N.M. Admin. Code § 8.106.100.7

Current through Register Vol. 35, No. 20, October 22, 2024
Section 8.106.100.7 - DEFINITIONS
A.Definitions beginning with "A":
(1)Adult residential shelter care home (ARSCH): means a shelter care home for adults that is licensed by the department of health.
(2)Alien: means an individual who is not a United States citizen.
(3)Application: means a written request for assistance, on the appropriate ISD form, signed by or on behalf of an individual or family.
(4)Attendant: means an individual needed in the home for medical, housekeeping or child care reasons.
(5)Authorized beneficiary: means the surviving spouse of a disabled adult or the caretaker of an unrelated child, who has the ability to use a deceased recipient's issued payment.
(6)Authorized representative: means an adult who is designated in writing by the applicant and is sufficiently knowledgeable about the applicant/benefit group's circumstances to complete the application form correctly and represent the benefit group.
B.Definitions beginning with "B":
(1)Basic needs: means food, clothing, shelter, utilities, personal requirements and the individual's share of household supplies.
(2)Benefit group: means an individual or group of individuals authorized to receive cash assistance financed by state or local funds.
(3)Benefit month: means the month for which cash assistance benefits are issued.
(4)Budget month: means the calendar month for which income and other circumstances of the benefit group shall be determined in order to calculate the cash assistance amount.
C.Definitions beginning with "C":
(1)Capacity to work: the effects of impairment(s), work-related factors, functionality on the ability for an individual to engage in gainful employment.
(2)Capital gains: means the proceeds from the sale of capital goods or equipment.
(3)Cash assistance: means state-funded cash assistance in the general assistance program, the adult residential shelter care home program (ARSCH), or the burial assistance program for the indigent.
(4)Categorical eligibility (CE): means a SNAP household that meets one of the following conditions is considered to be CE and have limited eligibility requirements.
(a)Financial CE: Any SNAP household in which all members receive Title IV-A assistance (TANF), general assistance (GA), or supplemental security income (SSI) benefits is considered to be categorically eligible for SNAP benefits.
(b)Broad-based CE: Any SNAP household, in good standing, in which at least one member is receiving a non-cash TANF/MOE funded benefit or service and household income is below one hundred sixty-five percent FPG.
(5)Certification: means the authorization of eligibility of a benefit group for the issuance of cash assistance benefits.
(6)Certification period: means the time period in calendar months that is assigned to a benefit group that is approved to receive cash assistance benefits.
(7)Collateral contact: means an individual or agency designated to provide information concerning eligibility.
(8)Contingency: means requirement(s) an individual must accept as a condition of eligibility such as, treatment available outside the GA program, unless a determination is made that good cause exists for the individual's inability to comply.
(9)Conversion factor: means anticipated monthly income received on a weekly or bi-weekly basis shall be converted to a monthly amount.
D.Definitions beginning with "D":
(1)Date of admission: means the date established by the immigration and naturalization service as the date an alien (or sponsored alien) was admitted for permanent residence.
(2)Date of application: means the date the application is received by the income support division offices during regular business hours, this includes applications that are dropped off, submitted in person and electronically. Applications that are dropped off or submitted electronically after regularly scheduled business hours, holidays and weekends will be considered received as of the next business day.
(3)Date of authorization: means the date when action is taken to approve a cash payment for a benefit group.
(4)Date of entry: means the date established by the immigration and naturalization service as the date an alien (or sponsored alien) was admitted for permanent residence.
(5)Day(s): means working days, unless otherwise defined in this chapter.
(6)Department: means the human services department.
(7)Dependent child: means an individual who is seventeen years of age or younger; eighteen years of age and enrolled in high school; or between eighteen and twenty-two years of age and is receiving special education services regulated by the state public education department.
(8)Director: means the director of the income support division.
(9)Disability: means the definitions of disability related to the general assistance program and the disability determination process found at 8.106.420.7 NMAC.
E.Definitions beginning with "E":
(1)Earned income: means cash or payment in-kind that is received as wages from employment or payment in lieu of wages; and earnings from self-employment or earnings acquired from the direct provision of services, goods or property, production of goods, management of property or supervision of services.
(2)Emancipated: means an individual under the age of 18 who is legally recognized as no longer under parental control due to the individual's marriage, active duty in the armed forces or by the order of a court.
(3)Encumbrance: means debt owed on property.
(4)Equity value: means the fair market value of property, less any encumbrances owed on the property.
(5)Essential person: means an individual responsible for the care of a disabled general assistance recipient to the extent that placement into institutional care would be required were it not for care provided by this individual.
