New Mexico Register / Volume XXXV, Issue 13 / July 16, 2024

 

 

TITLE 8              SOCIAL SERVICES

CHAPTER 139  FOOD STAMP PROGRAM

PART 120           CASE ADMINISTRATION - CASE MANAGEMENT

 

8.139.120.1          ISSUING AGENCY:  New Mexico Health Care Authority.

[8.139.120.1 NMAC - Rp 8.139.120.1 NMAC, 7/16/2024]

 

8.139.120.2          SCOPE:  General public.

[8.139.120.2 NMAC - Rp 8.139.120.2 NMAC, 7/16/2024]

 

8.139.120.3          STATUTORY AUTHORITY:  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.  Section 9-8-1 et seq. NMSA 1978 establishes the health care authority (HCA) as a single, unified department to administer laws and exercise functions relating to health care facility licensure and health care purchasing and regulation.

[8.139.120.3 NMAC - Rp 8.139.120.3 NMAC, 7/16/2024]

 

8.139.120.4          DURATION:  Permanent.

[8.139.120.4 NMAC - Rp 8.139.120.4 NMAC, 7/16/2024]

 

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

[8.139.120.5 NMAC - Rp 8.139.120.5 NMAC, 7/16/2024]

 

8.139.120.6          OBJECTIVE:  Issuance of the revised supplemental nutrition assistance program (SNAP) policy manual is intended to be used in administration of SNAP in New Mexico.  This revision incorporated the latest federal policy changes in SNAP not yet filed.  In addition, current policy citations were rewritten for clarification purposes or were simply reformatted.  Issuance of the revised policy manual incorporated a new format which is the same in all income support division policy manuals.  A new numbering system was designated so that similar topics in different programs carry the same number.  The revised format and numbering standards were designed to create continuity among ISD programs and to facilitate access to policy throughout the HCA.

[8.139.120.6 NMAC - Rp 8.139.120.6 NMAC, 7/16/2024]

 

8.139.120.7          DEFINITIONS:  [RESERVED]

 

8.139.120.8          RECERTIFICATION:  When a household's certification period expires, its eligibility to participate in SNAP ends.  SNAP benefits will not be continued beyond the certification period.  Timely applications for recertification will be approved or denied before the end of the current certification period.  ISD must establish procedures for notifying households of expiration dates, providing application forms, scheduling interviews, and recertifying eligible households prior to the expiration of certification periods.

               A.           Notice and time standards:  ISD shall provide households certified for one month or certified in the second month of a two-month certification period a notice of expiration (NOE) at the time of certification.  ISD shall provide other households the NOE before the first day of the last month of the certification period, but not before the first day of the next-to-the-last month.  Jointly processed Public Assistance (“PA”) (as defined at 7 C.F.R. 271.2), and General Assistance (“GA”) (as defined at 7 C.F.R. 271.2) households need not receive a separate SNAP notice if they are recertified for SNAP at the same time as their PA or GA redetermination.  Every household will be provided with a notice of expiration, as follows:

                              (1)          For a household certified for one or two months, the notice of expiration will be provided at the time of certification.  The household will have 15 days from the date the notice is received to submit a timely application for recertification.  The household will be approved and provided an opportunity to participate, if eligible, or be denied, within 30 days after obtaining its last SNAP benefit amount.

                              (2)          For all other households, a notice of expiration will be sent by HCA prior to the start of the last month of the household's certification period.  A household has reapplied timely if the application for recertification is filed by the 15th day of the last month of the household's certification period.

                              (3)          ISD will complete the application process if the household meets all requirements and finishes the necessary processing steps; ISD will approve or deny timely applications before the end of the household's current certification period.

               B.           Failure to submit timely application:

                              (1)          A household that does not submit an application for recertification by the 15th day of the expiration month loses its right to uninterrupted benefits.

                              (2)          SNAP benefits will be prorated from the date of application if a household's application is received in the month after its certification period has expired or participation has been terminated for any reason.

                              (3)          ISD will ensure that any eligible household that does not submit a timely application for recertification be provided the opportunity to participate, if eligible, within 30 calendar days after the date the application is filed.

               C.           ISD caused delayed processing:  If an eligible household files an application before the end of the certification period but the recertification process cannot be completed within 30 days after the date of application because of ISD fault, ISD must continue to process the case and provide a full month's allotment for the first month of the new certification period, and will send a delay notice in accordance with Subsection D of 8.139.110.13 NMAC.  If the household fails to take required action, ISD may deny the case at the time of application, at the end of the certification period, or at the end of 30 days.  ISD shall determine cause for any delay in processing a recertification application in accordance with the provisions of 7 C.F.R. 273.2(h)(1).

