TITLE 8 SOCIAL SERVICES
CHAPTER 139 FOOD STAMP PROGRAM
PART 110 GENERAL ADMINISTRATION - APPLICATION
PROCESSING
8.139.110.1 ISSUING AGENCY: New Mexico Human Services Department
[02/01/95; 8.139.110.1 NMAC - Rn, 8 NMAC 3.FSP.000.1, 05/15/2001]
8.139.110.2 SCOPE: General public
[02/01/95; 8.139.110.2 NMAC - Rn, 8 NMAC 3.FSP.000.2, 05/15/2001]
8.139.110.3 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).
[02/01/95; 8.139.110.3 NMAC - Rn, 8 NMAC 3.FSP.000.3, 05/15/2001]
8.139.110.4 DURATION: Permanent
[02/01/95; 8.139.110.4 NMAC - Rn, 8 NMAC 3.FSP.000.4, 05/15/2001]
8.139.110.5 EFFECTIVE DATE: February 1, 1995, unless a later date is cited at the end of a section.
[02/01/95; 8.139.110.5 NMAC - Rn, 8 NMAC 3.FSP.000.5, 05/15/2001; A, 09/01/2017]
8.139.110.6 OBJECTIVE: Issuance of the revised SNAP policy manual is
intended to be used in administration of SNAP in New Mexico. This revision incorporated the latest federal
policy changes in SNAP 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.
[02/01/95; 8.139.110.6 NMAC - Rn, 8 NMAC 3.FSP.000.6, 05/15/2001; A, 03/01/2017]
8.139.110.7 DEFINITIONS: [RESERVED]
8.139.110.8 APPLICATION PROCESS: The application process includes
completing an application form on paper or electronically, filing the completed
application form, being interviewed, and having certain information
verified. ISD will make paper
application forms readily accessible in the ISD local office lobby to
potentially eligible households and to anyone who requests the form. If HSD maintains a web page, the application
will be available on the web page in each language for which the printed
application is available. Information on
how to submit an electronic application will be readily available to
potentially eligible individuals as well as to local agencies and organizations
that regularly have contact with potential applicants and recipients. The web page will provide the addresses and
phone numbers of all ISD field offices and a statement that the household
should return the application form to its nearest local office. Households may submit the application in
person, or via mail, fax, electronic device, or through an authorized
representative. Applications will be
accessible to persons with disabilities in accordance with Section 504 of the
Rehabilitation Act of 1973, as amended by the Rehabilitation Act Amendments of
1974.
[02/01/95, 06/01/95; 8.139.110.8 NMAC - Rn, 8 NMAC 3.FSP.110, 05/15/2001; A, 07/15/2013; A, 03/01/2017]
8.139.110.9 RIGHT TO APPLY:
A. Each
individual shall have the opportunity to apply for public assistance programs
administered by the department or to have an authorized representative do so on
his or her behalf. Paper application
forms must be readily accessible in the ISD local office lobby and provided to
any person who requests the form.
Applications are made in a format prescribed by the department to
include paper forms or electronic submissions.
ISD will post signs in local field offices which explain the application
processing standards and the right to file an application on the day of initial
contact.
B. An
individual who requests information or assistance and who wishes to apply, shall be encouraged to complete an application the
same day that contact is made with the office.
(1) An
individual shall be informed that the date of application affects the benefit
amount.
(2) An
individual shall be informed that an incomplete application may be filed as
long as the form has the applicant's name and address and is signed by a responsible
household member or authorized representative.
(3) An
interview shall not be required before filing an application.
(4) A
household shall be informed, except for a SNAP requirement, that any
disadvantages or requirements for applying for or receiving cash assistance do
not apply to SNAP and that receiving SNAP shall have no bearing on any other
program’s time limits that may apply to the household.
(5) If
an individual contacts the office by phone or mail and does not wish to come to
the office to pick up an application the individual will be mailed an
application the same day the office is contacted and offered the option of
submitting an electronic application through the YES-New Mexico web portal.
C. SSI applicants:
(1) Whenever
a household consists only of SSI applicants or recipients, the household has
the right to apply for SNAP benefits and to transact all SNAP business at a
social security administration (SSA) office, provided it has not applied for
SNAP benefits in the preceding 30 days or does not have a SNAP application
pending at a local ISD office.
(a) Such
applications are considered filed for normal processing purposes when the
signed application is received by SSA.
(b) SSA
is required to forward every application to the appropriate ISD office within
one working day of receipt.
(c) SSI
clients are not required to see ISD or be otherwise subjected to a second
interview, although additional information or verification may be requested.
(2) SSI/SNAP prerelease applications: A resident of a public institution who
applies for SSI prior to release from the institution under the social security
administration (SSA) prerelease program for the institutionalized shall be
permitted to apply for SNAP benefits at the same time the individual applies
for SSI. The SNAP application shall be
processed at a local ISD office in accordance with Paragraph 1 of Subsection C
of 8.139.110.9 NMAC above and with the following processing and timeliness
standards for joint SSI/SNAP prerelease applications.
(a) Application date:
(i) When a resident of an institution
files a joint application for SSI and SNAP benefits with SSA prior to release
from the institution, the date of application for filing purposes at the local
ISD office shall be the date of release.
(ii) An
application shall be denied upon receipt if the applicant is not otherwise
eligible, except for the resident of an institution provision as found at
Subparagraph (a) of Paragraph (2) of Subsection C of 8.139.110.9 NMAC and
Subsection A and B of 8.139.400.13 NMAC.
(b) Normal processing standard:
(i) An application shall be processed as
soon as possible and the applicant afforded an opportunity to participate no
later than 30 days from the date of release from the institution.
(ii) Benefits
for the initial month of certification shall be prorated from the date of the
month the applicant is released from the institution.
(c) Expedited service: An applicant who qualifies for expedited
service shall receive benefits no later than the seventh calendar day following
the applicant's release from the institution.
(d) Categorical eligibility: A potential categorically eligible applicant
shall not be considered as such until the individual has been released from the
institution and SSA has made a final SSI eligibility determination.
