TITLE
8 SOCIAL SERVICES
CHAPTER
102 CASH ASSISTANCE PROGRAMS
PART
460 RECIPIENT POLICIES -
COMPLIANCE REQUIREMENTS
8.102.460.1 ISSUING AGENCY: New Mexico Health Care Authority
[8.102.460.1
NMAC - Rp, 8.102.460.1 NMAC, 04/01/2012; A, 7/1/2024]
8.102.460.2 SCOPE: The rule applies to the general public.
[8.102.460.2
NMAC - Rp, 8.102.460.2 NMAC, 04/01/2012]
8.102.460.3 STATUTORY AUTHORITY:
A. New
Mexico Statutes Annotated 1978 (Chapter 27, Articles 1 and 2) authorize the
state to administer the aid to families with dependent children (AFDC), general
assistance (GA), shelter care supplement, the burial assistance programs and
such other public welfare functions as may be assumed by the state.
B. The Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 created the temporary assistance for
needy families (TANF) block grant under Title IV of the Social Security
Act. Through the New Mexico Works Act of
1998, NMSA 1978, Section 27-2B-1, et seq., the New Mexico works program was
created.
C. In coordination with the NMW program,
the department administers the food stamp employment and training program
(E&T) pursuant to the Food Security Act of 1985 and federal regulations at
Title 7, Code of Federal Regulations.
[8.102.460.3 NMAC - Rp, 8.102.460.3 NMAC, 04/01/2012 ; A, 7/1/2024]
8.102.460.4 DURATION: Permanent.
[8.102.460.4
NMAC - Rp, 8.102.460.4 NMAC, 04/01/2012]
8.102.460.5 EFFECTIVE DATE: April 1, 2012, unless a later date is cited
at the end of a section.
[8.102.460.5
NMAC - Rp, 8.102.460.5 NMAC, 04/01/2012]
8.102.460.6 OBJECTIVE:
A. The
purpose of the New Mexico works (NMW) program is to improve the quality of life
for parents and children by increasing family income, resources and
support. Family income is increased
through family employment and child support and by utilizing cash assistance as
a support service to enable and assist parents to participate in employment.
B. The objective of education works
program (EWP) is to provide cash assistance to a benefit group where at least
one participant is enrolled in a post-secondary, graduate or post-graduate
institution. Education and training are
essential to long-term career development.
The applicant or recipient benefit group would be otherwise eligible for
NMW cash assistance, but chooses to participate in EWP.
[8.102.460.6
NMAC - Rp, 8.102.460.6 NMAC, 04/01/2012]
8.102.460.7 DEFINITIONS: [Reserved]
8.102.460.8 [Reserved]
8.102.460.9 NMW COMPLIANCE REQUIREMENTS: Work program requirements apply to
each adult and minor head of households benefit group member whether the
benefit group is a two-parent or single-parent benefit group.
A. All
adult and minor head of household participants are required to complete an
assessment, individual responsibility plan (IRP), work participation agreement
(WPA) applicable work requirement hours and timely submission of documentation
showing completion of required work hours.
B. Non-compliance with the NMW requirements: Participants
who are in non-compliance with any of the NMW requirements are subject to
conciliation and sanction as outlined at 8.102.620 NMAC.
[8.102.460.9
NMAC - Rp, 8.102.460.12 NMAC, 04/01/2012; A, 07/01/2013]
8.102.460.10 ORIENTATION:
A. General:
(1) Participants of NMW shall be
provided a work program orientation, which explains the work program and its
objectives to the participant.
(2) Participants shall be given
information concerning their rights, supportive services provided during
participation, and transitional services available after the NMW case closes
because of earnings from employment.
(3) Participants shall be informed of
their responsibilities for complying with work program requirements and that
failure to do so, without good cause, shall result in the reduction or loss of
NMW benefits.
B. Elements: The
orientation session provides each participant with the following information:
(1) an explanation that NMW is a
temporary program intended to briefly assist the family while preparing
themselves for employment;
(2) an explanation of the opportunities
available to the participant through the program, including education,
training, work experience, and help in job search;
(3) reminder of participant's rights
and responsibilities, program regulations and requirements, and the
consequences for failure to meet requirements;
(4) overview of supportive services
currently available;
(5) explanation of participant's
obligation to obtain an assessment from the NMW service provider and return it
to ISD within 15 days of the date of approval of application;
(6) explanation of participant's
obligation to request approval in writing of participant's work participation
activities and secure approval of activities by the department or the NMW
service provider; and
(7) overview of transitional services
available to participants whose NMW case closes due to employment/earnings.