               D.           Scheduling interviews:  ISD shall schedule interviews so that the household has at least 10 days after the interview in which to provide verification before the certification period expires.  A household will not be required to appear for an interview, or to file an application for recertification, in the month before the last month of its current certification period.  An interview may be scheduled in the month before the last month of certification, or prior to the date the application is timely filed, provided the household is not denied for failing or refusing to appear for the interview.  If an interview was scheduled, or if household member or authorized representative failed to attend an interview which was scheduled prior to the date a household files a timely application, ISD will schedule an interview on or after the date an application is timely filed.

               E.           Failure to appear:  If a household member or authorized representative fails to appear for a recertification interview scheduled on or after a timely application is filed, the household loses the right to uninterrupted participation.  ISD shall send the household a notice of missed interview that may be combined with the notice of denial.  If a household misses its scheduled interview and requests another interview, the ISD shall schedule a second interview.  The household is responsible for rescheduling a missed interview.

               F.            Prospective eligibility determination:  A household's eligibility and SNAP benefit amount at recertification will be determined prospectively based on circumstances anticipated for the certification period, beginning with the month following the expiration of the current certification period.

               G.           Eligibility and benefits:  Eligibility will be determined at recertification according to the standards described below.

                              (1)          Timely reapplication:  Applications filed before the 15th of the expiration month will be considered timely.  A household member or authorized representative that attends an interview and provides all necessary verification by the end of the household's current certification period, will have the opportunity to participate by the household's normal issuance cycle in the month following the end of the current certification period, if all eligibility factors have been met.

                              (2)          Reapplication after the 15th:  If an application for recertification is submitted after the 15th but before the end of a household's certification period and the household is determined eligible for the first month following the end of the certification period, that month is not considered an initial month and benefits are not prorated.

                              (3)          First month ineligibility:  If an application for recertification is submitted before the end of a household's certification period, but the household is determined ineligible for the first month following the end of the certification period, the first month of any subsequent certification period will be considered an initial month and SNAP benefits will be prorated.

                              (4)          Late applications:

                                             (a)          Recertification verification standards, in accordance with Paragraph (2) of Subsection C of 8.139.110.12 NMAC, will be used when an application is received within 30 days after the certification period expires.  Initial month verification standards, in accordance with Paragraph (1) of Subsection C of 8.139.110.12 NMAC, will be used if the application is received more than one calendar month after the certification period expires or the case has been closed for any reason.

                                             (b)          Initial month certification provisions and proration of benefits for migrant and seasonal farmworker households will apply when more than 30 days have passed since the household was certified for participation.  (See 8.139.400.14 NMAC for more information on migrant and seasonal farmworker households).

                              (5)          Pending verification:  A household member or authorized representative that has reapplied timely, attended an interview, and is required to provide verification, will be given 10 days to provide the verification, or until the certification period expires, whichever is longer.  If the certification period expires before the 10-day deadline for submitting the required verification, the household will have the opportunity to participate, if eligible, within five working days after verification is submitted.  The household is entitled to a full month's benefits.

[8.139.120.8 NMAC - Rp 8.139.120.8 NMAC, 7/16/2024]

 

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 10th 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 10th day of the 12-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 their 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 $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 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 8.139.420.8 and 8.139.420.9 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 $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 10th 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 HCA 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.

[8.139.120.9 NMAC - Rp 8.139.120.9 NMAC, 7/16/2024]

 

8.139.120.10       [RESERVED]

 

8.139.120.11       [RESERVED]

 

8.139.120.12       [RESERVED]

 

8.139.120.13       REQUIREMENTS FOR MASS CHANGES:

               A.           Mass changes:  Certain changes initiated by the state or federal government may affect the entire caseload or significant portions of it.

                              (1)          Mass changes include, but are not limited to, increases in excluded or deducted items or amounts.

                              (2)          Mass changes affecting income include annual adjustments to social security, SSI, and other federal benefit programs, and any other changes in eligibility criteria based on legislative or regulatory actions.

                              (3)          Information concerning mass change notice and hearing requirements are set forth in 8.100.180.15 NMAC.

