TITLE 8 SOCIAL
SERVICES
CHAPTER 102 CASH ASSISTANCE PROGRAMS
PART 610 DESCRIPTION OF PROGRAM/BENEFITS -
BENEFIT DELIVERY
8.102.610.1 ISSUING AGENCY: New Mexico Human Services Department.
[8.102.610.1
NMAC - Rp 8.102.610.1 NMAC, 07/01/2001]
8.102.610.2 SCOPE: The rule applies to the general public.
[8.102.610.2
NMAC - Rp 8.102.610.2 NMAC, 07/01/2001]
8.102.610.3 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. Federal legislation contained in the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
abolished the AFDC program. The federal
act 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, the New Mexico works program
was created to replace the aid to families with dependent children program.
C. Under authority granted to the
governor by the federal Social Security Act, the human services department is
designated as the state agency responsible for the TANF program in New Mexico.
D. Effective April 1, 1998, in
accordance with the requirements of the New Mexico Works Act and Title IV-A of
the federal Social Security Act, the department is creating the New Mexico
works program as one of its cash assistance programs.
E. In close 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.
[8.102.610.3
NMAC - Rp 8.102.610.3 NMAC, 07/01/2001; A, 11/15/2007]
8.102.610.4 DURATION: Permanent.
[8.102.610.4
NMAC - Rn 8.102.610.4 NMAC, 07/01/2001]
8.102.610.5 EFFECTIVE DATE: July 1, 2001, unless a later date is cited at
the end of a section.
[8.102.610.5
NMAC - Rp 8.102.610.5 NMAC, 07/01/2001]
8.102.610.6 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.
B. The objective of
education works program (EWP) is to provide cash assistance to a benefit group
where at least one individual is enrolled in a post-secondary, graduate or
post-graduate institution. Education and
training are essential to long-term career development. The applicant or participating benefit group
would be otherwise eligible for NMW cash assistance, but chooses to participate
in EWP.
[8.102.610.6
NMAC - Rp 8.102.610.6 NMAC, 07/01/2001; A, 11/15/2007]
8.102.610.7 DEFINITIONS: [Reserved]
[8.102.610.7
NMAC - Rp 8.102.610.7 NMAC, 07/01/2001]
8.102.610.8 CASH ASSISTANCE:
A. Method of payment: Cash assistance benefits are paid by issuing
funds into an EBT transfer account.
B. Initial issuance: The EBT card is issued to the payee or
designated authorized representative during the application process prior to
the application being approved. The
applicant or participant shall receive training on the use of the EBT card
prior to activation of the EBT card.
C. Replacement card: The caseworker,
the HSD EBT help desk or the contractor customer service help desk shall have
the card deactivated once reported by participant that the card is lost,
stolen, or destroyed. The card will be
deactivated immediately and a replacement card provided to the participant. Once the card is deactivated, it cannot be
reactivated for any reason.
D. Authorizing payments:
(1) Cash assistance
benefits are authorized, changed, and terminated through the automated benefit
delivery system.
(2) Initial payments are
issued on the first mailing day following authorization. In the case of EBT, the transfer of funds
takes place on the first working day after the day of authorization.
E. Initiation of payment:
(1) Payment is initiated
and prorated from the date of authorization or from the 30th day
after the day of application, whichever is earlier.
(2) If the case was
eligible in a month prior to the month of approval, but is not eligible for
payment in the month following the month of disposition, the benefit group is
not eligible for payment in any of these months.
(3) Payments effective in the current month: A payment that is issued during the month is
deposited into the EBT account no later than the business day after payment is
approved.
(4) Payments effective in the ongoing month:
(a)
When authorized, the payment amount remains the same from month to month
until changed.
(b) EBT issuances are transmitted to the
fiscal agent so that the funds are available on the first working day of the
month. Payments authorized after the
monthly transmission to the fiscal agent are issued as part of the next nightly
benefit batch.
F. Change in amount of payment:
(1) Following approval,
there is a continuing responsibility on the part of both the participant and
the caseworker to make sure that eligibility and benefit amount are correctly
determined. Failure on either side to
recognize and carry out this responsibility can result in overpayment to the
participant. Overpayments are charged to
the participant regardless of fault.
(2) A participant’s
assistance grant shall be increased or decreased after receipt of information
indicating that changes in a participant’s circumstances may affect the amount
of assistance to which the participant is entitled.
(3) Changes in the
payment amount shall be made in accordance with changes in program policy.
G. Regular changes: A change in the benefit group circumstance
may change the amount for which the group is eligible.
H. Other changes: If a change occurs which cannot be processed
before the benefits issuance run, an overpayment or underpayment may
occur. If an underpayment occurs, it
shall be corrected by issuing a supplemental payment. In case of an overpayment, an overpayment
claim shall be filed and appropriate efforts shall be made to recover the
overpayment.
