New Mexico Register / Volume XXXIV, Issue 11 / June 13, 2023
This is an amendment
to 8.102.501 NMAC, Section 8, 9, 10, 11 and 12 effective
7/1/2023.
8.102.501.8 TRANSITION
BONUS PROGRAM:
A. Purpose: The TBP provides a limited duration and fixed
month cash assistance bonus incentive to encourage NMW families to leave NMW
cash assistance, participate in the TBP by [maintain] maintaining
a certain number of hours in paid employment and leave the TBP due to increased
earnings. This program also provides
supportive services on an ongoing basis, provided that the participant is
eligible to receive the services during the months provided.
B. Method of payment: TBP payments are paid by issuing
funds into an electronic benefits transfer (EBT) account accessible to the
participant. In some circumstances
benefits may be issued by warrant.
C. Fixed benefit amount: A non-prorated, benefit amount of $200.00
will be given to all TBP participants under [150%] one hundred fifty
percent of federal poverty guidelines.
The benefit can be reduced to recoup an existing cash assistance
overpayment in accordance with [8.102.640 NMAC] 8.100.640 NMAC. The benefit will be countable for the benefit
group’s eligibility for [food stamp] SNAP and Medicaid benefits
unless otherwise excluded.
D. Lifetime limits:
(1) The TBP benefit shall not
be provided to an adult, minor head of household or the spouse of a minor head
of household for more than 18 months during the individual's lifetime. A benefit group as defined at 8.102.400 NMAC
shall be ineligible if the benefit group contains at least one adult, minor
head of household or spouse of the minor head of household who has received 18
or more months of the TBP benefit.
(2) Any month in which an adult, a minor head of household, or the spouse of
a minor head of household, has received full or partial TBP benefit shall be
considered a month of receipt and shall be counted towards the 18 month
lifetime limit for any benefit group in which that individual is a member.
(3) [Participants who have received less than
or equal to 30 months of NMW and are approved for the TBP program shall have
each month of receipt of the TBP benefit count toward the 60 month lifetime
limit for NMW eligibility until the 30th month is received.] Participants who receive state funded TBP
shall not have any month received count towards their 60-month lifetime limit
for NMW eligibility.
(4) [Participants who have received more than
or equal to 31 months and up to 60 months of NMW and are approved for the TBP
program shall not have each month of receipt of the TBP count toward the 60
month lifetime limit for NMW eligibility.]
Participants who receive federally funded TBP shall have each month
received count
toward the 60-month lifetime limit for NMW eligibility.
(5) When state and federal funds are
appropriated, the lifetime limit will be applied as follows:
(a) any participant who has received 31 months or
more of TANF will receive state funds;
(b) any participant who has received 30 months or
less will receive federal funds.
E. Initial eligibility:
(1) The TBP program shall be subject to all federal and state NMW cash assistance application, eligibility, certification and reporting requirements, except where specified within the TBP regulations. Resources of the budget group are excluded in determining eligibility for the TBP.
(2) Application requirements: Active
NMW benefit groups that meet the qualifications and eligibility requirements
for the TBP shall be eligible without an application. An application will be required if the NMW
case is closed.
(3) The TBP shall be available only to a benefit group that meets all of the following criteria:
(a) does not simultaneously participate in the
NMW program;
(b) has left the NMW cash assistance program;
(c) meets all TBP requirements and voluntarily chooses to participate in the program;
(d) is
currently engaged in paid unsubsidized or subsidized employment, except for
subsidized employment funded with TANF,
for a minimum of 30 hours per week [and averaged over a month] and
earnings paid at federal minimum wage, or if self-employed, working a minimum
of 30 hours per week, and receiving weekly earnings at least equal to the
federal minimum wage multiplied by 30 hours;
(e) has gross income that does not exceed [150%] one hundred fifty
percent of federal poverty guidelines;
(f) has received NMW funded cash assistance for at least three months and one
of the last three months; and
(g) does not include an adult, minor head of household or spouse of the minor
head of household that participated in the TBP for 18 months in their lifetime
or 60 months of TANF.
(4) Eligibility for the TBP shall be prospective for a six month period up to
a lifetime limit of 18 months.
F. In accordance with Subsection B of
8.102.500.8 NMAC, income eligibility limits for the TBP will be revised and adjusted
each year in October.
[8.102.501.8 NMAC -
N, 7/1/208; A, 8/14/2009; A, 7/1/2023]
8.102.501.9 CONTINUED ELIGIBILITY:
A. Six month
reporting requirement: All benefit
groups participating in the TBP shall be assigned to a six month reporting
requirement. A benefit group assigned to
a six month reporting shall be required to file a six month report no later
than the tenth day of the sixth month or in conjunction with the [food stamp
semiannual] interim report or SNAP recertification [report],
whichever is appropriate. The benefit
group must include the following information along with verification:
(1) any change in benefit group composition, whether a member has moved in or
out of the home along with the date, the change took place;
(2) the amount of money received from employment by each benefit group
member;
(3) the amount of unearned income received by each benefit group member;
(4) verification for residence, only if, there has been a change in residence
since the last certification;
(5) changes in child support receipt; and
(6) changes in alien status for a benefit group
member.
B. Continued
eligibility at the six month reporting:
For continued TBP eligibility, the benefit group must meet all of the following criteria:
(1) engaged in paid unsubsidized employment for at least 30 hours per week,
averaged over a month, for at least four of the last six months;
(2) have earnings from paid unsubsidized employment that do not exceed [150%]
one hundred fifty percent of the federal poverty guidelines; and
(3) have not reached the benefit group’s 18 month TBP lifetime limit or
60-month lifetime limit as an adult, minor head of household or spouse of a
minor head of household.
