New Mexico Administrative Code

A. Benefit issuance: NM Extra Help SNAP benefits shall be issued through a direct deposit into a household's electronic benefit transfer (EBT) food stamp account. EBT cards are issued and EBT accounts maintained as defined at 8.139.610 NMAC. A participating household has a defini…

A. Overpayment: A household that has received NM Extra Help SNAP benefits and has been determined ineligible or does not qualify for some or all of the NM Extra Help SNAP benefit shall have a claim established against the household for the NM Extra Help SNAP benefit amount in acc…

General public

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…

The New Mexico Extra Help SNAP pilot shall terminate issuance of benefits in conjunction with the cessation of the grant authorized by the United States department of agriculture food and nutrition services (FNS). FNS has authorized the cessation of the program delivery effective…

August 1, 2011, unless a later date is cited at the end of a section.

The objective of New Mexico Extra Help SNAP (NM Extra Help SNAP) is to increase access to the nutrition benefits offered by the food stamp program among elderly and disabled populations receiving assistance through the medicare saving program (MSP) through medicaid. The NM Extra …

[RESERVED]

A. An applicant can opt to receive NM Extra Help SNAP benefits if the applicant: (1) receives benefits through a MSP; and (2) is 22 years of age or older; and (3) resides in a NM Extra Help pilot county; and (4) is eligible for separate household status as defined at Subsection A…

A. Opt in/out: An applicant can opt out of NM Extra Help SNAP at any time. To be considered for regular SNAP benefits, the applicant must apply through the regular SNAP application process as defined at 8.139.110 NMAC. B. Application requirements: The application at minimum will …

New Mexico Health Care Authority.

A. In determining the resources of a household, the following shall be excluded: (1) home and surrounding property (Subsection C of 8.139.510.10 NMAC); (2) household and personal goods (Subsection D of 8.139.510.10 NMAC); (3) life insurance, deferred compensation and joint pensio…

A. Anyone whose resources are considered available, and who knowingly transfers resources, will be disqualified from participating in the program if the transfer meets all of the following criteria: (1) the transfer was made within the three-month period immediately preceding the…

General public.

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. Admi…

Permanent.

July 16, 2024, unless a later date is cited at the end of a section.

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…

A. The maximum allowable resources for a household, including both liquid and non-liquid assets are revised and adjusted each year in October and can be found at https://www.fns.usda.gov/snap/cost-living-adjustment-cola-information. B. The value of a nonexempt resource is its equ…

A. Liquid resources: Liquid resources are readily negotiable resources such as, but not limited to: (1) cash on hand; (2) money in checking and saving accounts; (3) savings certificates, stocks and bonds (even if they are producing income consistent with their fair market value),…

New Mexico Health Care Authority.

A. Income averaging: (1) Optional income averaging: Income received by a household may be averaged at the household's option (See 8.139.500.10 NMAC) except as specified below. (2) Mandatory income averaging: Averaging is mandatory for income received under the following circumsta…

A. Use of deductions: A household must qualify for deductions by first meeting a gross income test. A household is not eligible if gross income is more than the standard listed in Subsection E of 8.139.500.8 NMAC for a household size. If income falls below the gross income limit,…

To determine a household's income eligibility, the following guidelines will be followed: A. The gross monthly income of all members, minus any income exclusions, is a household's gross income. Households which do not include elderly or disabled members must meet the gross income…

General public.

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…

Permanent.

November 21, 2023, unless a later date is cited at the end of a section.

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…

The national income eligibility standards are based on the federal income poverty levels established in Section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). The net income standard is the federal income poverty guideline for the 48 contiguous states and t…

A. Earned income: Earned income includes the following: (1) Wages and salaries: All wages and salaries paid to an employee. (2) Sick pay: Sick pay is counted as earned income if the person receiving sick pay will be returning to work after recovery and is still considered an empl…

New Mexico Health Care Authority.

A. Payments to the Turtle Mountain Band of Chippewas, Arizona (P.L. 97/403). B. Payments to the Blackfeet, Gros Ventre, and Assiniboine tribes (Montana) and the Papago, Arizona tribe per P.L. 97/408. C. Per capita and interest payments made to the Assiniboine Tribe of the Fort Be…

General public.

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…

Permanent.

November 1, 2023 unless a later date is cited at the end of the section.

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…

Certain income and resources are specifically excluded by federal law from consideration in determining eligibility for the food stamp program.

A. The value of assistance to children under P.L. 79/396, Section 12(e) of the National School Lunch Act, as amended by Section 9(d) of P.L. 94/105. This law authorizes the school lunch program, the summer food service program for children, the commodity distribution program, and…

New MexicoHealth Care Authority.

A. The HCA is responsible for timely and accurate benefit issuance to certified eligible households. A participating household has a definite issuance date so that SNAP benefits are received on or about the same time each month. The issuance date is based on the last two digits o…

Pursuant to Subsection D of Section 15 of the Food Stamp Act, SNAP benefits are an obligation of the United States within the meaning of 18 United States Code (U.S.C.) 8. The provisions of Title 18 of the United States Code, "crimes and criminal procedures," relative to counterfe…

A. The SNAP benefit amount to be issued depends on the number of eligible members in the household and the net monthly income used to determine eligibility. (1) The HCA uses a 30-day calendar month to determine a household's SNAP benefit amount. A household applying on the 31st o…

A household's net income is used to determine its SNAP benefit amount. The net income is the gross amount less allowable deductions. To determine the household's net income: A. The gross monthly income earned by all household members is added to the total monthly unearned income …

A. Conditions for replacement: Subject to certain restrictions, households may be authorized a replacement issuance when the household reports the food purchased with SNAP benefits was destroyed in a household misfortune or natural disaster. The loss must be reported within ten c…

If funding for SNAP is depleted, Section 18 of the Food Stamp Act of 1977, as amended, provides for reduction, suspension or cancellation of SNAP benefits for one or more months, or a combination of these three actions. A. Reduction: (1) If a reduction in SNAP allotments is deeme…