New Mexico Register / Volume XXXIII, Issue 6 / March 22, 2022

 

 

This is an amendment to 8.139.520 NMAC, Section 11 effective 04/01/2022.

 

8.139.520.11        GENERAL DEDUCTIONS

                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, a household shall be allowed deductions, where applicable, to make a final eligibility and benefit amount determination.  Households that include elderly or disabled members, as defined, automatically qualify for deductions; eligibility is determined based on net rather than gross income.

                B.            Standard deduction:  All households are allowed a standard deduction from income.  The standard deduction is listed in Paragraph (3) of Subsection F of 8.139.500.8 NMAC, tables, and is adjusted effective every October 1st.

                C.            Earned income deduction:  Twenty percent (20%) of gross earned income shall be deducted.  Excluded income is not used for purposes of computing the earned income deduction.

                                (1)           Computing an overissuance:  The earned income deduction (EID) shall not be allowed when calculating the income to be used in determining an overissuance which is due to the failure of a household to report earned income in a timely manner.

                                (2)           Work supplementation programs:  The EID shall not be allowed for any amount of income which is earned under a work supplementation or support program and is attributable to public assistance.

                D.            Medical deductions:  Allowable medical deductions include:

                                (1)           Elderly/disabled:  Medical expenses in excess of $35.00 per month, excluding special diets, incurred by any household member who is elderly or disabled.

                                (2)           Emergency SSI:  Individuals receiving emergency SSI benefits based on presumptive eligibility shall be eligible for the medical deduction.

                                (3)           Death:  A medical expense incurred by a household member who dies shall be allowed as a deduction if the member was eligible for the deduction at the time of death and if the remaining household members are legally responsible for payment.

                                (4)           Hospital/outpatient/nursing home:  Medical expenses, such as hospitalization or outpatient treatment, nursing care and nursing home care, including payments by a household for an individual who was an eligible household member immediately before entering a hospital or nursing home facility recognized by the state, are allowable deductions.

                                (5)           Not eligible:  Spouses, children or other individuals in the household who are not elderly or disabled, shall not be entitled to claim the medical deduction.

                                (6)           Allowing medical expenses:

                                                (a)           One-time only expense:

                                                                (i)            A household may choose to have a one-time only expense, reported at certification, deducted in a lump sum or averaged over the certification period.

                                                                (ii)           If a household incurs a one-time medical expense and has made arrangements with the provider to make monthly installments (beyond the current certification period), the expense may be allowed each month as arranged.

                                                                (iii)         A household reporting a one-time only medical expense during its certification period may choose to have a one-time deduction or to have the expense averaged over the remaining months of the certification period.

                                                (b)           Households certified for 24 months:  A household certified for 24 months cannot have a one-time medical expense averaged over the 24-month certification period.

                                                                (i)            A one-time medical expense may be deducted in the first month of the 24-month certification period; or the one-time medical expense may be deducted and averaged over the first 12 months of the 24-month certification period.

                                                                (ii)           One-time medical expenses reported after the first 12 months of the certification period shall be averaged over the remaining months.

                                                (c)           Expense in last month of certification:  If a household is billed for and reports an expense during the last month of its certification period, the deduction shall not be allowed.  If the expense will be paid in installments during the following certification period, the deduction shall be allowed during the appropriate number of months in the subsequent certification period.

                                                (d)           Fluctuating expenses:  Fluctuating medical expenses shall be allowed as deductions if regularly recurring, reasonably anticipated, and verified.  Once determined, the household is not required to report changes of $25 or less or reverify expenses each month.

                                                (e)           Anticipated changes in expenses:  At certification and recertification the household must report and verify all medical expenses.  The household's monthly medical deduction for the certification period shall be based on:

                                                                (i)            anticipated changes in the household's medical expenses that can reasonably be expected to occur during the certification period based on available information about the recipients medical condition, public or private insurance coverage, and current verified medical expenses; and

                                                                (ii)           expenses that occurred during the certification period that will continue in the new certification period; and

                                                                (iii)         consideration of unpaid and past due medical expenses that will continue in the certification period.

                                                (f)            If a household reports an allowable medical expense at the time of certification but cannot provide verification at that time, and if the amount of the expense cannot be reasonably anticipated based upon available information about the recipients' medical condition and public or private medical insurance coverage, the household shall have the nonreimbursable portion of the medical expense considered at the time the amount of the expense or reimbursement is reported and verified.

                                                (g)           A household shall not be required to file reports about its medical expenses during the certification period.  If a household voluntarily reports a change in its medical expenses, the caseworker shall act on the change in accordance with regulations in (c) of Paragraph (1) of Subsection B of 8.139.120.10 NMAC.

