51,436 sections across 3,184 New Mexico regulatory chapters.
R.8.102.420-8.102.420.11 NMW/ TANF LIMITED WORK PARTICIPATION STATUS DETERMINATION PROCESS
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A. Eligibility: To be eligible for a limited work participation status, a participant must meet at least one of the criteria below as verified by the HCA: (1) Who is age 60 or older. (2) A single parent, not living with the other parent of a child in the home, or caretaker relati…
R.8.102.420-8.102.420.12 ASSESS CAPACITY FOR WORK
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A. General: A medical or mental health condition that precludes a participant's capacity to fulfill the standard work participation rate or capacity to work shall be determined by evaluating the extent of the impairment and other work-related factors. A participant is eligible fo…
R.8.102.420-8.102.420.13 RESERVED
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R.8.102.420-8.102.420.14 CHILD SUPPORT
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A. Assignment: By state statute, Subsection F of Section 27-2-28 NMSA 1978, any participant who signs an application automatically assigns the participant's child support rights to the HCA. The assignment shall be made with respect to the child for whom NMW is provided and shall …
R.8.102.420-8.102.420.15 RESERVED
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R.8.102.420-8.102.420.16 SSI STATUS
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Any individual who is potentially eligible for SSI on the basis of either age or disability must apply for and accept SSI. An individual receiving SSI, or who would be receiving SSI except for recovery of an overpayment, is not eligible to be included in an NMW, or an EWP benefit…
R.8.102.420-8.102.420.17 RESERVED
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R.8.102.420-8.102.420.2 SCOPE
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The rule applies to the general public.
R.8.102.420-8.102.420.3 STATUTORY AUTHORITY
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A. Articles 1 and 2 of Chapter 27 NMSA 1978 authorize the state to administer the aid to families with dependent children (AFDC), general assistance (GA), shelter care supplement, the burial assistance programs and such other public welfare functions as may be assumed by the stat…
R.8.102.420-8.102.420.4 DURATION
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Permanent.
R.8.102.420-8.102.420.5 EFFECTIVE DATE
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July 1, 2024, unless a later date is cited at the end of a section.
R.8.102.420-8.102.420.6 OBJECTIVE
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A. The purpose of the New Mexico works (NMW) program is to improve the quality of life for parents and children by increasing family income, resources and support. The further purpose of the program is to increase family income through family employment and child support and by u…
R.8.102.420-8.102.420.7 DEFINITIONS [RESERVED]
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R.8.102.420-8.102.420.8 AGE - NMW
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To be eligible for inclusion in the benefit group, a dependent child is a natural child, adopted child or stepchild or ward who is: A. 17 years of age or younger; B. 18 years of age and is enrolled in high school; or C. between 18 and 22 years of age and is receiving special educ…
R.8.102.420-8.102.420.9 SCHOOL ATTENDANCE
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A. Requirement: A child of school age, as defined by PED, must attend school and have satisfactory attendance to meet the personal responsibility requirements of the parent, specified relative, or caretaker. B. Student status: (1) A dependent child of school age must be a full-ti…
R.8.102.460-8.102.460.1 ISSUING AGENCY
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New Mexico Health Care Authority
R.8.102.460-8.102.460.10 ORIENTATION
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A. General: (1) Participants of NMW shall be provided a work program orientation, which explains the work program and its objectives to the participant. (2) Participants shall be given information concerning their rights, supportive services provided during participation, and tra…
R.8.102.460-8.102.460.11 ASSESSMENT
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A. Requirements: No later than 15 calendar days after an application is approved, participants shall have an assessment done by the NMW service provider of their education, skills, prior work experience, barriers, and employability. The assessment is a necessary pre-cursor to the…
R.8.102.460-8.102.460.12 INDIVIDUAL RESPONSIBILITY PLAN (IRP)
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A. Requirement: All participants are required to develop an IRP with the assistance of the NMW service provider no later than 15 days from the date of approval of assistance. B. General purpose: The IRP is:(1) a personal planning tool, intended to assist the participant in long-t…
