefit amount.
(2) Non-cash assistance (NCA) households: means any household, which does not meet the definition of a cash assistance household, including households composed of both cash assistance and NCA members (mixed household). Same applies to non-financial households (NFA).
(3) Non-cash TANF/MOE benefit or service: means non-cash TANF/MOE benefit or services include programs or services that do not provide cash to recipients, but are funded by the TANF program, either by the federal TANF block grant or the state MOE share. These services may include transportation, childcare, counseling programs, parenting programs, pamphlets or referrals to other TANF/MOE-funded services.
(4) Non-financial assistance (NFA) households: means any household, which does not meet the definition of a financial assistance household, including households composed of both cash assistance and NFA members (mixed household). NFA has the same meaning as non-cash households (NCA).
(5) Non household members: means persons residing with a household who are specifically excluded by regulation from being included in the household certification, and whose income and resources are excluded. No household members include roomers, boarders, attendants, and ineligible students. Included in this classification are institutionalized household members such as children attending school away from home and members who are hospitalized or in a nursing home.
(6) Notice: means
written correspondence that is generated by any method including handwritten,
typed or electronic, delivered to the client or an authorized representative by
hand, U.S. mail, professional delivery or by any electronic means. The term written notice and notice are
used interchangeably.
(7) Notice of adverse action (NOAA): means a notice informing the household that an action is being taken by the department that adversely affects eligibility or the amount of benefits a household receives, including withholding, suspending, reducing or terminating benefits. The NOAA shall be issued to the household before taking the adverse action. Benefits will not be reduced until 13 days from the date on the adverse action. If the 13th day falls on a weekend or holiday, the next working day is counted as the last day of the 13-day adverse action period.
O. Definitions beginning with O: Over-issuance means the amount by which SNAP benefits issued to a household exceed the amount the household was eligible to receive.
P. Definitions beginning with P:
(1) Period of intended use: means the month in which the benefits are issued if issued before the 20th of the month. For benefits issued after the 20th of the month, the period of intended use is the rest of the month and the following month.
(2) Principal wage earner: means the household member with the greatest amount of earned income in the two months preceding a determination that a program rule has been violated. This applies only if the employment involves 20 hours or more a week or pays wages equivalent to the federal minimum wage multiplied by 20 hours. In making this evaluation, the entire household membership shall be considered, even those who are excluded or disqualified but whose income must be counted for eligibility and benefit amount determination. For purposes of determining noncompliance with the SNAP work requirements, including employment and training components, voluntary quit, and work-fare, the head of household is the principal wage earner unless the household has selected an adult parent of children (of any age) or an adult with parental control over children (under age 18) as the designated head of household as agreed upon by all adult members of the household. A person of any age shall not be considered the principal wage earner if the person is living with a parent or person fulfilling the role of parent or the parent or parent-substitute is:
(a) registered for employment;
(b) exempt because of Title IV compliance;
(c) in receipt of UCB or is registered as part of the UCB process; or
(d) employed or self-employed a minimum of 30 hours a week or receiving income at the federal minimum hourly rate multiplied by 30 hours.
(3) Prospective budgeting: means the computation of a household's eligibility and benefit amount based on a reasonable estimate of income and circumstances that will exist in the current month and future months.
Q. Definitions beginning with Q: Quality control (QC) means the federal mandate, as part of the performance reporting system whereby each state agency is required to review a sample of active cases for eligibility and benefit issuance, and to review a sample of negative cases for correct application of policy. The objectives are to determine a state's compliance with the Food Stamp Act and CFR regulations, and to establish the basis for a state's error rate, corrective action to avoid future errors, and liability for errors in excess of national standards, or eligibility for enhanced federal funding if the error rate is below national standards.
R. Definitions beginning with R:
(1) Real property: means land, buildings, and whatever is built on or affixed to the land.
(2) Recipient: means a person receiving SNAP benefits. Recipient is the same as participant.
(3) Refugee: means a lawfully admitted individual granted conditional entry into the U.S.
(4) Reasonable compensation: means a boarder payment amount that equals or exceeds the MFSA for the number of boarders.
(5) Retail food store: means:
(a) an establishment or recognized department of an establishment, or a house-to-house trade route, whose eligible food sales volume, as determined by visual inspection, sales records, purchase records, or other inventory or accounting record keeping methods that are customary or reasonable in the retail food industry, is more than fifty percent staple food items for home preparation and consumption;
(b) public or private communal dining facilities and meal delivery services; private nonprofit drug addict or alcoholic treatment and rehabilitation programs; publicly operated community mental health centers which conduct residential programs for drug addicts or alcoholics;
(c) public or private nonprofit group living arrangements, or public or private nonprofit shelters for battered women and children, or public or private nonprofit establishments, approved by HSD, or a local agency, that feed homeless persons;
(d) any private nonprofit cooperative food purchasing venture, including those whose members pay for food prior to receipt of the food; a farmer's market.
