TITLE 8                 SOCIAL SERVICES

CHAPTER 102    CASH ASSISTANCE PROGRAMS

PART 620             DESCRIPTION OF PROGRAM BENEFITS - BENEFIT DETERMINATION/GENERAL

 

8.102.620.1          ISSUING AGENCY:  New Mexico Human Services Department.

[8.102.620.1 NMAC - Rp 8.102.620.1 NMAC, 07/01/2001]

 

8.102.620.2          SCOPE:  The rule applies to the general public.

[8.102.620.2 NMAC - Rp 8.102.620.2 NMAC, 07/01/2001]

 

8.102.620.3          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.

[8.102.620.3 NMAC - Rp 8.102.620.3 NMAC, 07/01/2001; A, 11/15/2007]

 

8.102.620.4          DURATION:  Permanent.

[8.102.620.4 NMAC - Rp 8.102.620.4 NMAC, 07/01/2001]

 

8.102.620.5          EFFECTIVE DATE:  July 1, 2001.

[8.102.620.5 NMAC - Rp 8.102.620.5 NMAC , 07/01/2001]

 

8.102.620.6          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 participating benefit group would be otherwise eligible for NMW cash assistance, but chooses to participate in EWP.

[8.102.620.6 NMAC - Rp 8.102.620.6 NMAC, 07/01/2001; A, 11/15/2007]

 

8.102.620.7          DEFINITIONS:  [Reserved]

[8.102.620.7 NMAC - Rp 8.102.620.7 NMAC, 07/01/2001]

 

8.102.620.8          CASH ASSISTANCE BENEFITS:

                A.            The cash assistance grant shall be determined by subtracting the benefit group's countable income from the standard of need applicable to the benefit group as indicated in 8.102.520 NMAC.

                B.            The payment made to the benefit group shall be determined by subtracting certain amounts from the grant if the group is subject to payment sanctioning or recoupment of an overpayment. The amount left over after these amounts are deducted from the amount of payment shall be issued to the benefit group.

[8.102.620.8 NMAC - Rp 8.102.620.8 NMAC, 07/01/2001]

 

8.102.620.9          GRANT DETERMINATION:

                A.            Determining the payment standard:  The payment standard shall be determined based on the eligibility standards and requirements forth in 8.102.500.8 NMAC.  The payment standard also includes the special clothing allowance.

                B.            Determining benefit group income:  The benefit group's net countable income considered in the payment determination shall be the sum of:

                    (1)     gross alien sponsor income;

                    (2)     countable earnings after allowable deductions and disregards of benefit group members; and

                    (3)     gross unearned income of benefit group members.

                C.            Determining the grant:  A benefit group whose countable income after allowed deductions and disregards equals or exceeds the standard of need applicable to the benefit group shall not be eligible for payment.  The grant shall be a monthly benefit amount determined using the following methodology:

                    (1)     subtract the benefit group's net countable income from the payment standard applicable to the benefit group; and

                    (2)     further subtract the following budgetary adjustment amounts to establish the monthly benefit amount:

                              (a)     one person                    $ 39

                              (b)     two persons                  $ 53

                              (c)     three persons                $ 67

                              (d)     four persons                  $ 80

                              (e)     five persons                  $ 94

                              (f)     six persons                     $108

                              (g)     seven persons              $121

                              (h)     eight persons                $138

                              (i)     for households with nine or more benefit group members, subtract an additional $14 for each member.

[8.102.620.9 NMAC - Rp 8.102.620.9 NMAC, 07/01/2001; A, 11/15/2007; A, 01/01/2011]

 

8.102.620.10        CHILD SUPPORT AND WORK PROGRAM NON-COOPERATION PAYMENT SANCTIONS:

                A.            General:

                    (1)     The benefit group shall be subject to a non-cooperation payment sanction under either or both of  the following circumstances:

                              (a)     failure by a benefit group member to meet work program participation requirements; or

                              (b)     failure by the adult responsible for children included in a benefit group to meet child support enforcement division (CSED) cooperation requirements or both.

