TITLE 8              SOCIAL SERVICES

CHAPTER 139  FOOD STAMP PROGRAM

PART 502           STATE FOOD STAMP SUPPLEMENT

 

8.139.502.1          ISSUING AGENCY:  New Mexico Health Care Authority.

[8.139.502.1 NMAC - N, 8/30/2007; A, 7/1/2024]

 

8.139.502.2          SCOPE:  General public.

[8.139.502.2 NMAC - N, 08/30/2007]

 

8.139.502.3          STATUTORY AUTHORITY:  The food stamp program is authorized by the Food Stamp Act of 1977 as amended (7 U.S.C. 2011 et. seq.).  Regulations issued pursuant to the act are contained in 7 CFR Parts 270-282.  State authority for administering the food stamp program is contained in Chapter 27 NMSA 1978.  Administration of the health care authority (HCA), including its authority to promulgate regulations, is governed by Chapter 9, Article 8, NMSA 1978 (Repl. 1983).  Section 9-8-1 et seq. NMSA 1978 establishes the HCA as a single, unified department to administer laws and exercise functions relating to health care facility licensure and health care purchasing and regulation.

[8.139.502.3 NMAC - N, 8/30/2007; A, 7/1/2024]

 

8.139.502.4          DURATION:  Permanent.

[8.139.502.4 NMAC - N, 08/30/2007]

 

8.139.502.5          EFFECTIVE DATE:  August 30, 2007, unless a later date is cited at the end of a section.

[8.139.502.5 NMAC - N, 08/30/2007]

 

8.139.502.6          OBJECTIVE:  The objective of the state food stamp supplement benefit is to reduce hunger and improve nutrition among the elderly or disabled by increasing their ability to purchase food and meet their dietary needs.

[8.139.502.6 NMAC - N, 08/30/2007]

 

8.139.502.7          DEFINITIONS: [RESERVED]

 

8.139.502.8          STATE SNAP SUPPLEMENT BENEFITS:

               A.           Purpose:  The state SNAP supplement program is aimed at providing the elderly and disabled with increased food purchasing power resulting in better nutrition.

               B.           Maximum benefit amount:  The benefit amount shall be established by the HSD secretary based on available state funds.

               C.           Eligibility process:  The state SNAP supplement shall be determined only for households that meet all eligibility requirements identified in Subsection D of 8.139.502.8 NMAC.

               D.           Eligibility requirements:  The state SNAP supplement benefits shall be subject to all federal SNAP application, eligibility, certification, and reporting requirements.  The state SNAP supplement benefits shall be extended only to a household who receives less than the federal minimum benefit allotment.  State SNAP supplement benefits shall be provided to a household under the following qualifications and eligibility requirements:

                              (1)          all household members qualify and receive federal SNAP program benefits;

                              (2)          all household members are elderly or disabled as defined in Subsection A of 8.139.100.7 NMAC;

                              (3)          the household does not receive any earned income; and

                              (4)          the household receives a federal SNAP program allotment amount, prior to any claim recoupment, of less than or equal to the federal minimum allotment.

[8.139.502.8 NMAC - N, 08/30/2007; A, 04/15/2009; A, 01/01/2011; A, 03/01/2024]

 

8.139.502.9          DETERMINING THE BENEFIT:

               A.           Application:  A household shall not be required to submit an application in addition to the application for federal SNAP benefits to qualify or be determined eligible for the state SNAP supplement amount.

               B.           Eligibility determination:  Eligibility shall be determined for a household meeting all eligibility requirements at:

                              (1)          the time of application approval;

                              (2)          the time of recertification;

                              (3)          the month following a reported change which qualifies the household; or

                              (4)          the month following a change that becomes known to the agency in which the change qualifies the household; or

                              (5)          at time of implementation of this program.

               C.           Calculating the state SNAP supplement amount:  A household qualified and eligible for the state SNAP supplement shall receive a state supplement to the federal SNAP allotment amount to an amount that is determined based on the availability of state funds before any recoupments and overpayments have been applied to the benefit amount.

                              (1)          Application month:  The state SNAP supplement shall be determined by subtracting the federal FSP benefit amount, after the federal FSP benefit is prorated and prior to any recoupment, from the federal minimum allotment.  The state SNAP supplement shall not be prorated.