(e) Restored benefits: SSA must notify the local ISD office of the
date of the applicant's release from the institution. If for any reason notification is not
provided on a timely basis, ISD shall only restore SNAP benefits retroactively
to the date of release.
D. Authorized representatives:
(1) Designation: The head of the household or the spouse or
any other responsible member of the household may designate an individual who
is a non-household member to act on its behalf in:
(a) applying for SNAP benefits; or
(b) obtaining SNAP benefits; or
(c) using the SNAP benefits.
(i) ISD shall obtain a copy of the
household's written authorization for the authorized representative and
maintain it in the household's case record.
No limit shall be placed on the number of households an authorized representative
may represent; however, each household may only have one authorized
representative at a time.
(ii) Even
if the household member is able to make application and obtain benefits, the
household should be encouraged to name an authorized representative to use the
SNAP benefits in case illness or other circumstances prevent household members
from using the benefits themselves.
(iii) The
authorized representative's identity shall be verified and a copy of the
document maintained in the household's case file.
(2) Liability of households: The head of the household or spouse should
prepare or review the household's application whenever possible, even though
another household member or the authorized representative will actually be
interviewed. The household is liable for
any over-issuances resulting from incorrect or untrue information given by the
authorized representative.
(3) Application: When the head of the household or spouse
cannot apply, another adult member may do so, or an adult who is not a member
of the household may be designated as the authorized representative. Nonmember adults shall be designated as
authorized representatives for certification purposes only if they are:
(a) designated in writing by the head of the household, or
spouse, or another responsible member of the household; and
(b) sufficiently aware of relevant household circumstances to
represent it.
(4) Changing authorized representative: An authorized representative may be
designated at the time an application is completed; the authorized
representative shall be named on the identification (ID) card. This does not preclude the right of the
household to make a designation after it has made application to the
program. If a household develops a need
for a representative, or needs to change the authorized representative before,
during, or after the certification process, a new authorized representative may
be appointed and a new ID card shall be issued to the household. The authorized representative designated to
apply for the household may be the same individual who obtains or uses the
benefits for the household, or may be a different individual.
(5) Using SNAP benefits: The authorized representative may use the
SNAP benefits to purchase food for the household's consumption with the
household's full knowledge and consent, provided that the authorized
representative has the household's ID card.
(6) Kinds of authorized representatives:
(a) Emergency authorized representatives:
(i) An emergency authorized
representative is someone who obtains benefits for a particular month when the
household is unable to obtain the benefits because of unforeseen circumstances.
(ii) A
household may designate in writing, on a one-time basis, an emergency
authorized representative.
(iii) The
household member whose signature is on the household's ID card must sign a
designation authorizing the emergency authorized representative to obtain the
benefits.
(b) Non-household members: If the only adult living with a household is
classified as an excluded household member or nonmember, that individual may be
the authorized representative for the minor members who are eligible.
(c) Addiction treatment centers:
(i) Residents of public or private,
nonprofit drug or alcohol treatment centers must apply and be certified for
program participation through the use of an authorized representative who is an
employee of, and designated by, the organization or institution administering
the treatment and rehabilitation program.
(ii) The
drug or alcohol treatment center, which acts as authorized representative for
residents of the facility, must use SNAP benefits for food prepared by and
served to the center residents, and is responsible for complying with
requirements governing treatment centers.
(d) Group homes:
(i) A resident of a group living
arrangement may apply for SNAP benefits and be certified through use of an
authorized representative employed and designated by the group home; or on the resident’s own behalf; or through an authorized
representative of the applicant’s choice.
(ii) A
resident of a group home does not have to be certified through an authorized
representative or individually in order for one or the other method to be used.
(iii) The
facility is responsible for determining if any resident may apply for benefits
on the resident’s own behalf. The decision should be based on the
resident's physical and mental ability to handle his/her own affairs. The facility is also encouraged to consult
with any other agencies of the state providing other services to such a
resident prior to this determination.
(iv) Applications shall be accepted
for any individual applying as a one-person household, or for any grouping of
residents applying as a household.
(v) If
a resident applies through a facility's authorized representative, the
resident’s eligibility shall be determined as a one- person household.
(vi) If
a resident is certified on the resident’s own behalf,
the benefits may either be returned to the facility to be used to purchase food
for meals served either communally or individually to eligible residents; used
by eligible residents to purchase and prepare food for their own consumption;
and/or used to purchase meals prepared and served by the facility.
(7) Disqualification as authorized
representative:
(a) Any
authorized representative who misrepresents a household's circumstances and
knowingly provides false information pertaining to a household, or has made
improper use of SNAP benefits, shall be disqualified from participating as an
authorized representative for up to one year.
(b) ISD
shall be required to send written notification to the affected household(s) and
the authorized representative 30 days prior to the date of
disqualification. The notification must
specify the final action; the reason for the final action; the right to request
a fair hearing; the telephone number of the office; and, if possible, the name
of the person to contact for additional information.
(c) This
provision is not applicable to drug or alcoholic treatment centers and to those
group homes that act as authorized representatives for their residents.
(8) Restrictions: HSD employees involved in the certification
or issuance process, and retailers who are authorized to accept benefits,
cannot act as authorized representatives without the specific written approval
of the ISD county director, and then only if the county director determines
that no one else is available to serve as an authorized representative. Individuals disqualified for fraud cannot act
as authorized representatives during the period of disqualification, unless the
disqualified individual is the only adult member of the household able to act
on its behalf and only if the county director has determined that no one else
is available to serve as an authorized representative. The county director shall decide separately
whether such individuals are needed to apply on behalf of the household and use
the benefits to purchase food.
[02/01/95, 06/01/95; 8.139.110.9 NMAC - Rn, 8 NMAC 3.FSP.111, 05/15/2001; A, 02/14/2002; A, 07/15/2013; A, 03/01/2017]
8.139.110.10 SUBMISSION OF FORMS
A. Joint cash assistance (CA)/SNAP
applications:
(1) To
facilitate participation in SNAP, households in which all members are applying
for cash assistance (Title IV-A or GA) shall be allowed to apply for SNAP
benefits at the same time they apply for other assistance. However, SNAP eligibility and benefit amounts
shall be based solely on SNAP eligibility factors pending determination of cash
assistance eligibility. All households
shall be certified in accordance with the notice and procedural and timeliness
requirements of SNAP regulations. (See
Subsection B of 8.139.110.11 NMAC, combined CA/SNAP
interviews, for further information.)
