TITLE 8 SOCIAL SERVICES
CHAPTER 102 CASH ASSISTANCE PROGRAMS
PART 462 NEW MEXICO WAGE SUBSIDY PROGRAM
8.102.462.1 ISSUING AGENCY: New Mexico Health Care Authority.
[8.102.462.1
NMAC - N, 04/01/2012; A, 7/1/2024]
8.102.462.2 SCOPE: The rule applies to the general
public.
[8.102.462.2
NMAC - N, 04/01/2012]
8.102.462.3 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.
[8.102.462.3 NMAC
- N, 04/01/2012; ; A, 7/1/2024]
8.102.462.4 DURATION: Permanent.
[8.102.462.4
NMAC - N, 04/01/2012]
8.102.462.5 EFFECTIVE DATE: April 1, 2012, unless a later date is cited
at the end of a section.
[8.102.462.5
NMAC - N, 04/01/2012]
8.102.462.6 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. The further purpose of the
program is to increase family income through family employment and child
support and by utilizing cash assistance as a support service to enable and
assist parents to participate in employment.
This is achieved by participation in, and successful completion of the
activities described in this part.
B. The New Mexico
wage subsidy program is a subsidized employment opportunity where a TANF cash
assistance participant is employed full time.
The department or its agents may subsidize the up to 50 percent of the
employee’s salary with funds from the TANF block grant. Funding of the program is contingent on
specific appropriation of state and federal funding.
[8.102.462.6
NMAC - N, 04/01/2012]
8.102.462.7 DEFINITIONS: [Reserved]
8.102.462.8 CASE ADMINISTRATION FOR THE NEW MEXICO
WAGE SUBSIDY PROGRAM: The New Mexico
wage subsidy program is a subsidized employment opportunity where a TANF cash
assistance participant is employed full-time.
Payments to employers are made from TANF block grant funds.
A. Initial eligibility:
Active participants in the TANF/NMW program
may be referred to participating employers to be considered for a New Mexico
wage subsidy position. To be eligible
for these positions, the participant must meet the following criteria:
(1) have
sufficient work experience;
(2) be
a registered participant in NMW;
(3) is
not in current conciliation or being sanctioned for non-cooperation with the
NMW work requirements or child support requirements;
(4) have
citizenship documentation and a social security number; and
(5) have
verification of their highest educational level attained.
B. Certification period: A participant may be employed through the New
Mexico wage subsidy program for up to 12 months.
C. Effects on TANF cash assistance:
(1) the
participant is ineligible for TANF cash assistance while participating in the
wage subsidy program;
(2) the
months of participation in the wage subsidy program will not count against a
participant’s 60 month term limit;
(3) the
participant remains eligible for medicaid;
(4) the
participant’s wages count against as income for determining food stamp
eligibility.
(5) the
participant may be eligible for a supplemental cash assistance payment if the
wage subsidy employment is lost during the month, or if the net monthly
full-time wage paid to the participant is less than the TANF cash assistance to
which the participant would otherwise be eligible; and
(6) the
participant’s earnings are exempt from HUD housing determinations.
D. Continued eligibility: the following requirements must be
met for to ensure continued participation in the New Mexico wage subsidy
program:
(1) the
participant must remain eligible for TANF for the duration of the wage subsidy
employment term;
(2) must
maintain satisfactory attendance at the employment site; and
(3) continued
NMW participation by the second parent in a two parent family.
[8.102.462.8
NMAC - Rp, 8.102.460.32 NMAC, 04/01/2012]
8.102.462.9 PROGRAM LIMITATIONS:
A. Failure to comply with other requirements:
The benefit group shall be transitioned back to the NMW cash assistance and
appropriate sanctions applied if a participant fails or refuses to comply with
child support enforcement, or school attendance, or reporting requirements in
the NMW cash assistance program. The transition is effective in the month
following the month the failure or refusal to comply is established.
B. Two-parent family: In
a two-parent family where only one of the parents is a participant in the New
Mexico wage subsidy program, the other parent, if considered as a mandatory
participant in the NMW work program, shall be required to participate in
qualified work activities for a minimum of 30 hours per week. At least 20 hours a week must be spent in
qualified primary work activities.