                     (2)     Occurrence of non-cooperation:

                              (a)     Child support:

                                        (i)     A benefit group shall be subject to a payment sanction for failure to comply with CSED cooperation requirements, even if the adult required to cooperate with child support requirements is not included in the benefit group.

                                        (ii)     Each benefit group member that fails to cooperate with the work program requirement is subject to a sanction and shall affect the benefit group.

                                        (iii)     An occurrence of non-cooperation shall be applied when a sanction progresses to the next sanction level as a result of the noncompliance continuing for three consecutive months without the sanctioned participant reestablishing compliance. Progression to the next sanction level shall be effective in the fourth month.

                                        (iv)     A first or second level sanction is considered to be cured upon full cooperation by the sanctioned participant or a sanction shall be reversed based on a hearing decision when the sanction imposed is determined to be invalid.

                              (b)     Work programs:

                                        (i)     A benefit group is subject to a payment sanction when a participant in the benefit group fails to cooperate with the work program requirement.

                                        (ii)     In a two-parent benefit group, each mandatory benefit group member that fails to cooperate with the work program requirement is subject to a sanction that affects the benefit group’s sanction level and payment.

                                        (iii)     A participant shall not be sanctioned for more than one work program element at one time.  A participant may be sanctioned for the same or a different work program requirement element only after the original sanction element is cured or reversed. A first or second level sanction may be cured upon full cooperation by the sanction participant and a sanction shall be reversed based on a hearing decision when the sanction imposed is determined to be invalid.

                                        (iv)     An occurrence of non-cooperation shall be applied when a sanction progresses to the next sanction level as a result of the noncompliance continuing for three consecutive months without the sanctioned participant reestablishing compliance. Progression to the next sanction level shall be effective in the fourth month.

                    (3)      Cumulative sanctions:

                              (a)     Non-cooperation sanctions are cumulative within the benefit group and shall occur when:

                                        (i)     the participant fails to comply with the work program and child support enforcement requirements for a one-parent benefit group;

                                        (ii)     more than one participant in the benefit group have failed to comply with either the work program and/or child support enforcement requirement.

                              (b)     Cumulative sanctions, whether or not cured, shall remain the property of that benefit group participant who caused the sanction.

                                        (i)     A participant with a sanction who leaves a benefit group relieves the benefit group of that participant’s sanction status.

                                        (ii)     A participant with a sanction who joins another benefit group subjects the new benefit group to any sanction or sanction level that has not been cured prior to joining the benefit group.

                              (c)     The benefit group’s cumulative sanctions and benefit level shall be reevaluated when a sanction is cured or reversed.

                   (4)     Progressive sanctions:

                              (a)     Non-cooperation sanctions are progressive to the participant, the benefit group and shall progress to the next level for the benefit group in which the sanctioned participant resides when:

                                        (i)     a participant fails to establish compliance in three-month increments; or

                                        (ii)     a participant fails to comply with work program or CSED requirements as a separate occurrence.

                              (b)     A sanction that is not cured for three consecutive months shall progress until compliance is established by the participant or there is a waiver of the requirement.

                              (c)     A participant’s compliance cannot reverse the sanction level attributed to the benefit group. Any subsequent sanction is imposed at the next higher level, unless reversed by a hearing decision.

                B.            The conciliation process:

                    (1)     When conciliation is available:  Conciliation shall be available to a participant or applicant once during an occurrence of assistance.  There must be a period of at least 12 months between occurrences of cash assistance in order for a conciliation to be available again to the benefit group.  Work program conciliation and child support conciliation are independent and are counted separately from each other.

                    (2)     Determining that noncompliance has occurred:

                              (a)     The determination of noncompliance with child support shall be made by CSED.  The conciliation and sanctioning process for child support noncompliance is initiated upon receipt of notice from CSED that the participant or applicant has failed to cooperate.  Under Subsection B of 8.102.420.14 NMAC, the non-cooperative participant or applicant shall be individually disqualified from participation in the benefit group.