                                (7)           Past due and unpaid medical expenses:  The medical expense deduction shall not be determined by averaging past due or unpaid monthly medical expenses.  Such expenses shall be used only as an indicator of what can reasonably be anticipated.  Medical expenses which the household might reasonably anticipate receiving include but are not limited to costs of medical services and treatment received regularly, but less often than monthly, and prescription drugs.

                                (8)           Medical and dental care:  Medical and dental care, psychotherapy, and rehabilitation services, provided by licensed practitioners authorized by state law, or other qualified health professional, shall be allowed as medical expense deductions.  State licenses in New Mexico are authorized by occupational licensing boards.  A state-licensed practitioner has such a license.  Native American practitioners (medicine men) are not licensed, but are recognized as health practitioners for this purpose.

                                (9)           Prescription drugs and medical supplies:  Prescription drugs, when prescribed by a licensed practitioner authorized under state law, and over-the-counter medications (including insulin) when approved by a licensed practitioner or other qualified health professional, shall be allowed as deductions.  In addition, costs for medical supplies, sick-room equipment (including rental), or other prescribed equipment are deductible.

                                (10)         Health and hospitalization/medicare premiums:  Health and hospitalization insurance premiums, and medicare premiums, as well as any cost sharing or spend-down expenses incurred by medicaid recipients, are allowable deductions.  If a medical insurance policy includes benefits for household members not eligible for a deduction, only that portion of the premium assigned to the eligible member(s) may be considered a deduction.  In the absence of specific information about how much of the premium is for the eligible member(s), a pro rata amount may be used.  This system may be used even if the policy holder does not qualify for the deduction but the policy includes a person(s) who does qualify.  The cost of life or health and accident policies, such as those payable in lump sum settlements for death or dismemberment, or income maintenance policies that continue mortgage or loan payments while the beneficiary is disabled, are not deductible.

                                (11)         Transportation and lodging costs:  Reasonable costs of transportation and lodging to obtain medical treatment or services are deductible.  The allowance for mileage in privately owned vehicles is the same as the amount allowed state employees.  Lodging costs may not exceed the daily expense amount allowed (per diem) for state employees.

                                (12)         Maintaining an attendant:  Costs of maintaining an attendant, homemaker or home health aide, child care services, or housekeeper that are necessary because of age, infirmity, or illness are deductible medical expenses.  In addition, an amount equal to the food stamp benefit amount for one person is deductible if the household furnishes the majority of the attendant's meals.  The food stamp benefit amount for the meal-related deduction is the one in effect at the time of initial certification.  The caseworker shall update the food stamp benefit amount for meals at the next scheduled recertification.  If a household incurs attendant care expenses that could qualify under both the medical deduction and the dependent care deduction, the caseworker shall treat the expense as a medical expense.

                                (13)         Other expenses:  Other deductible expenses include but are not limited to:

                                                (a)           dentures, hearing aids, prosthetics;

                                                (b)           securing and maintaining a seeing-eye or hearing dog, or other service animal, including the cost of dog food and veterinary bills; and

                                                (c)           eyeglasses or contact lenses prescribed by an ophthalmologist or an optometrist.

                                (14)         Prescription drug card expense:

                                                (a)           An individual participating in the food stamp program who has enrolled for the medicare-approved drug discount card shall have $23.00 credited to the monthly medical expense allowed for that individual.

                                                (b)           An individual participating in the food stamp program who receives a $600.00 transitional assistance credit on the medicare-approved drug discount card for the calendar years 2004 and 2005 shall have $50.00 credited to the monthly medical expense allowed for that individual for each month after September 2004, through December 2005, and not beyond that month.

                E.            Dependent care expenses:

                                (1)           Deductible amounts:  Payments may be deducted for the actual cost of the care of children or other dependents when necessary for a household member to accept or continue employment, comply with E&T work requirements, or an equivalent effort by those not required to comply with E&T work requirements, or attend training or pursue education which is preparatory to employment or leads to a degree.  [An amount up to the maximum allowed may be deducted for each child requiring dependent care (See Paragraph (3) of Subsection F of 8.139.500.8 NMAC, deductions and standards)] Allowable costs include:

                                                (a)           the costs of care given by an individual care provider or care;

                                                (b)           transportation costs to and from the care facility; and

                                                (c)           activity or other fees associated with the care provided to the dependent that are necessary for the household to participate in the care.

                                (2)           Household member provides care:  If a household member provides dependent care, the payment is neither income to the payee nor a deduction for the payor (see Subsection A of 8.139.500.11 NMAC).

                                (3)           Income excluded/deduction allowed:  Households whose dependent care costs are paid in accordance with 8.139.527 NMAC, income and resources excluded by federal law, shall be entitled to a dependent care deduction only for the amount of the child care expense not reimbursed by a work program or transitional day care (TDC) program. Child care expenses reimbursed or paid by a work program or TDC are not deductible.

