New Mexico Register / Volume XXXIII, Issue 18 / September 27, 2022

 

 

This is an emergency amendment to 8.139.120 NMAC, Section 9 effective 10/1/2022.

 

8.139.120.9          SIMPLIFIED REPORTING:  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.  Households assigned to a 24-month certification period have an interim report form due at 12 months.

                A.            Household Certification Periods:  A household that is approved for SNAP benefits shall be assigned the longest certification period possible in accordance with the household’s circumstances.  Households wherein all adult members are elderly or disabled, with no earned income, will be assigned a 24-month certification period.  All other households will be assigned a 12-month certification period.

                B.            Household responsibility to turn in interim report form:

                                (1)           A household assigned to a 12-month certification period shall be required to file an interim report form no later than the tenth day of the sixth month of the certification period in order to receive uninterrupted benefits.

                                (2)           A household assigned to a 24-month certification period shall be required to file an interim report form no later than the tenth day of the twelfth month of the certification period in order to receive uninterrupted benefits.

                C.            Information that ISD is responsible to provide to households regarding simplified reporting: At the initial certification and at recertification, ISD shall provide the household with the following:

                                (1)           a written and oral explanation of how simplified reporting works;

                                (2)           a written and oral explanation of the reporting requirements including:

                                                (a)           what needs to be reported and verified;

                                                (b)           when the interim report form is due;

                                                (c)           how to obtain assistance; and

                                                (d)           the consequences of failing to file an interim report form.

                                (3)           special assistance in completing and filing interim reports to households whose adult members are all either mentally or physically handicapped or are non-English speaking or otherwise lacking in reading and writing skills such that they cannot complete and file the required report; and

                                (4)           a toll-free number which the household may call to ask questions or to obtain help in completing the interim report.

                D.            Information requirements for the interim report form:  The interim report form will be written in clear, simple language, include information on the availability of a bilingual version of the document described in 7 CFR 272.4(b), and shall specify:

                                (1)           the deadline date to submit the form to ISD to ensure uninterrupted benefits if the household is determined eligible;

                                (2)           the consequences of submitting a late or incomplete form including whether ISD shall delay benefits if the form is not received by the due date;

                                (3)           verification the household must submit with the form;

                                (4)           a statement to be signed by a member of the household indicating his or her understanding that the information provided may result in a reduction or termination of benefits;

                                (5)           where to call for help in completing the form;

                                (6)           a statement explaining that ISD will not change certain deductions until the household's next recertification and identify those deductions if ISD has chosen to disregard reported changes that affect certain deductions in accordance with paragraph (c) of section 7 CFR 273.12;

                                (7)           a brief explanation of fraud penalties; and

                                (8)           how the agency may use social security numbers.

                E.            The following information, along with required verification, must be returned to ISD with the interim report form:

                                (1)           a change of more than [one hundred dollars ($100)] one hundred twenty-five dollars ($125) in the amount of unearned income, except changes relating to public assistance (PA) or general assistance (GA) programs when jointly processed with SNAP cases;

                                (2)           a change in the source of income, including starting or stopping a job or changing jobs, if the change in employment is accompanied by a change in income;

                                (3)           changes in either:

                                                (a)           the wage rate or salary or a change in full-time or part-time employment status as defined in Subsection C of 8.102.461.11 NMAC, provided the household is certified for no more than six months; or

                                                (b)           a change in the amount earned of more than [one hundred dollars ($100)] one hundred twenty-five dollars ($125) a month from the amount last used to calculate the household’s allotment, provided the household is certified for no more than six months.

                                (4)           all changes in household composition, such as the addition or loss of a household member;

                                (5)           changes in residence and the resulting shelter costs;

                                (6)           the acquisition of a licensed vehicle, unless the household is categorically eligible as defined at Sections 8 and 9 of 8.139.420 NMAC or the vehicle is not fully excludable under 8.139.527 NMAC;

                                (7)           when cash on hand, stocks, bonds and money in a bank account or savings institution reach or exceed the resource limit set at 8.139.510.8 NMAC, unless the household is categorically eligible as defined at Sections 8 and 9 of 8.139.420 NMAC;

                                (8)           changes in the legal obligation to pay child support;

                                (9)           for able-bodied adults subject to the time limit of 7 CFR 273.24, any changes in work hours that bring an individual below 20 hours per week, averaged monthly, as defined in 7 CFR 273.24(a)(1)(i); and

                                (10)         In accordance with 7 CFR 273.12(a)(2), SNAP households must report substantial lottery and gambling winnings;

                                                (a)           if the substantial lottery and gambling winning is won by multiple beneficiaries and is over the elderly and disabled resource standard, each SNAP member’s share must be reported;

                                                (b)           if the winning is less than the elderly and disabled resource standard it does not need to be reported;

                F.            ISD’s responsibility with interim report forms:

                                (1)           Interim report form is not received:  If a household fails to file a report by the specific filing date, defined in Subsection B of 8.139.120.9 NMAC, ISD will send a notice to the household advising of the missing report no later than 10 calendar days from the date the report should have been submitted.  If the household does not respond to the notice, the household's participation shall be terminated.