                              (b)     The determination of noncompliance with work program requirements shall be made by the caseworker.  A finding of noncompliance shall be made if:

                                        (i)     ISD has not received a certification of assessment;

                                        (ii)     the participant fails or refuses to complete an IRP;

                                        (iii)     the participant fails or refuses to submit an approvable WPA;

                                        (iv)     the participant's monthly attendance report shows fewer than the minimum required hours of participation in primary and total work activities and no other allowable hours of activity can be reasonably attributed by the caseworker towards the monthly participation requirement.

                    (3)     Initiating conciliation:  Within 10 days of determining that noncompliance exists, the caseworker shall take action to initiate a conciliation, if the participant 's conciliation has not been used.  A conciliation is initiated by the caseworker issuing a conciliation notice.  CSED shall determine noncompliance and notify the caseworker who shall initiate the conciliation process.

                    (4)     Conciliation period:  Conciliation gives a participant a 30-calendar day period to correct the current non-compliance for either a work program participation or CSED requirement.

                              (a)     The conciliation process is established by the department, to address the noncompliance, identify good cause for noncompliance or barriers to compliance and shall occur only once prior to the imposition of the sanction.

                                        (i)     The participant shall have ten working days from the date a conciliation notice is mailed to contact the department to initiate the conciliation process.  A participant who fails to initiate the conciliation process shall have a notice of adverse action mailed to him after the tenth working day following the date on which the conciliation notice is mailed.

                                        (ii)     Participants who begin but do not complete the conciliation process shall be mailed a notice of adverse action 30 days from the date the original conciliation was initiated.  The benefit group shall be subject to sanction in the month following the month the notice of adverse action expires.

                              (b)     Non-cooperation with CSED requirements:  When the participant has initiated the conciliation process, it is the participant's responsibility to contact CSED and to comply with requirements or to request a waiver.  If the caseworker does not receive confirmation from CSED within 30 days of issuing the conciliation notice that the participant is cooperating or has requested a waiver; the conciliation process shall be considered to have failed the benefit group shall be subject to payment sanctioning.

                              (c)     The caseworker shall make the determination whether arrangements have been made to meet work program requirements or whether there is good cause for waiving the cooperation requirements.  If arrangements to meet the requirement or to waive it have not been made by the thirtieth day following issuance of the conciliation notice, the conciliation shall be considered to have failed and the participant is subject to sanctioning.

                              (d)    Good cause is considered to exist when:

                                        (i)     the department has failed to submit notice or assist in providing necessary support services to the participant that would adversely affect the participant’s ability to timely meet work participation requirements; or

                                        (ii)     the total primary work participation hours reported are within four hours of the requirements as outlined in 8.102.460.13 NMAC.

                C.            Sanctioning:

                    (1)     Within 10 days of determining that a participant has failed to meet a cooperation requirement, ISD shall issue notice of adverse action that the payment shall be reduced.  The payment reduction shall take place with the first payment following expiration of the notice of adverse action.

                    (2)     Notice of adverse action shall apply to all work program and child support noncompliance sanctions, including those relating to the conciliation process.

                    (3)     A participant who corrects the failure of compliance with work program or child support enforcement requirements during the notice of adverse action 13-day time period shall not have the sanction imposed against the benefit group or payment amount.  The sanction shall not count as a cumulative or progressive sanction, since the reason for the sanction was corrected during the time period of the notice of adverse action and prior to a benefit reduction being imposed.  A participant who has failed to meet work participation hours cannot correct the sanction during the notice of adverse action time period.

                    (4)     Failure to comply during the notice of adverse action 13-day time period shall cause the sanction to become effective.

                              (a)     A sanction shall be removed effective the month following the month in which the determination is made that the participant has complied with requirements.

                              (b)     A child support enforcement sanction shall be removed after CSED notifies the caseworker that the participant is in compliance with child support enforcement requirements.

                              (c)     A work program sanction shall be removed after the caseworker receives verification that the participant has completed an assessment; or has completed an IRP; or has completed a WPA that indicates the appropriate number of weekly hours in work activities; or has met work program participation hours for at least 30 days; or has good cause to waive work participation requirements.

