TITLE 8 SOCIAL SERVICES
CHAPTER 102 CASH
ASSISTANCE PROGRAMS
PART 611 EDUCATION
WORKS PROGRAM
8.102.611.1 ISSUING
AGENCY: New Mexico Health Care Authority.
[8.102.611.1 NMAC - Rp
8.102.611.1 NMAC, 7/1/2024]
8.102.611.2 SCOPE: The rule
applies to the general public.
[8.102.611.2 NMAC - Rp
8.102.611.2 NMAC, 7/1/2024]
8.102.611.3 STATUTORY
AUTHORITY:
A. Articles 1 and 2 of Chapter 27 NMSA 1978 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 (NMW) 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 health
care authority (HCA) 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 HCA is creating the New
Mexico works program as one of its financial assistance programs, and in
accordance with the Education Works Act of 2003 the education works program
(EWP) was created.
E. In
close coordination with the NMW program, the HCA 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.
F. 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.
[8.102.611.3 NMAC - Rp
8.102.611.3 NMAC, 7/1/2024]
8.102.611.4 DURATION: Permanent.
[8.102.611.4 NMAC - Rp
8.102.611.4 NMAC, 7/1/2024]
8.102.611.5 EFFECTIVE
DATE:
July 1, 2024, unless a later date is cited at the end of a section.
[8.102.611.5 NMAC - Rp
8.102.611.5 NMAC, 7/1/2024]
8.102.611.6 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, assisting
parents to develop the discipline necessary for self-sufficiency and to improve
their self-esteem. The further purpose
of the program is to increase family income through family employment and child
support and by viewing financial assistance as a support service to enable and
assist parents to participate in employment.
B. The
objective of the education works program (EWP) is to provide financial
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 recipient benefit group would be otherwise eligible for NMW cash assistance
but chooses to participate in EWP.
C. The
objective of general assistance is to provide financial assistance to dependent
needy children and disabled adults who are not eligible for assistance under a
federally matched financial assistance program like NMW or the federal program
of supplemental security income (SSI).
D. The
objective of the supplement for residential care program is to provide a cash
assistance supplement to SSI recipients who reside in licensed adult
residential care homes.
E. The
objective of the burial assistance program is to assist in payment of burial
expenses for deceased, low-income individuals.
[8.102.611.6 NMAC - Rp
8.102.611.6 NMAC, 7/1/2024]
8.102.611.7 DEFINITIONS: [RESERVED]
8.102.611.8 EDUCATION
WORKS ASSISTANCE PAYMENTS:
A. Method of payment: Cash
assistance benefits are paid by deposit of funds into an EBT account. In some circumstances benefits may be issued
by warrant.
B. Authorizing payments:
(1) FA 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.
C. 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: Payments authorized during the month are
written the night the information is entered into the computerized system and
mailed the first business day following authorization. Cash assistance benefits are deposited into
the EBT account the business day after payment is authorized.
(4) Payments effective in the coming month:
(a) When authorized,
the payment amount remains the same from month to month until changed. Ongoing payments are written or authorized in
the regular “monthly check write” process.
During the monthly check write, hard copy checks are written the night
before the third to the last working day of the month. They are mailed so as to
arrive on the first mail delivery day of the month.
(b) EBT deposits 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 check write are issued on the next nightly benefit
write.
D. Change in amount of payment:
(1) Following approval, there is a
continuing responsibility on the part of both the recipient 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 recipient. Overpayments for any reason are charged to
the recipient.
(2) A recipient’s assistance grant shall
be increased or decreased after receipt of information indicating that changes
in a recipient’s circumstances may affect the amount of assistance to which the
recipient is entitled.
(3) Changes in the payment amount shall be
made in accordance with changes in program policy, assistance standards, or
adequacy with which need may be met.
E. Regular changes: A change in
the benefit group circumstance may change the amount for which the group is
eligible.
