New Mexico Register / Volume XXXV, Issue 4
/ February 27, 2024
This is an amendment to 8.139.502 NMAC, Sections 8 & 9 effective
3/1/2024.
8.139.502.8 [STATE FOOD STAMP SUPPLEMENT
BENEFITS] STATE SNAP SUPPLEMENT BENEFITS:
A. Purpose: The state [food stamp] SNAP supplement
program is aimed at providing the elderly and disabled with increased food
purchasing power resulting in better nutrition.
B. Maximum benefit amount: The benefit amount shall be established by the HSD secretary based on available state funds.
C. Eligibility process: The state [food stamp] SNAP
supplement shall be determined only for households that meet all eligibility
requirements identified in Subsection D of 8.139.502.8 NMAC.
D. Eligibility requirements: The state [food stamp] SNAP supplement
benefits shall be subject to all federal [food stamp] SNAP application,
eligibility, certification and reporting
requirements. The state [food stamp]
SNAP supplement benefits shall be extended only to a household [with
a federal allotment amount less than $25.00 federal food stamp benefits and
meeting the program requirements.] who receives less than the federal
minimum benefit allotment. State [food
stamp] SNAP supplement benefits shall be provided to a household
under the following qualifications and eligibility requirements:
(1) all household members qualify and
receive federal [food stamp] SNAP program benefits;
(2) all household members are elderly or disabled as defined in Subsection A of 8.139.100.7 NMAC.
(3) the household does not receive any earned income; and
(4) the household receives a federal [food stamp] SNAP
program allotment amount, prior to any claim recoupment, [of less than
$25.00] of less than or equal to the federal minimum allotment.
[8.139.502.8 NMAC - N, 08/30/2007; A, 04/15/2009; A, 01/01/2011; A, 3/1/2024]
8.139.502.9 DETERMINING THE BENEFIT:
A. Application: A household shall not be required to submit an application in addition to the application for
federal [food stamp] SNAP benefits to qualify or be determined
eligible for the state [food stamp] SNAP supplement amount.
B. Eligibility determination: Eligibility shall be determined for a household meeting all eligibility requirements at:
(1) the time of application approval;
(2) the time of recertification;
(3) the month following a reported change which qualifies the household; or
(4) the month following a change that becomes known to the agency in which the change qualifies the household; or
(5) at time of implementation of this program.
C. Calculating the state [food stamp] SNAP
supplement amount: A
household qualified and eligible for the state [food stamp] SNAP
supplement shall receive a state supplement to the federal [food stamp] SNAP
allotment amount to an amount that is determined based on the availability
of state funds [to a maximum of $25.00 per month] before any
recoupments and overpayments have been applied to the benefit amount.
(1) Application month: The state [food stamp] SNAP supplement
shall be determined by subtracting the federal FSP benefit amount, after the
federal FSP benefit is prorated and prior to any recoupment, from [$25.00]
the federal minimum allotment.
The state [food stamp] SNAP supplement shall not be
prorated.
(2) Ongoing month: The state [food stamp] SNAP supplement
shall be determined by subtracting [the federal FSP benefit amount] the
federal [food stamp] SNAP allotment, prior to any recoupment,
from the determined supplement amount [from $25.00].
(3) Eligibility for a prior month:
(a) The state [food stamp] SNAP
supplement shall not be provided to a household for a benefit month prior to July, 2007.
(b) A
household in which the federal benefit amount is adjusted for a prior month may
be eligible for the state [food stamp] SNAP supplement provided
the household qualifies and is eligible for the supplement.
(4) Current FSP households: Households which meet the qualifications and
eligibility requirements for the state [food stamp] SNAP supplement
shall be eligible for the supplement without any action required by the
household. The household shall be
eligible for a supplement for any month beginning July 2007 and after upon
implementation of the program for which the household qualifies.
D. Ineligibility:
A household shall become ineligible for the state [food stamp] SNAP
supplement if the household does not meet the eligibility requirements
specified in 8.139.502.8 NMAC the month following the month the notice of
adverse action expires. The household’s
eligibility for the state [food stamp] SNAP supplement shall be
made at the time of:
(1) application approval;
(2) recertification;
(3) a reported change;
(4) a change becomes known to the agency; or
(5) at the time of a mass change.
E. Notice: A household that qualifies and is eligible
for [food stamp] SNAP benefits shall be issued notice in
accordance with 8.139.110.14 NMAC. A
notice of adverse action shall not be considered if the household federal [food
stamp] SNAP and state [food stamp] SNAP supplement
does not decrease below [$25.00] the federal minimum allotment. A household that qualifies and is eligible
for the state [food stamp] SNAP supplement shall be issued a
notice for the following circumstances:
(1) Approval: A household shall be issued an approval
notice at the time the household is determined eligible for the state [food
stamp] SNAP supplement. The
approval notice shall identify the amount of the state [food stamp] SNAP
supplement.
(2) Benefit change: A household shall be issued a notice at the
time the state [food stamp] SNAP supplement is increased
or decreased. The amount of benefit is
subject to change when the federal [food stamp] SNAP benefit is
increased or decreased.
(3) Ineligibility: A household shall be issued a notice when the
household no longer qualifies or is eligible for the state [food stamp] SNAP
supplement as indicated in Subsection D of 8.139.502.8 NMAC.
[8.139.502.9 NMAC - N, 08/30/2007; A, 04/15/2009; A, 01/01/2011; A, 03/01/2024]