                             (d)     Good cause is considered  to exist when:

                                        (i)     the department has failed to submit notice to the participant or provide necessary support services  that would adversely affect the participant’s ability to timely meet work participation requirements; or

                                        (ii)     the total primary work participation hours reported are no more than four hours less than required as outlined in 8.102.460.13 NMAC.

                D.            Sanction levels:

                    (1)     First-level sanction:

                              (a)     The first level sanction for failure to comply, shall result in a sanction of 25 percent of the standard of need.  The benefit group shall be given notice of the imposition of the sanction.

                              (b)     If the first level lasts for more than three months, or a participant has a second occurrence of failure to comply with work program or CSED requirements, the sanction shall advance to a second level sanction, as described below.

                    (2)     Second-level sanction:

                              (a)     The second level of sanction for failure to comply shall result in a decrease of 50 percent of the standard of need.  The second level shall be initiated by:

                                        (i)     failure to comply with work program participation or child support enforcement requirements for more than three months; or

                                        (ii)     a second occurrence of noncompliance with a work program or CSED requirement by a participant; or

                                        (iii)     failure of a participant to comply with both CSED and work program participation requirements simultaneously.  The group shall be given concurrent notice of imposition of the second-level sanction.

                              (b)     If the second level lasts for more than three consecutive months, the sanction shall advance to level three as described below.

                    (3)     Third-level sanction:

                              (a)     The third sanction level is case closure for a period of not less than six months. The group shall be given notice of adverse action prior to imposition of the sanction.

                              (b)     Once a participant is sanctioned at the third level, any subsequent occurrence of failure to comply with work program or CSED requirements  shall immediately result in a third level sanction, and case ineligibility for six months.

                E.             Sanctions by other states or other programs:  Participants in sanction status for failure to participate in other programs, such as the food stamp E&T program, or another state's or tribal TANF program, shall not carry that sanction status into NMW.

                F.             Sanctions with respect to voluntary participants:  A voluntary participant is not subject to sanction for failure to participate, but shall be removed from the work program and lose eligibility for support services.

[8.102.620.10 NMAC - Rp 8.102.620.10 NMAC, 07/01/2001; A, 02/14/2002; A, 11/15/2007]

 

8.102.620.11        NON-REPORTING SANCTIONS:

                A.            General:  The eligibility determination and payment calculation process relies upon applicants and participants to provide accurate and timely reports of information affecting their eligibility and payment.  Payment sanctions for non-reporting shall be established to encourage timely and accurate reporting and to offset benefits resulting from the reporting of inaccurate or misleading information, the untimely reporting of changes, or the failure to report any required information.

                B.            Non-reporting sanctions:

                    (1)     Length of sanction:  Each non-reporting sanction shall run for a period of four months beginning with the first month in which failure to report occurred. An additional month shall be added for each additional month of non-reporting until the payment is corrected.

                    (2)     Definition of an occurrence of non-reporting:  An occurrence of non-reporting exists when an applicant or participant who fails to report information or reports incorrect information which results in an overpayment of cash assistance benefits for which the participant is at fault.

                    (3)     Amount of sanction:

                              (a)     Reporting sanctions shall be calculated at 25 percent of standard of need for the size of the benefit group being sanctioned.

                              (b)     Reporting sanctions are not progressive.  If there is another occurrence of non-reporting prior to the end of a non-reporting sanction period, the next and any subsequent non-reporting sanctions shall be consecutive and at the 25 percent level.

                              (c)     Reporting sanctions, child support sanctions and work program sanctions shall be integrated into a single calculation to determine the final sanction amount.

                              (d)     If a case closes during a reporting sanction period for reasons other than sanctions, the non-reporting sanction shall be suspended and resumed at the same duration the next time the case is opened.

                    (4)     Procedures:  The following steps shall be taken in implementing a payment sanction.

                              (a)     The caseworker shall document and establish an overpayment claim using the department overpayment claims procedures. The caseworker shall also determine whether the participant was at fault for the overpayment.

