TITLE 8 SOCIAL SERVICES
CHAPTER 102 CASH
ASSISTANCE PROGRAMS
PART 110 GENERAL OPERATING POLICIES - APPLICATIONS
8.102.110.1 ISSUING AGENCY: New Mexico Human Services Department.
[8.102.110.1 NMAC - Rp 8.102.110.1 NMAC, 07/01/2001]
8.102.110.2 SCOPE: The rule applies to the general public.
[8.102.110.2 NMAC - Rp 8.102.110.2 NMAC, 07/01/2001]
8.102.110.3 STATUTORY AUTHORITY:
A. New Mexico Statutes Annotated 1978 (Chapter 27, Articles 1 and 2) authorize the state to administer the aid to families with dependent children (AFDC), general assistance (GA), shelter care supplement, the burial assistance programs and such other public welfare functions as may be assumed by the state.
B. Federal legislation contained in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 abolished the AFDC program. The federal act created the temporary assistance for needy families (TANF) block grant under Title IV of the Social Security Act. Through the New Mexico Works Act of 1998, the New Mexico works program was created to replace the aid to families with dependent children program.
C. Under authority granted to the governor by the federal Social Security Act, the human services department is designated as the state agency responsible for the TANF program in New Mexico.
D. Effective April 1, 1998, in accordance with the requirements of the New Mexico Works Act and Title IV-A of the federal Social Security Act, the department is creating the New Mexico works program as one of its cash assistance programs.
E. In close coordination with the NMW program, the department administers the food stamp employment and training program (E&T) pursuant to the Food Security Act of 1985 and federal regulations at Title 7, Code of Federal Regulations.
[8.102.110.3 NMAC - Rp 8.102.110.3 NMAC, 07/01/2001; A, 11/15/2007]
8.102.110.4 DURATION: Permanent.
[8.102.110.4 NMAC - Rp 8.102.110.4 NMAC, 07/01/2001]
8.102.110.5 EFFECTIVE DATE: July 1, 2001.
[8.102.110.5 NMAC - Rp 8.102.110.5 NMAC, 07/01/2001]
8.102.110.6 OBJECTIVE:
A. The purpose of the New Mexico works (NMW) program is to improve the quality of life for parents and children by increasing family income, resources and support. The further purpose of the program is to increase family income through family employment and child support and by utilizing cash assistance as a support service to enable and assist parents to participate in employment.
B. The objective of education works program (EWP) is to provide cash assistance to a benefit group where at least one individual is enrolled in a post-secondary, graduate or post-graduate institution. Education and training are essential to long-term career development. The applicant or recipient benefit group would be otherwise eligible for NMW cash assistance, but chooses to participate in EWP.
[8.102.110.6 NMAC - Rp 8.102.110.6 NMAC, 07/01/2001; A, 11/15/2007]
8.102.110.7 DEFINITIONS: [Reserved]
[8.102.110.7 NMAC - Rp 8.102.110.7 NMAC, 07/01/2001]
8.102.110.8 GENERAL
A. Project area: The application for cash assistance or services shall be made to the human services department in the project area in which the applicant resides.
B. Application form: The application shall be in writing on a form designated by the department and is made under oath by an applicant with whom a dependent child resides. The department shall assist an applicant in completing the application for cash assistance or services. The application must contain a statement of the age of the child; residence; a statement of property in which the applicant has an interest; a statement of the income that the applicant or other benefit group members have at the time the application is filed; a signature under penalty of perjury from the applicant; and other information required by the department.
C. Interview:
(1) A face-to-face interview with the applicant shall be required in order to obtain information needed to the determine eligibility, verify, and record the facts supporting the application; and to give the applicant information about department programs and program requirements.
(2) The applicant must identify all individuals living in the residence. The applicant and the department shall identify all individuals who must be included in the benefit group.
(3) A home visit may be made to conduct the interview and obtain the information needed, as long as the department gives adequate prior notice of the visit.
(4) Other information, documents, and collateral contacts may be required to determine eligibility. Requests for verification are made in accordance with provisions set forth in 8.100.130 NMAC.