I. Whereabouts unknown: Benefits shall be terminated if the
whereabouts of the benefit group are unknown to the department. A benefit group’s whereabouts shall be
considered to be unknown if:
(1) mail sent to the last known address is
returned to the department indicating that the benefit group no longer lives at
that address and at least 30 days have passed since the caseworker sent the
mail; or
(2) the participant does
not make any withdrawals from the participant 's EBT account for 60 days or
more.
J. Death of client:
(1) Payment: Payment may be made
on behalf of a client who has been approved for cash benefits but has died
before an EBT withdrawal was made. If the client was alive on the first day of
the month for which cash assistance benefits were issued and all eligibility
conditions were met at the time of death, then another person may be authorized
to use the deceased recipient’s benefits.
A person authorized to use the deceased recipient’s benefits must be the
surviving spouse, next of kin, or a person with responsibility for the deceased
recipient's affairs.
(2) Withdrawing EBT benefits:
When payment is made in accordance with these circumstances, the county
office shall not restrict or dictate the use of the money paid.
(3) ISD may authorize the
issuance of a replacement EBT card to the person authorized to use the deceased
recipient’s benefits.
(4) EBT transactions shall not be in any
liquor store; any casino, gambling establishment; or any retail establishment
which provides adult-oriented entertainment in which performers disrobe or
perform in an unclothed state for entertainment.
[8.102.610.8
NMAC - Rp 8.102.610.8 NMAC, 07/01/2001; A, 02/28/2007; A, 11/15/2007; A, 04/01/2014]
8.102.610.9 Stale benefits accounts: Stale benefit accounts are those cash
assistance benefits accounts that have not been accessed for 90 days from the
date of most recent withdrawal.
A. Offline accounts: EBT accounts which have not been accessed by
the recipient in the last 90 days are considered a stale account. HSD may store stale benefits offline after
notification to the household of this action.
(1) Notification: The department shall notify the household of
this action before storing benefits in an offline account and provide necessary
steps to reactivate the account.
(2) Reinstatement: The
participant may contact the HSDEBT help desk, the contractor customer service
help desk, or the caseworker and request reinstatement of their EBT account
anytime within 180 days from the initial date of benefit activity. Initial date of benefit activity is the first
deposit made to the account upon initial approval of the household’s
benefits. Requests from the participant
to reinstate any benefit must be received prior to the date of expungement
B. Expungments: Cash assistance benefits which have had no
activity for an excess of 180 days will be expunged. All benefits older than 180 days in the
account will no longer be accessible to the household. The household loses all rights to all
expunged benefits.
(1) The department shall
attempt to notify the household no less than 45 days prior to the expungement
of the cash assistance benefits.
(2) Payments of claims against the household. The contractor shall notify the department no
less than five days prior to expungement of the cash assistance benefits and
any cash assistance claims against the household shall be removed from the
account and applied to the claims upon expungement.
[8.102.610.9
NMAC - Rp 8.102.610.9 NMAC, 07/01/2001; 8.102.610.9 NMAC - N, 02/28/2007]
8.102.610.10 SUPPORTIVE
SERVICES:
A. The NMW work program provides
supportive services on an ongoing basis, provided that the participant is
eligible to receive the services during the month provided.
B. Participants must meet minimum
participation requirements in order to receive supportive services
reimbursements. Reimbursement for supportive services is issued by EBT payment
to the benefit group in accordance with 8.102.620.14 NMAC thru 8.102.620.17
NMAC.
[8.102.610.10
NMAC - Rp 8.102.610.10 NMAC, 07/01/2001; 8.102.610.10 NMAC - Rn, 8.102.610.9
NMAC, 02/28/2007; A, 11/15/2007]
8.102.610.11 [RESERVED]
[8.102.610.11
NMAC - Rp 8.102.610.11 NMAC, 07/01/2001; A, 07/01/2004; 8.102.610.11 NMAC - Rn,
8.102.610.10 NMAC, 02/28/2007; Repealed, 11/15/2007]
8.102.610.12 DIVERSION PAYMENTS TO A NMW BENEFIT
GROUP: The diversion payment is a non-recurring lump
sum payment, issued to the recipient’s EBT account in accordance to eligibility
and amount specified at 8.102.500.10 NMAC.
[8.102.610.12
NMAC - Rp 8.102.610.12 NMAC, 07/01/2001; A, 12/15/2005; 8.102.610.12 NMAC - Rn,
8.102.610.11 NMAC, 02/28/2007; A, 11/15/2007]
8.102.610.13 [RESERVED]
[Education
Works Program now filed at 8.102.611 NMAC]
HISTORY OF 8.102.610 NMAC:
Pre-NMAC
History: The material in this part was derived from
that previously filed with the State Records Center and Archives:
ISD
271.0000, Procedures Applicable to Payment and Related Changes, 5/16/80.
ISD
FA 450, Payment, 2/10/88.
History of Repealed Material: 8 NMAC 3.FAP, Financial Assistance Program -
Repealed, 07/01/97.
8.102.610
NMAC Description of Program/Benefits - Benefit Delivery - Repealed, 07/01/01.