N.M. Admin. Code § 17.11.11.8 - ELIGIBILITY REQUIREMENTS
A.
Program-Based Criteria. All ETCs shall provide lifeline and
linkup benefits to any applicant who self-certifies, under penalty of perjury,
that his or her household is eligible for public assistance under one or more
of the following programs:
(1) temporary
assistance to needy families (TANF);
(2) food stamps;
(3) low income home energy assistance program
(LIHEAP);
(4) medicaid;
(5) supplemental security income;
(6) national school lunch program;
or
(7) federal public housing
assistance.
B.
Income Based Criteria. All ETCs shall provide lifeline and linkup
benefits to any applicant who certifies, with supporting documentation and
under penalty of perjury, that his or her household income is at or below 150
percent of the applicable federal poverty guidelines upon annual publication by
the U.S. department of health and human services in the federal register.
(1) Income-based eligibility is based, in
part, on household size. Therefore, an applicant must certify, under penalty of
perjury, the number of individuals residing in his or her household.
(2) An applicant must certify, under penalty
of perjury, that the documentation supporting income-based certification
accurately represents the applicant's annual household income. The following
documents, or any combination of these documents, are acceptable to support
certification based upon income:
(a) prior
year's state, federal or tribal tax returns;
(b) current year-to-date earnings statement
from an employer or three consecutive months of paycheck stubs;
(c) social security administration statement
of benefits;
(d) veteran's
administration statement of benefits;
(e) retirement/pension statement of
benefits;
(f) unemployment/workers'
compensation statement of benefits;
(g) federal or tribal notice of participation
in bureau of Indian affairs general assistance; or
(h) divorce decree or child support wage
assignment statement.
C.
Application. The application
form for participation in lifeline and linkup benefits shall be available from
each ETC, the commission's consumer relations division, and the responsible
agency, if one has been designated by the commission. Each completed
application shall contain the following information, where applicable:
(1) applicant's name, telephone number and
home address;
(2) the particular
public assistance program(s), if applicable, and identification of the ETC that
the applicant anticipates will provide service;
(3) an affirmative statement that the
applicant qualifies for lifeline or linkup benefits;
(4) an affirmative statement under penalty of
perjury affirming that the applicant is participating in one of the programs
listed in Subsection A of
17.11.11.8 NMAC, or a statement
under penalty of perjury affirming that the applicant's household income is at
or below 150 percent of the federal poverty guideline; and if the application
is based on income criteria, a statement under penalty of perjury that
identifies the number of individuals residing in the household and affirms that
the documentation presented to support income-based eligibility accurately
represents the applicant's household income;
(5) the following affirmative statement under
penalty of perjury that the applicant is not receiving lifeline benefits of any
kind on any other telephone or wireless account: "I agree to notify (name of
carrier) when I no longer participate in any of the above qualifying public
assistance programs or when there has been a change in the size or income level
of my household. I certify under penalty of perjury the above information and
attached documentation are true and that I and no one else is receiving
lifeline benefits at this address, on either a telephone or wireless telephone
account"; and
(6) the applicant's
signature.
D.
Document Retention. The ETC or responsible agency shall retain
eligibility applications for three (3) calendar years.
E.
Tribal Land Lifeline and Linkup
Benefits. Customers who live on tribal lands and who qualify for state
lifeline and linkup benefits based on the program or income criteria set forth
in Subsections A and B of
17.11.11.8 NMAC are eligible to
receive prescribed federal benefits. Such federal benefits are not within the
scope of, nor governed by, this rule.
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