(6)Expungement: means the permanent deletion of cash benefits from an EBT account that is stale.
F.Definitions beginning with "F":
(1)Fair hearing: means an administrative proceeding that a claimant or the claimant's representative may request if:
(a) an application is not acted on within the application time limits at 8.106.110.12 NMAC; or
(b) an application is denied in whole or in part; or
(c) cash assistance or services are modified, terminated or not provided.
(2)Fair market value (FMV): means the amount an item can be expected to sell for on the open market at the prevailing rate of return. For vehicles, the term FMV means the amount a dealer would buy a vehicle for wholesale or as a trade-in, not the amount the dealer would sell the vehicle for at retail.
(3)Federal act: means the federal Social Security Act and rules promulgated pursuant to the Social Security Act.
(4)Federal fiscal year: means the time period beginning on October 1 and ending on September 30 of the calendar year.
(5)Federal poverty guidelines: means the level of income defining poverty by family size, published annually in the federal register by the United States department of health and human services.
G.Definitions beginning with "G":
(1)Gainful employment: means any job or class of jobs in the state that would provide an income equaling or exceeding eighty-five percent of the federal poverty guidelines to the benefit group.
(2)Government entity: means any federal, state, tribal or local unit of government as well as any non-government entity that receives public funds for the purpose of meeting the needs of its clientele.
(3)Gross income: means the total amount of earned or unearned income before any voluntary or involuntary deductions are made, such as, but not limited to, federal and state taxes, FICA, garnishments, insurance premiums (including medicare), and monies due and owing the benefit group but diverted by the provider. Gross income does not include specific income exclusions, such as but not limited to, the cost of producing self-employment income and income excluded by federal law.
(4)Gross income test: means the income test applied to the maximum income eligibility limit for participation in a particular cash assistance program based on the size of the household or benefit group.
(5)Guaranteed basic income: Guaranteed basic income is a program where citizens receive direct cash payments on a regular basis if they meet the eligibility criteria for that program.
H.Definitions beginning with H": Head of household means an individual who is the responsible case head for the benefit group. The head of household may be the parent, guardian, sole adult member, specified relative, pregnant woman, a recipient of general assistance, or caretaker.
I.Definitions beginning with "I":
(1)Immigrant: means an individual who is an alien as defined in title IV of the federal Personal Responsibility and Work Opportunity Reconciliation Act (PROWRA) and within the technical meaning at 8 U.S.C. 1101(a)(15).
(2)Ineligible alien: means an individual who does not meet the eligible alien requirements or has not been admitted for permanent residence.
(3)Initial month: means the first month for which a benefit group is certified for participation in the cash assistance program. An initial month is also a month in which a benefit group is certified following a break in participation of one calendar month or longer.
(4)Inquiry: means a request for information about eligibility requirements for a financial, medical, or food assistance program that is not an application for that program.
(5)Interim assistance reimbursement: means the program within the social security administration that will reimburse the state through the department for payments made to an individual receiving GA disability during the period the individual's application for SSI was pending.
(6)Institution of higher education: means any education institution which normally requires a high school diploma or equivalency certificate for enrollment, including, but not limited to, colleges, universities, and vocational or technical schools at the post-high school level.
(7)Institutionalized: Living in a facility licensed as an adult residential shelter care home (ARSCH) by the New Mexico department of health.
(8)Irrevocable trust funds: means an arrangement to have monies held by one person for the benefit of another that cannot be revoked.
(9)Issuance month: means the calendar month in which cash assistance is issued.
J.Definitions beginning with "J": [RESERVED]
K.Definitions beginning with "K": [RESERVED]
L.Definitions beginning with "L": Limited state funds means that the standard of need for a one person benefit group is calculated at $150.00 per month or less.
M.Definitions beginning with "M":
(1)Maintenance of effort: means the amount of general funds the state agency must expend annually on the four purposes of temporary assistance to needy families (TANF) to meet the minimum expenditure requirement based on a state's historical assistance for families with dependent children (AFDC) expenditures.
(2)Mandatory benefit group member: The income and resources of mandatory members will always be considered to determine need, but not payment. In order to be included in the assistance group, members must individually meet eligibility requirements. Members mandatory for inclusion are: spouses residing in the home with the applicant, a caretaker of the applicant, and the father of an unborn child residing in the home with the applicant.
(3)Medicaid: means medical assistance under title XIX of the Social Security Act, as amended.
(4)Minor unmarried parent: means an unmarried parent who is under the age of 18 years or is age 18 and enrolled in high school.
(5)Month of approval: means the first month in which a benefit group is eligible for cash assistance.
