N.M. Code R. § 8.139.502.11

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

Section 8.139.502.11 - OVERPAYMENT AND RECOUPMENT

A. Overpayment: A household that has received the state food stamp supplement benefit and has been determined ineligible or does not qualify for some or all of the state food stamp supplement benefit shall not have a claim established against the household for the state food stamp supplement benefit amount.

B. Recoupment:

(1) The household shall not be required to repay any amount of the state food stamp supplement benefit due to an established claim or overpayment of the federal food stamp benefit.

(2) The household shall remain subject to claim establishment and recoupment for the federal portion of the food stamp benefit in accordance with 8.139.640 NMAC.

(3) The human services department may not recoup any portion of the state food stamp supplement without the household agreeing to the collection.

N.M. Code R. § 8.139.502.11

8.139.502.11 NMAC - N, 08/30/07