                              (4)          Notice of mass changes:  Adverse action notices are not required for mass changes resulting from federal adjustments to eligibility standards, the maximum SNAP allotment, standard deduction, shelter deduction, and state adjustments to the mandatory utility standard.  Announcement of anticipated mass changes may be made through the media, posters in ISD offices, and other likely places frequented by households, or through a general notice mailed to a participating household.  When HCA makes a mass change in food stamp eligibility or benefit amount affecting the entire caseload or a part of it, affected households shall be mailed a notice of any change, reduction or termination of benefits.  HCA shall issue a notice to affected households as far in advance of the household's next scheduled issuance date as is reasonably possible, but by no later than the date the affected benefit is issued.

               B.           Federal changes:  Authorized adjustments which may affect SNAP benefit amount for participating households include the maximum SNAP allotment, standard deduction, excess shelter and dependent care deductions, and income eligibility standards.  These changes go into effect for all households annually on October 1.  Adjustments to federal standards are made prospectively.

               C.           Cost of living adjustments:  Cost of living increases and any other mass changes in federal benefits, such as social security and SSI benefits, shall be treated as mass changes for SNAP purposes.  ISD is responsible for automatically adjusting a household's SNAP benefit amount to reflect such a change.  Households shall not be responsible for reporting these changes.

               D.           Mass changes in public assistance:  When overall adjustments to cash assistance payments are made, corresponding adjustments in SNAP benefits shall be handled as a mass change.  Households shall be given advance notice of any adjustment in the SNAP benefit amount.  If a household requests a fair hearing, benefits shall continue at the former amount only if the issue being appealed is that eligibility or SNAP benefit amount was determined incorrectly.

               E.           Utility standard:  Authorized adjustments shall be effective for all October SNAP issuances. Households whose certification periods overlap annual adjustments in the state’s mandatory utility allowance shall be informed at the time of certification that the adjustment shall be effective in October 1; the household shall be informed of the adjusted benefit amount, if known at the time of certification.  Adjustments in the state’s mandatory utility allowance are made prospectively.

[8.139.120.13 NMAC - Rp 8.139.120.13 NMAC, 7/16/2024]

 

8.139.120.14       OTHER CHANGES AFFECTING SNAP HOUSEHOLDS:

               A.           Failure to report changes:

                              (1)          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.

                              (2)          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.

                              (3)          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.

                              (4)          No claim shall be established because of a change in circumstances that a household is not required to report.

               B.           Noncompliance with program requirements or fraud:

                              (1)          Intentional failure to comply or fraud:  No household shall receive an increase in SNAP benefits when benefits from another program have been decreased (reduced, suspended or terminated) for intentional failure to comply with the other program eligibility requirements or for an act of fraud.  This provision applies in cases where the other program is a means-tested, federal, state or local welfare or public assistance program, which is governed by welfare or public assistance laws or regulations and which distributes public funds.

                              (2)          Failure to comply shall be determined as provided in Paragraph (3) of Subsection I of 8.139.520.9 NMAC.

                              (3)          Verification of recoupment:  Agencies administering means-tested, publicly funded assistance programs provide recipients with written advance notice of proposed changes in benefit amounts.  Such notices provide information which shall determine if the reduction in cash assistance is because of a properly reported change in circumstances.  In most cases, the notice shall document whether the reduction is because of a recoupment of overpaid benefits resulting from intentional failure to report changes.  If the notice is not detailed enough to make a determination, the agency which initiated recoupment shall be contacted to obtain the necessary information.  SNAP benefits shall not be delayed beyond normal processing standards pending the outcome of this determination.

                              (4)          Calculating benefits:  When a recipient's assistance benefits are decreased to recoup an overpayment, that portion of the decrease that is the recoupment shall first be identified.  The recoupment is the amount of decrease attributed to the repayment of benefits over issued.  If a Title IV-A recipient intentionally underreports income, the Title IV-A grant is first reduced to reflect the corrected income, then reduced further by the recoupment amount.  In such a case, the SNAP calculation would reflect the Title IV-A amount reduced because of income, but not the second reduction caused by recoupment.

[8.139.120.14 NMAC - Rp 8.139.120.14 NMAC, 7/16/2024]

 

8.139.120.15       CHANGE NOTICES:

               A.           Agency responsibilities:

                              (1)          ISD shall take action on any change reported by a household, and on any change which becomes known through other sources.

                              (2)          The household shall be issued a change notice.

                                             (a)          If there is a reduction or termination of benefits, the household shall be issued an adverse action notice, unless the change has been reported by the household in writing.

                                             (b)          If the household reports the change in writing, advance notice of the change in benefit amount is required before the household's next issuance.

