N.M. Admin. Code § 17.11.11.8

Current through Register Vol. 35, No. 21, November 5, 2024

Section 17.11.11.8 - ELIGIBILITY REQUIREMENTS

A. Program-Based Criteria. All ETCs shall provide lifeline and linkup benefits to any applicant who self-certifies, under penalty of perjury, that his or her household is eligible for public assistance under one or more of the following programs:

(1) temporary assistance to needy families (TANF);

(2) food stamps;

(3) low income home energy assistance program (LIHEAP);

(4) medicaid;

(5) supplemental security income;

(6) national school lunch program; or

(7) federal public housing assistance.

B. Income Based Criteria. All ETCs shall provide lifeline and linkup benefits to any applicant who certifies, with supporting documentation and under penalty of perjury, that his or her household income is at or below 150 percent of the applicable federal poverty guidelines upon annual publication by the U.S. department of health and human services in the federal register.

(1) Income-based eligibility is based, in part, on household size. Therefore, an applicant must certify, under penalty of perjury, the number of individuals residing in his or her household.

(2) An applicant must certify, under penalty of perjury, that the documentation supporting income-based certification accurately represents the applicant's annual household income. The following documents, or any combination of these documents, are acceptable to support certification based upon income:

(a) prior year's state, federal or tribal tax returns;

(b) current year-to-date earnings statement from an employer or three consecutive months of paycheck stubs;

(c) social security administration statement of benefits;

(d) veteran's administration statement of benefits;

(e) retirement/pension statement of benefits;

(f) unemployment/workers' compensation statement of benefits;

(g) federal or tribal notice of participation in bureau of Indian affairs general assistance; or

(h) divorce decree or child support wage assignment statement.

C. Application. The application form for participation in lifeline and linkup benefits shall be available from each ETC, the commission's consumer relations division, and the responsible agency, if one has been designated by the commission. Each completed application shall contain the following information, where applicable:

(1) applicant's name, telephone number and home address;

(2) the particular public assistance program(s), if applicable, and identification of the ETC that the applicant anticipates will provide service;

(3) an affirmative statement that the applicant qualifies for lifeline or linkup benefits;

(4) an affirmative statement under penalty of perjury affirming that the applicant is participating in one of the programs listed in Subsection A of 17.11.11.8 NMAC, or a statement under penalty of perjury affirming that the applicant's household income is at or below 150 percent of the federal poverty guideline; and if the application is based on income criteria, a statement under penalty of perjury that identifies the number of individuals residing in the household and affirms that the documentation presented to support income-based eligibility accurately represents the applicant's household income;

(5) the following affirmative statement under penalty of perjury that the applicant is not receiving lifeline benefits of any kind on any other telephone or wireless account: "I agree to notify (name of carrier) when I no longer participate in any of the above qualifying public assistance programs or when there has been a change in the size or income level of my household. I certify under penalty of perjury the above information and attached documentation are true and that I and no one else is receiving lifeline benefits at this address, on either a telephone or wireless telephone account"; and

(6) the applicant's signature.

D. Document Retention. The ETC or responsible agency shall retain eligibility applications for three (3) calendar years.

E. Tribal Land Lifeline and Linkup Benefits. Customers who live on tribal lands and who qualify for state lifeline and linkup benefits based on the program or income criteria set forth in Subsections A and B of 17.11.11.8 NMAC are eligible to receive prescribed federal benefits. Such federal benefits are not within the scope of, nor governed by, this rule.

N.M. Admin. Code § 17.11.11.8

17.11.11.8 NMAC - N, 11-15-10