N.M. Admin. Code § 8.100.640.7 - DEFINITIONS

Unless otherwise apparent from the context, the following definitions shall apply throughout these regulations.

A. Claim: means correcting the over-issuance of benefits an eligibility determination group received, but was not entitled to receive, subject to the recovery of such overpayments.

B. Administrative or agency error (AE) claim: means any claim for an overpayment caused by an action or failure to take action by the department.

C. Eligibility determination group: means the basic assistance unit for a category of assistance, or a group of people, either mandatory or optional, to be included in determining the monthly benefit amount.

D. Inadvertent household error (IHE) claim: means any claim for an overpayment resulting from a misunderstanding or unintended error on the part of the eligibility determination group.

E. Intentional program violation (IPV) claim: means any claim for an overpayment or trafficking resulting from an individual committing an IPV, as defined in regulation in Subsection D of 8.139.647.8 NMAC.

F. Restoration: means the issuance of benefits to an eligibility determination group that it was entitled to receive, but did not receive due to:

(1) an agency error or department discovered error;

(2) judicial action; a favorable fair hearing decision or an erroneous administrative disqualification for an IPV that is later reversed; or

(3) a regulation specifically requiring issuance of lost benefits.

G. Sponsored aliens: means an alien lawfully admitted for permanent residence in the United States as an immigrant, as defined in Subsection 101(a)(15) and Subsection 101(a)(2) of the Immigration and Nationality Act.

H. Supplement: means the amount of benefits issued in addition to the monthly benefit amount the eligibility determination group has already received that equals the amount of benefits the group was entitled to receive for that month.

Notes

N.M. Admin. Code § 8.100.640.7

8.100.640.7 NMAC - N, 9/30/2013