Eligible individuals

A. Except as set forth in Subsections B and C of this section, an eligible individual shall have earned income and shall be: (1) eighteen years of age or older; (2) a citizen, legal resident, refugee, asylee or person otherwise legally present in the United States at the time the person opens the person's individual development account; (3) a resident of New Mexico; and (4) an indigent. B. A child in foster care is an eligible individual if the child is: (1) fifteen years of age or older; (2) an indigent; (3) a citizen, a legal resident, a refugee or an asylee or is otherwise legally present in the United States at the time the person opens the person's individual development account; and (4) a resident of New Mexico. C. A child is an eligible individual if the child is: (1) at least fifteen years of age and not more than eighteen years of age; (2) a member of a family whose members are all indigents; (3) a citizen, a legal resident, a refugee or an asylee or is otherwise legally present in the United States at the time the person opens the person's individual development account; and (4) a resident of New Mexico. History: Laws 2003, ch. 362, § 4; 2006, ch. 96, § 4; 2007, ch. 349, § 4; 2019, ch. 225, § 5.