(6) Retrospective budgeting: means the computation of a household's benefits for an issuance month based on actual income and circumstances that existed in the previous month, the 'budget" month.
S. Definitions beginning with S:
(1) Self-employed: means an individual who engages in a self-managed enterprise for the purpose of providing support and income and who does not have the usual withholding deducted from this income. Self-employed individuals are not eligible to draw UCB by virtue of their job efforts.
(2) Shelter for battered persons: means a public or private nonprofit residential facility that serves battered persons. If such a facility serves other individuals, a portion of the facility must be set aside on a long-term basis to serve only battered persons.
(3) Simplified reporting: is the reporting requirement for households that receive SNAP benefits.
(4) Sponsor: means a person who executed an affidavit(s) of support or similar agreement on behalf of an alien as a condition of the alien's entry or admission to the United States as a permanent resident.
(5) Sponsored alien: means an alien lawfully admitted for permanent residence in the United States as an immigrant, as defined in Subsection 101(a)(15) and Subsection 101(a)(2) of the Immigration and Nationality Act.
(6) Spouse: means either of two individuals who:
(a) would be defined as married to each other under applicable state law; or
(b) are living together and are holding themselves out to the community as husband and wife by representing themselves as such to relatives, friends, neighbors, or trades people.
(7) Stale: means EBT accounts which have not been accessed or had any withdrawal activity by the household for 90 days from the most recent date of withdrawal.
(8) Standard utility allowance (SUA): means an average utility amount used year round that includes the actual expense of heating and cooling fuel, electricity (apart from heating or cooling), the basic service fee for one telephone, water, sewerage, and garbage and trash collection. This amount is adjusted annually to reflect changes in expenses. A cooling expense is a verifiable utility expense relating to the operation of air conditioning.
(9) State wage information collection agency: means for New Mexico the department of workforce solutions, employment security division (ESD) which administers the state employment compensation law and provides a quarterly report of employment related income and eligibility data.
(10) Striker: means anyone involved in a strike or concerted work stoppage by employees (including stoppage due to the expiration of a collective bargaining agreement) and any concerted slow down or other concerted interruption of operations by employees.
(11) Student: means an individual attending at least half time, as defined by the institution any kindergarten, preschool, grade school, high school, vocational school, technical school, training program, college, or university.
(12) Supplemental nutrition assistance program (SNAP): The Food and Nutrition Act of 2008 changed the federal name of the food stamp program to the supplemental nutrition assistance program. SNAP is synonymous with the food stamp program.
(13) Supplemental nutrition assistance program trafficking: means:
(a) The buying, selling, stealing, or otherwise effecting an exchange of SNAP benefits issued and accessed via electronic benefit transfer (EBT) cards, card numbers and personal identification numbers (PINs), or by manual voucher and signature, for cash or consideration other than eligible food, either directly, indirectly, in complicity or collusion with others, or acting alone;
(b) The exchange of firearms, ammunition, explosives, or controlled substances, as defined in section 802 of title 21, United States Code, for SNAP benefits;
(c) Purchasing a product with SNAP benefits that has a container requiring a return deposit with the intent of obtaining cash by discarding the product and returning the container for the deposit amount, intentionally discarding the product, and intentionally returning the container for the deposit amount;
(d) Purchasing a product with SNAP benefits with the intent of obtaining cash or consideration other than eligible food by reselling the product, and subsequently intentionally reselling the product purchased with SNAP benefits in exchange for cash or consideration other than eligible food; or
(e) Intentionally purchasing products originally purchased with SNAP benefits in exchange for cash or consideration other than eligible food.
(14) Supplemental security income (SSI): means monthly cash payments made under the authority of:
(a) Title XVI of the Social Security Act, as amended, to the aged, blind and disabled; or
(b) section 1616(a) of the Social Security Act; or
(c) section 212(a) of P.L. 93-66.
(15) SSI household: means a household in which all members are applicants or recipients of SSI. An SSI household may also apply for SNAP through a social security office. The application must be forwarded to the appropriate SNAP (ISD) office for processing. SSI households are categorically eligible.
(16) Supplementary unemployment benefits (SUB): part of the guaranteed annual wage provisions in the auto industry whereby the company supplements state UCB to insure that laid off workers receive a guaranteed amount of income during the layoff period.
T. Definitions beginning with T:
(1) Thrifty food plan (TFP): see maximum SNAP allotment.