D. Resource planning session: The applicant shall be provided a resource planning session no later than 30 days after an application is filed. The department shall attempt to provide a resource planning session prior to approving the application, but it is not mandatory. Failure to provide a resource planning session shall not impede registration or processing of the application. The focus of the resource planning session is to ascertain the applicant's immediate needs, assess the applicant's financial and non-financial options, and to provide general information about departmental assistance programs. The caseworker shall assist the applicant in exploring and accessing any other financial or non-financial options that may meet the benefit group's needs. If there is any indication that the applicant might be eligible for SSI, the relative advantages of the SSI program shall be explained and the applicant shall be referred to the local social security office.
E. EBT orientation: NMW cash assistance benefits shall be authorized and available through an electronic benefit transfer (EBT) account. The department shall provide EBT training to an applicant in order to be able to access cash assistance benefits.
F. Application processing time limit: An application for NMW cash assistance shall be processed no later than 30 days after an application is filed. No later than five days after the application is approved, a reimbursement for childcare shall be provided.
[8.102.110.8 NMAC - Rp 8.102.110.8 NMAC, 07/01/2001; A, 11/15/2007]
8.102.110.9 RIGHT TO APPLY
A. An individual has the right to make a formal application for any cash, food or medical assistance program administered by the department, regardless of whether the individual appears to meet the conditions of eligibility. Any individual requesting information or assistance, who wishes to apply for assistance, shall be encouraged to complete the application that same day. The individual shall be informed:
(1) of the right to apply, whether or not it appears the individual may be found eligible; and
(2) that the date of application affects the benefits.
B. Availability of applications: Application forms for cash assistance shall be readily available to anyone requesting an application, and to local agencies and organizations that have regular contact with the public. Each county office is responsible for providing program applications to local agencies and organizations. If an individual contacts the office by phone or mail and does not wish to come to the office to pick up an application, the individual shall be sent an application the same day the office is contacted.
[8.102.110.9 NMAC - Rp 8.102.110.9 NMAC, 07/01/2001; A, 11/15/2007]
8.102.110.10 SUBMISSION OF THE APPLICATION FORM
A. Items completed: To be accepted and registered, the cash assistance application, at a minimum, must identify the benefit group member applying, the program applied for, and have a signature of a responsible benefit group member or authorized representative.
B. Who completes the application: The application form must be completed by the applicant, the authorized representative, guardian, or another appropriate individual.
(1) Authorized representatives must be:
(a) designated in writing by the applicant/ head of household; and
(b) be an adult who has sufficient knowledge about the applicant’s circumstances to complete the application form correctly.
(2) If an authorized representative or another appropriate individual completes an application form, the applicant must review and approve the completed form. The applicant is liable for improper payments resulting from erroneous information given by the authorized representative or another appropriate individual.
(3) The caseworker may assist in completing the form if there is no one else to help the applicant.
(4) Application for minor children:
Application for cash assistance for minor children, including
unemancipated minor parents, must be made by the adult with whom the child
resides and who is assuming responsibility for the support and care of the
child.
(a) If a minor parent is living in a second-chance home, maternity home, or other adult-supervised supportive living arrangement, the application must be made by the supervising adult as the authorized representative for the minor parent.
(b) An emancipated minor may file an application in the emancipated minor's own right.
C. Signature:
(1) The application form must be signed by the applicant and authorized representative if one is designated.
(2) If an applicant receives help from someone other than a caseworker in completing the form, that individual must also sign at the bottom of the form.
(3) An individual who cannot sign the individual's own name must sign the application with a mark and have it witnessed. A mark, which is not witnessed, shall not be accepted as a valid signature. A caseworker may not witness signatures on an application the caseworker will be processing.
(4) If the application is made on behalf of a child, the form shall be signed by the relative or caretaker with whom the child is living, or by the authorized representative.
(5) If the individual, relative, or caretaker has a legally appointed guardian, the guardian must complete and sign the form.
D. Where filed: An application may be filed either in person or by mail with the ISD office in the project area serving the community or county where the applicant lives. An applicant that files the application with the incorrect project area, shall be referred to the correct project area. If an applicant that completes an application that day, or has mailed an application to the incorrect project area, that project area shall accept the completed application, register it, and immediately transfer the form to the correct project area.
E. Incomplete applications: If an application is incomplete, prompt action shall be taken to notify the applicant. The individual who completed the application form must add the missing or incorrect information and initial and date the entries. All reasonable action shall be taken by the department to avoid any unnecessary delay of the applicant's eligibility determination.
F. Out-of-state applicants: An application mailed in from out of state shall be accepted, but shall not be registered until the applicant contacts ISD to confirm presence in the state. If the applicant does not contact the ISD within 30 days, the application shall be returned to the applicant.