                                             (c)          If there is no change in the benefit amount, the household shall be notified that the change resulted in no change in benefit amount.

                              (3)          If a household receiving cash assistance reports a change, it shall be considered to have also reported the change for SNAP purposes.  A notice shall be sent to the household acknowledging the reported change, even if there is no change in benefits.  A notice of adverse action shall be sent if there is a reduction or termination in the SNAP benefit amount and the change was not reported in writing.

               B.           Notice of adverse action:

                              (1)          Prior to any action to reduce or terminate a household's SNAP benefits within the certification period, the household shall be provided with a timely and adequate advance notice before the adverse action is taken, unless the change was reported by the household in writing.  A written change report submitted by the household is subject to the adequate notice requirements in Subsection C of 8.139.120.15 NMAC.

                              (2)          At a minimum, the adverse action notice shall include the following information:

                                             (a)          proposed action and reason for the action;

                                             (b)          month in which the change takes effect;

                                             (c)          adjusted benefit amount;

                                             (d)          household's right to request a fair hearing, circumstances under which the household can continue benefits at the greater amount, and deadline dates for requesting a hearing;

                                             (e)          household's liability for any benefits over issued if the decision of the fair hearing is that the HCA took the correct action;

                                             (f)           general information on whom to contact for additional information, including the right to representation by legal services.

                              (3)          Individual notices of adverse action shall not be provided when:

                                             (a)          there is a mass change;

                                             (b)          ISD determines on the basis of reliable information that the household has moved from the project area;

                                             (c)          ISD determines on the basis of reliable information that all members of a household have died;

                                             (d)          the household has received an increased benefit amount to restore lost benefits, the restoration is complete, and the household has been notified in writing of the date the increased benefit amount would terminate;

                                             (e)          the household's benefit amount varies from month to month within the certification period to take into account changes anticipated at the time of certification, and the household was notified of such variations at the time of certification;

                                             (f)           the household applied for cash assistance and SNAP benefits at the same time, has been receiving SNAP benefits pending approval of cash assistance, and the household was notified at the time of certification that SNAP benefits would be reduced upon approval of the cash assistance grant;

                                             (g)          a household member is disqualified for intentional program violation, or the benefits of the remaining household members are reduced or terminated to reflect the disqualification of the household member.

                                             (h)          the household was certified on an expedited basis, is assigned a certification period longer than one month, and verification has been postponed; the household must have received written notice that receipt of benefits beyond the month of application is contingent on the household providing the postponed verification;

                                             (i)           the eligibility of a resident of a drug or alcoholic treatment center or a group living arrangement is terminated because the treatment center or group living arrangement loses either its certification or its status as authorized representative;

                                             (j)           the household voluntarily requests, in writing or in the presence of ISD, that its participation be terminated.

               C.           Adequate notice:  If a change was reported in writing that will result in a reduction or termination in SNAP benefits, the household shall be provided with adequate advance written notice confirming the change.  Adequate notice does not preclude the household's right to request a fair hearing.  The household shall be notified that its benefits are being reduced or terminated no later than the date the household will receive, or would have received, its SNAP benefits.  Adequate notice shall be provided when changes reported in writing meet the following conditions:

                              (1)          the household reports the information which results in the reduction or termination;

                              (2)          the reported information is in writing and signed by a member of the household;

                              (3)          ISD can determine the household's reduced benefit amount or ineligibility based solely on the information provided by the household in the written report;

                              (4)          the household retains its right to a fair hearing;

                              (5)          the household retains its right to continued benefits if the fair hearing is requested within the advance notice time limit;

                              (6)          ISD continues the household's previous benefit amount if required, within five working days of the household's request for a fair hearing.

[8.139.120.15 NMAC - Rp 8.139.120.15 NMAC, 7/16/2024]

 

8.139.120.16       TRANSFER OF HOUSEHOLDS:  When a household transfers from one project area to another, the household’s case record and computer file shall be transferred accordingly.  Procedures for handling households which transfer between project areas within the state and between offices within a single project area are described below.

               A.           Transfer of inactive cases:  Inactive cases are those that have been certified and are subsequently closed.  ISD in the new project area is responsible for requesting that the case record be transferred.  The former project area is responsible for transferring case records and making sure they are complete.

