TITLE 8 SOCIAL
SERVICES
CHAPTER 139 FOOD
STAMP PROGRAM
PART 504 NEW
MEXICO EXTRA HELP SNAP
8.139.504.1 ISSUING
AGENCY: New Mexico Human Services Department
[8.139.504.1
NMAC - N, 08/01/2011]
8.139.504.2 SCOPE: General public
[8.139.504.2
NMAC - N, 08/01/2011]
8.139.504.3 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 human
services department (HSD), including its authority to promulgate regulations,
is governed by Chapter 9, Article 8, NMSA 1978 (Repl. 1983).
[8.139.504.3
NMAC - N, 08/01/2011]
8.139.504.4 DURATION: The New Mexico
Extra Help SNAP pilot shall terminate issuance of benefits in conjunction with
the cessation of the grant authorized by the United States department of
agriculture food and nutrition services (FNS).
FNS has authorized the cessation of the program delivery effective April
30, 2013.
[8.139.504.4
NMAC - N, 08/01/2011; A, 04/01/2013]
8.139.504.5 EFFECTIVE
DATE:
August 1, 2011, unless a later date is cited at the end of a section.
[8.139.504.5
NMAC - N, 08/01/2011]
8.139.504.6 OBJECTIVE: The objective
of New Mexico Extra Help SNAP (NM Extra Help SNAP) is to increase access to the
nutrition benefits offered by the food stamp program among elderly and disabled
populations receiving assistance through the medicare saving program (MSP)
through medicaid. The NM Extra Help SNAP
will increase the ability to purchase food and meet dietary needs. The NM Extra Help SNAP is authorized by a
grant funded by the food and nutrition services (FNS).
[8.139.504.6
NMAC - N, 08/01/2011]
8.139.504.7 DEFINITIONS: [RESERVED]
8.139.504.8 PROGRAM
ELIGIBILITY
A. An applicant can opt to receive NM Extra Help SNAP benefits if the
applicant:
(1) receives benefits
through a MSP; and
(2) is 22 years of age or older; and
(3) resides in a NM Extra
Help pilot county; and
(4) is eligible for separate household status as defined at Subsection A of 8.139.400.9 NMAC; or
(5) lives with a spouse who also receives MSP
benefits; or
(6) is living with others
but buys and cooks food separately from others; and
(7) the household has no
earned income.
B. Verification of information: All information received by the department
from the centers for medicaid and medicare (CMS) data interface will be deemed
as true and accurate for purposes of initial verification.
[8.139.504.8
NMAC - N, 08/01/2011]
8.139.504.9 APPLICATION
PROCESS
A. Opt in/out: An applicant
can opt out of NM Extra Help SNAP at any time.
To be considered for regular SNAP benefits, the applicant must apply
through the regular SNAP application process as defined at 8.139.110 NMAC.
B. Application requirements: The application
at minimum will contain:
(1) the applicants name
and address;
(2) receipt of income and
amount;
(3) amount of applicable
deductions, such as shelter and medical; and
(4) must be signed by the applicant or
authorized representative.
C. Application filing: Potential NM
Extra Help SNAP recipients will receive applications from the department based
on interface data supplied by CMS.
D. Processing standards: Applications are processed by the department
and notice of disposition is sent to the applicant.
(1) Standard processing: An
application shall be processed as soon as possible and the applicant afforded
an opportunity to participate no later than 30 days from the date of
application.
(2) Expedited processing: In the
month of application NM Extra Help SNAP applicants shall be considered as
standard food stamp program applicants and may qualify for expedited service in
accordance with 8.139.110.16 NMAC.
E. Authorized representatives: The head of
the household or the spouse may designate an individual who is a non-household
member to act on its behalf in applying, obtaining or using food stamp
benefits.
(1) The caseworker shall
obtain a copy of the household's written authorization for the authorized
representative and maintain it in the household's case record. No limit shall be placed on the number of
households an authorized representative may represent.
(2) Even if the household
member is able to make an application and obtain benefits, the household should
be encouraged to name an authorized representative to use the food stamp
benefits in case illness or other circumstances prevent household members from
using the benefits themselves.
(3) The authorized
representative's identity shall be verified and a copy of the document
maintained in the household's case file.
[8.139.504.9
NMAC - N, 08/01/2011]
8.139.504.10 CASE
MANAGEMENT
A. Interviews: NM Extra Help
SNAP applicants are not required to see an ISD caseworker or be otherwise
subjected to an interview, although additional information or verification may
be requested.
B. Certification periods: Eligible
households shall be assigned to a 36-month certification period, and with no
interim contact.
C. Reporting requirements: NM Extra Help
SNAP recipients are subject only to the reporting standards of MSP and all data
sent to the department monthly. All
information received by the department from the CMS data interface will be
deemed as true and accurate for reported changes.
