N.M. Code R. § 8.139.410.14

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

Section 8.139.410.14 - REQUIREMENTS FOR ABLE BODIED ADULTS

ISD will administer this program in accordance with 7 Code of Federal Regulation (CFR) 273.24. This program is referred to as the time limit rule or the able bodied adults without dependents ("ABAWD") program. The program is mandatory at all times unless there is a federally approved statewide waiver in place in accordance with 7 CFR 273.24(f). A statewide waiver makes the program non-mandatory for all ABAWDs who would otherwise be subject to the three month time limit requirement. When a statewide waiver is not in place, ABAWDs are mandatory for all requirements as detailed below. ISD will inform all potential ABAWD households of the ABAWD time limit prior to the expiration of a statewide waiver. ISD will use a fixed 36 month period for measurement and tracking purposes beginning June 1, 2017 through May 31, 2020, and every subsequent fixed three year period.

A. The age limit standards for individuals who are subject to the ABAWD work requirement.

Age Limit	Date ends
18-49	September 5th 2023
18-50	September 30th 2023
18-52	September 30th 2024
18-54	September 30th 2025

B.Able bodied adults can comply by: working 20 hours per week, averaged monthly; for purposes of this provision, 20 hours per week averaged monthly means 80 hours per month; work is defined as:

(1) work in exchange for money;

(2) work in exchange for goods or services ("in kind" work); or

(3) unpaid work, which includes work without compensation that gives a person experience in a job or industry, tests a person's job skills, or involves volunteer time and effort to a not-for-profit organization.

C.Good cause: As determined by ISD, if an individual would have worked an average of 20 hours per week but missed some work for good cause, the individual shall be considered to have met the work requirement if the absence from work is temporary. Good cause shall include circumstances beyond the individual's control, such as, but not limited to, illness, illness of another household member requiring the presence of the member, a household emergency, or the unavailability of transportation.

D.Waived from the time limit requirements: ISD will waive the three month time limit requirement for the following individuals in accordance with 7 CFR 273.24(f):

(1) any individual residing in or relocating to a county that has an unemployment rate twenty percent above the national average as defined by ISD;

(2) any individual residing in or relocating to pueblos, tribes, and nations, with an estimated employment to population ratio as a measure for insufficient job availability as determined by ISD.

E. Able bodied adults who are determined to be ineligible for SNAP benefits because of non-compliance with the time limit requirements can regain eligibility in accordance with 7 CFR 273.24(d)(i), (d)(ii), (d)(iii), or (d)(v).

F.Exceptions to the three month time limit:

(1) Exceptions to the three month time limit required participation are found at 7 CFR 273.24(c).

(2) Physical and mental unfitness for the three month time limit requirements exception is defined as an individual who has a mental or physical illness or disability, temporary or permanent, which reduces their ability to financially support themselves.

(a) unfitness can be obvious to ISD and documented in the case file; or

(b) not obvious, but is documented by a physician, physician's assistant, nurse, nurse practitioner, a licensed or certified psychiatrist or a licensed or certified psychologist or social worker as being unfit to work; this claim of physical or mental unfitness must be substantiated by written documentation identifying the physical or mental condition and certifying that the person is unfit for employment.

(3) Individuals who are homeless as outlined at Subsection A of 8.139.100.7 NMAC.

(4) Individuals who are Veterans.

(5) Individuals 24 years of age or younger who were in foster care under the responsibility of the state through the maximum age permitted by the state.

G. ISD will administer the eight percent exemptions, as allowed by the food and nutrition service (FNS) and as determined by ISD, in accordance with 7 CFR 273.24(g).

N.M. Code R. § 8.139.410.14

8.139.410.14 NMAC - N, 4/1/2010; Amended by New Mexico Register, Volume XXVI, Issue 03, February 13, 2015, eff. 2/13/2015; Amended by New Mexico Register, Volume XXVI, Issue 17, September 15, 2015, eff. 1/1/2016, Amended by New Mexico Register, Volume XXVI, Issue 24, December 30, 2015, eff. 1/1/2016, Amended by New Mexico Register, Volume XXVIII, Issue 16, August 29, 2017, eff. 9/1/2017, Amended by New Mexico Register, Volume XXX, Issue 20, October 29, 2019, eff. 11/1/2019, Amended by New Mexico Register, Volume XXXII, Issue 12, June 22, 2021, eff. 7/1/2021, Adopted by New Mexico Register, Volume XXXIV, Issue 20, October 24, 2023, eff. 11/1/2023