(2) A
household shall be notified of the Privacy Act regarding application
information and shall be provided the following information:
(a) The
collection of information, including the social security number of each
household member, is authorized under the Food Stamp Act of 1977, as amended 7
U.S.C. 2011-2036.
(b) The
information shall be used to determine whether a household is eligible or
continues to be eligible to participate in the SNAP program.
(c) The
information shall be verified through computer matching programs.
(d) The
information shall be used to monitor compliance with program regulations and
for program management.
(e) The
information provided may be disclosed to other federal and state agencies for
official examination, and to law enforcement officials for the purpose of
apprehending persons fleeing from the law.
(f) If
a SNAP claim is filed against a household, the information on the application,
including all SSNs, may be referred to federal and state agencies, as well as
private claims collection agencies, for claims collection action.
(g) That
providing the requested information, including the SSN of each household
member, is voluntary, but that failure to provide required information shall
result in the denial of SNAP benefits to a household.
B. Items completed: SNAP
regulations require only that an application contain the name, address and
signature, or witnessed mark, of the applicant in order to be filed and
registered.
C. Who completes the application: The
application must be completed by a household member or designated authorized
representative. If an authorized
representative or adult member of the SNAP household completes the application
form, the applicant should still review the completed form, since the applicant
is liable for improper payments resulting from erroneous information given by
an authorized representative. If an
applicant needs help completing the form, ISD shall help the applicant complete
the form.
D. Signature:
(1) The
application must be signed by the applicant and the authorized representative,
if one is designated. A signature means
that the applicant is verifying the information provided by the household and
has read and agrees with all of the statements on the application or other form
requiring a signature.
(2) A
signature is the depiction of the individual’s name(s) that is, handwritten,
electronic or recorded telephonically.
Electronic and telephonically recorded signatures are valid only if
provided in a format or on a system approved by the department, which includes
verification of the identity of the person providing the signature.
(3) If
the applicant receives help completing the form, that person must also sign at
the bottom of the form.
(4) A
person who is unable to sign his own name may sign the application with a mark
and have it witnessed. A mark that is
not witnessed cannot be accepted as a valid signature. The witness shall be someone other than the
interviewer.
E. Filing the application:
(1) An
application can be filed in person, through an authorized representative, by
mail or by fax or other electronic transmission, including on-line electronic
transmission. An application submitted
electronically or by fax and containing a handwritten or electronic signature
shall be considered an acceptable application.
(2) An
application shall be filed at the ISD field office serving the community or
county where the applicant lives or through the YES-NM web portal. ISD shall provide households that complete an
on-line electronic application in person at the ISD office the opportunity to
review the information that has been recorded electronically and provide them
with a copy of that information for their records, upon request.
F. Registration of the
application: Applications submitted
to ISD with at least the applicant’s name, address and signature of the applicant,
spouse, other adult household member or authorized representative shall be
registered effective the date on which an application is received by ISD at the
field office or electronically 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. Regular business hours are Monday through
Friday from 8 a.m. to 4:30 p.m., excluding state holidays or other days/times
when the field office is officially closed.
Processing deadlines shall be calculated based on the application date.
G. Incomplete applications:
Applications that do not contain, at a minimum, the applicant's name,
address, and signature, or witnessed mark, are incomplete and cannot be
registered. Prompt action shall be taken
to return the application form for completion of the minimum required
entries. Other missing information does
not constitute an incomplete application for purposes of registering the
application.
H. Computer inquiries: Computer
inquiries shall be completed prior to certification and, where feasible, prior
to the interview in order to prevent dual participation and to reveal
undetected income and resources. These
inquiries include scans for wage and unemployment benefits, SSI benefits, and
licensed vehicle ownership, as well as for other available information and
appropriate IEVS data.
I. Action on discrepancies:
(1) If
computer interfaces show a household member is currently participating in
another household or receiving benefits from the food distribution on Indian
reservations program (FDPIR), ISD shall discuss the situation with the
applicant. The household can be
certified only after the other project area has been informed of the situation
and the case has been adjusted or transferred whichever is appropriate. If an inquiry shows that the case is on file
in another project area, residence shall be established. The application shall be forwarded to the
project area in which the applicant household has established residency.
(2) Available information: The household shall be given an opportunity
to verify information from another source if information is contradictory to
that already provided or is questionable.
A decision on eligibility and benefit amount shall not be delayed beyond
normal application processing standards if other sources of data are
unavailable. The final decision to
approve or deny shall be based on the available information.
[02/01/95, 06/01/95, 07/01/97, 06/01/99; 8.139.110.10 NMAC - Rn, 8 NMAC 3.FSP.112, 05/01/2001; A, 02/14/2002; A, 07/15/2013; A, 03/01/2017]
8.139.110.11 INTERVIEWS
A. Purpose and scope of interview: The
interview is an official and confidential discussion of household circumstances
with the applicant. It is intended to
provide the applicant with program information, and the worker with the facts
needed to make a reasonable eligibility determination. The interview is not simply to review the
information on the application, but also to explore and clarify any unclear and
incomplete information. The scope of the
interview shall not extend beyond examination of the applicant's circumstances
that directly relate to determining eligibility and benefit amounts. The interview shall be held prior to disposition
of the application.
B. Joint cash assistance/SNAP
interview: At initial application for cash assistance
(CA), a single interview shall be conducted concurrently for both cash
assistance and SNAP benefits if the client wishes to apply for both programs. Federal SNAP regulations specifically provide
that applicants for both programs shall not be required to see a different ISD
worker or be otherwise subjected to two interviews in order to obtain the
benefits of both programs. Following the
single interview, the application may be processed by separate workers to
determine eligibility for SNAP benefits and cash assistance. In an expedited SNAP certification situation,
a second interview is permitted if an immediate interview for cash assistance
cannot be arranged.
C. Individuals interviewed:
Applicants, including those who submit applications by mail, shall be
interviewed in person at the local ISD office.