F. 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.
G. Whereabouts unknown: Benefits
shall be terminated if the whereabouts of the recipient are unknown to the HCA
for 30 days or more. A recipient's
whereabouts shall be considered to be unknown if:
(1) mail sent to the recipient's last known address is returned to the
HCA indicating that the recipient no longer lives at that address; or
(2) the recipient does not make any
withdrawals from the recipient's EBT account for 90 days or more.
H. Recovery of unused education works program (EWP)
funds:
Beginning January 1, 2005, New Mexico will recover EWP funds that
remain unused in EBT accounts for over 180 days.
(1) Clients will be notified of the
agency’s intention to close EWP cases that are not in use at 90 days.
(2) After case closure, the case head will
be notified at 135 days of the HCA’s intention to recover unused EWP funds that
remain in inactive accounts for a period of 180 days.
(3) Each complete month of recovered funds
will be removed from the 24 months limit for EWP.
[8.102.611.8 NMAC - Rp
8.102.611.8 NMAC, 7/1/2024]
8.102.611.9 SUPPORT SERVICES:
A. Subject
to the availability of state and federal funds, a benefit group that has
countable gross income that is less than one hundred percent of the federal
poverty guidelines applicable to the size of the benefit group may be eligible
to receive services.
B. Any month that an EWP participant receives
support services will count towards the 60 month temporary assistance to needy
families (TANF) lifetime limit if the EWP benefit group has no earned income in accordance with Paragraph (4) of Subsection A of
8.102.410.17 NMAC.
C. Support services for child care will be issued in
accordance with Subsection A of 8.102.620.15 NMAC.
[8.102.611.9 NMAC - Rp
8.102.611.9 NMAC, 7/1/2024]
8.102.611.10 EDUCATION WORKS CASH ASSISTANCE:
A. Subject
to the availability of allocated state funds, the education works program (EWP)
provides state-funded cash assistance to a benefit group where at least one
individual is enrolled in a post-secondary, graduate or post-graduate
institution. The applicant or recipient
benefit group must be otherwise eligible for NMW cash assistance,
but chooses to participate in EWP.
(1) The state-funded benefit amount is determined based on the
same determination used to calculate the benefit amount in the NMW cash
assistance program.
(2) During the initial application or recertification process,
the caseworker shall screen an applicant for eligibility for the EWP. The caseworker shall explain the EWP to
applicants who have applied for NMW cash assistance or NMW recipients who are
applying for continued assistance. The HCA’s
work program contractor may screen recipients of NMW cash assistance for
eligibility for participation in the EWP and make a referral to the caseworker
for transition to the EWP.
(3) An individual shall not have a month of participation in
the EWP applied to the 60-month term limit for receipt of benefits in the
state’s TANF program.
(4) A benefit group participating in the EWP is considered to
meet the categorical eligibility factors for the food stamp program.
(5) A benefit group participating in the EWP shall have its
eligibility for medicaid determined. Eligibility
shall be based on the rules in place for each medicaid program.
B. Limitations
of the education works cash assistance program:
(1) The number of participants in the EWP shall be limited to
the number for which state funding is allocated.
(2) Recipients who are actively participating in the NMW cash
assistance program, and who meet the requirements for the EWP, shall be given
first opportunity to switch programs.
(3) A benefit group shall not participate in the NMW and EWP
simultaneously.
(4) A benefit group with income from employment may receive
support services funded by the federal TANF block grant. A benefit group that does not have income
from employment shall not be eligible to receive support services funded by the
TANF block grant.
(5) A recipient may
participate in the EWP for no more than 24 months, whether or
not consecutive, except:
(a) that a recipient
may participate in the EWP for one additional academic term following the 24 month
participation limit if doing so will result in the recipient earning a degree,
or
(b) that a recipient
may participate in the EWP for two additional academic terms following the 24
month participation limit at the discretion of the director if doing so will
result in the recipient earning a degree.
