TITLE 8 SOCIAL
SERVICES
CHAPTER 102 CASH
ASSISTANCE PROGRAMS
PART 611 EDUCATION
WORKS PROGRAM
8.102.611.1 ISSUING
AGENCY: New Mexico Human Services Department.
[8.102.611.1 NMAC - N,
12/15/2005]
8.102.611.2 SCOPE: The rule applies
to the general public.
[8.102.611.2 NMAC - N,
12/15/2005]
8.102.611.3 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 (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 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 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 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.
[8.102.611.3 NMAC - N,
12/15/2005]
8.102.611.4 DURATION: Permanent.
[8.102.611.4 NMAC - N,
12/15/2005]
8.102.611.5 EFFECTIVE
DATE:
December 15, 2005, unless a later date is cited at the end of a section.
[8.102.610.5 NMAC - N,
12/15/2005]
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 - N,
12/15/2005; A, 7/17/2006]
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 department
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 department 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 casehead will be notified at 135 days of the department’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 - N,
12/15/2005]
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 100% 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 - N,
12/15/2005]
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 department’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 twenty-four (24) months,
whether or not consecutive, except:
(a)
that a recipient may participate in the EWP for one additional academic
term following the twenty-four (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 twenty-four (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
department; 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,
8.102.610.12 NMAC, 12/15/2005; A, 7/17/2006]
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) Twenty-four-month time limit: Participation
in the EWP shall be limited to twenty four (24) months, whether or not
consecutive, except
(a) that a recipient may participate in the EWP
for one additional academic term following the twenty-four (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 twenty-four (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 approval shall include:
(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,
8.102.610.12 NMAC, 12/15/2005]
8.102.611.12 TERMINATING PARTICIPATION IN THE
EDUCATION WORKS PROGRAM:
A. The
department 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 department in the
EWP. Appeals are handled pursuant to the
appeal process currently in place for programs administered by the human
services department’s ISD.
[8.102.611.12 NMAC - Rp,
8.102.610.12 NMAC, 12/15/2005]
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, 5-16-80.
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.
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.