N.Definitions beginning with "N":
(1)Net income test: means the income test applied to eligibility for a particular program, after all allowable deductions are taken from the gross income for the household or benefit group. To be eligible, the benefit group's net earned income must be less than the standard of need applicable to the benefit group after allowable deductions have been made to the earned and unearned income.
(2)Net monthly income: means gross non-exempt income minus the allowable deductions. Net monthly income is the figure used to determine eligibility and cash assistance benefit amount.
(3)New Mexico works: means the federally funded temporary cash assistance program for needy families that carries a sixty-month term limit for adults in the state.
(4)Non-benefit group members: means persons residing with a benefit group but who are specifically excluded by regulation from being included in the benefit group certification.
(5)Non-cash TANF/MOE benefit or service: means a non-cash TANF/MOE benefit or services including programs or services that do not provide cash to recipients, but are funded by the TANF program, either by the federal TANF block grant or the state MOE share. These services may include transportation, childcare, counseling programs, parenting programs, pamphlets or referrals to other TANF/MOE-funded services.
(6)Notice: means written correspondence that is generated by any method including handwritten, typed or electronic, delivered to the client or their authorized representative by hand, U.S. mail, professional delivery or by any electronic means. The term "written notice" and "notice" are used interchangeably.
(7)Notice of adverse action (NOAA): means a written or electronic notice sent 13 days in advance of an action to reduce, suspend or terminate benefits that includes a statement of the action the department intends to take, the reason for the action, the benefit group's right to a fair hearing, who to contact for additional information, the availability of continued benefits, and liability of the benefit group for any overpayment received if the hearing decision is adverse to the benefit group.
O.Definitions beginning with "O": Overpayment/over-issuance means the amount by which cash assistance benefits issued to a benefit group exceed the amount the benefit group was eligible to receive.
P.Definitions beginning with "P":
(1)Parent: means a natural parent, adoptive parent, or stepparent.
(2)Payment: means the amount of the cash assistance benefit, after the countable net earned and unearned income of the benefit group has been subtracted from the benefit group's standard of need, and before any reduction by sanction or recoupment.
(3)Permanently residing under color of law (PRUCOL): means aliens lawfully admitted for permanent residence or permanently residing in the United States under color of law as follows.
(a) The individual may be eligible for medicaid if the individual is an alien residing in the United States with the knowledge and permission of the immigration and naturalization services (INS) and the INS does not contemplate enforcing the alien's departure. The INS does not contemplate enforcing an alien's departure if it is the policy or practice of INS not to enforce the departure of aliens in the same category, or if from all the facts and circumstances in a particular case it appears that INS is otherwise permitting the alien to reside in the United States indefinitely, as determined by verifying the aliens status with INS.
(b) Aliens who are permanently residing in the United States under color of law are listed below. None of the categories include applicants for an immigration and naturalization service status other than those applicants listed in Item (vi) of Subparagraph (b) of Paragraph (2) of Subsection A of 8.200.410.11 NMAC or those covered under Item (xvi) of Subparagraph (b) of Paragraph (2) of Subsection A of 8.200.410.11 NMAC. None of the categories allow medicaid eligibility for non-immigrants; for example, students or visitors. Also listed are the most commonly used documents that the INS provides to aliens in these categories:
(i) aliens admitted to the United States pursuant to 8 U.S.C. 1153(a)(7) (Section 203(a)(7) of the Immigration and Nationality Act); ask for a copy of INS Form I-94 endorsed "refugee-conditional entry";
(ii) aliens, including Cuban/Haitian entrants, paroled in the United States pursuant to 8 U.S.C. 1182(d)(5) (Section 212(d)(5)) of the Immigration and Nationality Act; for Cuban/Haitian entrant (Status Pending) reviewable January 15, 1981; (although the forms bear this notation, Cuban/Haitian entrants are admitted under section 212(d)(5) of the Immigration and Nationality Act);
(iii) aliens residing in the United States pursuant to an indefinite stay of deportation; ask for an immigration and naturalization service's letter with this information or INS Form I-94 clearly stated that voluntary departure has been granted for an indefinite period of time;
(iv) aliens residing in the United States pursuant to an indefinite voluntary departure; ask for an immigration and naturalization service's letter or INS Form I-94 showing that voluntary departure has been granted for an indefinite time period;
(v) aliens on whose behalf an immediate relative petition has been approved and their families covered by the petition who are entitled to voluntary departure (under 8 CFR 242.5(a)(2)(vi)) and whose departure the immigration and naturalization service does not contemplate enforcing; ask for a copy of INS Form I-94 or Form I-210 or a letter clearly stating that status;