                              (b)     The county director or a designated supervisor shall review the overpayment and determine the accuracy of the overpayment determination and appropriateness of the determination the participant was at fault for the overpayment. Upon determining that a non-reporting sanction is appropriate, the county director, or designated supervisor shall issue a notice of intent to sanction to be issued to the participant.  Failure by the participant to contact the person issuing the notice within 10 working days allowed shall constitute waiver of conciliation rights.

                              (c)     If the participant requests conciliation within the 10 working days of issuance of the notice, the county director or designated supervisor shall schedule a conciliation conference.

                              (d)     The conciliation conference is conducted by the county director or designated supervisor.

                                        (i)     The caseworker shall describe the reporting error, how the amount of the overpayment is determined and the reasons for finding the participant at fault for the overpayment.

                                        (ii)     The participant shall have the opportunity to discuss the overpayment determination, the finding of fault and to show good cause why the sanction should not be imposed.

                                        (iii)     Based upon this determination, the county director or designated supervisor shall determine whether a sanction should be imposed.

                                        (iv)     The participant may represent himself or be represented by someone else. If the participant wishes to be represented by another individual, the participant must designate that individual on a form ISD-121.

                              (e)     Following the conference, the county director shall issue written notice stating whether or not the sanction is to be imposed, and the worker shall effect the sanction causing issuance of a notice of adverse action.  The payment reduction takes effect in the month following expiration of the notice of adverse action.

                              (f)     Participants who disagree with the sanction determination shall have fair hearing rights and access to legal adjudication through the fair hearing process.

                C.            Semiannual reporting:  A benefit group subject to semiannual reporting shall be subject to non-reporting sanctions as specified in Subsection L of 8.102.120.11 NMAC.

[8.102.620.11 NMAC - Rp 8.102.620.11 NMAC, 07/01/2001; A, 02/14/2002; A, 01/01/2004; A, 11/15/2007]

 

8.102.620.12        RECOUPMENT:  Participants and applicants with an outstanding claim for overpayment of cash assistance benefits shall be required to repay the claim.  Claim and recoupment situations and procedures are detailed at 8.102.640.12 NMAC.

[8.102.620.12 NMAC - Rp 8.102.620.12 NMAC, 07/01/2001; A, 11/15/2007]

 

8.102.620.13        PAYMENT:

                A.            The grant amount remaining after deduction of sanction and recoupment amounts, if any, shall be the amount issued as payment.  Any month for which a payment is issued shall be a month counted against the 60-month lifetime limit of each adult or minor head of household included in the benefit group.

                B.            Payment issuance:  The payment for the benefit group shall be issued to the head of household, unless a protective payee has been designated by the head of household.  In the event the head of household is unable or unwilling to select a protective payee, ISD shall designate the protective payee on the benefits group’s behalf.

[8.102.620.13 NMAC - Rp 8.102.620.13 NMAC, 07/01/2001; A, 11/15/2007]

 

8.102.620.14        SUPPORTIVE SERVICES:

                A.            An explanation of the supportive services available through the NMW work program, provided funding is available, shall be given to NMW participants during orientation. Participants who need supportive services to participate in the program are eligible for such services.

                B.            NMW work program participants are eligible to receive an initial supportive services payment in accordance with Subsection B of 8.102.620.15 NMAC.  The support services payment may be used by the participant to cover travel, child care costs incurred or both.

                C.            Ongoing supportive services:

                    (1)     Necessary ongoing supportive services are identified on the WPA, which identifies the services needed and the start and end dates for the services.

                    (2)     If additional supportive services are needed after the initial assessment, the WPA shall be modified to reflect the changes.

[8.102.620.14 NMAC - Rp 8.102.620.14 NMAC, 07/01/2001; A, 11/15/2007]

 

8.102.620.15        CALCULATING THE SUPPORTIVE SERVICES BENEFIT:

                A.            Child care:  The caseworker may authorize child care reimbursement for persons for a period not to exceed 30 days.  All other child care shall be authorized by CYFD.  The caseworker shall authorize child care in compliance with CYFD program requirements and standards.  Child care payments shall not be paid for with federal TANF funds and  shall not count towards the TANF term limits.