                F.            Household expenses:

                                (1)           Shelter expenses:

                                                (a)           Definition:  Continuing charges for the shelter occupied by a household include rent, mortgage payment, or other continuing charges leading to the ownership of the shelter, such as loan repayments for the purchase of a mobile home and interest on such payments.  If payments are made on more than one mortgage on the home, each payment is counted for the period the payment is intended to cover.  Security deposits on rental property and downpayments for the purchase of a home are not allowed as shelter expense deductions.  Closing costs shall not be allowed as a shelter expense, unless the closing costs can be itemized to identify costs that are allowable deductions, such as insurance and property taxes.

                                                (b)           Excess shelter expense deduction:  Monthly shelter expenses in excess of fifty percent (50%) of a household's income, after all other deductions have been allowed may be deducted, subject to the following restrictions:

                                                                (i)            The shelter deduction may not exceed the maximum amount indicated in Paragraph (3) Subsection F of 8.139.500.8 NMAC, unless the household contains a member who is elderly or disabled, as defined.

                                                                (ii)           Households may not claim shelter expenses if the expense shall be paid as a vendor payment by an individual or organization outside the household.

                                                                (iii)         The household must be responsible for payment of the shelter expense; however the household need not have paid the expense to claim the deduction.  A current billing statement is used to establish the expense.  The expense may not be allowed more than once.

                                (2)           Taxes and insurance:  Property taxes, state and local assessments, and insurance on the structure itself, but not separate costs for insuring furniture or personal belongings, are deductible expenses.

                                (3)           Natural disasters:  Expenses for the repair of a home that has been substantially damaged or destroyed by a natural disaster such as fire or flood may be deducted.  Expenses shall not be allowed if the household has been or will be reimbursed by public or private relief agencies, insurance companies, or any other source.  Expense deductions are limited to the repair of the home and not its furnishings.

                                (4)           Costs of temporarily unoccupied home:

                                                (a)           If the home is temporarily unoccupied by a household because of employment or training away from home, illness, or abandonment caused by a natural disaster or casualty loss, the shelter costs for the home may be deducted.  However, a household may claim only one SUA.

                                                (b)           For costs of a home vacated by the household to be included in its shelter costs:

                                                                (i)            the household must intend to return to the home;

                                                                (ii)           the current occupants of the home, if any, cannot be claiming shelter expenses for food stamp purposes;

                                                                (iii)         the home cannot be leased or rented during the household's absence.

                                                (c)           Verification is required of households claiming this deduction if the cost is questionable or would result in a deduction.

                                (5)           Maximum deduction limit adjustment:  The maximum deduction limit for excess shelter expenses will be revised as required by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as follows:  effective January 1, 1997 through September 30, 1998, the deduction will be $250; from October 1, 1998 through September 30, 2000 the deduction will be $275; and effective from October 1, 2000 the deduction will be $300; and will remain so indefinitely.

                                (6)           Homeless shelter standard:  A household in which all household members are defined as homeless, within the definition at Paragraph (40) of Subsection A of 8.139.100.7 NMAC, shall be allowed the homeless shelter standard if the household incurs any shelter expenses at any time during the month.

                                                (a)           The homeless household may claim actual shelter expenses if the expenses exceed the homeless shelter standard and the expenses are verified.  Verification standards at Subsection A of 8.100.130.15 NMAC and 8.100.130.9 NMAC shall be used to verify shelter expenses, as well as other reasonable documentation determined to establish the homeless household’s actual expenses.

                                                (b)           The caseworker shall assist the homeless household in determining whether claiming the homeless shelter standard or actual expenses would be most beneficial to the household.

                                                (c)           The homeless shelter standard shall be deducted from the household's countable net income.

                                (7)           Utility expenses:

                                                (a)           Allowable expenses for the mandatory utility standards:  Allowable expenses that may be used to determine the mandatory utility standards include the cost of home heating or cooling; cooking fuel; electricity; water and sewerage; garbage and trash collection fees; the service fee for one telephone, including but not limited to, basic service fees, wire maintenance fees, subscriber line charges, relay center surcharges, 911 fees, taxes; and fees charged by the utility provider for initial installation of the utility.

                                                                (i)            A one-time deposit is not allowed as a utility expense.

                                                                (ii)           Expenses billed to a landlord or housing unit, but separately identifiable from the rent as an expense to the household, are allowable expenses.

                                                                (iii)         A household shall not be allowed actual utility expenses, even if the expenses exceed the amount of the mandatory utility standard for which the household is eligible.

                                                                (iv)          A household that is determined eligible for a mandatory utility standard deduction shall receive only one standard deduction during the household's food stamp certification period.

