51,436 sections across 3,184 New Mexico regulatory chapters.
R.8.139.120-8.139.120.16 TRANSFER OF HOUSEHOLDS
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When a household transfers from one project area to another, the household's case record and computer file shall be transferred accordingly. Procedures for handling households which transfer between project areas within the state and between offices within a single project area a…
R.8.139.120-8.139.120.17 COOPERATION WITH LAW ENFORCEMENT AGENCIES
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A. Notwithstanding any other provision of law, upon written request, HCA shall make available to any federal, state, or local law enforcement officer the address, social security number, and photograph (if available) of any household member, if the officer furnishes HCA with the …
R.8.139.120-8.139.120.2 SCOPE
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General public.
R.8.139.120-8.139.120.3 STATUTORY AUTHORITY
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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. Sec…
R.8.139.120-8.139.120.4 DURATION
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Permanent.
R.8.139.120-8.139.120.5 EFFECTIVE DATE
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July 16, 2024, unless a later date is cited at the end of a section.
R.8.139.120-8.139.120.6 OBJECTIVE
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Issuance of the revised supplemental nutrition assistance program (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 re…
R.8.139.120-8.139.120.7 DEFINITIONS [RESERVED]
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R.8.139.120-8.139.120.8 RECERTIFICATION
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When a household's certification period expires, its eligibility to participate in SNAP ends. SNAP benefits will not be continued beyond the certification period. Timely applications for recertification will be approved or denied before the end of the current certification period…
R.8.139.120-8.139.120.9 SIMPLIFIED REPORTING
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All households will be assigned to simplified reporting (SR). Households must submit an interim report once every six or twelve months, depending on their certification period. Households assigned to a 12-month certification period have an interim report form due at six months. H…
R.8.139.400-8.139.400.1 ISSUING AGENCY
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New Mexico Health Care Authority.
R.8.139.400-8.139.400.10 NONHOUSEHOLD MEMBERS - INDIVIDUALS RESIDING WITH THE HOUSEHOLD
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Individuals, described below, residing with a household will not be considered members for the purpose of determining household size, eligibility, or food stamp benefit amount: A. Roomers: Individuals to whom a household furnishes lodging, but not meals, for compensation. B. Boar…
R.8.139.400-8.139.400.11 SPECIAL MEMBERS
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A. Students: (1) Eligibility: An individual who is enrolled at least half-time in an institution of higher education will be ineligible to participate in SNAP unless the individual qualifies for one of the exemptions contained in Paragraph (3) of Subsection A of 8.139.400.11 NMAC…
R.8.139.400-8.139.400.12 INELIGIBLE HOUSEHOLD MEMBERS
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The following individuals shall be included as household members for the purpose of defining a household, but shall not be included as eligible members when determining the household's size, comparing the household's monthly income with the income eligibility standard, or assigni…
R.8.139.400-8.139.400.13 SPECIAL HOUSEHOLDS
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A. Institutions: An individual shall be considered a resident of an institution if the institution provides two or more meals daily, and the institution has not been authorized to accept food stamp benefits. B. Eligibility: Residents of institutions shall not be eligible to parti…
R.8.139.400-8.139.400.14 MIGRANT AND SEASONAL FARMWORKER HOUSEHOLDS
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A. Migrant or seasonal farm worker households are entitled to special handling of their application as described below. Only migrant or seasonal farmworker households will be classified as destitute and receive the special income considerations outlined in this section. For migra…
R.8.139.400-8.139.400.15 DISASTER VICTIMS
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A. Authority: (1) Section 409 of the Disaster Relief Act of 1974 authorizes the president to distribute emergency food stamp benefits through USDA to low-income households which are unable to purchase adequate amounts of nutritious food as a result of a major disaster. (2) The Fo…
R.8.139.400-8.139.400.2 SCOPE
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General public.
R.8.139.400-8.139.400.3 STATUTORY AUTHORITY
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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. Sec…
R.8.139.400-8.139.400.4 DURATION
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Permanent.
R.8.139.400-8.139.400.5 EFFECTIVE DATE
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July 16, 2024, unless a later date is cited at the end of a section.
R.8.139.400-8.139.400.6 OBJECTIVE
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Issuance of the revised food stamp program policy manual is intended to be used in administration of the food stamp program in New Mexico. This revision incorporated the latest federal policy changes in the food stamp program not yet filed. In addition, current policy citations w…
R.8.139.400-8.139.400.7 DEFINITIONS [RESERVED]
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R.8.139.400-8.139.400.8 BASIS FOR DEFINING GROUP (HOUSEHOLD COMPOSITION)
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A. Households: The basic assistance unit of the food stamp program is the household. A household is composed of an individual or a group of individuals who customarily purchase and prepare meals together for home consumption. There can be more than one household living in one pla…
R.8.139.400-8.139.400.9 MANDATORY MEMBERS
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A. Separate household status: For purposes of participation in the food stamp program, there can be more than one household living in a single dwelling. To be considered separate, an individual or group of individuals must purchase food and prepare meals separately from the other…
R.8.139.410-8.139.410.1 ISSUING AGENCY
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New Mexico Health Care Authority.