[8.102.460.10
NMAC - Rp, 8.102.460.18 NMAC, 04/01/2012]
8.102.460.11 ASSESSMENT:
A. Requirements: No
later than 15 calendar days after an application is approved, participants shall have an assessment done by
the NMW service provider of their
education, skills, prior work experience, barriers, and employability.
The assessment is a necessary pre-cursor to the IRP, development of WPA, and is
a crucial and necessary element in meeting work program requirements. The assessment is also used in making
determinations for requests for limited participation status. Failure to participate in or to complete the
assessment may result in work program noncompliance and payment sanctions,
unless good cause exists.
B. Elements:
The assessment includes the following elements:
(1) a referral by the caseworker to a local
agency or agencies that act on behalf of the department to carry out the
assessment; and
(2) a face-to-face meeting between the
participant and the agency no later than 15 calendar days following approval of
assistance for the participant in which the assessment is carried out; there
are a variety of assessment tools and forms that may be used, provided that
they address the participant's education, skills, prior work experience and
employability.
C. Participants must provide a copy of the assessment or
a certification of completion of the assessment to the department by the
expiration of the 15 day time period.
[8.102.460.11
NMAC - Rp, 8.102.460.14 NMAC, 04/01/2012]
8.102.460.12 INDIVIDUAL RESPONSIBILITY PLAN (IRP):
A. Requirement:
All participants are required to develop an IRP with the assistance of
the NMW service provider no later than 15 days from the date of approval of
assistance.
B. General purpose: The IRP is:
(1) a personal planning tool, intended
to assist the participant in long-term career planning, address barriers and
secure and maintain employment;
(2) intended
to assist the participant in setting realistic long-term employment goals and
to identify those steps which must be taken to achieve the stated goals;
(3) not intended to fulfill the limited
purpose of identifying work activities which will meet NMW work program
participation requirements; the participant is encouraged to use the IRP to
choose work activities which will meet work program participation requirements
and, at the same time, will assist in setting long-term employment goals; and
(4) designed to move the participant
into whatever employment the participant is capable of handling, and to provide
the support services necessary to increase the responsibility and amount of
work the participant will handle over time.
C. Elements:
The IRP shall include the following:
(1) a specific achievable employment
goal or goals and a plan for securing and maintaining employment;
(2) commitments by the participant
which will assist in meeting long-term goals; such commitments may include, but
are not limited to: school attendance, maintaining certain grades, keeping
school-age children in school, immunizing children, undergoing substance abuse
treatment, or any other activity that will help the participant become and
remain employed;
(3) a signature by the participant
acknowledging the importance of the IRP, the identified activities and goals
which will assist in achieving self-sufficiency and the commitment to
participate in activities which will achieve the stated goals; and
(4) a signature by the department's
representative certifying that there was a discussion of the activities and
goals with the participant, and that the department shall provide on-going
support services as needed so that the participant may achieve the participant's
stated goals.
D. IRP reviews:
The department, the NMW service provider and the participant shall
review and update the IRP at least every six months. The review consists of a meeting to review
the activities and goals set forth in the IRP, to review and document the
participant's progress in achieving the stated goals, and to amend activities
and goals as determined necessary and appropriate by the participant. The participant and NMW service provider must
initial or sign the updated IRP.
E. Conciliation and sanction:
Failure
or refusal to develop, sign or attend the six-month review of the IRP may
result in conciliation or sanction, unless good cause exists. See 8.102.620 NMAC.
F. HUD family self-sufficiency agreements: Some housing authorities administer
self-sufficiency programs under which residents develop a self-sufficiency plan
and agreement with the housing authority.
A participant with a HUD family self-sufficiency plan may use the plan
for his or her IRP. The participant must
supply a copy of the plan to the department.
[8.102.460.12
NMAC - Rp, 8.102.460.15 NMAC, 04/01/2012]
8.102.460.13 WORK PARTICIPATION AGREEMENT (WPA):
A. General: The
purpose of the WPA is to assure the participant and the department that the
work activities in which the participant is engaged meet the standard or
limited work requirement hours and the participant is referred to receive all
available support services.