(vi) aliens who have filed applications for adjustment of status pursuant to Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) that the immigration and naturalization services has accepted as properly filed (within the meaning of 8 CFR 245.2(a)(1) or (2) and whose departure the immigration and naturalization service does not contemplate enforcing; ask for a copy of INS Form I-94 or I-181 or a passport appropriately stamped;
(vii) aliens granted stays of deportation by court order, statute, or regulation, or by individual determination of the immigration and naturalization service pursuant to Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105 a) or relevant immigration and naturalization service's instructions, whose departure that agency does not contemplate enforcing; ask for a copy of INS Form I-94 or a letter from the immigration and naturalization service, or a copy of a court order establishing the alien's status;
(viii) aliens granted asylum pursuant to Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158); ask for a copy of INS Form I-94 and a letter establishing this status;
(ix) aliens admitted as refugees pursuant to Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) or Section 203(a)(7) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)); ask for a copy of INS Form I-94 properly endorsed;
(x) aliens granted voluntary departure pursuant to Section 242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) or 8 CFR 242.5 whose departure the Immigration and Naturalization Service does not contemplate enforcing; ask for a Form I-94 or Form I-210 bearing a departure date;
(xi) aliens granted deferred action status pursuant to Immigration and Naturalization Service Operations Instruction 103.1(a)(ii) prior to June 15, 1984 or 242.1(a)(22) issued June 15, 1984 and later; ask for a copy for INS Form I-210 or a letter showing that departure has been deferred;
(xii) aliens residing in the United States under orders of supervision pursuant to Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252(d)); ask for a copy of Form I-220 B;
(xiii) aliens who have entered and continuously resided in the United States since before January 1, 1972, (or any date established by Section 249 of the Immigration and Nationality Act, 8 U.S.C. 1259); ask for any proof establishing this entry and continuous residence;
(xiv) aliens granted suspension for deportation pursuant to Section 244 of the Immigration and Naturalization Act (8 U.S.C. 1254) and whose departure the immigration and naturalization service does not contemplate enforcing; ask for an order from an immigration judge showing that deportation has been withheld;
(xv) aliens whose deportation has been withheld pursuant to Section 243(h) of the Immigration and Nationality Act (8 U.S.C. 1253(h)); ask for an order from an immigration judge showing that deportation has been withheld;
(xvi) any other aliens living in the United States with the knowledge and permission of the immigration and naturalization service and whose departure the agency does not contemplate enforcing (including permanent non-immigrants as established by Public Law 99-239, and persons granted extended voluntary departure due to conditions in the alien's home country based on a determination by the secretary of state).
(4)Person: means an individual.
(5)Prospective budgeting: means the computation of a benefit group's eligibility and benefit amount based on an estimate of income and circumstances that will exist in the current month and future months.
Q.Definitions beginning with "Q": Qualified alien includes any of the classes of immigrant status granted by USCIS below:
(1) an alien who is lawfully-admitted for permanent residence (LPR) under the Immigration and Nationality Act (INA);
(2) an alien granted asylum under section 208 of the INA;
(3) an alien admitted into the United States as a refugee under section 207 of the INA;
(4) an alien paroled into the United States for a period of at least one year under section 212(d)(5) of the INA;
(5) an alien whose deportation has been withheld under section 243(h) of the INA as in effect prior to April 1, 1997, who whose removal has been withheld under section 241(b)(3) of the INA;
(6) an alien who has been granted conditional entry pursuant to section 203(a)(7) of the INA as in effect prior to April 1, 1980;
(7) an alien who was a Cuban or Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980;
(8) an alien, an alien parent or alien child, who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent or by a member of the spouse or parent's family residing in the same home as the alien at the time of the abuse and there is a petition pending under 204(a)(1)(A) or (B) or 244(a)(3) of the INA, as long as the alien has begun the process of becoming a lawful permanent resident under the Violence Against Women Act;
(9) an alien who is a victim of a severe form of trafficking, regardless of immigration status, under the Trafficking Victims Protection Act of 2000.
R.Definitions beginning with "R":
(1)Real property: means land and affixed improvements and structures, which include mobile homes. Grazing permits are also considered real property.
(2)Recertification: means a complete review of all conditions of eligibility and a redetermination of the amount of the cash assistance benefits for an additional period of time.
(3)Recipient: means a person receiving cash assistance benefits.
(4)Reconsideration: means a re-evaluation of disability based on additional medical evidence provided by the client.
(5)Refugee: means a lawfully admitted individual granted conditional entry into the United States.
(6)Resource standard: means the financial standard with respect to an applicant's/recipient's resources and property, which is set at $2,000 for non-liquid resources and $1,500 for liquid resources.