C. If a wage subsidy
participant voluntarily quits a job without good cause, as determined by the
NMW service provider or the department, the participant will no longer be
considered for participation in the wage subsidy program. Refer to 8.102.620 NMAC for good cause
provisions.
D. The TANF cash
assistance participant will then have 10 days to notify the NMW service
provider and renew work participation activities or be subject to the
conciliation/sanction process for non-compliance with the work program.
[8.102.462.9
NMAC - Rp, 8.102.460.32 NMAC, 04/01/2012]
8.102.462.10 REquirements
for participating employers: Participating employers shall:
A. hire NMW
participants for subsidized positions and offer a reasonable possibility of
unsubsidized employment after the subsidy period;
B. not require participants to work in excess of forty hours
per week;
C. pay a wage that
is equal to the wage paid to permanent employees performing the same job duties
and no less than the federal minimum wage;
D. ensure that the
subsidized employment does not impair an existing contract or collective
bargaining agreement;
E. ensure that the
subsidized employment does not displace currently employed persons or fill
positions that are vacant due to a layoff;
F. maintain health,
safety and work conditions at or above levels generally acceptable in the
industry and not less than those of comparable jobs offered by the employer;
G. provide
on-the-job training necessary for subsidized participants to perform their
duties;
H. sign an agreement
for each placement outlining the specific job offered to a subsidized employee
and agreeing to abide by all of the requirements of
the wage subsidy program;
I. provide workers’
compensation coverage for each subsidized employee;
J. provide other
benefits (includes but is not be limited to, health
care coverage, paid sick leave, holiday and vacation pay) equal to those for
new employees, or as required by state and federal law, whichever is greater;
and
K. inform the
department of any absences resulting in leave without pay; and
L. proceed with
termination of any New Mexico wage subsidy employee who has used an excess of
16 hours excused absences in a month or 80 cumulative hours over the course of
the wage subsidy term.
[8.102.462.10
NMAC - Rp, 8.102.460.32 NMAC, 04/01/2012]
8.102.462.11 DEPARMENT REQUIREMENTS: The department shall:
A. suspend regular
TANF cash assistance payments to the benefit group for the calendar month in
which an employer makes the first subsidized wage payment to a participant in
the benefit group;
B. pay employers
each month, from the TANF block grant, an amount that equals fifty percent of
the wages paid by the employer to program participants;
C. issue a
supplemental TANF cash assistance payment if the net monthly full-time wage
paid to the participant is less than the TANF cash assistance amount for which
the participant would otherwise be eligible;
D. reimburse the
participating employer each month through current invoice procedures; and
E. assist the work
program contractor by referring participants who may be eligible for the New
Mexico wage subsidy program.
[8.102.462.11
NMAC - Rp, 8.102.460.32 NMAC, 04/01/2012]
8.102.462.12 NMW SERVICE PROVIDER REQUIREMENTS: The department’s NMW service provider shall:
A. provide an
orientation for all participants who are accepted into the wage subsidy
program;
B. identify eligible
participants and refer them to potential employers;
C. submit a list of
referrals to the local ISD office to verify eligibility for NMW cash
assistance;
D. assist the TANF
cash assistance participant in submitting applications for employment; and
E. provide case
management by monitoring employee work efforts and production to ensure job
retention.
[8.102.462.12
NMAC - Rp, 8.102.460.32 NMAC, 04/01/2012]
8.102.462.13 LEAVE BALANCES AND ABSENCES:
A. Annual and sick leave:
While participating in the NMW wage subsidy program, the participant is
entitled to accrue a balance of both sick and annual leave, as provided by the
employer.
B. Excused absences: Participants are entitled to unpaid excused
absences at the discretion of the site supervisor or NMW service provider. A participant may not be allowed more than 16
hours of unpaid excused absences in any month or 80 hours cumulatively during
the wage subsidy term, without good cause.
Absences are approved by the site supervisor or by the NMW service
provider.
C. Absences in excess of the accrued annual, sick and the unpaid excused
absence totals will result in termination of the NMW wage subsidy activity and
the participant will be subject to the conciliation and sanction process in
accordance with regulation at 8.102.620 NMAC.
The appropriate termination process dictated by the employer’s human
resources procedures shall be followed.
[8.102.462.13
NMAC - Rp, 8.102.460.32 NMAC, 04/01/2012; A, 11/01/14]
HISTORY OF 8.102.462 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.