When circumstances warrant, the household shall be interviewed by
telephone, or at another place reasonably accessible and agreeable to both the
applicant and ISD. The applicant may
bring any person he chooses to the interview.
D. Out of office interviews:
(1) A
SNAP applicant shall not be required to have an initial office interview if the
applicant is unable to appoint an authorized representative and the household
has no member(s) able to come to ISD because the member(s) is elderly or
disabled, as defined.
(2) The initial office interview can also
be waived if requested by any household that is unable to appoint an authorized
representative who is willing and able to perform this function, and who lives
in a location not served by a certification office.
(3) Hardship conditions: The office interview for SNAP households
shall be waived when the applicant meets one of the following conditions:
(a) older than the age of 60;
(b) disabled;
(c) employed 20 or more hours per week;
(d) has a dependent child younger than
the age of six;
(e) has transportation difficulties;
(f) illness;
(g) care of a household member;
(h) resides in a rural area;
(i) prolonged severe weather;
(j) other hardship identified as situations warrant; as
authorized by the county director.
(4) A
face-to-face interview must be granted to any recipient who requests one.
E. Face-to-face/telephone interviews: A
household must have a face-to-face interview at initial certification and at
least once every 12 months thereafter.
(1) A
household certified for longer than 12 months is excluded.
(2) At
recertification, a household is considered to have met the face-to-face
requirement when alternative recertification interviews are conducted by
telephone.
(3) No
household shall have the face-to-face interview waived for two consecutive recertifications.
(4) The
requirement for a face-to-face interview may be waived on a case-by-case basis
because of household hardship conditions.
F. Applicant information: During
the application interview all reasonable steps shall be taken to make the
applicant feel at ease and protect the applicant’s right to privacy.
(1) All
applicants shall be provided with the following information at initial
certification and recertification:
(a) ISD's
nondiscrimination policy and procedures;
(b) complaint and
fair hearing procedures and clients' rights;
(c) program
procedures, including the use of IEVS, SDX, BENDEX information, and CSED and
MVD interfaces;
(d) application
processing standards, including time limits;
(e) procedures in
cases of over-issuance or under-issuance;
(f) requirement for cooperation with quality control reviewers
(QC), including penalties for non-cooperation;
(g) work requirements and penalties for non-cooperation,
including voluntary quit and associated penalties;
(h) responsibility to contact the local ISD office to reschedule
missed appointments; and
(i) exemption
from gross receipts tax collection by the retailer on eligible food purchased
with SNAP benefits.
(j) For
households applying for cash assistance programs and SNAP, ISD must explain
that limits and other requirements that apply to the receipt of cash benefits
do not apply to the receipt of SNAP benefits.
(k) ISD
has a responsibility to help applicants obtain verification if the applicant
indicates that the verification may be difficult for the applicant to obtain
and offer to assist with obtaining verification if it appears the household
will not be able to obtain it.
(l) ISD
will provide an explanation of information that still needs to be verified and
how to verify in accordance with 8.100.130.9 NMAC and 8.100.130.10 NMAC.
(m) Review
all information that ISD has on file and will not require further verification
of eligibility factors already established that are not subject to change.
(n) ISD
will review all household information received from data scans with the
household during the interview and will not require further verification unless
it is questionable or outdated.
(o) Simplified
reporting requirements for those households assigned to simplified reporting
including the following:
(i) a written
and oral explanation of how simplified reporting works as defined at
8.139.120.9 NMAC; and
(ii) a written and oral explanation of the reporting requirements
which includes: what needs to be reported and verified; when the report is due;
how to obtain assistance; and the consequences of failing to file a
report. Simplified reporting
requirements are found at 8.139.120.9 NMAC.
(2) Fair hearing information:
(a) Notification of right to request hearing: At the time of application each household
shall be informed in writing of its right to a hearing, of the method by which
a hearing may be requested, and that its case may be presented by a household
member or representative, such as a legal counsel, relative, friend or other
individual.
(b) Periodic notification: At any time a household informs the local
office that it disagrees with an HSD action, the household shall be reminded of
the right to request a fair hearing.
(c) Forwarding hearing request: A request for a hearing made either orally or
in writing by a household or representative shall be forwarded to the fair
hearings bureau. If it is unclear from a
request what action a household or representative wishes to appeal, a clarification
may be requested by HSD. The freedom to
make a request for a hearing shall not be limited or interfered with in any
way.
(d) Providing a hearing: The fair hearing process shall be available
to any household which feels an action taken by HSD is incorrect, and which
affects participation of the household in the SNAP.
(e) Other representation: If there is an individual or organization
available that provides free legal representation, the household shall be
informed of the availability of that source.
(3) Agency conference information: A household shall be informed of the
availability of an agency conference to resolve a dispute. HSD shall schedule an agency conference for a
household when a dispute arises.
(a) Denial of expedited service: An agency conference shall be offered to a
household which wishes to contest a denial of expedited service. An agency conference for such a household shall
be scheduled within two working days, unless the household requests that it be
scheduled later or states that it does not wish to have an agency conference.
(b) Adverse actions: ISD may also offer an agency conference to a
household adversely affected by an ISD action.
(c) Use of agency conference: ISD shall inform a household that use of an
agency conference is optional and that it shall in no way delay or replace the
fair hearing process.
G. Scheduling interviews: ISD will
schedule an interview to be held within 10 working days of the date the
application was received that is, to the extent possible, convenient for both
the applicant and ISD. The application
received date is the first day the application is received within regular
business hours. ISD will provide the
applicant with a written appointment letter that will include: the date, time
and place of the appointment, the name and telephone number of the local county
office, the consequences of missing an appointment, how to reschedule an
appointment, the possibility of a telephone interview, and that the spouse, any
other responsible person in the household, or an authorized representative may
attend the interview with the applicant or in the applicant's place.
H. Missed interviews: ISD shall
notify a household that it missed its first interview appointment and that the
household is responsible for rescheduling a missed interview. ISD shall send the household a notice of
missed interview that may be combined with the notice of denial. If a household misses its scheduled interview
and requests another interview, the ISD shall schedule a second interview. The household is responsible for rescheduling
a missed interview. If the household
requests a second interview ISD within the 30-day application-processing
period, ISD shall schedule a second interview.