B. Contents of the agreement: At a minimum, the WPA shall:
(1) list the participant's proposed
work activities;
(2) list the level of effort for each
activity;
(3) list the support services to be
provided by the department;
(4) list the reasonable
accommodations that may be necessary to ensure meaningful engagement;
(5) be signed by the participant; and
(6) upon approval of the activities and
support services, signed by the NMW service provider.
C. Submission of a WPA:
The participant must submit a WPA, as developed with the NMW service
provider and signed by the participant to the department, its contractor or its
designee:
(1) no later than 15 calendar days from
date of approval for benefits; or
(2) prior to requesting support
services associated with such activity;
(3) no later than 30 calendar days from
approval for benefits only if good cause criteria applies to untimely
completion; or
(4) no later than five days after the
expiration of an existing WPA.
D. Limited work participation status requests: Participants requesting a limited work
participation status must submit a preliminary WPA to the IRU in accordance
with regulation 8.102.420.11 NMAC.
E. Conciliation and sanction: Failure or refusal to develop, sign or meet
the activities outlined in the WPA may result in conciliation or sanction,
unless good cause exists. See 8.102.620
NMAC.
F. Reopened cases: A participant whose NMW/TANF case is
approved for benefits with less than a 12-month break in certification, shall
have his or her case reopened and shall be required to:
(1) submit a revised WPA within 15
calendar days of approval for benefits;
(2) be engaged in an allowable work
activity as specified on the participant's WPA at the participation standard
specified in 8.102.460.14 or 8.102.460.15 NMAC within 15 calendar days of
approval for benefits; and
(3) submit the participation report to
the NMW service provider no later than the fifth calendar day of the month
following the month in which the 15-day time limit expires.
[8.102.460.13
NMAC - Rp, 8.102.460.16 NMAC, 04/01/2012]
8.102.460.14 NMW STANDARD WORK PARTICIPATION HOURS: The following work participation requirement
hours apply to all participants unless the participant is granted limited work
participation status.
A. General:
Participation activities may be met through those activities listed in
8.102.461 NMAC.
(1) A parent subject to participation
shall maintain the participation standards based on their status and provide
verification of participation at a rate at least equaling the applicable
participation standard.
(2) Participants granted a limited work
participation status must meet the limited work participation requirement hours
on their WPA and provide verification of participation.
B. Two-parent participation requirement hours: Two parent families must meet the all family
and two parent participation requirement hours to avoid being subject to
conciliation or sanction. If the benefit
group does not meet the federal work program definition of a two parent benefit
group, then both parents must meet the standard work participation hours for a
single parent benefit group.
(1) Two-parent family receiving CYFD child
care: Listed
below are the family’s total monthly work participation hours that are required
in a two parent family to be considered meeting the two parent rate. This standard work participation rate also
applies to families where one participant is disqualified, sanctioned, or
granted a limited work participation status.
(a) total
combined monthly hours: 237
(b) minimum
core hours: 215
(2) All family rate: Individual monthly work participation
hours are required in a two participant family to be considered meeting the all
family rate.
(a) total
combined monthly hours: 129
(b) minimum
core hours: 86
(3) Two-parent family not receiving CYFD
child care: Listed below
are the family’s total monthly work participation hours that are required in a
two parent family to be considered meeting the two parent rate. This standard applies to families where
one parent is disqualified, sanctioned, or granted limited work participation
requirements by the IRU or NMW.
(a) total
combined monthly hours: 151
(b) minimum core
hours: 129
(4) All family rate: Individual monthly work participation
hours are required in a two parent family to be considered meeting the all
family rate.
(a) total
combined monthly hours: 129
(b) minimum
core hours: 86
(5) Two parent family not meeting the
definition of two parent: A two-parent
family where one parent receives SSI, is an ineligible alien, or is a caretaker
for a household member as determined by the IRU, must meet the work
participation standard as prescribed by the single parent work participation
hours based on the age of the child.
(6) Two parent family where both parents
are under age 20: The participation standard shall be met for
each parent if the parent is maintaining satisfactory attendance in secondary
school or its equivalent during the month.
