N.M. Admin. Code § 8.314.7.21

Current through Register Vol. 35, No. 24, December 23, 2024

Section 8.314.7.21 - CONTINUATION OF BENEFITS PURSUANT TO TIMELY APPEAL

A. Continuation of benefits may be provided to eligible recipients who request an HSD administrative hearing within the timeframe defined in 8.352.2 NMAC. The notice will include information on the right to continued benefits and on the eligible recipient's responsibility for repayment if the hearing decision is not in the eligible recipient's favor. See 8.352.2 New Mexico administrative code (NMAC) for a complete description of the continuation of benefits process of an HSD administrative hearing for an eligible recipient.

B. The continuation of benefit is only available to an eligible recipient that is currently receiving the appealed benefit. The eligible recipient's current AAB and ISP at the time of the request is termed a 'continuation' of benefits. The continuation budget may not be revised until the conclusion of the fair hearing process.

Adopted by New Mexico Register, Volume XXXII, Issue 06, March 23, 2021, eff. 4/1/2021