N.M. Admin. Code § 8.102.500.8 - GENERAL REQUIREMENTS

A. Need determination process: Eligibility for NMW, state funded qualified non-citizens, and EWP cash assistance based on need requires a finding that:

(1) the benefit group's countable gross monthly income does not exceed the gross income limit for the size of the benefit group;

(2) the benefit group's countable net income after all allowable deductions does not equal or exceed the standard of need for the size of the benefit group;

(3) the countable resources owned by and available to the benefit group do not exceed the $1,500 liquid and $2,000 non-liquid resource limits;

(4) the benefit group is eligible for a cash assistance payment after subtracting from the standard of need the benefit group's countable income, and any payment sanctions or recoupments.

B. Gross income limits: The total countable gross earned and unearned income of the benefit group cannot exceed eighty-five percent of the federal poverty guidelines for the size of the benefit group.

(1) Income eligibility limits are revised and adjusted each year in October.

(2) The gross income limit for the size of the benefit group is as follows:

(a) one person $1,067

(b) two persons $1,448

(c) three persons $1,829

(d) four persons $2,210

(e) five persons $2,592

(f) six persons $2,972

(g) seven persons $3,353

(h) eight persons $3,735

(i) add $382 for each additional person.

C. Eligibility for support services only: Subject to the availability of state and federal funds, a benefit group that is not receiving cash assistance but has countable gross income that is less than one hundred percent of the federal poverty guidelines applicable to the size of the benefit group may be eligible to receive services. The gross income guidelines for the size of the benefit group are as follows:

(1) one person $1,255

(2) two persons $1,704

(3) three persons $2,152

(4) four persons $2,600

(5) five persons $3,049

(6) six persons $3,497

(7) seven persons $3,945

(8) eight persons $4,394

(9) add $449 for each additional person.

D. Standard of need:

(1) The standard of need is based on the number of participants included in the benefit group and allows for a financial standard and basic needs.

(2) Basic needs include food, clothing, shelter, utilities, personal requirements and the participant's share of benefit group supplies.

(3) The financial standard includes approximately $112 per month for each participant in the benefit group.

(4) The standard of need for the NMW, state funded qualified non-citizens, and EWP cash assistance benefit group is:

(a) one person $327

(b) two persons $439

(c) three persons $550

(d) four persons $663

(e) five persons $775

(f) six persons $887

(g) seven persons $999

(h) eight persons $1,134

(i) add $112 for each additional person.

E. Special needs:

(1) Special clothing allowance: A special clothing allowance may be issued to assist in preparing a child for school, subject to the availability of state or federal funds and a specific allocation of the available funds for this allowance.

(a) For purposes of determining eligibility for the clothing allowance, a child is considered to be of school age if the child is six years of age or older and less than age 19 by the end of August.

(b) The clothing allowance shall be allowed for each school-age child who is included in the NMW, TBP, state funded qualified non-citizens, or EWP cash assistance benefit group, subject to the availability of state or federal funds.

(c) The clothing allowance is not allowed in determining eligibility for NMW, TBP, state funded qualified non-citizens, EWP cash assistance, or wage subsidy.

(2) Layette: A one-time layette allowance of $25 is allowed upon the birth of a child who is included in the benefit group. The allowance shall be authorized by no later than the end of the month following the month in which the child is born.

(3) Special circumstance: Dependent upon the availability of funds and in accordance with the federal act, the HCA secretary, may establish a separate, non-recurring, cash assistance program that may waive certain New Mexico Works Act requirements due to a specific situation. This cash assistance program shall not exceed a four month time period, and is not intended to meet recurrent or ongoing needs.

F. Non-inclusion of legal guardian in benefit group: Based on the availability of state and federal funds, the HCA may limit the eligibility of a benefit group due to the fact that a legal guardian is not included in the benefit group.

Notes

N.M. Admin. Code § 8.102.500.8

8.102.500.8 NMAC - Rp 8.102.500.8 NMAC, 7/1/2001; A, 10/1/2001; A, 10/1/2002; A, 10/1/2003; A/E, 10/1/2004; A/E, 10/1/2005; A, 7/17/2006; A/E, 10/1/2006; A/E, 10/1/2007; A, 11/15/2007; A, 1/1/2008; A/E, 10/1/2008; A, 8/1/2009; A, 8/14/2009; A/E, 10/1/2009; A, 10/30/2009; A, 1/1/2011; A, 1/1/2011; A, 7/29/2011; A/E, 10/01//2011; A/E, 10/1/2012; A/E, 10/1/2013, Amended by New Mexico Register, Volume XXV, Issue 18, September 30, 2014, eff. 10/1/2014, Amended by New Mexico Register, Volume XXVI, Issue 18, September 29, 2015, eff. 10/1/2015, Amended by New Mexico Register, Volume XXVII, Issue 18, September 30, 2016, eff. 10/1/2016, Amended by New Mexico Register, Volume XXVIII, Issue 18, September 26, 2017, eff. 10/1/2017, Amended by New Mexico Register, Volume XXIX, Issue 02, January 30, 2018, eff. 2/1/2018, Amended by New Mexico Register, Volume XXIX, Issue 18, September 25, 2018, eff. 10/1/2018, Amended by New Mexico Register, Volume XXX, Issue 04, February 26, 2019, eff. 3/1/2019, Amended by New Mexico Register, Volume XXX, Issue 18, September 24, 2019, eff. 10/1/2019, Amended by New Mexico Register, Volume XXXI, Issue 04, February 25, 2020, eff. 3/1/2020, Amended by New Mexico Register, Volume XXXI, Issue 18, September 29, 2020, eff. 10/1/2020, Amended by New Mexico Register, Volume XXXII, Issue 04, February 23, 2021, eff. 3/1/2021, Amended by New Mexico Register, Volume XXXII, Issue 18, September 28, 2021, eff. 10/1/2021, Amended by New Mexico Register, Volume XXXIII, Issue 06, March 22, 2022, eff. 4/1/2022, Amended by New Mexico Register, Volume XXXIII, Issue 18, September 27, 2022, eff. 10/1/2022, Amended by New Mexico Register, Volume XXXIV, Issue 05, March 14, 2023, eff. 4/1/2023, Amended by New Mexico Register, Volume XXXIV, Issue 18, September 26, 2023, eff. 10/1/2023, Amended by New Mexico Register, Volume XXXV, Issue 04, February 27, 2024, eff. 3/1/2024, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024, Amended by New Mexico Register, Volume XXXV, Issue 18, September 24, 2024, eff. 10/1/2024, Amended by New Mexico Register, Volume XXXVI, Issue 04, February 25, 2025, eff. 3/1/2025