N.M. Admin. Code § 8.139.400.9

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

Section 8.139.400.9 - MANDATORY MEMBERS

A. Separate household status: For purposes of participation in the food stamp program, there can be more than one household living in a single dwelling. To be considered separate, an individual or group of individuals must purchase food and prepare meals separately from the other individual(s) living in the dwelling. It is not necessary to store food separately or use a different stove or refrigerator. Individuals who wish to be certified separately from those with whom they live are responsible for verifying their separate status.

B. Spouses and able-bodied parents under age 60 who are away from home all or most of the time with traveling jobs, such as truckers or salespersons, will be considered members of the household, provided they have not established residence away from home.

C. Spouses and parents who are employed away from home, such as construction workers, do not lose or relinquish residence with the household even though a majority of their meals are eaten away from home, provided that they will be in the home at least part of every month. Dual participation will not be permitted.

D. Elderly/disabled: Individuals who are elderly and disabled, and unable to prepare their own meals, but who wish to be considered separate from the others with whom they live, are responsible for obtaining the cooperation of the others in providing necessary income information, and for providing the ISS verification that such individuals meet the Social Security Administration's permanent disability standards. Any household member claiming a permanent disability under the definition of elderly/disabled, who has a disability that is questionable or not apparent to the ISS must provide a statement from a physician, or licensed or certified psychologist, to help the ISS make a disability determination.

E. Ineligible for separate status: The following individuals living with others or groups of individuals living together will be considered as customarily purchasing food and preparing meals together even if they do not do so:

(1) Spouse: Spouses who live together, as defined in Section 8.139.650 NMAC, definitions.

(2) Children: Children (excluding foster children) under 18 years of age who live with and are under the parental control of a household member other than their parent. Children are considered to be under parental control if the children are financially or otherwise dependent on a member of the household.

(3) Parents and children living together: Parents living with their natural, adopted, or stepchildren 21 years of age or younger, or such children living with such parents.

N.M. Admin. Code § 8.139.400.9

02/01/95, 01/01/97, 06/01/99; 8.139.400.9 NMAC - Rn, 8 NMAC 3.FSP.401, 5/15/2001, Adopted by New Mexico Register, Volume XXXV, Issue 13, July 16, 2024, eff. 7/16/2024