When the applicant contacts the local ISD office, either orally or in
writing, ISD shall reschedule the interview as soon as possible within the
30-day processing period, without requiring the applicant to provide good cause
for failing to appear. If the household
is determined eligible, benefits will be pro-rated from the date of
application. If the applicant does not
contact the office or does not appear for the rescheduled interview, the
application shall be denied on the 30th day (or the next work day) after the
application was filed (see Section 8.139.110.12 NMAC).
[02/01/95, 06/01/95, 10/01/95, 06/01/99; 8.139.110.11 NMAC - Rn, 8 NMAC
3.FSP.113, 05/01/2001; A, 02/14/2002; A, 01/01/2004; A, 08/01/2008; A,
03/01/2017; A, 09/01/2017]
8.139.110.12 PROCESSING APPLICATIONS:
A. HSD is responsible for timely and accurate issuance of benefits to
eligible households. All applications
for assistance will be processed as soon as possible. Applicants who complete
the application process will have their eligibility determined and be given an
opportunity to participate within the time limits mandated for expedited or
normal application processing. ISD will
explain the time limits to the applicant and inform them of the date by which
the application will be processed. With
the exception of those manual provisions that specify "working days,"
time limits begin on the first calendar day following the action that triggered
the time limit.
B. Household cooperation: To
determine eligibility an application form must be completed and signed, a
household or its authorized representative interviewed, and certain information
on the application verified.
(1) At application: If a household refuses to cooperate in
completing the process, the application will be denied at the time of
refusal. For a determination of refusal
to be made, a household must be able to cooperate, but clearly demonstrates
that it will not take action that it can take and that is required to complete
the application process. If there is any
question that a household has failed to cooperate as opposed to refused to
cooperate, it will not be denied. Once
denied for refusal to cooperate, a household may reapply but will not be determined
eligible until it cooperates with ISD.
(2) Subsequent reviews: A household will be determined ineligible if
it refuses to cooperate in a subsequent review of eligibility. Such reviews include those because of
reported changes and at application for recertification. Once terminated for refusal to cooperate, a
household may reapply, but will not be determined eligible until it cooperates
with ISD.
(3) Outside sources: A household will not be determined ineligible
when an individual outside the household fails to cooperate with a request for
verification. Individuals identified as
ineligible household members in 8.139.400.12 NMAC will not be considered as
individuals outside the household.
(4) Cooperation with quality control (QC): A household will be determined ineligible if
it fails or refuses to cooperate in a QC review of eligibility and benefit
amount.
(a) Period of ineligibility:
(i) A household that refuses to
cooperate with a state QC review will be determined ineligible effective the
month following the month the adverse action notice time limit expires. Ineligibility will continue until 95 days
from the end of the annual QC review period (January 5) during which
non-cooperation is found. The annual QC
review period begins October 1 and ends September 30.
(ii) A
household that refuses to cooperate with a federal QC review will be ineligible
effective the month following the month the adverse action notice time limit
expires. Ineligibility will continue
until seven months from the end of the annual review period (May 1) during
which non-cooperation is found. The
annual QC review period begins October 1 and ends September 30.
(b) Re-establishing eligibility:
(i) A household may reapply during the
period of ineligibility, but will not be determined eligible until it
cooperates with the QC review, and is otherwise eligible.
(ii) A
household which reapplies at the end of the period of ineligibility will not be
determined ineligible because of its failure or refusal to cooperate with a
state or federal QC review. The
household must provide verification necessary to determine eligibility at
reapplication in accordance with Subsection H of 8.139.110.11 NMAC.
C. Verification standards: Verification is use of third-party
information or documentation to establish the accuracy of statements on the
application, or information provided by the applicant or recipient.
(1) Initial certification: Verification is mandatory for the following
information prior to initial certification for both new and reopened cases.
(a) Financial
information:
(i) gross
nonexempt income, and
(ii) resources.
(b) Any
of the following if the expense would result in a deduction:
(i) utility
expenses;
(ii) continuing shelter expenses;
(iii) dependent care expenses;
(iv) deductible medical expenses including the amount of
reimbursements;
(v) legally obligated child support expenses, and amount
actually paid;
(vi) if any of the above expenses will not result in a deduction,
verification shall not be required (for example, less than $35 in medical
expenses, or shelter expenses that do not exceed fifty percent of income after
all other deductions).
(c) Nonfinancial
information:
(i) residence;
(ii) citizenship, if questionable, and alien status of household
members who are individually applying for benefits only;
(iii) identity of the applicant and authorized representative, if
designated;
(iv) household size and composition;
(v) disability, if necessary;
(vi) social
security numbers, except that eligibility or issuance of benefits shall not be
delayed solely to verify the social security number of a household member, and
(vii) any questionable information that must be verified to
determine eligibility.
(2) Verification subsequent to initial
certification: Verification of the
following is mandatory in accordance with the individual’s reporting
requirements found at 8.139.120.9 through 12 NMAC:
(a) a change in income if the source has changed or the amount
has changed by more than $50;
(b) a change in utility expenses if the source has changed;
(c) previously unreported medical expenses, and total recurring
medical expenses which have changed by more than $25;
(d) new social security numbers, for individuals who are
applying for benefits, that shall be verified as detailed in 8.139.410.8 NMAC;
(e) any other information which has changed or is questionable;
(f) unchanged information shall not be re-verified unless it is
incomplete, inaccurate, inconsistent, or outdated.
(g) satisfactory compliance with time limits for individuals
subject to the time limit in accordance with 8.139.410.14 NMAC.
(3) Providing verification:
(a) If
electronic verification is not available, the household has primary
responsibility for providing documentary evidence to support statements on the
application and to resolve any questionable information.
(b) ISD
shall assist a household in obtaining verification, provided the household is
cooperating in the application process.
(c) A
household or their authorized representative may supply documentary evidence in
person, by mail, fax, electronic device or through the
YES NM web portal.
(d) A
household shall not be required to supply verification in person at the ISD
office or to schedule an appointment to provide such verification.
