N.M. Code R. § 8.139.410.8

Current through Register Vol. 35, No. 11, June 11, 2024

Section 8.139.410.8 - ENUMERATION (SOCIAL SECURITY NUMBER)

A.Requirement: The social security number is required for every individual who receives food stamp benefits. Providing the social security number of a household member is voluntary. However, failure to provide the social security number shall result in the denial of food stamp benefits to the household member.

(1) A household participating in the food stamp program (FSP) must provide the social security number of each household member before certification. An actual social security card is not mandatory to fulfill the verification requirement.

(2) If an individual has more than one number, all numbers must be provided.

(3) If an individual does not have a social security number, or if the household does not know if an individual member has a social security number, the household must apply for a social security number for the individual(s) before certification.

(4) A caseworker shall inform the household where to apply and what information is needed, and shall advise the household that proof of application from the social security administration (SSA) office for a social security number is required before certification.

(5) The caseworker shall explain to applicants and participants that refusal or failure to comply, without good cause, shall result in disqualification of the individual household member for whom a social security number has not been provided or obtained.

(6) For a newborn, the household must provide a social security number or proof of application for a social security number at the next recertification or within six months, whichever is later.

B.Validation of social security number:

(1) The caseworker shall record, in the case file and the computer file, the social security number of each household member at certification, recertification, or at any contact with the household. The social security number is validated by the SSA on a periodic basis.

(2) Immediate validation of an individual's social security number is not required for participation in the FSP. Household certification or issuance of food stamp benefits shall not be delayed solely to validate the social security number of a household member.

(3) When a social security number has been validated by the SSA, the caseworker shall make a permanent annotation on the client case file to prevent validation of the social security number in the future.

(4) The caseworker shall offer to:

(a) complete, or help the applicant complete, an application for a social security number, form SS-5.

(b) verify identity, age, and citizenship or alien status, as required by SSA;

(c) forward the SS-5 application to the SSA.

C.Disqualification from food stamps: If a caseworker determines that the household has refused or failed to provide or apply for a social security number without good cause, the individual who does not have a social security number shall be ineligible to participate in the FSP.

(1)Refusal to comply: Refusal to provide or apply for a social security number shall result in the disqualification of the individual for whom a social security number is required. Any remaining household members are eligible to participate in the FSP.

(2)Failure to comply: Individuals who fail, without good cause, to meet the enumeration requirement within the required time period are ineligible. The disqualification applies to an individual(s), not to an entire household. An individual becomes eligible to participate, and the disqualification ends, when the social security number is provided.

(3)Determining good cause: If a household can show good cause why an application has not been completed in a timely manner, the household member without a social security number shall be allowed to participate for one month in addition to the application month. To determine good cause, information from the household member, the social security administration, and HSD records shall be considered. Documentary evidence or collateral information (8.139.100.7 NMAC definitions) that the member has applied for a social security number or has made every effort to provide the social security administration with the information needed to complete an application is considered good cause for not complying timely with this requirement. If a household member applying for a social security number is unable to obtain the documents required by the social security administration, the caseworker shall make every effort to help the household get these documents.

(a) If a household can show good cause why an application for a social security number has not been made in a timely manner, the household member concerned shall be allowed to continue to participate each month that good cause exists.

(b) Good cause does not include delays caused by illness, lack of transportation, or temporary absence, since the SSA provides for the application process to be conducted entirely by mail. A personal interview is not required except for persons age 18 or over who must apply for an original social security number at a local SSA office.

(4)Participation pending notification: When an application for a social security number has been filed, as verified by a receipt of application for a social security number from the social security administration (SSA), an individual shall be permitted to participate in the food stamp program, pending notification by the SSA of the household member's social security number.

(5)Subsequent actions: If the social security number is not verified at recertification for a number already provided, or has not been computer-verified in the interim, the caseworker shall disqualify the individual for noncompliance with the enumeration requirement. The caseworker shall have offered to help the individual complete an application for a duplicate social security number. Any household member disqualified for noncompliance with the enumeration requirement becomes eligible upon providing verification of a valid social security number.

D.Resources and income: The resources of a disqualified individual count in their entirety. A pro rata share of the disqualified individual's income shall be considered available to the remaining household members.

E.Use of social security number: HSD is authorized to use social security numbers in the administration of the food stamp program. To the extent determined necessary, HSD may access computer information regarding individual applicants and participants who receive benefits or services under Title XVI of the Social Security Act. The social security number shall be used to prevent duplicate participation, to facilitate mass changes in federal benefits, and to request and exchange information on individuals through the IEVS and SAVE computer match programs, and the department of labor.

N.M. Code R. § 8.139.410.8

02/01/95, 07/01/98; 8.139.410.8 NMAC - Rn, 8 NMAC 3.FSP.411, 5/15/2001; A, 2/14/2002, Amended by New Mexico Register, Volume XXVIII, Issue 04, February 28, 2017, eff. 3/1/2017, Adopted by New Mexico Register, Volume XXXIV, Issue 20, October 24, 2023, eff. 11/1/2023