51,436 sections across 3,184 New Mexico regulatory chapters.
R.8.102.510-8.102.510.8 RESOURCE STANDARDS
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To be eligible on the condition of need, the value of all countable personal and real property, belonging to, or considered as belonging to or considered available to the benefit group shall not exceed the liquid and non-liquid resource limits. Property in excess of the liquid an…
R.8.102.510-8.102.510.9 COUNTABLE RESOURCES
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A. Real property non liquid:(1) Real property means land and the structures and improvements affixed to it. (2) The value of real property owned by or considered available to the benefit group, except as exempted in Subsection A of 8.102.510.10 NMAC, shall be considered in determ…
R.8.102.520-8.102.520.1 ISSUING AGENCY
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New Mexico Health Care Authority.
R.8.102.520-8.102.520.10 EARNED INCOME DEFINITION
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A. Earned income means cash or payment in kind that is received as wages from employment, payment in lieu of wages, earnings from self-employment or earnings acquired from the direct provision of services, goods or property, production of goods, management of property or supervis…
R.8.102.520-8.102.520.11 DETERMINING INCOME FOR SELF-EMPLOYED INDIVIDUALS
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A. Reporting of earnings as business or self-employment income to state or federal tax authorities is the usual indicator of business or self-employment income. Criteria for verification of business and self-employment income are set forth in Paragraph (2) of Subsection B of 8.10…
R.8.102.520-8.102.520.12 EARNED INCOME DEDUCTIONS
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A. Earnings deductions: Deductions from gross earned income shall be made in determining the net countable earned income of benefit group members. (1) Earned income deductions may not exceed the amount of a participant's gross earned income. (2) The earned income deductions may n…
R.8.102.520-8.102.520.13 DEEMED INCOME DETERMINATION
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A. The earned and unearned income of certain non-benefit group members shall be deemed available to the eligible benefit group members. The income shall be deemed from the following: (1) the parent of a minor parent; (2) a participant or applicant who has been disqualified from p…
R.8.102.520-8.102.520.14 NET EARNED INCOME
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The income remaining after all allowable exemptions and deductions shall be made from the earned income of benefit group members, plus the deemed income to the benefit group, shall be the net countable earned income of the benefit group. The net countable income shall be used to …
R.8.102.520-8.102.520.15 UNEARNED INCOME
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A. Definition of unearned income: Unearned income means old age, survivors, and disability insurance payments (social security), railroad retirement benefits, veterans administration compensation or pension payments, military retirement and allotments, pensions, annuities and ret…
R.8.102.520-8.102.520.2 SCOPE
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The rule applies to the general public.
R.8.102.520-8.102.520.3 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.8.102.520-8.102.520.4 DURATION
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Permanent.
R.8.102.520-8.102.520.5 EFFECTIVE DATE
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July 1, 2024, unless a later date is cited at the end of a section.
R.8.102.520-8.102.520.6 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.8.102.520-8.102.520.7 DEFINITIONS [RESERVED]
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R.8.102.520-8.102.520.8 GENERAL
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A. Income eligibility: To be eligible for cash assistance based on income eligibility factors: (1) the countable gross income available to the benefit group cannot equal or exceed the maximum gross income limit for the size of the benefit group; (2) the net countable income avail…
R.8.102.520-8.102.520.9 EXEMPT INCOME
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The following income sources are not considered available for the gross income test, the net income test, and the cash payment calculation: A. medicaid; B. food stamp benefits; C. government-subsidized foster care, if the child for whom the payment is received is not included in …
R.8.102.610-8.102.610.1 ISSUING AGENCY
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New Mexico Health Care Authority.
R.8.102.610-8.102.610.10 SUPPORTIVE SERVICES
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A. The NMW work program provides supportive services on an ongoing basis, provided that the participant is eligible to receive the services during the month provided. B. Participants must meet minimum participation requirements in order to receive supportive services reimbursemen…
R.8.102.610-8.102.610.11 RESERVED
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R.8.102.610-8.102.610.12 DIVERSION PAYMENTS TO A NMW BENEFIT GROUP
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The diversion payment is a non-recurring lump sum payment, issued to the recipient's EBT account in accordance with eligibility and amount specified at 8.102.500.10 NMAC.
R.8.102.610-8.102.610.13 RESERVED
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R.8.102.610-8.102.610.2 SCOPE
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The rule applies to the general public.
R.8.102.610-8.102.610.3 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.8.102.610-8.102.610.4 DURATION
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Permanent.
R.8.102.610-8.102.610.5 EFFECTIVE DATE
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July 1, 2024, unless a later date is cited at the end of a section.
