TITLE 8 SOCIAL
SERVICES
CHAPTER 106 STATE
FUNDED ASSISTANCE PROGRAMS
PART 631 HEAT
AND EAT PROGRAM
8.106.631.1 ISSUING
AGENCY: New Mexico Health Care Authority.
[8.106.631.1
NMAC - N, 11/1/2020; A,7/1/2024]
8.106.631.2 SCOPE: This rule
applies to the general public.
[8.106.631.2
NMAC - N, 11/1/2020]
8.106.631.3 STATUTORY
AUTHORITY: 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.
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.
[8.106.631.3 NMAC - N, 11/1/2020 ; A,7/1/2024]
8.106.631.4 DURATION: Permanent.
[8.106.631.4 NMAC - N, 11/1/2020]
8.106.631.5 EFFECTIVE
DATE: November 1, 2020, unless a later date is cited at the end of a section.
[8.106.631.5
NMAC - N, 11/1/2020]
8.106.631.6 OBJECTIVE: The objective of the New Mexico heat and eat
program is to provide households with a cash payment to assist with energy expenses
to households that do not pay heating or cooling expenses and do not receive LIHEAP
but have an identifiable shelter cost. Payments
are credited to recipients through a state managed fund. In addition to the
energy assistance payment households who received this payment will see an
increase in their deduction amount used to determine their SNAP benefit
allotment.
[8.106.631.6
NMAC - N, 11/1/2020]
8. 106.631.7 DEFINITIONS:
[RESERVED]
[8.106.631.7 NMAC - N, 11/1/2020]
8. 106.631.8 PROGRAM
ELIGIBILTY: Benefits shall be processed annually at the
beginning of the federal fiscal year dependent on the availability of funding.
A. Limited
to current SNAP recipients: no application
is needed for an individual or groups of individuals who reside together
that do not pay separate heating or cooling costs and do not receive the
Heating and Cooling Standard Utility Allowance (HCSUA).
B. Household: Eligible
household include those who:
(1) are receiving SNAP after being determined eligible as
outlined in 8.139.110 NMAC;
(2) have gross income less than one
hundred sixty-five percent of the poverty level; and
(3) do not pay for any heating or cooling
expenses, including the payment of a fee to use an air conditioner; and
(4) are not receiving the maximum SNAP
benefit; and
(5) have an identifiable shelter cost.
C. Eligible
households: will receive the HCSUA is accordance with 8.139.510.11NMAC.
[8.106.631.8
NMAC - N, 11/1/2020]
8. 106.631.9 BENEFIT
DELIVERY:
A. Effective date: At the
beginning of every federal fiscal year, October 1, a one-time energy assistance
cash payment will be issued to eligible households as defined in Subsection A
of 8.106.631.9 NMAC.
B. Benefit issuance: Heat and Eat benefits
are issued through a direct deposit into a household’s EBT account. EBT cards are issued and maintained as
defined at 8.139.610 NMAC. A Heat and
Eat participating household has a definite issuance
date so that benefits are received on or about the same time annually.
C. Benefit
Amount: Dependent on the
availability of state general fund a cash payment of no less than $20 will be
issued.
D. Eligible
Uses for Benefit: This Cash
benefit is intended to help the household meet their heating or cooling needs. Please
refer to 8.106.610.8 NMAC for uses of Cash benefit.
[8.106.631.9 NMAC - N,
10/1/2020]
8. 106.631.10 RECOUPMENT: If
the benefit is not used by the end of the federal fiscal year that the benefits
was issued, September 30, the benefit will be recouped from the participants
EBT card and placed back into the state general fund.
[8.106.631.10 NMAC - N, 11/1/2020]
HISTORY OF 8. 106.631NMAC: [RESERVED]