N.M. Admin. Code § 8.102.400.14 - NMW LIVING ARRANGEMENTS - REQUIREMENTS
A. For a NMW benefit group to exist, a
dependent child must be living in the home of a parent or specified relative as
specified in
8.102.400.15 NMAC. The relative
must be the primary caretaker for the child and must be within the fifth degree
of relationship, as determined by New Mexico's Uniform Probate Practice Code
(see Subsection A of
8.102.400.16 NMAC). To be
considered as the caretaker, the specified relative in a NMW benefit group, the
participant must be living, or considered to be living, in the home with the
child.
B. A child or the caretaker
relative may in certain situations be temporarily domiciled away from home, but
nonetheless be considered as living at home. Such situations result when the
parent or caretaker relative has decided to domicile the child elsewhere
because of a specific need identified by the parent or caretaker relative and
provided that the parent or caretaker relative remains responsible for
providing care and support to the child and retains parental control over the
child.
Notes
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