N.M. Code R. § 8.139.501.8

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

Section 8.139.501.8 - TRANSITIONAL FOOD STAMP BENEFITS

A. Requirement: Transitional food stamp (TFS) benefits shall be extended to households that receive food stamp benefits and also receiving payments from one of the following cash assistance programs:

(1) TANF; or

(2) New Mexico education works; or

(3) transition bonus program; or

(4) GA dependent child program

B. Conditions: Transitional food stamp benefits shall be extended to a household receiving food stamp benefits under the following conditions:

(1) cash assistance payments for any of the cash assistance programs listed above will be terminated; and

(2) the household received food stamp benefits in the same month the determination is made that the cash assistance payment will be terminated.

C. Extending transitional food stamp benefits: A food stamp household shall be eligible for TFS if the household meets any one of the following conditions:

(1) Gross income exceeds the cash assistance limit: The cash assistance payment is terminated because the benefit group's gross income exceeds the gross income limit for the size of the benefit group.

(2) Net income exceeds the cash assistance limit: The cash assistance payment is terminated because the benefit group's net income exceeds the net income limit for the size of the cash assistance benefit group.

(3) Cash assistance ineligibility at recertification: The cash assistance payment is terminated at recertification, and after the interview, because the benefit group is determined to be ineligible to continue receiving cash assistance or the benefit group chooses not to continue receiving cash assistance for any reason.

(4) Same certification period end date: The food stamp and the cash assistance certification period end dates are in the same month and the benefit group chooses not to continue with the cash assistance recertification process for any reason.

(5) No dependent children: The cash assistance payment is terminated because there are no longer any eligible dependent children in the cash assistance benefit group.

(6) 60-month term limit: The cash assistance payment is terminated because at least one adult in the TANF benefit group has reached the TANF 60-month term limit for receipt of cash assistance, the 18 month time limit for the transition bonus program, or the EWP term limit.

(7) TANF hardship extension ends: The TANF cash assistance payment is terminated because the hardship extension of TANF cash assistance ends.

(8) Term limit appeal status: The cash assistance benefit group has appealed the termination of cash assistance due to the term limit and the benefits are terminated because the hearing decision is in favor of the department.

(9) Wage subsidy program participation: The TANF cash assistance payment is terminated because the benefit group has been accepted into the wage subsidy program pursuant to 8.102.460.19 NMAC.

(10) Head of household requests closure of cash assistance case: The head of household requests closure of the cash assistance case in writing, as long as the benefit group continues to reside in New Mexico.

D. Households not eligible for TFS: Certain food stamp households shall not be extended TFS if at the time the TANF cash assistance payment is terminated:

(1) a TANF benefit group is in sanction status at the third sanction level because a TANF benefit group member has failed to comply with work requirements, child support enforcement or reporting requirements;

(2) a TANF benefit group is in sanction status at the first or second sanction level because a TANF benefit group member has failed to comply with work requirements, child support enforcement or reporting requirements;

(3) a TANF benefit group's payment is terminated because the only dependent child in the benefit group is not in compliance with school attendance requirements;

(4) a food stamp household contains an individual who is disqualified due to a failure of the individual to comply with employment and training work requirements.

N.M. Code R. § 8.139.501.8

8.139.501.8 NMAC - N, 9/1/2003; A/E, 10/15/2008