(7)Retrospective budgeting: means the computation of a benefit group's benefits for an issuance month based on actual income and circumstances that existed in the previous month.
S.Definitions beginning with "S":
(1)Secretary: means the secretary of the human services department.
(2)Self-employed: means an individual who engages in a self-managed enterprise for the purpose of providing support and income.
(3)Set term GA: The certification period shall be for a set length of time dependent upon conditions, beginning from the month of approval and is not subject to review.
(4)Shelter for battered persons: means a public or private nonprofit residential facility that serves battered persons. If such a facility serves other individuals, a portion of the facility must be set aside on a long-term basis to serve only battered persons.
(5)Simplified reporting: a reporting requirement for households that receive GA benefits in accordance with 8.106.431 NMAC.
(6)Single-parent benefit group: means a benefit group that does not include both parents of a child who is included in the benefit group and thus includes families in which there is only one parent or in which there are no parents.
(7)Sponsor: means a person who executed an affidavit of support or similar agreement on behalf of an alien as a condition of the alien's entry or admission into the United States as a permanent resident.
(8)Sponsored alien: means an alien lawfully admitted for permanent residence in the United States as an immigrant, as defined in Sections 101(a)(15) and 101(a)(2) of the Immigration and Nationality Act.
(9)Spouse: means an individual legally bound by marriage.
(10)Stale: means EBT accounts which have not been accessed (no withdrawal activity) by the household in the last 90 days from the most recent date of withdrawal.
(11)Standard of need: means the amount provided to each GA cash assistance benefit group on a monthly basis and is based on legislative funding, the number of individuals included in the benefit group, number of cases, number of applications processed and approved, application approval rate, number of case closures, IAR case number and expenditures, and number of pending applications.
(12)Supplemental nutrition assistance program (SNAP): The Food and Nutrition Act of 2008 changed the federal name of the food stamp program to the supplemental nutrition assistance program. SNAP is synonymous with the food stamp program.
(13)Supplemental security income (SSI): means monthly cash payments made under the authority of:
(a) Title XVI of the Social Security Act, as amended, to the aged, blind and disabled;
(b) Section 1616(a) of the Social Security Act; or
(c) Section 1382 of the Social Security Act.
T.Definitions beginning with "T": [RESERVED]
U.Definitions beginning with "U":
(1)Unavailable state funds: means the funds are not sufficient to provide all GA benefit groups with a one dollar monthly cash payment.
(2)Unearned income: Means old age, survivors and disability insurance payments (social security); railroad retirement benefits; veterans administration compensation or pension payments; military retirement and allotments; pensions, annuities and retirement benefits; lodge or fraternal benefits; other public or private disability or retirement benefits or pension; shared shelter payments; individual Indian money (IIM); royalty or lease payments for land or property owned by a benefit group member; settlement payments resulting from insurance or litigation; worker's compensation benefits; child support; unemployment compensation benefits; union benefits paid in cash; gifts and contributions; and real property income.
(3)Universal basic income: Universal basic income is a government-guaranteed program that provides a modest cash income at regular intervals (e.g., each month or year) to citizen.
(4)Unrelated caretaker: means an individual who is not a specified relative within the fifth degree of relationship of a dependent child and has assumed responsibility for care, support and supervision of an unrelated child and for meeting the child's physical and emotional needs.
(5)Unrelated child: means a minor, under 18 years of age, residing with a caretaker who is not a specified relative within the fifth degree of relationship.
V.Definitions beginning with "V":
(1)Variable term GA: The certification period shall be set for a length of time, not to exceed 12 months, beginning from the month of approval and is subject to review.
(2)Verification: means the use of third-party information or documentation to establish the accuracy of statements on the application or recertification.
W.Definitions beginning with "W": Work related factors means factors taken into account in the disability determination process such as age, education, training, work experience, language ability, appearance, marital status, living situation, as well as relevant social history and minimal employment and activities that would be required in a work setting such as sitting, standing, walking, lifting, carrying, handling, seeing, hearing, communicating and understanding and following directions.
X.Definitions beginning with "X": [RESERVED]
Y.Definitions beginning with "Y": [RESERVED]
Z.Definitions beginning with "Z": [RESERVED]

N.M. Admin. Code § 8.106.100.7

8.106.100.7 NMAC - Rp, 8.106.100.7 NMAC, 12/1/2009; A, 4/1/2010; A, 7/1/2013, Amended by New Mexico Register, Volume XXVIII, Issue 16, August 29, 2017, eff. 9/1/2017, Adopted by New Mexico Register, Volume XXXIV, Issue 20, October 24, 2023, eff. 11/1/2023