D. Actions on reported changes: Within 10 days
of receipt the department shall act on the following changes:
(1) death of a household
member;
(2) loss of MSP
eligibility;
(3) changes in state
residency;
(4) a member of the
household's institutional status has changed; or
(5) receipt of earned
income.
E. Recertification: NM Extra Help
SNAP recipients shall not be subject to an interview to review eligibility at
the end of the 36-month certification period.
Recipients shall receive notice of expiration and recertification prior
to closure. Continued eligibility will
be evaluated based on the submission of a completed application. Participants that do not reapply by the end
of certification period will be subject to case closure. Standards for timely submission of the
recertification application will be in accordance with at 8.139.120.8 NMAC.
[8.139.504.10
NMAC - N, 08/01/2011]
8.139.504.11 BENEFIT
DELIVERY
A. Benefit issuance: NM Extra Help
SNAP benefits shall be issued through a direct deposit into a household’s
electronic benefit transfer (EBT) food stamp account. EBT cards are issued and EBT accounts
maintained as defined at 8.139.610 NMAC.
A participating household has a definite issuance date so that food
stamp benefits are received on or about the same time each month. The issuance date is based on the last two
digits of the social security number of the individual to whom the food stamps
are issued. Benefits for the month of
application shall not be prorated.
B. Eligibility determination: Eligibility is based on adjusted net income
(ANI) which equals the countable gross income minus the appropriate standard
deduction, minus the total combined shelter cost, and minus the medical
deduction. To be eligible for NM Extra
Help SNAP, the applicant household’s ANI must be below the appropriate net
income level in accordance with 8.139.500 NMAC.
C. Benefit calculation: Benefits are issued based on adjusted income
(AI) and the shelter to income ratio (STIR).
AI is equal to the gross countable income minus total
medical expenses. The STIR is equal to the total shelter costs divided by the
AI. Benefit amounts shall be subject to
review and adjustment in coordination with the regular food stamp program and
cost neutrality and may be adjusted each January.
(1) Benefits for a two person household:
(a)
The monthly benefit amount for a two person household with a monthly AI
of less than $900.00 is $240.00.
(b)
The monthly benefit amount for a two person household with a monthly
STIR equal to or greater than 0.9 is $240.00.
(c)
The monthly benefit amount for a two person household with a monthly AI
equal to or greater than $900.00 but less than $1,500.00 and a STIR equal to or
greater than 0.8 and less than 0.9 is $180.00.
(d)
The monthly benefit amount for a two person household with a monthly AI
equal to or greater than $900.00 but less than $1,500.00 and a STIR equal to or
greater than 0.25 but less than 0.8 is $75.00.
(e)
The monthly benefit amount for a two person household with a monthly AI
equal to or greater than $1,500 but less than $1,800.00 and a STIR equal to or
greater than 0.25 is $75.00.
(f)
The monthly benefit amount for a two person household with a monthly AI
equal to or greater than $900.00 but less than $1,500.00 and a STIR less than
0.25 is $16.00.
(g) The monthly benefit
amount for a two person household with a monthly AI equal to or greater than
$1,800.00 and a STIR less than 0.25 is $16.00.
(2) Benefits for a one person household:
(a) The monthly benefit
amount for a one person household with an AI less than $500.00 is $180.00.
(b)
The monthly benefit amount for a one person household with an AI of
between $500.00 and $800.00 and a STIR of 0.85 or less is $75.00.
(c)
The monthly benefit amount for a one person household with an AI of
between $500.00 and $800.00 and a STIR greater than 0.85 is $180.00.
(d)
The monthly benefit amount for a one person household with an AI greater
than $800.00 and a STIR of 0.65 or more is $75.00.
(e)
The monthly benefit amount for a one person household with an AI greater
than $800.00 and a STIR less than 0.65 is $16.00.
D. Benefit correction: Benefit corrections shall be determined and
adjusted as defined at 8.139.640 NMAC.
[8.139.504.11
NMAC - N, 08/01/2011; A, 07/01/2012; A, 10/01/2012]
8.139.504.12 OVERPAYMENT AND RECOUPMENT
A. Overpayment: A household that has received NM Extra Help
SNAP benefits and has been determined ineligible or does not qualify for some
or all of the NM Extra Help SNAP benefit shall have a claim established against
the household for the NM Extra Help SNAP benefit amount in accordance with
8.139.640 NMAC.
B. Recoupment:
(1) The household shall
be required to repay any amount of the NM Extra Help SNAP benefit due to an
established claim or overpayment of the NM Extra Help SNAP benefit.
(2) The household shall remain subject to
claim establishment and recoupment for the NM Extra Help SNAP benefit in
accordance with 8.139.640 NMAC.
[8.139.504.12 NMAC - N, 08/01/2011]
History of 8.139.504 NMAC: [Reserved]