(2) Transitional food stamps: an extension of SNAP benefits up to five months to certain households whose cash assistance benefits have been terminated.
(3) Transitional housing: means housing for which the purpose is to facilitate the movement of homeless individuals and families to permanent housing within 24 months, or such longer period as is determined necessary. All types of housing meant to be transitional should be considered as such for the purpose of determining exclusion. The definition does not exclude specific types of housing and does not require the presence of cooking facilities in a dwelling.
U. Definitions beginning with U:
(2) Universal basic income: Universal basic income is a government-guaranteed program that provides a modest cash income at regular intervals (e.g., each month or year) to every individual or household to meet the basic needs.
V. Definitions beginning with V:
(1) Vehicles: means a mode of transportation for the conveyance of passengers to or from employment, daily living, or for the transportation of goods. Boats, trailers and mobile homes shall not be considered vehicles, for purposes of SNAP.
(2) Verification: means the use of third-party information or documentation to establish the accuracy of statements on the application.
W. Definitions beginning with W: [RESERVED]
X. Definitions beginning with X: [RESERVED]
Y. Definitions beginning with Y: [RESERVED]
Z. Definitions beginning with Z: [RESERVED]
[8.139.100.7 NMAC - Rp, 8.130.100.7 NMAC 11/1/2023]
8.139.100.8 ABBREVIATIONS & ACRONYMS:
A. Abbreviations and acronyms:
(1) ABAWD: able bodied adults without dependents
(2) AFDC: aid to families with dependent children (replaced by TANF effective July 1, 1997)
(3) BIA-GA: bureau of Indian affairs-general assistance
(4) CA: cash assistance (same as financial assistance)
(5) CE: categorical eligibility or categorically eligible
(6) CFR: code of federal regulations
(7) CPI-U: consumer price index for urban consumers
(8) CS: child support
(9) CSED: (HSD) child support enforcement division
(10) CYFD: (New Mexico) children youth & families department
(11) DOH: (New Mexico) department of health
(12) DOJ: (United States) department of justice
(13) DOL: (New Mexico) department of labor
(14) DOT: dictionary of occupational titles
(15) DRIPS: disqualified recipient information processing system
(16) E&T: employment and training
(17) EBT: electronic benefit transfer
(18) EC: employment counselor
(19) EI: earned income
(20) EW: eligibility worker (now FAA or caseworker)
(21) FA: financial assistance (same as cash assistance)
(22) FAA: family assistance analyst (caseworker)
(23) FCS: food and consumer services of the USDA, now FNS
(24) FFY: federal fiscal year
(25) FMV: fair market value
(26) FNS: food and nutrition service
(27) FSP: food stamp program
(28) GA: general assistance
(29) GBI: guaranteed basic income;
(30) GED: general equivalency degree;
(31) HHS: (U.S.) health and human services;
(32) HSD: (New Mexico) human services department;
(33) HUD: (U.S.) housing and urban development;
(34) IEVS: income and eligibility verification system;
(35) IPV: intentional program violation;
(36) ISD: (HSD) income support division;
(37) ISD2: integrated services delivery for ISD;
(38) ISS: income support specialist (now FAA or caseworker);
(39) JOBS: jobs opportunities and basic skills (a work program under AFDC);
(40) JTPA: Job Training Partnership Act (now WIA);
(41) LIHEAP: low income home energy assistance program;
(42) LITAP: low income telephone assistance program;
(43) MFSA: maximum food stamp allotment (benefit amount);
(44) MRRB: monthly reporting and retrospective budgeting;
(45) MVD: (New Mexico) motor vehicle division;
(46) NADA: national automobile dealers association;
(47) NFA: nonfinancial assistance (same as non-cash assistance (NCA);
(48) NMW: New Mexico works;
(49) QC: quality control;
(50) RR: regular reporting or regular reporters;
(51) RSVP: retired seniors volunteer program;
(52) SAVE: systematic alien verification for entitlements;
(53) SNAP: supplemental nutrition assistance program;
(54) SR: simplified reporting;
(55) SSA: social security administration;
(56) SSI: supplemental security income;
(57) SSN: social security number;
(58) SUA: standard utility allowance;
(59) SWICA: state wage information collection agency;
(60) TANF: temporary assistance to needy families (block grant program under Title IV-A of the Social Security Act);
(61) TAPP: tribal
assistance project program (Navajo);
(62) TFP: thrifty food plan (now the maximum SNAP allotment);
(63) TFS: transitional food stamp (benefit amount);
(64) UBI: universal basic income;
(65) UCB: unemployment compensation benefits;
(66) USCIS: United States citizenship and immigration services;
(67) USDA: U. S. department of agriculture;
(68) VA: veterans administration;
(69) WIA:
Workforce Investment Act (formally JTPA);
[8.139.100.8 NMAC - Rp, 8.130.100.8 NMAC 11/1/2023]
8.139.100.9 MISSION STATEMENT:
A. The purpose of the program is to provide for improved levels of nutrition among low-income households through a cooperative federal-state program of food assistance to be operated through normal channels of trade.
