N.M. Admin. Code § 8.106.520.10

Current through Register Vol. 35, No. 20, October 22, 2024

Section 8.106.520.10 - EARNED INCOME DEFINITION

A. Earned income means cash or payment in kind that is received as wages from employment, payment in lieu of wages, 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.

B. Earnings include gross profit from self-employment, which requires substantial effort on a continuous basis by the individual who is receiving the income.

(1) Income from rental property is considered earnings if the individual regularly does painting, plumbing, carpentry, maintenance, cleaning or repair work on the property, or if substantial time is spent each month in bookkeeping, collecting rent, or paying bills on the property.

(2) Income from livestock is considered earnings if the individual raises livestock for the purpose of making cash sales. Net income received from the sale of livestock shall be considered in determining the cash assistance benefit amount.

(a) The income received from the sale of livestock may be prorated and projected on a monthly basis over the certification period.

(b) Domestic pets (cats, dogs, etc.) are not considered livestock, and their value is not considered in determining income eligibility, except when they are bred and raised for sale.

C. The use of property, such as inhabiting a home or apartment, is considered as earnings if it is received in exchange for services provided to the person owning or controlling the property, and the applicant or recipient would be legally obligated to make a payment for use of the property.

N.M. Admin. Code § 8.106.520.10

8.106.520.10 NMAC - N, 7/1/2004, Adopted by New Mexico Register, Volume XXXIV, Issue 20, October 24, 2023, eff. 11/1/2023