N.M. Code R. § 8.139.502.9

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

Section 8.139.502.9 - DETERMINING THE BENEFIT

A.Application: A household shall not be required to submit an application in addition to the application for federal SNAP benefits to qualify or be determined eligible for the state SNAP supplement amount.

B.Eligibility determination: Eligibility shall be determined for a household meeting all eligibility requirements at:

(1) the time of application approval;

(2) the time of recertification;

(3) the month following a reported change which qualifies the household; or

(4) the month following a change that becomes known to the agency in which the change qualifies the household; or

(5) at time of implementation of this program.

C.Calculating the state SNAP supplement amount: A household qualified and eligible for the state SNAP supplement shall receive a state supplement to the federal SNAP allotment amount to an amount that is determined based on the availability of state funds before any recoupments and overpayments have been applied to the benefit amount.

(1)Application month: The state SNAP supplement shall be determined by subtracting the federal FSP benefit amount, after the federal FSP benefit is prorated and prior to any recoupment, from the federal minimum allotment. The state SNAP supplement shall not be prorated.

(2)Ongoing month: The state SNAP supplement shall be determined by subtracting the federal SNAP allotment, prior to any recoupment, from the determined supplement amount.

(3)Eligibility for a prior month:

(a) The state SNAP supplement shall not be provided to a household for a benefit month prior to July, 2007.

(b) A household in which the federal benefit amount is adjusted for a prior month may be eligible for the state SNAP supplement provided the household qualifies and is eligible for the supplement.

(4)Current FSP households: Households which meet the qualifications and eligibility requirements for the state SNAP supplement shall be eligible for the supplement without any action required by the household. The household shall be eligible for a supplement for any month beginning July 2007 and after upon implementation of the program for which the household qualifies.

D.Ineligibility: A household shall become ineligible for the state SNAP supplement if the household does not meet the eligibility requirements specified in 8.139.502.8 NMAC the month following the month the notice of adverse action expires. The household's eligibility for the state SNAP supplement shall be made at the time of:

(1) application approval;

(2) recertification;

(3) a reported change;

(4) a change becomes known to the agency; or

(5) at the time of a mass change.

E.Notice: A household that qualifies and is eligible for SNAP benefits shall be issued notice in accordance with 8.139.110.14 NMAC. A notice of adverse action shall not be considered if the household federal SNAP and state SNAP supplement does not decrease below the federal minimum allotment. A household that qualifies and is eligible for the state SNAP supplement shall be issued a notice for the following circumstances:

(1)Approval: A household shall be issued an approval notice at the time the household is determined eligible for the state SNAP supplement. The approval notice shall identify the amount of the state SNAP supplement.

(2)Benefit change: A household shall be issued a notice at the time the state SNAP supplement is increased or decreased. The amount of benefit is subject to change when the federal SNAP benefit is increased or decreased.

(3)Ineligibility: A household shall be issued a notice when the household no longer qualifies or is eligible for the state SNAP supplement as indicated in Subsection D of 8.139.502.8 NMAC.

N.M. Code R. § 8.139.502.9

8.139.502.9 NMAC - N, 08/30/07; A, 04/15/09; A, 01/01/11, Amended by New Mexico Register, Volume XXXV, Issue 04, February 27, 2024, eff. 3/1/2024