                                                (b)           Mandatory heating or cooling standard:  A food stamp household shall be allowed the heating/cooling standard utility allowance (HCSUA) during the household's certification period.  The HCSUA includes all utility expenses for heating or cooling the household's home.  The household's heating or cooling expense must be billed separately from other shelter expenses.   The HCSUA shall be allowed if the household:

                                                                (i)            incurs a heating or cooling expense separate from other shelter expenses; or

                                                                (ii)           receives or received a direct payment or a payment is made on behalf of the household under the Low Income Home Energy Assistance Act of 1981; or

                                                                (iii)         receives or received a payment or a payment is made on behalf of the household under any other similar energy assistance program as long as the household still incurs out-of-pocket heating or cooling expenses in excess of the energy assistance provided; or

                                                                (iv)          lives in a public housing unit that has central utility meters, incurs a heating or cooling expense, and the household is charged only for excess heating or cooling usage.

                                                (c)           Mandatory limited utility standard:  A food stamp household shall be allowed a limited utility allowance (LUA) if the household does not incur a heating or cooling expense but does incur two or more of the following expenses:

                                                                (i)            electricity or fuel, for purposes other than heating or cooling;

                                                                (ii)           water;

                                                                (iii)         sewerage;

                                                                (iv)          well and septic tank installation or maintenance;

                                                                (v)           garbage or trash collection; and

                                                                (vi)          one telephone.

                                                (d)           Mandatory telephone standard:  A food stamp household shall be allowed the telephone standard if the household incurs an expense only for the telephone used by the household.  The telephone standard shall be allowed for only one telephone charge for the residence.

                G.            Child support deduction:  A deduction shall be allowed for child support payments paid by a household member to or for a non-household member, provided that the household member has a legal obligation to pay child support and such payments are being made.

                                (1)           Legal obligation and verification:  The household's legal obligation to pay child support, the amount of the obligation, and the monthly amount of child support the household actually pays shall be verified.  Any document that verifies the household's legal obligation to pay child support, such as a court or administrative order, or legally enforceable separation agreement shall be acceptable verification.  Documents that are accepted as verification of the household's legal obligation to pay child support shall not be accepted as verification of the household's actual monthly child support payments.  Actual payment of child support shall be verified by documentation including, but not limited to, cancelled checks, wage withholding statements, verification of withholding from unemployment compensation, and statements from the custodial parent regarding direct payments or third party payments the non-custodial parent pays or expects to pay on behalf of the custodial parent.  The department shall be responsible for obtaining verification of the household's child support payments if the payments are made to the child support enforcement division.

                                (2)           Determining the deduction amount:

                                                (a)           Household with at least three months of payment history:  Average the last three month period, taking into account any anticipated changes in the legal obligation.  This average is the child support deduction amount.  In the event that the client has at least a three month payment history and the payment includes arrearages, the amount paid toward arrearages shall be used in the average.

                                                (b)           Household with less than three months of payment history:  The department shall estimate the anticipated payments according to the obligation and discussion with the client.  This anticipation shall not include payments toward arrearages.

                H.            Nondeductable expenses:

                                (1)           Excluded reimbursement/vendor payments:

                                                (a)           That portion of any allowable expense that is reimbursed to the household or that is paid through a vendor payment to a third party is not allowable as a deduction.

                                                (b)           Actual utility expense deductions or the SUA, as appropriate, shall be allowed for households receiving payments from LIHEAP, or receiving energy assistance payments under a program other than LIHEAP, as long as the household continues to incur out-of-pocket expenses for home heating or cooling.

                                                (c)           A reimbursement paid by HUD or FmHA to a household, or indirectly to a utility provider, is not allowed as a deductible expense.

                                                (d)           A household receiving HUD or FmHA utility reimbursements shall be entitled to the SUA if it incurs heating or cooling costs exceeding the amount of excluded utility reimbursements.

                                (2)           Household member provides service:

                                                (a)           When one household member pays another household member to provide a product or service, the money that is exchanged is neither an expense for one nor income for the other household member.  Expenses are deductible only when a product or service is provided by someone outside the household and the household makes a money payment for the product or service.

                                                (b)           Similarly, income is not counted for one household member who is paid by another household member to obtain wood for home heating.  The actual cost of the wood is allowed as a utility expense if an outside money payment is made.  Money exchanged between household members is not considered income to the individual receiving the money and is not an expense to the member paying it.

                                (3)           Past due shelter expenses:  Payment on delinquent rent, mortgage, property taxes or utilities are not allowed as deductible expenses even if not previously billed.

[2/1/1995, 12/17/1996, 7/1/1997; 8.139.520.11 NMAC - Rn, 8 NMAC 3.FSP.525.8, 05/15/2001; A, 02/14/2002, A, 09/01/2003; A/E, 10/01/2004; A, 04/01/2022]