                                (2)           Incomplete interim report form is received:

                                                (a)           An interim report form that is not signed shall be returned to the household for a signature.  The household:

                                                                (i)            shall be notified that the form is incomplete;

                                                                (ii)           what needs to be completed to complete the interim report form; and

                                                                (iii)         shall be given 10 calendar days to provide the signed interim report form to be reviewed for completeness.

                                                (b)           An interim report form that is incomplete because required verification is not provided shall not be returned to the household.  The household:

                                                                (i)            shall be notified that the form is incomplete;

                                                                (ii)           what information must be provided to complete the interim report form; and

                                                                (iii)         shall be given 10 calendar days to provide the verification to process the interim report form.

                                (3)           Complete interim report form is received:

                                                (a)           A form that is complete and all verifications are provided, shall be processed within 10 calendar days of receipt.

                                                (b)           A form that is complete, and all verifications are provided except for verification of an allowable deduction, shall be processed, unless the verification is otherwise questionable, in accordance with 8.100.130.12 NMAC.  The household:

                                                                (i)            shall be notified that verification is questionable; and

                                                                (ii)           shall be given 10 calendar days to provide the verification to process the allowable deduction.

                                                (c)           A deduction that is verified within the month the interim report form is due shall be processed as part of the interim report form.

                                                (d)           A deduction that is verified in the month after the interim report form is due shall be processed as a change reported by the household.

                                                (e)           If the household files a timely and complete report resulting in reduction or termination of benefits, ISD shall send a notice of case action.  The notice must be issued so that the household will receive it no later than the time that its benefits are normally received.  If the household fails to provide sufficient information or verification regarding a deductible expense, ISD will not terminate the household, but will instead determine the household's benefits excluding the deduction from the benefit calculation.

                G.            Changes that must be reported at any time during certification period:  Households must report changes no later than 10 days from the end of the calendar month in which the change occurred, provided that the household has at least 10 calendar days within which to report the change.  If there are not 10 days remaining in the month, the household must report within 10 days from the date the work hours fall below 20 hours per week, averaged monthly or when income exceeding the gross federal poverty limit as mentioned below is first received.  The interim report form is the sole reporting requirement for any information that is required to be reported on the form, except that a household must report at any time during the certification period:

                                (1)           the household must report when its monthly gross income exceeds one hundred thirty percent of poverty level.  A categorically eligible household defined in accordance with 8.139.420.8 NMAC, must report when its monthly gross income exceeds one hundred sixty-five percent of poverty level.  The household shall use the monthly gross income limit for the household size that existed at the time of certification or recertification regardless of any subsequent changes to its household size; and

                                (2)           able-bodied adults subject to the time limit in accordance with 7 CFR 273.24 shall report whenever their work hours fall below 20 hours per week, averaged monthly.

                                (3)           in accordance with 7 CFR 273.12(a)(2), SNAP households must report substantial lottery and gambling winnings within 10 days of the end of the month in which the household received the winnings.

                                                (a)           if the substantial lottery and gambling winning is won by multiple beneficiaries and is over the elderly and disabled resource standard, each SNAP member’s share must be reported.

                                                (b)           if the winning is less than the elderly and disabled resource standard it does not need to be reported.

                H.            Action on changes reported outside of the interim report form:  In addition to changes that must be reported in accordance with Subsection G of 8.139.120.9 NMAC, ISD must act on changes in between interim report forms, if it would increase the household’s benefits.  ISD shall not act on changes that would result in a decrease in the household’s benefits unless:

                                (1)           The household has voluntarily requested that its case be closed.

                                (2)           ISD has information about the household’s circumstances considered verified upon receipt.  Verified upon receipt is defined:

                                                (a)           information is not questionable; and

                                                (b)           the provider of the information is the primary source of information; or

                                                (c)           the recipient’s attestation exactly matches the information received from a third party.

                                (3)           A household member has been identified as a fleeing felon or probation violator in accordance with 7 CFR 273.11(n);

                                (4)           There has been a change in the household’s cash grant, or where cash and SNAP cases are jointly processed in accordance with 7 CFR 273.2(j)(2).

                I.             Responsibilities on reported changes outside of the interim report form:  When a household reports a change, ISD shall take action to determine the household's eligibility or SNAP benefit amount within 10 working days of the date the change is reported.

                                (1)           During the certification period, action shall not be taken on changes to medical expenses of households eligible for the medical expense deduction which ISD learns of from a source other than the household and which, in order to take action, requires ISD to contact the household for verification.  ISD shall act only on those changes in medical expenses that it learns about from a source other than the household, if those changes are verified upon receipt and do not necessitate contact with the household.

                                (2)           Decreased or termination of benefits:  For reported and verified changes that result in a decrease or termination of household benefits, ISD shall act on the change as follows:

                                                (a)           Issue a notice of adverse action within 10 calendar days of the date the change was reported and verified unless one of the exemptions to the notice of adverse action in 7 CFR 273.13 (a)(3) or (b) applies.