               B.           Transfer of active cases:  Active cases are those presently certified.

                              (1)          Timely reporting:  Transfers within the state shall be considered like any other reported change in circumstances.  The household must timely report a move and verify its new address and shelter expenses, as well as any change in household composition and income, before benefits may continue or be issued (see Subsection A of 8.139.120.12 NMAC).  The former project area shall update the household's address on its computer file and transfer the case in active status to the new project area.  The new project area shall verify the household's new circumstances, including but not limited to, address, shelter expenses, income, and household composition (see Paragraph (1) of Subsection B of 8.139.120.12 NMAC).

                              (2)          Not reported:  If a project area becomes aware that a household has moved but has not been informed of a new in-state address, either by the household or its designee or by another project area, participation shall be terminated immediately based on unverified residence.  If the household wishes to continue participation, it must file a new application.

               C.           Procedures for nonreceipt of benefits:  If a household which has moved to a different project area has not received its current month's SNAP benefits, action required by ISD shall depend on circumstances described below:

                              (1)          If the SNAP benefits are returned to the central mail issuance unit, reissuance is authorized by the new project area to the household's address in the new project area.

                              (2)          If the SNAP benefits are not returned to the central mail issuance unit, an affidavit shall be submitted by the new project area, as described in Subsection G of 8.139.610.14 NMAC, replacement of benefits lost in the mail, even though the original issuance was from the former project area.  The new project area shall make sure that the household's residence and mailing address are changed prior to submitting the affidavit.

[8.139.120.16 NMAC - Rp 8.139.120.16 NMAC, 7/16/2024]

 

8.139.120.17       COOPERATION WITH LAW ENFORCEMENT AGENCIES:

               A.           Notwithstanding any other provision of law, upon written request, HCA shall make available to any federal, state, or local law enforcement officer the address, social security number, and photograph (if available) of any household member, if the officer furnishes HCA with the name of the individual and notifies HCA that:

                              (1)          the individual is fleeing to avoid prosecution, or custody or confinement after conviction for a crime, or attempt to commit a crime, that under the law of the place the member is fleeing is a felony, or in New Jersey is a high misdemeanor; or

                              (2)          the individual is violating a condition of probation or parole imposed under federal or state law.

               B.           Information shall be provided if it is needed for the officer to conduct an official duty related to Paragraphs (1) or (2) of Subsection A of 8.139.120.17 NMAC above; locating or apprehending the individual as an official duty; and the request is being made in the proper exercise of an official duty.

               C.           Providing information to law enforcement shall not interfere with the HCA's responsibility to immediately report to the immigration and naturalization service (INS) the ineligibility of any individual who is present in the United States in violation of the Immigration and Nationality Act.

[8.139.120.17 NMAC - Rp 8.139.120.17 NMAC, 7/16/2024]

 

HISTORY OF 8.139.120 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the State Records Center and Archives:

ISD-Rule 439.0000, Monthly Reporting/Retrospective Budgeting (MRRB), 10/13/1983.

ISD-Rule 439.0000, Monthly Reporting/Retrospective Budgeting (MRRB), 4/24/1984.

ISD-Rule 439.0000, Monthly Reporting/Retrospective Budgeting (MRRB), 8/3/1984.

ISD-Rule 441.0000, Food Assistance - Actions Subsequent to Determine Eligibility, 11/5/1982.

ISD-Rule 440.0000, Actions Subsequent to Determine Eligibility, 2/9/1983.

ISD-Rule 440.0000, Actions Subsequent to Determine Eligibility, 9/8/1983.

ISD-Rule 440.0000, Actions Subsequent to Determine Eligibility, 10/13/1983.

ISD-Rule 440.0000, Actions Subsequent to Determine Eligibility, 4/24/1984.

ISD-Rule 442.0000, Food Assistance - Transfer of Households, 11/14/1982.

ISD-Rule 442.0000, Food Assistance - Transfer of Households, 9/8/1983.

ISD 424.0000, Recertification, 7/28/1980.

ISD-443.0000, Food Assistance - Recertification, 11/4/1982.

ISD-443.0000, Food Assistance - Recertification, 9/8/1983.

ISD-443.0000, Food Assistance - Recertification, 10/13/1983.

ISD-443.0000, Food Assistance - Recertification, 1/12/1984.

ISD FS 510, Food Stamp Reporting and Recertification, 3/2/1988.

ISD FS 510, Food Stamp Reporting and Recertification, 4/30/1992.

 

History of Repealed Material:  8.139.120 NMAC - Case Administration - Case Management (filed 4/26/2001) Repealed effective 7/16/2024.

 

Other:  8.139.120 NMAC - Case Administration - Case Management (filed 4/26/2001) Replaced by 8.139.120 NMAC - Case Administration - Case Management effective 7/16/2024.