R.8.102.460-8.102.460.13 WORK PARTICIPATION AGREEMENT (WPA)
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A. General: The purpose of the WPA is to assure the participant and the department that the work activities in which the participant is engaged meet the standard or limited work requirement hours and the participant is referred to receive all available support services. B. Conten…
R.8.102.460-8.102.460.14 NMW STANDARD WORK PARTICIPATION HOURS
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The following work participation requirement hours apply to all participants unless the participant is granted limited work participation status. A. General: Participation activities may be met through those activities listed in 8.102.461 NMAC.(1) A parent subject to participatio…
R.8.102.460-8.102.460.15 LIMITED WORK PARTICIPATION STATUS
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A participant may request a limited work participation status reducing their individual standard work participation to no less than one hour per week, as determined by the department at 8.102.420 NMAC. Individuals who demonstrate extraordinary circumstances may be granted a zero …
R.8.102.460-8.102.460.16 CALCULATING HOURS
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A. Total monthly hours are calculated by a weekly average of core and non-core hours. B. Time spent traveling to and from the work-site, location where child care is provided, or both, do not count as hours of participation. C. For paid work activities:(1) paid leave and holiday …
R.8.102.460-8.102.460.2 SCOPE
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The rule applies to the general public.
R.8.102.460-8.102.460.3 STATUTORY AUTHORITY
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A. New Mexico Statutes Annotated 1978 (Chapter 27, Articles 1 and 2) authorize the state to administer the aid to families with dependent children (AFDC), general assistance (GA), shelter care supplement, the burial assistance programs and such other public welfare functions as m…
R.8.102.460-8.102.460.4 DURATION
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Permanent.
R.8.102.460-8.102.460.5 EFFECTIVE DATE
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April 1, 2012, unless a later date is cited at the end of a section.
R.8.102.460-8.102.460.6 OBJECTIVE
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A. The purpose of the New Mexico works (NMW) program is to improve the quality of life for parents and children by increasing family income, resources and support. Family income is increased through family employment and child support and by utilizing cash assistance as a support…
R.8.102.460-8.102.460.7 DEFINITIONS
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[Reserved]
R.8.102.460-8.102.460.8 RESERVED
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R.8.102.460-8.102.460.9 NMW COMPLIANCE REQUIREMENTS
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Work program requirements apply to each adult and minor head of households benefit group member whether the benefit group is a two-parent or single-parent benefit group. A. All adult and minor head of household participants are required to complete an assessment, individual respo…
R.8.102.461-8.102.461.1 ISSUING AGENCY
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New Mexico Health Care Authority.
R.8.102.461-8.102.461.10 WORK ACTIVITIES - CORE AND NON-CORE
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A. Core work activities: Core activities are allowable for a participant to meet the standard work participation requirement hours for a single or two parent household or to meet the minimum standard work participation requirement hours as defined at 8.102.460.14 NMAC. For purpos…
R.8.102.461-8.102.461.11 UNSUBSIDIZED EMPLOYMENT (CORE ACTIVITY)
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A. Unsubsidized employment is full- or part-time employment in the public or private sector that is not funded directly or in part by TANF or any other public program. Unpaid apprenticeships and unpaid internships are included as unsubsidized employment. B. General: (1) Hours for…
R.8.102.461-8.102.461.12 SUBSIDIZED PRIVATE SECTOR EMPLOYMENT (Core Activity)
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A. Employment for which the employer receives a subsidy from TANF or other public funds to offset some or all of the wages and costs of employing a participant is considered to be subsidized private sector employment. B. General: New Mexico will use TANF funds to offset the wages…
R.8.102.461-8.102.461.13 SUBSIDIZED PUBLIC SECTOR EMPLOYMENT (CORE ACTIVITY)