G. Application registration: Completed and signed in-state applications shall be registered effective the date on which the application is received.
H. Tribal TANF programs: An application for NMW benefits received from an applicant residing in a tribal TANF service delivery area shall be accepted by ISD and registered as of the date the application was received.
(1) Effective upon implementation of a tribal TANF program, the applicant shall be required to apply for the tribal TANF program in the service delivery area in which the applicant resides.
(2) Prior to finalizing an application for NMW benefits received from an applicant residing in a tribal TANF service delivery area, the applicant shall be informed he or she must apply for tribal TANF.
(a) The applicant shall be informed in writing that the applicant must provide verification of the disposition of the applicant's tribal TANF application.
(b) The applicant shall be referred to the appropriate tribal TANF project area serving the community or county in which the benefit group lives.
[8.102.110.10 NMAC - Rp 8.102.110.10 NMAC, 07/01/2001; A, 02/14/2002; A, 11/15/2007]
8.102.110.11 INTERVIEWS
A. Application interview: All applicants shall be interviewed in person at the local office or, when circumstances warrant, at another place reasonably accessible and agreeable to both the applicant and the caseworker. The applicant may bring any individual to the interview.
B. Office interview waivers: Waiver of the requirement that the interview be conducted in the ISD office shall be determined on a case-by-case basis for any individual who is unable to appoint an authorized representative, has no one able to come to the office because of transportation difficulties, or similar hardships which the county office manager decides warrant a waiver of the office interview. These hardship conditions include, but are not limited to: illness, care of benefit group member, prolonged severe weather, or work hours which prevent an in-office interview during work hours.
C. Alternatives to office interviews: If an office interview is waived, the caseworker shall conduct a telephone interview or a home visit. Home visits shall be scheduled in advance with the benefit group as provided for at 8.100.180.17 NMAC. Waiver of the office interview shall not be justification for extending the eligibility determination deadlines.
D. Scheduling interviews: An interview shall be scheduled upon receipt of the application. The interview shall take place within 10 working days of the date an application is filed and, to the extent possible, at a time that is convenient for the applicant.
E. Missed interviews: The applicant shall be responsible for scheduling a second appointment. If the applicant does not contact the office or does not appear for the rescheduled interview, the application shall not be denied until the 30th day (or the next workday if the 30th is not a workday) after the application was filed.
F. Purpose and scope of interview
(1) Prior to approval there shall be an interview with the applicant. The purpose and scope of the interview shall be explained to the applicant. The interview is an official and confidential discussion of benefit group circumstances between the applicant and the caseworker. The interview allows the caseworker to explore and clarify unclear or incomplete information reported on the application and is intended to provide the applicant with information regarding the work program, child support benefits and requirements, the temporary nature of the program, eligibility requirements, and to provide the caseworker with the necessary facts to make an accurate eligibility determination.
(2) For cash assistance cases, at initial application, a brief history shall be required in the case narrative explaining the circumstances, which led to the application. The narrative shall include information clearly describing the child's situation with respect to child support from a non-custodial parent or parents.
G. Applicant information: During the course of the interview all reasonable steps shall be taken to make the applicant feel at ease and protect the applicant's right to privacy. The interviewer shall tell the applicant about the following:
(1) services available and requirements which must be met under the cash assistance program and the child support enforcement programs;
(2) school attendance and reporting requirements;
(3) complaint and hearing procedures;
(4) work program procedures;
(5) work requirements;
(6) application processing standards;
(7) procedures in cases of overpayment or underpayment;
(8) responsibility to report changes;
(9) non-discrimination policy and procedures;
(10) timeliness standards; and
(11) semiannual reporting requirements.
[8.102.110.11 NMAC - Rp 8.102.110.11 NMAC, 07/01/2001; A, 02/14/2002; A, 01/01/2004; A, 11/15/2007]
8.102.110.12 APPLICATION PROCESSING TIME LIMITS
A. Timeliness: The caseworker shall explain time limits and the applicant's right to request an administrative hearing if the application is not processed within the applicable time limits.
B. Processing time limit: Cash assistance applications shall be completed within 30 days from the date of application.
C. "Clocking" of time limits: "Clocking" of time limits begins on the day after the completed and signed application is received.