B. Section 2 of the Food Stamp Act of 1977 states, in part: Congress hereby finds that the limited food purchasing power of low-income households contributes to hunger and malnutrition among members of such households. To alleviate such hunger and malnutrition, a food stamp program is herein authorized which will permit low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power to all eligible households who apply for participation.
[8.139.100.9 NMAC - Rp, 8.130.100.9 NMAC 11/1/2023]
8.139.100.10 PROGRAM OVERVIEW:
A. Establishment of the food stamp program: Sec. 4 [2013] (a) of the act provides that subject to availability of funds appropriated under section 18, the secretary is authorized to formulate and administer a food stamp program under which eligible households within a state be provided an opportunity to obtain a more nutritious diet through the issuance to the household of an allotment.
B. State participation: A state is prohibited from participating in the food stamp program if it is determined that state or local sales taxes are collected on purchases of food made with coupons issued under the act.
C. Retail stores: Food stamp benefits used by households shall be used only to purchase food from retail food stores which have been approved for participation in the food stamp program. Benefits issued and used as provided in the act shall be redeemable at face value by the secretary through the facilities of the treasury of the United States.
[8.139.100.10 NMAC - Rp, 8.130.100.10 NMAC 11/1/2023]
8.139.100.11 GENERAL PROGRAM DESCRIPTION:
A. Purpose: The supplemental nutrition assistance program (SNAP) is designed to promote the general welfare and to safeguard the health and well-being of the nation's population by raising the levels of nutrition among low-income households.
B. Household participation: Participation in SNAP shall be limited to those households whose income and other financial resources, held singly or in joint ownership, are determined to be a substantial limiting factor in permitting them to obtain a more nutritious diet. Eligibility for the program is determined by comparing the applicant group's income, resources, and non-financial eligibility information to the program's policies.
C. National standards: Uniform national standards for determining eligibility and participation are established each year, and are effective every October. A household shall meet income and resource limits and other specific eligibility criteria before approval for participation in SNAP. The income test is based on one hundred and thirty percent of the federal poverty level. Resource eligibility limits are $2,250 for households whose members are under 60 years of age, and $3,250 for households containing one or more individuals 60 years of age or over. The federal government funds program benefits at one hundred percent and administrative costs at fifty percent.
[8.139.100.11 NMAC - Rp, 8.130.100.11 NMAC 11/1/2023]
8.139.100.12 ADMINISTRATION: The state agency of each participating state shall assume responsibility for the certification of applicant households and for the issuance of coupons (benefits). In New Mexico the agency responsible for administration of the food stamp program is the human services department, income support division. HSD is responsible for control and accountability in the food stamp program. Records shall be kept to ascertain whether the program is being conducted in compliance with provisions of the Food Stamp Act of 1977. Such records shall be available for inspection and audit at any reasonable time and shall be preserved for not less than three years.
[8.139.100.12 NMAC - Rp, 8.130.100.12 NMAC 11/1/2023]
8.139.100.13 DIVISION RESPONSIBILITIES: The income support division of the human services department shall be responsible for general administration of the food stamp program.
A. Issuance of food stamp coupons to eligible low-income households is accomplished in Santa Fe via direct mail delivery.
B. Since September 1990, benefit delivery was accomplished via electronic benefit transfer in selected counties. The electronic benefit transfer delivery system has been approved statewide.
C. Policy changes and interpretation is forwarded to field staff and other interested parties as it is received from the food and nutrition service of the United States department of agriculture. Individual requests for policy clarifications are also disseminated.
D. The division is responsible for record keeping to satisfy provisions of the Food Stamp Act of 1977, including keeping numbers of participating households, amount of food stamp benefits issued monthly, benefits returned monthly, affidavits filed, and coupons destroyed.
[8.139.100.13 NMAC - Rp, 8.130.100.13 NMAC 11/1/2023]
HISTORY OF 8.139.100 NMAC: [RESERVED]
History of Repealed Material: 8.139.100 NMAC, Food Stamp Program - General Provisions For The Food Stamp Program filed 4/26/2001, Repealed effective 11/1/2023.
Other: 8.139.100 NMAC, Food Stamp Program - General Provisions For The Food Stamp Program filed 4/26/2001, Replaced by 8.139.100 NMAC, Food Stamp Program - General Provisions For The Food Stamp Program effective 11/1/2023.