(e) ISD
shall accept any reasonable documentary evidence provided by the household and
must be primarily concerned with how adequately the verification proves the
statements on the application.
(4) Documentation: A case file shall be documented to support
eligibility, ineligibility, and benefit amount determination. Documentation shall be in sufficient detail
to permit a reviewer to determine the reasonableness and accuracy of the
determination.
[02/01/95, 06/01/95, 06/15/96; 8.139.110.12 NMAC - Rn, 8 NMAC 3.FSP.114,
05/15/2001; A, 03/01/2017]
8.139.110.13 TIME LIMITS:
A. Opportunity to participate: ISD shall
provide eligible households that complete the initial application process an
opportunity to participate as soon as possible, but no later than 30 calendar
days following the date the application was filed, except for residents of
public institutions who apply jointly for SSI and SNAP benefits prior to
release from the institution in accordance with Paragraph (2) of Subsection C
of 8.139.110.9 NMAC. Residents of
institutions who apply for SNAP benefits prior to their release from the
institution will be provided the opportunity to participate as soon as possible
but no later than 30 calendar days from the date of the applicant's release
from the institution.
B. Move during eligibility
determination: When an office that is processing an
application for assistance learns that the applicant has moved to another
county, that office will immediately transfer the case in pending status. The application will be processed by the new
office using the original registration date from the first office.
C. Withdrawing the application: An
applicant may voluntarily withdraw their application at any time prior to the
determination of eligibility. A notice
will be sent advising the household of the action taken. An applicant will be advised that withdrawal
of his/her application has no effect on his/her right to apply for assistance
in the future. The agency will document
the reason for withdrawal, if any was given.
D. Delayed eligibility determinations:
(1) Establishing cause for delay: When an application for SNAP is not processed
by the end of the 30 day time limit, a determination as to whether the delay is
the fault of the applicant or ISD will be made.
(2) Applicant delays: A delay is the fault of the applicant if they
have failed to complete the application process. ISD will send the household a delay notice on
the 30th day in accordance with 7 CFR 273.2(h), after the application is filed
when the interview has not been held by the 30th day and the appointment has
been rescheduled beyond the 30th day.
The notice will inform the applicant that all changes in circumstances
since the application was filed must be reported. ISD must have taken the following actions, as
appropriate, before the delay can be considered the fault of the household:
(a) For
applicants who have failed to complete the application form, ISD must have
offered, or attempted to offer, assistance in its completion.
(b) For
applicants who have failed to provide complete verification, ISD must have
provided the household with a statement of required verification, offered
assistance as required, and allowed the household sufficient time to provide
the missing verification. Sufficient
time is at least 10 days from the date of ISD’s initial request for the
particular verification that is missing.
(c) For
applicants who have failed to appear for an interview ISD must notify the
applicant that it missed the scheduled interview and that the applicant is
responsible for rescheduling a missed interview. If the applicant contacts ISD by the 30th day
following the date of application, ISD must schedule a second interview. If the applicant fails to schedule a second
interview or the subsequent interview is postponed at the applicant’s request
or cannot otherwise be rescheduled until after the 20th day but before the 30th
day following the date the application was filed, the applicant must appear for
the interview, bring verification, and register household members for work by
the 30th day following date of application.
Otherwise, the delay is the fault of the applicant.
(d) If the applicant has failed to appear for the first interview, fails to schedule a second interview, or the subsequent interview is postponed at the applicant’s request until after the 30th day following the date the application is filed, the delay shall be the fault of the applicant. If the applicant has missed both scheduled interviews and requests another interview, any delay shall be the fault of the applicant.
(e) If one or more
members of the household have failed to register for work in accordance with 7
CFR 273.7, ISD must have informed the household of the need to register for
work, determined if the household members are exempt from work registration,
and given the household at least 10 days from the date of notification to
register these members.
(3) Denial of the household application: Applicants that are found to be ineligible
shall be sent a denial notice as soon as possible but not later than 30 days
following the date the application was filed.
If the applicant has failed to appear for a scheduled interview and has
made no subsequent contact with ISD, ISD shall send a denial notice on the 30th
day following the date of application.
The applicant must file a new application if they wish to participate in
the program. In cases where ISD was able
to conduct an interview and request all the necessary verification on the same
day the application was filed, and no subsequent requests for verification were
made, ISD may also deny the application on the 30th day, if ISD provided
assistance to the applicant in obtaining verification, but the applicant failed
to provide the requested verification.
(4) ISD delays: Delays that are the fault of ISD include, but
are not limited to, cases where ISD fails to provide the required assistance,
fails to observe time limits, fails to schedule timely interviews, or fails to
provide other proper procedural help to the applicant. ISD is at fault when the applicant has met
his obligations in a timely manner, but ISD fails to complete the application
process in a timely manner.
(a) Action on ISD delays: If the delay in the initial 30-day period is
caused by ISD, ISD will take immediate corrective action and the application
will not be denied. The applicant will
be notified that the application is pending and informed of any action to take
to complete the application process, including reporting any changed
circumstances since the application was filed.
ISD will send the applicant a notice of delay in accordance with 7 CFR
273.2(h).
(b) Retroactive benefit rights: If the applicant is found to be eligible
during the second 30-day period, the household is entitled to benefits
retroactive to the date of application.
(c) Denial of an application: If the household is determined ineligible,
the application will be denied and a notice sent no later than the 60th day
after the application was filed, or the following work day if the 60th day
falls on a weekend or holiday.
(5) ISD
action on applicant delays:
(a) If by the 30th day ISD cannot take any further action on the application
due to the fault of the applicant, the applicant shall lose its entitlement to
benefits for the month of application and a denial notice will be sent.
(b) ISD
shall give the applicant an additional 30 days to take the required
action. If the applicant takes the
required action within 60 days following the date the application was filed,
ISD shall reopen the case without requiring a new application.
(c) If
the applicant fails to provide requested verification by the 60th day, no
further action is required by ISD.
(d) If
the applicant was at fault for the delay in the first 30 day period, but is
found to be eligible during the second 30 day period, benefits shall be
provided only from the month following the month of application.