                                                (b)           When a notice of adverse action is used, the decrease in the benefit level shall be made effective no later than the allotment for the month following the month in which the notice of adverse action period has expired, provided a fair hearing and continuation of benefits have not been requested.

                                                (c)           When a notice of adverse action is not used due to one of the exemptions in 7 CFR 273.13 (a)(3) or (b), the decrease shall be made effective no later than the month following the change.  Verification which is required by 7 CFR 273.2(f) must be obtained prior to recertification.

                                (3)           Increased benefits:  For reported and verified changes that result in an increase of household benefits, ISD shall act on the change as follows:

                                                (a)           For changes which result in an increase in a household's benefits, other than changes described in paragraph (b) of this section, ISD shall make the change effective no later than the first allotment issued 10 calendar days after the date the change was reported to ISD.

                                                (b)           For changes which result in an increase in a household's benefits due to the addition of a new household member who is not a member of another certified household, or due to a decrease of fifty dollars ($50) or more in the household's gross monthly income, ISD shall make the change effective not later than the first allotment issued 10 calendar days after the date the change was reported.

                                                                (i)            In no event shall these changes take effect any later than the month following the month in which the change is reported.

                                                                (ii)           If the change is reported after the last day to make changes and it is too late for ISD to adjust the following month's allotment, ISD shall issue a supplement or otherwise provide an opportunity for the household to obtain the increase in benefits by the tenth day of the following month, or the household's normal issuance cycle in that month, whichever is later.

                                (4)           No change in SNAP benefit amount:  When a reported change has no effect on the SNAP benefit amount, ISD shall document the change in the case file and notify the household of the receipt of the report.

                                (5)           Providing verification:  The household shall be allowed 10 calendar days from the date a change is reported to provide verification, if necessary.  If verification is provided at the time a change is reported or by the deadline date, the increase in benefits shall be effective in accordance with (a) and (b) above.  If the household fails to provide the verification by the deadline date, but does provide it at a later date, the increase shall be effective in the month following the month the verification is provided.  If the household fails to provide necessary verification, its’ SNAP benefit amount shall revert to the original benefit amount.

                J.             Resolving unclear information:

                                (1)           During the certification period, ISD may obtain information about changes in a household's circumstances from which ISD cannot readily determine the effect of the change on the household's benefit amount.  The information may be received from a third party or from the household itself.  ISD must pursue clarification and verification of household circumstances using the following procedure if unclear information received outside the periodic report is:

                                                (a)           information fewer than 60 days old relative to the current month of participation; and,

                                                (b)           if accurate, would have been required to be reported under simplified reporting rules, in accordance with 8.139.120.9 NMAC.

                                                (c)           ISD must pursue clarification and verification of household circumstances in accordance with the process outlined in Subsection B of 8.100.130.12 NMAC, for any unclear information that appears to present significantly conflicting information from that used by ISD, at the time of certification.

                                (2)           Unclear information resulting from certain data matches:

                                                (a)           if the department receives match information from a trusted data source as described in 7 CFR 272.13 or 7 CFR 272.14, ISD shall send a notice in accordance with Subsection B of 8.100.130.12 NMAC in accordance with 7 CFR 272.13(b)(4) and 7 CFR 272.14 (c)(4).  The notices must clearly explain what information is needed from the household and the consequences of failing to respond to the notice.

                                                (b)           if the household fails to respond to the notice or does respond but refuses to provide sufficient information to clarify its circumstances, ISD shall remove the individual and the individual's income from the household and adjust benefits accordingly.  As appropriate, ISD shall issue a notice of adverse action.

                K.            Failure to report changes:  If ISD discovers that the household failed to report a change as required, ISD shall evaluate the change to determine whether the household received benefits to which it was not entitled or if the household is entitled to an increased benefit amount.

                                (1)           Decreased benefit amount:  After verifying the change, ISD shall initiate a claim against the household for any month in which the household was over issued SNAP benefits.  The first month of the over issuance is the month following the month the adverse action notice time limit would have expired had the household timely reported the change.  If the discovery is made within the certification period, the household is entitled to a notice of adverse action if its benefits will be reduced.  No claim shall be established because of a change in circumstances that a household is not required to report in accordance with Subsection G of 8.139.120.9 NMAC above.

                                (2)           Increased benefit amount:  When a household fails to make a timely report of a change which will result in an increased SNAP benefit amount, the household is not entitled to a supplement for any month prior to and including the month in which the change was reported.  The household is entitled to an increased benefit amount effective no later than the first benefit amount issued 10 calendar days after the date the change was reported.

[2/1/1995, 10/01/1995, 06/15/1996, 09/14/1996, 11/01/1996, 07/01/1998, 06/01/1999; 8.139.120.9 NMAC - Rn, 8 NMAC 3 FSP.123, 05/15/2001; 8.139.120.9 - N, 02/14/2002; A, 01/01/2004; A, 07/16/2008; A, 08/15/2008; A/E, 10/15/2008; A, 12/31/2008; A, 09/01/2017; A, 09/01/2017; A/E, 10/01/2021; A, 04/01/2022; A/E, 10/1/2022]