C. Action on
changes reported between reporting periods for benefit groups assigned to six
month reporting:
(1) The department shall not act on reported changes between reporting
periods that would result in a decrease in benefits with the following
exceptions:
(a) a benefit group reports income in excess of [150%]
one hundred fifty percent of federal poverty guidelines for size of the
benefit group;
(b) a benefit group reports loss of paid
unsubsidized employment;
[(b)] (c) a
benefit group reports, or the department receives documented evidence that the
benefit group has moved from the state or intends to move from the state on a
specific date;
[(c)]
(d) a benefit group
requests closure;
[(d)]
(e) the department receives
documented evidence that the head of the benefit group has died; or
[(e)]
(f) at the time of a mass
change.
(2) A newborn shall be added to the benefit group effective the month following
the month the report is received, if the addition is reported to the agency by
the benefit group or by the hospital for medicaid
purposes.
D. Notice: An eligible benefit group that qualifies and is eligible for the bonus shall be issued notice in accordance with policy at 8.102.110.13 NMAC and for the following circumstances:
(1) Approval: An approval notice shall be
issued at the time the benefit group is determined eligible. The approval notice shall identify the amount
of approval and recertification date.
(2) Benefit change: A benefit group shall be issued a notice at
the time the benefit group is increased or decreased. The amount of benefit is subject to change
due to the availability of state or federal funds.
(3) Ineligibility: A
benefit group shall be issued a notice when the benefit group no longer
qualifies or is not eligible for the TBP due to a reportable change or at time
of interim reporting.
[8.102.501.9 NMAC -
N, 7/1/208; A, 8/14/2009; A, 7/1/2023]
8.102.501.10 BENEFIT ISSUANCE AND DELIVERY:
A. Benefit issuance: The
TBP benefits are issued and placed into a benefit group’s electronic benefit
transfer (EBT) cash assistance account as defined in 8.102.610.8 NMAC.
B. Supportive services: Participants
of the TBP shall be eligible to receive NMW case management and supportive
services in accordance with 8.102.620.14, 8.102.620.15, and 8.102.620.16 NMAC.
C. Special allowances: A
special clothing allowance for school age children and layette payment shall be
issued pursuant to 8.102.500.8 NMAC.
D. Expungement: The
TBP benefit shall be subject to expungement in accordance with 8.102.610.9
NMAC.
E. Issuance and replacement of EBT card: To
access and use the TBP benefit, the benefit group may use the same EBT card
issued for the cash assistance benefits.
F. Approval notification: Upon
approval of the [retention] transition bonus program benefit, the
household shall be notified of the new benefit amount and the notice shall be
mailed to the applicant per 8.102.110.13 NMAC.
[8.102.501.10 NMAC -
N, 7/1/208; A, 8/14/2009; A, 7/1/2023]
8.102.501.11 NMW PARTICIPATION REQUIREMENTS: [An]
A TBP recipient will be encouraged to participate in work program
activities and shall be expected to attend and complete all required
activities. such as the assessment, individual responsibility plan (IRP), work
participation agreement (WPA) and monthly participation requirements in
accordance with 8.102.460 NMAC if not otherwise meeting. Participation requirements apply to each
benefit group member whether the benefit group is considered
to be a two-parent or single-parent benefit group. No TBP participant shall be sanctioned for NMW
non-cooperation.
A. Work participation agreement activity will
include:
(1) 30 hours a week engaged in paid employment at
federal minimum wage, or if self-employed, working a minimum of 30 hours per
week, and receiving weekly earnings at least equal to the federal minimum wage
multiplied by 30 hours.
(2) Career development that will lead towards
meaningful employment.
B. Failure to comply with Subsection A of
8.102.501.11 NMAC will result in closure of TBP and return to regular TANF.
C. Regain eligibility: A participant can regain eligibility by
showing they are complying with the TBP NMW participation requirements.
[8.102.501.11 NMAC -
N, 7/1/208; A, 8/14/2009; A, 04/01/2012; A, 7/1/2023]
8.102.501.12 SUSPENSION
OF PROGRAM: The TBP payment for all benefit groups may be
denied for a designated time period based on limited
state or federal funds. During program
suspension disposition of applications shall be made pursuant to 8.106.110.16
NMAC.
A. Application disposition:
All applications for TBP
shall be denied under this provision without consideration of eligibility.
(1) Interview: TBP
applications denied on the basis of suspension shall
not require an interview to meet the requirements specific to TBP, other
categories of assistance requested by the applicant may require an interview to
determine eligibility.
(2) Payment of assistance: There
shall be no payment to the TBP recipient during the designated suspension
period and any right to the payment is lost.
Retroactive payments for pending applicants shall be authorized for
months prior to a designated suspension period.
B. Notice to recipient and applicant: No
later than 60 days prior to the effective change the department shall provide
transition bonus recipients appropriate notice regarding suspension or
restoration of the grant based on the availability of state or federal
funds. The notice shall include the
citation to the state statute and regulation and fair hearing rights.
C. Public notice: The
department shall issue a public notice 60 days prior to the changes made based
on the availability of state or federal funds.
Public notice shall include effective date of change and right to fair
hearing consistent with mass change requirements at 8.100.180.15 NMAC.
D. Claims:
Claims for
overpayments shall be established in accordance with regulations outlined at 8.100.640.11
NMAC.
E. Expungement: Cash assistance benefits will be expunged in accordance with regulations
outlined in Subsection B of 8.102.610.9 NMAC.
[8.102.501.12 NMAC -
N, 11/15/2010; A, 7/1/2023]