R.8.102.610-8.102.610.6 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.8.102.610-8.102.610.7 DEFINITIONS [RESERVED]
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R.8.102.610-8.102.610.8 CASH ASSISTANCE
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A. Method of payment: Cash assistance benefits are paid by issuing funds into an EBT transfer account. B. Initial issuance: The EBT card is issued to the payee or designated authorized representative during the application process prior to the application being approved. The appl…
R.8.102.610-8.102.610.9 RESERVED
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R.8.102.611-8.102.611.1 ISSUING AGENCY
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New Mexico Health Care Authority.
R.8.102.611-8.102.611.10 EDUCATION WORKS CASH ASSISTANCE
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A. Subject to the availability of allocated state funds, the education works program (EWP) provides state-funded cash assistance to a benefit group where at least one individual is enrolled in a postsecondary, graduate or post-graduate institution. The applicant or recipient bene…
R.8.102.611-8.102.611.11 WORK PROGRAM REQUIREMENTS
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A. New applicant responsibilities: (1) The individual shall have an assessment completed and shall provide verification within 15 days following approval to the EWP. (2) The individual shall complete a WPA to enter the EWP for the level of effort required of participants. The WPA…
R.8.102.611-8.102.611.12 TERMINATING PARTICIPATION IN THE EDUCATION WORKS PROGRAM
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A. The HCA shall take action to terminate an individual's participation in the EWP, or to require an individual to apply for NMW cash assistance, by issuing an advance written notice under the following conditions: (1) copies of financial aid award or denial letters are not provi…
R.8.102.611-8.102.611.2 SCOPE
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The rule applies to the general public.
R.8.102.611-8.102.611.3 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.8.102.611-8.102.611.4 DURATION
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Permanent.
R.8.102.611-8.102.611.5 EFFECTIVE DATE
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July 1, 2024, unless a later date is cited at the end of a section.
R.8.102.611-8.102.611.6 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, assisting parents to develop the discipline necessary for self-sufficiency and to improve their self-esteem. The further purpose of the pro…
R.8.102.611-8.102.611.7 DEFINITIONS [RESERVED]
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R.8.102.611-8.102.611.8 EDUCATION WORKS ASSISTANCE PAYMENTS
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A. Method of payment: Cash assistance benefits are paid by deposit of funds into an EBT account. In some circumstances benefits may be issued by warrant. B. Authorizing payments: (1) FA benefits are authorized, changed, and terminated through the automated benefit delivery system…
R.8.102.611-8.102.611.9 SUPPORT SERVICES
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A. Subject to the availability of state and federal funds, a benefit group that has countable gross income that is less than one hundred percent of the federal poverty guidelines applicable to the size of the benefit group may be eligible to receive services. B. Any month that an…
R.8.102.620-8.102.620.1 ISSUING AGENCY
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New Mexico Health Care Authority.
R.8.102.620-8.102.620.10 CHILD SUPPORT AND NMW NON-COOPERATION PAYMENT SANCTIONS
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A. General: (1) The benefit group shall be subject to a non-cooperation payment sanction under either or both of the following circumstances:(a) failure by a benefit group member to meet NMW requirements; or (b) failure by the adult responsible for children included in a benefit …
R.8.102.620-8.102.620.11 NON - REPORTING SANCTIONS
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A. General: The eligibility determination and payment calculation process relies upon applicants and participants to provide accurate and timely reports of information affecting their eligibility and payment. Payment sanctions for non-reporting shall be established to encourage t…
R.8.102.620-8.102.620.12 RECOUPMENT
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Participants and applicants with an outstanding claim for overpayment of cash assistance benefits shall be required to repay the claim. Claim and recoupment situations and procedures are detailed in 8.100.640 NMAC.
R.8.102.620-8.102.620.13 PAYMENT
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A. The grant amount remaining after deduction of sanction and recoupment amounts, if any, shall be the amount issued as payment. Any month for which a payment is issued shall be a month counted against the 60-month lifetime limit of each adult or minor head of household included …
R.8.102.620-8.102.620.14 SUPPORTIVE SERVICES
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A. An explanation of the supportive services available through the NMW work program, provided funding is available, shall be given to NMW participants during orientation. Participants who need supportive services to participate in the program are eligible for such services. B. NM…
R.8.102.620-8.102.620.15 CALCULATING THE SUPPORTIVE SERVICES BENEFIT
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If state or federal funds are specifically appropriated, the HCA may issue supportive services benefits. A. Child care: The caseworker may authorize child care reimbursement for persons for a period not to exceed 30 days. All other child care shall be authorized by CYFD. The case…
R.8.102.620-8.102.620.16 SUPPORTIVE SERVICES BENEFITS
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A. Issuance schedule: If state or federal funds are specifically appropriated, the HCA may issue supportive services benefits. (1) Participants assigned to a NMW activity may receive reimbursement on a monthly basis. Participants must submit participation reports to receive the s…