                B.            Transportation:  There are two types of payments issued for transportation costs: advance and standard reimbursement.

                    (1)     Advance:

                              (a)     A NMW work program participant may request an advance of $10.00 to attend orientation and assessment activities or to begin participation in a work program activity.  The $10.00 advance shall be deducted from the end of the month standard reimbursement.

                              (b)     A NMW work program participant who gets a job as a result of participating in a previously approved component may request a one-time only travel advance.  The participant shall be eligible for an advance for one month in order to pay for travel expenses until the first pay check is received.  The standard travel reimbursement amount shall be provided.

                                        (i)     A NMW work program participant who receives a transportation advance for employment does not submit an end-of-the-month verification of incurred expenses.  The participant shall not be eligible for further transportation assistance while in this job.

                                        (ii)     A caseworker may authorize a travel allowance for a participant who gets a job as a result of participating in a previously approved component.  The participant shall be eligible for the $25.00 allowance for one month in order to pay for travel expenses incurred until the first pay check is received.

                    (2)     Reimbursement:

                              (a)     The NMW work program allows travel reimbursement for mandatory and voluntary participants traveling to work program offices for orientation, assessment, reassessment, or employment planning activities.  In addition, travel costs are reimbursed for approved work program activities identified and developed in the WPA.

                              (b)     Mileage costs for paid employment are met through the cash assistance earned income deduction.  Except for the one-time only advance, travel reimbursement shall not be made for any work program activity for which the individual is paid.

                    (3)     Reimbursement standards:

                              (a)     NMW reimbursement for NMW work program participants using private automobiles shall be at a standard rate based on monthly mileage, as set forth below.

                                        (i)     The caseworker shall decide whether the claimed mileage is reasonable and, if the amount claimed is excessive, may adjust the amount downward.

Monthly

Mileage

Monthly Reimbursement

1 - 499

$25

500 - 1499

$50

1500 - 2499

$100

2500 or More

$150

                                        (ii)     Mileage shall be allowed only if the activity takes place in the individual's home community.  Travel may be allowed outside the individual's home community only if the work program activity is not available in the community or if the work program activity involves participation in an educational or vocational training program which is not available in the individual's home community.

                              (b)     The E&T program provides a standard monthly allowance of $25 for participants engaged in an approved work program activity.  The allowance shall be available subject to receipt of a report certifying completion of required activities during the month.

                              (c)     Bus tokens/passes are issued in lieu of the travel allowance and may not exceed $25 for the month.  A participant shall be eligible to receive bus tokens or a one-month bus pass on an interim basis, provided that:

                                        (i)     the participant has no access to private transportation; and

                                        (ii)     public transportation is a reasonable alternative.

                C.            Vocational training and education:

                    (1)     Reimbursement for vocational training and educational expenses, but not tuition, shall be available to NMW work program participants.  E&T participants must pay such expenses using the $25.00 monthly allowance or from other non-work program sources.

                    (2)     NMW work program participants requesting reimbursement for various vocational training and educational expenses must provide receipts or request letters stating the amount of educational expenses.  In addition, NMW work program participants must provide verification that financial assistance from other sources is unavailable or insufficient to cover the expenses for which the reimbursement is being requested.

                    (3)     To be eligible for reimbursement of vocational training and educational expenses, the NMW participant must:

                              (a)     meet work program participation requirements;

                              (b)     have an approved WPA which identifies and approves supportive services for further training; a NMW work program participant is not eligible for reimbursement of vocational training or educational expenses incurred prior to development of the WPA.

                              (c)     apply and be denied for any educational assistance from such other sources as scholarships, PELL grants, WIA, student loans, etc. for which the participant might be eligible;

                              (d)     provide "letters of denial" for the financial assistance listed previously; and

                              (e)     repeat steps (a) through (c) at the beginning of each educational period (semester, quarter, trimester etc. as applicable).