D. Delayed assistance: If an eligibility determination is not made within the required time limits, the applicant shall be notified in writing of the reason for the delay. The notice shall also inform the applicant of the applicant's right to request an administrative hearing regarding the issue of ISD's failure to act within the time limits.
[8.102.110.12 NMAC - Rp 8.102.110.12 NMAC, 07/01/2001; A, 11/15/2007]
8.102.110.13 DISPOSITION OF APPLICATION/NOTICE
A. Denials: If an application is denied, ISD shall issue a written notice to the applicant of a denial. The denial notice shall include the date of denial, reason for denial, the regulation section under which the denial was made, the applicant's right to a fair hearing concerning the denial, and the time limits for filing a fair hearing request. The notice shall also explain that the applicant may discuss the decision with the caseworker, supervisor, or county director.
B. Approvals: If the application is approved, the applicant shall be notified by mail. The notice shall report the initial month of eligibility, amount of payment, how the payment is calculated, and the members who have been determined eligible.
C. Application withdrawal: An applicant may voluntarily withdraw the application at any time before eligibility determination. An effort shall be made to confirm the applicant's desire to withdraw the application. Applicants shall be advised that withdrawal of the application has no effect upon the right to apply for assistance in the future.
D. Tribal TANF requirements:
(1) If an applicant fails to provided documentation of denial for tribal TANF within thirty days, the NMW application shall be:
(a) held for thirty days beginning with the day after the date of application.
(b) denied on the thirtieth day or on the next working day if the thirtieth is not a workday.
(2) If the applicant provides documentation of denial for tribal TANF within thirty days, ISD shall determine the cause for denial prior to processing the NMW application. Applicants who verify denial of tribal TANF within thirty days shall be processed according to current NMW policy.
(a) An applicant denied tribal TANF benefits for the following reasons shall be immediately denied NMW cash assistance:
(i) failure to provide information;
(ii) failure to cooperate with the application process;
(iii) failure to comply with any tribal TANF non-financial eligibility criteria; or if
(iv) the benefit group is currently within a sanction period involving total benefit group ineligibility.
(b) Individuals qualifying for or receiving tribal TANF benefits shall be denied NMW cash assistance.
[8.102.110.13 NMAC - Rp 8.102.110.13 NMAC, 07/01/2001; A, 02/14/2002]
8.102.110.14 APPROVAL EFFECTIVE DATE: NMW cash assistance shall be approved effective the date of authorization or no later than 30 days following the date of application, whichever is earlier. Payment in the initial month shall be prorated from the date of authorization.
[8.102.110.14 NMAC - Rp, 8.102.110.14 NMAC, 07/01/2001]
8.102.110.15 CASE RECORDS
A. Transfer of case records: If a recipient moves to another county in New Mexico or to an area administered by another project area, case records shall be transferred as follows:
(1) Responsibilities of sending county:
(a) If it is learned that a recipient has moved or plans to move to another county, the project area where the recipient is moving shall be promptly notified. The record shall not be transferred to the new project area until a definite address for the client is established.
(b) When it has been determined that the record should be transferred, the sending county shall review the case record to be sure it is complete and updated, and enters the new address and county number on the system. If all benefit groups representing separate grants or categories included in the case record do not transfer, the portion of the case record of those leaving the project area shall be transferred.
(2) Responsibilities of receiving county: As soon as the project area to which the recipient is moving learns from the sending county or the recipient of the recipient's plans, the receiving project area shall implement transfer-in procedures and contact the recipient to update documentation of current circumstances.
(3) Recertification: A transfer indicates a change in a family's living arrangements which may affect eligibility or amount of payment. The case is reviewed for changes at the time of the transfer. A complete recertification shall be completed within 30 days after the transfer-in is completed.
(4) Transfer pending approval of application: If transfer of a case record is necessary before eligibility has been determined on an application, the sending county shall transfer the pending application and associated documents to the receiving county. The receiving county shall continue the determination of eligibility based on the new circumstances. The application shall be completed based on the original application date.
B. [Reserved]
[8.102.110.15 NMAC - N, 07/01/2001]
History of 8.102.110 NMAC:
Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives:
ISD 210.0000, The Application Process for Financial and Medical Assistance, 2-22-80.
ISD FA 210, Application Process, 2-9-88.
History of Repealed Material: 8 NMAC 3.FAP, Financial Assistance Program - Repealed, 07/01/97.
8.102.110 NMAC General Operating Policies - Applications - Repealed, 07/01/01