(6) Delays beyond 60 days:
(a) ISD delays:
(i) If ISD is at fault for not
completing the application process by the end of the second 30-day period, and
the record is otherwise complete, the application process will be continued
until an eligibility determination is accomplished.
(ii) If
the household is determined eligible, and ISD was at fault for the delay in the
initial 30 days, the household shall receive SNAP benefits retroactive to the
date of original application, but only for those months that it is determined
eligible.
(iii) If
ISD is at fault for not completing the application process by the end of the
second 30-day period, but the case record is not complete enough to reach an
eligibility determination, the application will be denied and the household
advised to file a new application. The
household shall be advised of possible entitlement to lost benefits caused by
an ISD delay.
(iv) If ISD was at fault for the
delay in the initial 30-day period, the amount of lost benefits will be
calculated from the date of application.
(b) Household delays:
(i) If the household is at fault for not
completing the application process by the end of the second 30-day period, the
application will be denied and the household will be required to file a new
application, if it still wishes to participate in the program. The household shall not be entitled to any
lost benefits even if the delay in the initial 30 days was the fault of ISD.
(ii) If
the initial delay was the household's fault, the household will receive SNAP
benefits retroactive only to the month following the month of application.
[2/1/1995, 6/1/1995; 8.139.110.13 NMAC - Rn, 8 NMAC 3.FSP.115, 5/15/2001;
A, 3/1/2017; A, 12/1/2018]
8.139.110.14 DISPOSITION OF APPLICATION/NOTICES:
A. Approval of SNAP:
Notification of the final eligibility determination will be mailed via
US postal service and or through approved electronic methods to the applicant
in time to be received not later than the last day of the time limit that is,
mailed by the 28th day after the date of application to be received by the 30th
day.
B. Contents of the notice: The
notice of approval provides the household with written notice, sent by mail or
electronically, of the amount of the benefits and the beginning and ending
dates of the certification period. If the
initial benefit amount is prorated or contains benefit amounts for both the
month of application and the current month, the notice will explain that the
initial month's SNAP benefit amount differs from the benefit amount for the
remainder of the certification period.
The notice also states that if households that have applied jointly for
financial assistance and SNAP begin to receive a financial assistance check,
their SNAP benefit amount will be reduced or terminated without advance
notice. The notice will contain a
telephone number for the customer service call center which will accept calls
throughout working hours.
C. Denial of SNAP: If the
application is denied, a written or electronic notice will be sent to the
applicant explaining the basis for the denial, the right to request a fair
hearing, and the telephone number of the ISD office where the household can get
information concerning an individual or organization that provides legal
representation. Households determined to
be ineligible will be sent a denial notice as soon as possible, but not later
than 30 days following the date the application was filed. The household must file a new application if
it wishes to have eligibility re-determined, subsequent to the initial denial.
[2/1/1995, 6/1/1995; 8.139.110.14 NMAC - Rn, 8 NMAC 3.FSP.116, 5/15/2001; A, 7/15/2013; A, 3/1/2017; A, 12/1/2018]
8.139.110.15 DESIGNATING THE HEAD OF HOUSEHOLD: A household has the right to select its head of household at each certification action or whenever there is a change in household composition reported in accordance with change reporting requirements.
A. No special requirements: The head of household designation will not be used to impose special requirements on the household, such as requiring the head of household, rather than another responsible member, to appear at the certification office to apply for benefits.
B. Households with children:
(1) When designating the head of household, the household is allowed to select:
(a) an adult parent of children (of any age) living in the household; or
(b) an adult with parental control over children (under age 18) living in the household.
(2) All the adult household members must agree to the selection.
(3) A household with children which fails to select an adult parent of children (of any age) or an adult with parental control over children (under age 18) as the head of household loses the right to this designation option. In such a case, the household member with the most income will be the principal wage earner and will be treated as the head of household.
(4) If all adult household members cannot agree to the selection of, or decline to select, an adult parent of children (of any age) or an adult with parental control over children (under age 18) as the head of household, ISD will permit the household to make another selection, or ISD will designate the head of household.
(5) No person of any age living with a parent or person fulfilling the role of a parent who is:
(a) registered for work; or
(b) exempt from work registration requirements because such parent or person fulfilling the role of a parent is subject to and participating in any work requirement under Title IV of the Social Security Act; or
(c) in receipt of unemployment compensation (or has registered for work as part of the application for or receipt of unemployment compensation); or
(d) is employed or self-employed and working a minimum of 30 hours weekly or receiving weekly earnings equal to the federal minimum wage multiplied by 30 hours; will be considered the head of household unless the person is an adult parent of children (of any age) and the household elects to designate the adult parent as its head of household.
C. Denial of benefits, delay of certification prohibited: In no event will a denial of benefits or delay of certification action result if an otherwise eligible household fails to select an adult parent of children (of any age) or an adult with parental control over children (under age 18) as its head of household.
D. Households with no adult parent or adult with parental control: If a household does not have an adult parent of children (of any age) or an adult with parental control over children (under age 18) living in the household, the household may designate another member as the head of household or ISD will do so.
E. Designation of head of household by ISD: ISD can designate the head of household only if:
(1) all the adult household members have not agreed to a selection; or
(2) the household declines to select an adult parent or adult with parental control as the head of household and declines to make another selection.
[2/1/1995, 6/1/1995; 8.139.110.15 NMAC - Rn, 8 NMAC 3.FSP.118, 5/15/2001; A, 12/1/2018]
8.139.110.16 EXPEDITED SNAP SERVICE:
A. Identifying eligible households:
Households meeting the federal requirements of income and resources may
be entitled to receive SNAP benefits within seven days after an application is
received by ISD, in accordance with 7 C.F.R 273.2(i). Applications will be screened to identify
eligible households at the time the household requests assistance.
(1) Entitlement to expedited service: The following households will be expedited,
provided that they are otherwise SNAP eligible:
(a) households
with less than $150 in gross monthly income, and with liquid resources (i.e.,
cash on hand, checking or savings accounts, savings certificates, lump sum
payments, and the like) not exceeding $100;
(b) households
with combined gross monthly income and liquid resources less than the
household's monthly rent, or mortgage, and utilities. The mandatory SUA may be used in making this
determination, provided that the household qualifies for the SUA; or
(c) migrant or seasonal farm worker households with $100 or less
in liquid resources and determined to be destitute as defined by the special
income calculations in 8.139.400.14 NMAC, migrant and seasonal farm workers.