                    (4)     Reimbursable vocational training and education costs shall include only those for which a student is normally responsible, such as book and laboratory fees, special laboratory or shop clothing, work book fees, testing, registration, or graduation fees.  In addition, personal classroom supplies, not to exceed $15.00 per semester, may be reimbursed.

                    (5)     Participants enrolled in a post-graduate studies shall not be not eligible for supportive service reimbursement with respect to their post-graduate studies.

                    (6)     Education and vocational training supportive services cannot be guaranteed beyond the end of the WPA expiration date.

                    (7)     Test fees:  Fees for completing either the scholastic aptitude test (SAT) or the American college test (ACT) may be reimbursed, provided one of the tests is required for admission into a given educational training institution.

                D.            Employment-related expense:

                    (1)     A NMW work program participant may receive assistance to help pay the cost for certain personal items necessary to accept a bona fide job offer, or to retain employment.  The assistance shall be limited to no more than $300, and shall be available only once during the individual's lifetime.

                    (2)     Payment method:

                              (a)     Payment shall be made as a reimbursement for verified costs already incurred.  Reimbursement must be requested within 60 days of employment.

                              (b)     Payment may be issued prospectively, based on a billing statement or a detailed estimate of costs.

                    (3)     Allowable costs:  Allowable costs include, but are not limited to:

                              (a)     special clothing, licensing and drug testing fees which an employer requires an employee to pay and which are a condition of employment;

                              (b)     vehicle repairs, but not a vehicle purchase or insurance payment;

                              (c)     tools which the employer requires an employee to pay for; or

                              (d)     costs of bringing a home into compliance with certification requirements of the child care food program administered by CYFD, if the full cost is not available from the child care food program or CYFD.

                    (4)     Costs not allowed:  Costs associated with the start-up of a business or self-employment venture are not allowed.  Such costs must be met through an IDA.

[8.102.620.15 NMAC - Rp 8.102.620.15 NMAC, 07/01/2001]

 

8.102.620.16        SUPPORTIVE SERVICES BENEFITS:

                A.            Issuance schedule:

                    (1)     Participants assigned to a work program activity receive reimbursement on a monthly basis.  Participants must submit participation reports to receive the standard month’s reimbursement, timely submission is required to receive additional reimbursement amount .  Reimbursement shall be authorized within five working days after receipt of all required verification.  Support services shall be issued within 10 working days after authorization.

                    (2)     Participants must submit the monthly participation report to be received no later than the fifth calendar day after a participation month's end.  Reports received on the first workday after the fifth shall be considered timely if the fifth occurred on a weekend or holiday.   Participants shall not be eligible to receive reimbursement if the report verifying participation is received 30 days or more following the end of the month for which participation is being reported.

                B.            Retroactive benefit coverage:

                    (1)     Benefit coverage which provides supportive services may be issued retroactively to a participant if, upon individual case review, it is determined that:

                              (a)     the participant was eligible to receive supportive services;

                              (b)     the participant requested supportive services timely; and

                              (c)     work program staff inadvertently failed to process the reimbursements in a timely manner.

                    (2)     Work program participants must have signed a WPA, which has been approved by the caseworker, which identifies the supportive services.  Under no circumstances shall work program participants be eligible to receive supportive service reimbursement for costs incurred prior to enrollment in the work program.

[8.102.620.16 NMAC - Rp 8.102.620.16 NMAC, 07/01/2001; A, 10/01/2004; A, 11/15/2007]

 

8.102.620.17        SUPPORT SERVICES PAYEE:  Supportive services reimbursements shall be made payable to the head of household for all travel and educational reimbursement.

[8.102.620.17 NMAC - Rp 8.102.620.17 NMAC, 07/01/2001; A, 11/15/2007]

 

HISTORY OF 8.102.620 NMAC:

History of Repealed Material:  8 NMAC 3.FAP, Financial Assistance Program - Repealed, 07/01/97.

8.102.620 NMAC Description of Program Benefits - Benefit Determination/General - Repealed, 07/01/01.