Satisfactory attendance shall be based on the requirements of the school
and on enrollment in sufficient course work to assure completion of secondary
education before turning age 20. Compliance with attendance requirements is
deemed during school breaks lasting no longer than four consecutive weeks.
C. Single-parent benefit group: The parent in a single-parent or caretaker
relative benefit group shall participate in work activities as prescribed below
or be subject to conciliation or sanction.
(1) Single parent with a child age six or
older:
(a) total monthly hours: 129
(b) minimum core hours: 86
(2) Single parent with a child under age
six:
(a) total monthly hours: 86
(b) minimum core hours: 86
(3) Single parent under age 20: A single parent under age 20 shall meet the
single parent's total program participation standard, as outlined above when
the parent:
(a) is enrolled in school with enough
hours to ensure graduation prior to turning age 18; and
(b) reports on a monthly basis
attendance at a secondary school or in a GED program; or
(c) participates in education directly
related to employment for at least the average number of hours per week
specified above based on the child’s age.
(d) Compliance with attendance
requirements is deemed during school breaks lasting no longer than four
consecutive weeks.
[8.102.460.14
NMAC - Rp, 8.102.460.13 NMAC, 04/01/2012]
8.102.460.15 LIMITED WORK PARTICIPATION STATUS: A participant may request a limited work
participation status reducing their individual standard work participation to
no less than one hour per week, as determined by the department at 8.102.420
NMAC. Individuals who demonstrate
extraordinary circumstances may be granted a zero hour limited work
participation status. Participants
granted a limited work participation status are required to meet the NMW
compliance requirements as indicated at 8.102.460.9 NMAC. Failure to complete the assessment, IRP and
WPA may be considered non-compliance with program requirements.
[8.102.460.15
NMAC - N, 04/01/2012]
8.102.460.16 Calculating
hours:
A. Total monthly
hours are calculated by a weekly average of core and non-core hours.
B. Time spent
traveling to and from the work-site, location where child care is provided, or
both, do not count as hours of participation.
C. For paid work
activities:
(1) paid leave and holiday time count
as actual hours;
(2) hours shall be anticipated
prospectively and verification provided no more than every six months.
D. For non-paid
activities allowable excused absences count as actual hours when:
(1) the absence occurs on a day that
the participant is scheduled to participate in an activity; and
(2) is considered excused by the
institution or sponsoring agency.
E. For non-paid
activities allowable holiday absences count as actual hours when:
(1) the absence scheduled holiday
occurs on a day that the participant would have been scheduled to participate
in an activity; and
(2) the absence is a scheduled holiday
as recognized by the department and determined at the beginning of each federal
fiscal year.
F. A participant
may be granted no more than 80 hours of excused absences within a 12 month
period and no more than 16 hours in any one month. Any excused absence cannot exceed the number
of hours the participant was scheduled to work during the period of the
absence.
G. Non-paid work
experience and community service participation hours are limited to the Fair
Labor Standards Act (FLSA) rules. The
FLSA is used to determine the maximum number of hours the department can
require a participant to meet. Upon
receipt and verification of meeting the maximum number of hours required by the
FLSA calculation and the number is less than the core work hour requirement,
the remaining hours may be deemed up to the core hour requirement. The maximum
amount of weekly hours required by the FLSA is calculated as follows:
(1) Single parent: Add the monthly TANF cash assistance grant
amount (prior to any reductions) to the monthly food stamp benefit and divide
by the federal or state minimum wage, whichever is higher, and divide by 4.3.
(2) Two-parent: The calculation of participation requirement
hours is the same as a single parent.
[8.102.460.16
NMAC - N, 04/01/2012]
HISTORY OF 8.102.460 NMAC:
NMAC History:
8 NMAC 3.FAP.460,
Work Program Activities, filed 06/16/1997.
8 NMAC 3.FAP.460,
Work Program Activities, filed 06/16/1998.
History of Repealed Material:
8.102.460 NMAC,
Recipient Policies - Defining Group Work Program Activities, filed 03/02/2001 -
Repealed effective 07/01/2001.
8.102.460 NMAC,
Recipient Policies - Defining Group Work Program Activities, filed 06/18/2001 -
Repealed effective 07/16/2007.
8.102.460 NMAC,
Recipient Policies - Defining Group Work Program Activities, filed 07/02/2007 -
Repealed effective 04/01/2012.