N.M. Admin. Code § 8.243.500.18

Current through Register Vol. 35, No. 20, October 22, 2024

Section 8.243.500.18 - INCOME STANDARDS

The applicable income standard of countable earned income for this category is less than 250% of the federal poverty level for a household size of one. See Subsection H of 8.200.520.11 NMAC. The applicant/recipient must meet two income tests to qualify for working disabled individuals. These are as follows:

A.TEST 1

(1) Determine applicant's/recipient's gross monthly earnings.

(2) Apply a $20.00 general disregard.

(3) Apply a $65.00 earned income disregard.

(4) Disregard 1/2 of the remainder of income.

(5) Disregard work-related expenses for the blind or disabled.

(6) If the countable earned income is less than 250% of the applicable federal poverty level (FPL) for a household of one, the individual is eligible.

(7) If the countable earned income is less than 250% of the applicable FPL for a household size of one, determine if there is an ineligible spouse and/or children in the household.

B. If applicant/recipient lives with an ineligible spouse, see 8.215.500.21 NMAC to determine if deeming income is applicable.

C.TEST 2

(1) Determine applicant's/recipient's gross unearned income.

(2) Add ineligible spouse's deemable income, if applicable.

(3) Apply a $20.00 disregard.

(4) Subtract an amount equal to the current SSI federal benefit rate (FBR) for an individual. See 8.200.520.13 NMAC.

(5) Compare the total countable income to the SSI FBR for an individual or couple, as applicable.

(6) If the total countable income is less than the applicable SSI FBR, the individual is eligible.

D.Income exclusions: Income exclusions for the applicant/recipient are applied before income disregards. Exclusions are not applied to the income of the ineligible spouse from whom income may be deemed.

N.M. Admin. Code § 8.243.500.18

8.243.500.18 NMAC - N, 1-1-01; A, 6-1-04; A, 3-14-08