(6) A participant must be a full-time student as defined by the
educational institution.
C. Eligibility
criteria:
(1) Conditions:
Eligibility for participation in the EWP shall be based on all
eligibility criteria for the NMW cash assistance program. As a condition of approval, an applicant or
recipient must:
(a) be otherwise eligible for NMW cash
assistance;
(b) be in good standing with the HCA; good
standing means that sanctions are not currently applied to the benefit group
due to noncompliance with work programs, child support enforcement or reporting
requirements;
(c) provide proof that the applicant or
recipient has been accepted or is enrolled in a two-or four-year
post-secondary, graduate or post-graduate degree education program;
(d) apply for all financial aid available,
including grants and scholarships.
(2) Level of effort:
(a) A participant must engage in a
combination of education, training, study or work-site experience, for an
average of 20 hours a week in each month of participation in the EWP.
(b) One and one-half hours of study time
shall be credited for each hour of class time.
(c) Work-site experience includes, but may
not be limited to, paid employment, work study, training-related practicums, an
internship, a clinical placement, or laboratory or field work, or any other
work activity pursuant to the NMW cash assistance program.
D. Satisfactory
participation in the education works program:
(1) To maintain satisfactory participation in the EWP, a
participant shall meet all the requirements and standards of the educational
institution that the participant attends, including class attendance.
(2) A participant shall maintain a 2.0 grade point average in
each school term.
E. Reporting
requirements for recipients:
(1) A recipient must provide ISD with proof of the recipient's
final grades for each school term. Final
grades must be provided by the end of the month in which the school term ends.
(2) A recipient must provide ISD with a copy of all letters
relating to the receipt or denial of financial aid.
(3) A recipient must report to ISD when the recipient intends
to drop out of school.
(4) A recipient must report any circumstance that might affect
the recipient's ability to participate in the EWP.
(5) School attendance and reporting requirements for dependent
children apply to the EWP.
(6) All reporting requirements in the NMW
cash assistance program apply to the EWP.
[8.102.611.10 NMAC - Rp
8.102.611.10 NMAC, 7/1/2024]
8.102.611.11 WORK
PROGRAM REQUIREMENTS:
A. New
applicant responsibilities:
(1) The individual shall have an assessment completed and shall
provide verification within 15 days following approval to the EWP.
(2) The individual shall complete a WPA to enter the EWP for
the level of effort required of participants.
The WPA shall be submitted to ISD no later than 60 days from the date of
approval of assistance
(3) ISD and participant shall develop an individual education
plan (IEP) in compliance with the EWP cash assistance program’s requirements
for an IEP. The IEP shall be submitted
to ISD no later than 60 days from the date of approval of assistance. The IEP:
(a) shall contain documentation,
including, but not limited to, acceptance into a particular area of study that
supports the recipient’s ability to succeed in the educational program that was
chosen;
(b) shall describe how the degree will
increase the individual’s ability to engage in full-time paid employment.
(4) Currently participating in the NMW cash assistance
program: Individuals currently
participating in the NMW cash assistance program shall have until the end of
the first full month of participation in the EWP to submit a revised WPA and
IEP to ISD.
(5) Two-parent family:
In a two-parent family where only one of the parents is a participant in
the EWP, 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.
B. Changes
affecting participation in the EWP:
(1) 24
month time limit: Participation in the
EWP shall be limited to 24 months, whether or not
consecutive, except
(a) that
a recipient may participate in the EWP for one additional academic term
following the 24month participation limit if doing so will result in the
recipient earning a degree, or
(b) that a recipient may participate in
the EWP for two additional academic terms following the 24 month participation
limit at the discretion of the director if doing so will result in the
recipient earning a degree; all requests
submitted to the director for approv
(i) verification
of satisfactory participation in the education works program and
(ii) verification
that the additional academic terms will lead to a degree.
(2) Leaving the program:
(a) A participant who leaves the program
for a good cause reason may resume participation when the individual is able
and ready to return to the EWP.