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A. Employment for which the employer receives a subsidy from TANF or other public funds to offset some or all of the wages and costs of employing a participant is considered subsidized employment. The employment will be considered subsidized if an employer receives a TANF or othe…
R.8.102.461-8.102.461.14 ON-THE-JOB TRAINING (CORE ACTIVITY)
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A. Training in the public or private sector that is given to a paid employee that provides knowledge and skills essential to the full and adequate performance of the job shall be considered on-the-job training. On-the-job training (OJT) may be subsidized or unsubsidized. The empl…
R.8.102.461-8.102.461.15 JOB SEARCH AND JOB READINESS ASSISTANCE (CORE ACTIVITY)
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A. Job search includes the acts of seeking or obtaining employment, and preparation to seek or obtain employment. B. General: (1) Countable hours for looking for job openings, making contact with potential employers, applying for vacancies and interviewing for jobs, and in labor …
R.8.102.461-8.102.461.16 WORK EXPERIENCE (CORE ACTIVITY)
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A. Work experience is an unpaid activity. The purpose of work experience is to improve the employability of those who cannot find employment. Work experience may be in a public or private sector setting. B. General: (1) The type of work experience placement needed by a participan…
R.8.102.461-8.102.461.17 COMMUNITY SERVICE PROGRAMS (CORE ACTIVITY)
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A. Community service is a non-paid work activity. Participants provide services needed by their community. Sponsoring agencies may be either public sector or private nonprofit entities such as libraries, charities, churches, and schools. The department will review each placement …
R.8.102.461-8.102.461.18 CHILD CARE FOR COMMUNITY SERVICE PARTICIPANTS (CORE ACTIVITY)
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A. NMW participants may meet the NMW standard work participation requirement hours by providing child care services, at no cost, to other NMW participants engaged in community services. B. General: Use of a child care provider by a participant, as provided in this section, is at …
R.8.102.461-8.102.461.19 VOCATIONAL EDUCATION AND TRAINING (CORE ACTIVITY)
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A. Organized career and technical educational programs that are directly related to the preparation of a participant for employment in current or emerging occupations requiring training, to include a baccalaureate or advanced degree are considered to be vocational education and t…
R.8.102.461-8.102.461.2 SCOPE
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The rule applies to the general public.
R.8.102.461-8.102.461.20 JOB SKILLS TRAINING (NON CORE ACTIVITY)
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A. Job skills training required by an employer to provide a participant with the ability to obtain employment or to advance within the workplace is considered job skills training. B. General: Non-core work activities are countable towards the total work participation requirement …
R.8.102.461-8.102.461.21 EDUCATION RELATED TO EMPLOYMENT (NON CORE ACTIVITY)
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A. Any organized activity which is designed to improve the participant's knowledge or skills for the specific purpose of increasing the participant's ability to perform in the workplace is considered to be education directly related to employment. B. General: NMW participants may…
R.8.102.461-8.102.461.22 SECONDARY SCHOOL/GED (NON CORE ACTIVITY)
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A. The secondary school/GED work program activity serves participants who are age 18 or older. This may be a qualified activity for a participant who is under age 20, but cannot enroll in high school if the participant has: (1) successfully completed a previous education work pro…
R.8.102.461-8.102.461.3 STATUTORY AUTHORITY
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A. New Mexico Statutes Annotated 1978 (Chapter 27, Articles 1 and 2) authorize the state to administer the aid to families with dependent children (AFDC), general assistance (GA), shelter care supplement, the burial assistance programs and such other public welfare functions as m…
R.8.102.461-8.102.461.4 DURATION
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Permanent.
R.8.102.461-8.102.461.5 EFFECTIVE DATE
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April 1, 2012, unless a later date is cited in this section.
R.8.102.461-8.102.461.6 OBJECTIVE
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A. The purpose of the New Mexico works (NMW) program is to improve the quality of life for parents and children by increasing family income, resources and support. The further purpose of the program is to increase family income through family employment and child support and by u…