(2) Verification requirements: All households entitled to expedited service
must verify identity through readily available documentation or through a
collateral contact. All other
eligibility factors may be postponed.
Reasonable efforts must be made by ISD to verify residence, income,
liquid resources, and all other eligibility factors. Benefits will not be delayed because of an
inability to verify such factors or any questionable information but for
identity.
(3) SSNs and work registration: Applicant households are specifically
permitted to receive their first expedited SNAP benefit amount before providing
social security numbers (SSN) or applying for them. Such households are required to do so before
their next benefit issuance, but will remain eligible for participation as long
as good cause exists. Unless exempt, the
household's work registration status will be established at the time of
certification for expedited service. If
an individual's work registration exemption status is in question, benefits
will not be delayed solely to verify the exemption.
B. Time limits:
(1) Expedited time limits: All households entitled to expedited service
will receive their benefits no later than the seventh calendar day after the
date the application is received by ISD.
(2) Out-of-office interview: If a household is entitled to expedited
service and waiver of the office interview, the interview will be conducted and
the eligibility determination completed within the expedited service time
limits, unless the household cannot be reached.
The first day of this count is the first calendar day after the
application is filed. If a telephone
interview is conducted and the application must be mailed to the household for
signature, the mailing time involved will not be calculated in the expedited
service time limits.
(3) Late identification: If screening fails to identify a household as
being entitled to expedited service and it is subsequently determined that the
household was so entitled, the household's application will be processed
immediately; the time limits in such instances are calculated from the date
that it is discovered that the household was entitled to expedited service.
(4) Certification periods: Households entitled to expedited service
which provide all necessary verification prior to certification may be assigned
a certification period in accordance with 8.139.120.9 NMAC. Households whose
verification requirements are outstanding due to an inability to verify via
electronic means and the household not providing necessary documentation, will
be certified for the month of application, and the following month, or for
households whose circumstances warrant, an assigned certification period in
accordance with 8.139.120.9 NMAC. When a
certification period of more than one month is assigned, the written
notification to the household will state that no further benefits will be
issued until the verification requirement is completed. The notice also advises that if verification
results in changes in eligibility or SNAP benefit amount, ISD will act on these
changes without advance notice of adverse action.
(5) Continuation of benefits: Households providing verification by the 30th
day after the application date will have their benefits continued. The second month’s benefits will be issued
within five working days from the date verification is received, or the first
day of the second month, whichever is later.
(6) Termination of benefits: Except for migrant farm workers needing
out-of-state verification, when the verification requirement is not completed
within 30 days of the date of application, the household's participation in the
program will be terminated and no further benefits issued.
(7) Denial of expedited service: Households determined ineligible for
expedited service will have their applications processed according to normal
standards. A household wishing to
contest a denial of expedited service will be offered an agency conference to
discuss the denial. The conference will
be scheduled within two working days of the request for a conference, unless
the household requests a later date or states that it no longer wishes to have
an agency conference.
C. Number of expedited issuances:
(1) Limits:
There is no limit to the number of times a household can be certified
under expedited procedures, as long as prior to each expedited certification
the household either has completed the verification requirements outstanding
from the last expedited certification or has been certified under normal
processing standards since the last expedited certification.
(2) At every application: Expedited services will be available at
initial application based on the circumstances existing in the month of
application. If a participating
household applies for recertification before the end of its current certification
period, the expedited service provision will not be applied.
[2/1/1995, 6/1/1995, 1/1/1997, 7/1/1998, 8/1/1999; 8.139.110.16 NMAC - Rn, 8 NMAC 3.FSP.119, 5/15/2001; A, 7/15/2013; A, 3/1/2017; A, 12/1/2018]
HISTORY OF 8.139.110 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives:
ISD 411.0000, General Terms and Conditions, 7-21-80.
ISD-Rule 411.0000, Food Assistance - Time Limits for Processing Applications, 11-4-82.
ISD 421.0000, Application Processing, 7-31-80.
ISD-Rule 410.0000, Food Assistance - Application Processing, 11-4-82.
ISD-Rule 412.0000, Food Assistance - Filing an Application, 11-4-82.
ISD-Rule 412.0000, Food Assistance - Filing an Application, 9-8-83.
ISD 413.0000, Operating Guidelines, 7-21-80.
ISD-Rule 413.0000, Food Assistance - Handling Applications, 11-4-82.
ISD-Rule 413.0000, Food Assistance - Handling Applications, 9-8-83.
ISD-Rule 413.0000, Food Assistance - Handling Applications, 1-12-84.
ISD-Rule 414.0000, Food Assistance - Interviews, 11-4-82.
ISD-Rule 414.0000, Food Assistance - Interviews, 9-8-83.
ISD-Rule 414.0000, Food Assistance - Interviews, 4-24-84.
ISD-Rule 416.0000, Food Assistance - Handling Applications for FA, GA, and SSI Households, 11-4-82.
ISD Rule 416.0000, Food Assistance - Handling Applications for AFDC, SSI, and GA Households, 3-2-87.
ISD-Rule 438.0000, Food Assistance - Actions Due to Delayed Eligibility Determinations, 11-4-82.
ISD-Rule 452.0000, Food Assistance - SSI Households/Joint Processing, 11-5-82.
ISD-Rule 452.0000, SSI Households/Joint Processing, 10-13-83.
ISD-Rule 452.0000, SSI Households/Joint Processing, 4-24-84.
ISD FS 210, Food Stamp Application Process, 6-2-89.
ISD-Rule 417.0000, Food Assistance - Expedited Service Provisions, 11-4-82.
ISD-Rule 417.0000, Food Assistance - Expedited Service Provisions, 2-9-83.
ISD-Rule 417.0000, Food Assistance - Expedited Service Provisions, 5-18-83.
ISD FS 220, Expedited Food Stamp Service, 2-29-88.
History of Repealed
Material: [RESERVED]