(b) An individual who leaves the program
on a voluntary basis, and good cause is not established, is not eligible to
resume participation in the EWP.
(3) Unsatisfactory
participation:
(a) A participant who falls below the
standards set by the educational institution at the end of the school term
shall be placed on probationary status for the following semester. The participant shall be required to become
compliant with the standards set by the educational institution, including
improving grades, during the probationary period.
(b) Where the participant’s overall GPA
for the school term falls below 2.0, the individual shall be placed on
probationary status for the following school term in order to
bring the overall GPA to 2.0 or better.
(4) State funding limitation:
Participation in the EWP may be limited should state funding for the
program be reduced or terminated.
(5) Failure to comply with other requirements: The benefit group shall be transitioned back
to the NMW cash assistance program and appropriate sanctions applied if a
participant fails or refuses to comply with child support enforcement, school
attendance, and 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.
C. Establishing
good cause for failure to meet requirements:
(1) Good cause for not meeting the requirements for
participation in the EWP is determined on an individual basis. Good cause may be applied to the
20-hour-a-week requirement to engage in education activities, or to a situation
that causes a participant to leave the program.
(2) Good cause means that there are circumstances in which the
required participation would cause the participant to seriously compromise
academic performance. Good cause for
leaving the EWP includes academic deficiency as long as
the student has consulted with the contractor, all options have been discussed,
and the contractor and ISD approve of the action.
(3) Good cause includes, but may not be limited to, a verified
situation requiring the participant to care for a family member with special
needs; a physical or mental health problem; a chronic illness; accident; death;
or a serious personal or family problem that necessitates reducing or ending
participation in the EWP.
(4) Good cause for failure to meet requirements may be
determined by the contractor or ISD.
Final approval of good cause is determined by the ISD.
[8.102.611.11 NMAC - Rp
8.102.611.11 NMAC, 7/1/2024]
8.102.611.12 TERMINATING PARTICIPATION IN THE
EDUCATION WORKS PROGRAM:
A. The
HCA shall take action to terminate an individual’s participation in the EWP, or
to require an individual to apply for NMW cash assistance, by issuing an
advance written notice under the following conditions:
(1) copies of financial aid award or denial letters are not
provided;
(2) copies of final grades are not provided;
(3) there is a failure or refusal to comply with reporting
requirements of the EWP;
(4) at the end of the probationary period, a participant’s
grade point average is not 2.0 or
better;
(5) at the end of the probationary period, a participant has
failed or refused to comply with the standards set by the educational
institution, including class attendance;
(6) the participant fails or refuses, without good cause, to
participate in education activities for at least 20 hours a week averaged over
the month;
(7) funding for the EWP has been exhausted;
(8) an individual participating in the EWP has received a
bachelor’s degree.
B. Appeal
rights: A participant shall have an
opportunity to appeal an adverse action taken by the HCA in the EWP. Appeals are handled pursuant to the appeal
process currently in place for programs administered by the health care HCA’s
ISD.
[8.102.611.12 NMAC - Rp
8.102.611.12 NMAC, 7/1/2024]
HISTORY OF 8.102.611 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, 5/16/1980.
ISD FA 450, Payment, 2/10/88.
History of Repealed
Material: 8 NMAC 3.FAP, Financial Assistance Program -
Repealed, 07/01/1997.
8.102.610 NMAC Description of
Program/Benefits - Benefit Delivery - Repealed, 07/01/2001.
8.102.611 NMAC - Education Works Program (filed
11/30/2005) - Repealed effective 7/1/2024.
Other History:
8.102.610 NMAC, Section 12,
Education Works Cash Assistance replaced by 8.102.611 NMAC, Education Works
Program, effective December 15, 2005.
8.102.611 NMAC - Education Works Program (filed
11/30/2005) Replaced by 8.102.611 NMAC - Education Works Program, effective 7/1/2024.