R.8.139.410-8.139.410.10 RESIDENCE
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A. Households may be an active member in only one SNAP household in any month, with the exception of residents of a domestic violence shelter. B. Domestic violence shelter. Any individual who is a resident of a domestic violence shelter may participate as a member in more than on…
R.8.139.410-8.139.410.11 NONCONCURRENT RECEIPT OF ASSISTANCE (DUAL PARTICIPATION)
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A. In no event may an individual receive food stamp benefits in more than one household in the state of New Mexico in the same month, with the exception of women and children in battered women's shelters (Subsection B of 8.139.410.10 NMAC). In addition, an individual may not rece…
R.8.139.410-8.139.410.12 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) GENERAL WORK REQUIREMENTS
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Any SNAP recipient may be subject to general work requirements. SNAP recipients who do not meet a federal exemption must meet the general work requirements in accordance with Subsection C of this section. Federal exemptions from general work requirements are found at 7 Code of Fe…
R.8.139.410-8.139.410.13 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) EMPLOYMENT AND TRAINING PROGRAM (E&T)
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ISD will administer the E&T program requirements in accordance with 7 CFR 273.7(e). SNAP participants may choose to voluntarily participate in any of the E&T services available. Volunteers can participate to the extent that they wish and will not be subject to any E&T disqualific…
R.8.139.410-8.139.410.14 REQUIREMENTS FOR ABLE BODIED ADULTS
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ISD will administer this program in accordance with 7 Code of Federal Regulation (CFR) 273.24. This program is referred to as the time limit rule or the able bodied adults without dependents ("ABAWD") program. The program is mandatory at all times unless there is a federally appr…
R.8.139.410-8.139.410.2 SCOPE
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General public.
R.8.139.410-8.139.410.3 STATUTORY AUTHORITY
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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. Adm…
R.8.139.410-8.139.410.4 DURATION
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Permanent.
R.8.139.410-8.139.410.5 EFFECTIVE DATE
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November 1, 2023, unless a later date is cited at the end of a section.
R.8.139.410-8.139.410.6 OBJECTIVE
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Issuance of the revised food stamp program policy manual is intended to be used in administration of the food stamp program in New Mexico. This revision incorporated the latest federal policy changes in the food stamp program not yet filed. In addition, current policy citations w…
R.8.139.410-8.139.410.7 DEFINITIONS: [RESERVED]
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R.8.139.410-8.139.410.8 ENUMERATION (SOCIAL SECURITY NUMBER)
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A. Requirement: The social security number is required for every individual who receives food stamp benefits. Providing the social security number of a household member is voluntary. However, failure to provide the social security number shall result in the denial of food stamp b…
R.8.139.410-8.139.410.9 CITIZENSHIP AND IMMIGRATION STATUS FOR ELIGIBILITY
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Participation in SNAP is limited to individuals who live in the United States and who are U.S. citizens or are otherwise eligible per the criteria below. The department will determine eligibility for non-citizens in accordance with 7 CFR 273.2 and 7 CFR 273.4. No individual is el…
R.8.139.420-8.139.420.1 ISSUING AGENCY
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New Mexico Health Care Authority.
R.8.139.420-8.139.420.10 HOMELESS HOUSEHOLDS
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Homeless households residing in public or private nonprofit shelters for homeless individuals will be exempt from the residents of an institution eligibility requirements (Subsection A of 8.139.400.13 NMAC). Such households may not be denied benefits for lack of a conventional or…
R.8.139.420-8.139.420.2 SCOPE
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General public.
R.8.139.420-8.139.420.3 STATUTORY AUTHORITY
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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. Sec…
R.8.139.420-8.139.420.4 DURATION
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Permanent.
R.8.139.420-8.139.420.5 EFFECTIVE DATE
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July 16, 2024, unless a later date is cited below a section.
R.8.139.420-8.139.420.6 OBJECTIVE
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Issuance of the revised food stamp program policy manual is intended to be used in administration of the food stamp program in New Mexico. This revision incorporated the latest federal policy changes in the food stamp program not yet filed. In addition, current policy citations w…
R.8.139.420-8.139.420.7 DEFINITIONS [RESERVED]
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R.8.139.420-8.139.420.8 CATEGORICAL ELIGIBILITY (CE)
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All members of a food stamp household must maintain CE status for the household to be considered CE. Categorically eligible one and two person households are entitled to the minimum food stamp benefit amount, except in an initial month if the prorated benefit is less than ten dol…
R.8.139.420-8.139.420.9 SPONSORED NON-CITIZENS
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A. Definition of a sponsored non-citizen: A non-citizen lawfully admitted for permanent resident status into the United States, for which an individual has executed an affidavit of support pursuant to section 213A of the Immigration and Nationality Act. Not all lawful non-citizen…
R.8.139.500-8.139.500.1 ISSUING AGENCY
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New Mexico Health Care Authority.