                              (2)          Ongoing month:  The state SNAP supplement shall be determined by subtracting the federal SNAP allotment, prior to any recoupment, from the determined supplement amount.

                              (3)          Eligibility for a prior month:

                                             (a)          The state SNAP supplement shall not be provided to a household for a benefit month prior to July, 2007.

                                             (b)          A household in which the federal benefit amount is adjusted for a prior month may be eligible for the state SNAP supplement provided the household qualifies and is eligible for the supplement.

                              (4)          Current FSP households:  Households which meet the qualifications and eligibility requirements for the state SNAP supplement shall be eligible for the supplement without any action required by the household.  The household shall be eligible for a supplement for any month beginning July 2007 and after upon implementation of the program for which the household qualifies.

               D.           Ineligibility:  A household shall become ineligible for the state SNAP supplement if the household does not meet the eligibility requirements specified in 8.139.502.8 NMAC the month following the month the notice of adverse action expires.  The household’s eligibility for the state SNAP supplement shall be made at the time of:

                              (1)          application approval;

                              (2)          recertification;

                              (3)          a reported change;

                              (4)          a change becomes known to the agency; or

                              (5)          at the time of a mass change.

               E.           Notice:  A household that qualifies and is eligible for SNAP benefits shall be issued notice in accordance with 8.139.110.14 NMAC.  A notice of adverse action shall not be considered if the household federal SNAP and state SNAP supplement does not decrease below the federal minimum allotment..  A household that qualifies and is eligible for the state SNAP supplement shall be issued a notice for the following circumstances:

                              (1)          Approval:  A household shall be issued an approval notice at the time the household is determined eligible for the state SNAP supplement.  The approval notice shall identify the amount of the state SNAP supplement.

                              (2)          Benefit change:  A household shall be issued a notice at the time the state SNAP supplement is increased or decreased.  The amount of benefit is subject to change when the federal SNAP benefit is increased or decreased.

                              (3)          Ineligibility:  A household shall be issued a notice when the household no longer qualifies or is eligible for the state SNAP supplement as indicated in Subsection D of 8.139.502.8 NMAC.

[8.139.502.9 NMAC - N, 08/30/2007; A, 04/15/2009; A, 01/01/2011; A, 03/01/2024]

 

8.139.502.10       BENEFIT ISSUANCE AND DELIVERY:

               A.           Benefit issuance:  The state food stamp supplement benefits are issued at the same time as the federal food stamp benefits, through issuance into a household’s electronic benefit transfer (EBT) food stamp account as defined in 8.139.610 NMAC.

               B.           Expungement:  The state food stamp supplement shall be subject to expungement in accordance with 8.139.610.8 NMAC.

               C.           Issuance and replacement of EBT card:  To access and use the state food stamp supplement benefit, the household may use the same EBT card issued for the federal food stamp benefits.

               D.           Approval notification:  Upon approval of the state food stamp supplement benefit, the household shall be notified of the new food stamp benefit amount and the notice shall be mailed to the applicant as per 8.139.110.14 NMAC.

               E.           Household use of state food stamp supplement benefits:  The household shall only be allowed to use the state food stamp supplement for food purchases in accordance with 8.139.610.11 NMAC.

[8.139.502.10 NMAC - N, 08/30/2007]

 

8.139.502.11       OVERPAYMENT AND RECOUPMENT:

               A.           Overpayment:  A household that has received the state food stamp supplement benefit and has been determined ineligible or does not qualify for some or all of the state food stamp supplement benefit shall not have a claim established against the household for the state food stamp supplement benefit amount.

               B.           Recoupment:

                              (1)          The household shall not be required to repay any amount of the state food stamp supplement benefit due to an established claim or overpayment of the federal food stamp benefit.

                              (2)          The household shall remain subject to claim establishment and recoupment for the federal portion of the food stamp benefit in accordance with 8.139.640 NMAC.

                              (3)          The human services department may not recoup any portion of the state food stamp supplement without the household agreeing to the collection.

[8.139.502.11 NMAC - N, 08/30/2007]

 

HISTORY OF 8.139.502 NMAC:  [RESERVED]