N.M. Admin. Code § 8.139.110.9 - RIGHT TO APPLY
A. Each
individual shall have the opportunity to apply for public assistance programs
administered by the HCA or to have an authorized representative do so on their
behalf. Paper application forms must be readily accessible in the ISD local
office lobby and provided to any person who requests the form. Applications are
made in a format prescribed by the HCA to include paper forms or electronic
submissions. ISD will post signs in local field offices which explain the
application processing standards and the right to file an application on the
day of initial contact.
B. An
individual who requests information or assistance and who wishes to apply,
shall be encouraged to complete an application the same day that contact is
made with the office.
(1) An individual shall
be informed that the date of application affects the benefit amount.
(2) An individual shall be informed that an
incomplete application may be filed as long as the form has the applicant's
name and address and is signed by a responsible household member or authorized
representative.
(3) An interview
shall not be required before filing an application.
(4) A household shall be informed, except for
a SNAP requirement, that any disadvantages or requirements for applying for or
receiving cash assistance do not apply to SNAP and that receiving SNAP shall
have no bearing on any other program's time limits that may apply to the
household.
(5) If an individual
contacts the office by phone or mail and does not wish to come to the office to
pick up an application the individual will be mailed an application the same
day the office is contacted and offered the option of submitting an electronic
application through the YES-New Mexico web portal.
C. SSI applicants:
(1) Whenever a household consists only of SSI
applicants or recipients, the household has the right to apply for SNAP
benefits and to transact all SNAP business at a social security administration
(SSA) office, provided it has not applied for SNAP benefits in the preceding 30
days or does not have a SNAP application pending at a local ISD office.
(a) Such applications are considered filed
for normal processing purposes when the signed application is received by
SSA.
(b) SSA is required to forward
every application to the appropriate ISD office within one working day of
receipt.
(c) SSI clients are not
required to see ISD or be otherwise subjected to a second interview, although
additional information or verification may be requested.
(2) SSI/SNAP prerelease applications: A
resident of a public institution who applies for SSI prior to release from the
institution under the social security administration (SSA) prerelease program
for the institutionalized shall be permitted to apply for SNAP benefits at the
same time the individual applies for SSI. The SNAP application shall be
processed at a local ISD office in accordance with Paragraph (1) of Subsection
C of 8.139.110.9 NMAC above and with the
following processing and timeliness standards for joint SSI/SNAP prerelease
applications.
(a) Application date:
(i) When a resident of an institution files a
joint application for SSI and SNAP benefits with SSA prior to release from the
institution, the date of application for filing purposes at the local ISD
office shall be the date of release.
(ii) An application shall be denied upon
receipt if the applicant is not otherwise eligible, except for the resident of
an institution provision as found at Subparagraph (a) of Paragraph (2) of
Subsection C of
8.139.110.9 NMAC and Subsection A
and B of 8.139.400.13 NMAC.
(b) Normal processing standard:
(i) An application shall be processed as soon
as possible and the applicant afforded an opportunity to participate no later
than 30 days from the date of release from the institution.
(ii) Benefits for the initial month of
certification shall be prorated from the date of the month the applicant is
released from the institution.
(c) Expedited service: An applicant who
qualifies for expedited service shall receive benefits no later than the
seventh calendar day following the applicant's release from the
institution.
(d) Categorical
eligibility: A potential categorically eligible applicant shall not be
considered as such until the individual has been released from the institution
and SSA has made a final SSI eligibility determination.
(e) Restored benefits: SSA must notify the
local ISD office of the date of the applicant's release from the institution.
If for any reason notification is not provided on a timely basis, ISD shall
only restore SNAP benefits retroactively to the date of release.
D. Authorized
representatives:
(1) Designation: The head of
the household or the spouse or any other responsible member of the household
may designate an individual who is a non-household member to act on its behalf
in:
(a) applying for SNAP benefits;
or
(b) obtaining SNAP benefits;
or
(c) using the SNAP benefits.
(i) ISD shall obtain a copy of the
household's written authorization for the authorized representative and
maintain it in the household's case record. No limit shall be placed on the
number of households an authorized representative may represent; however, each
household may only have one authorized representative at a time.
(ii) Even if the household member is able to
make application and obtain benefits, the household should be encouraged to
name an authorized representative to use the SNAP benefits in case illness or
other circumstances prevent household members from using the benefits
themselves.
(iii) The authorized
representative's identity shall be verified and a copy of the document
maintained in the household's case file.
(2) Liability of households: The head of the
household or spouse should prepare or review the household's application
whenever possible, even though another household member or the authorized
representative will actually be interviewed. The household is liable for any
over-issuances resulting from incorrect or untrue information given by the
authorized representative.
(3)
Application: When the head of the household or spouse cannot apply, another
adult member may do so, or an adult who is not a member of the household may be
designated as the authorized representative. Nonmember adults shall be
designated as authorized representatives for certification purposes only if
they are:
(a) designated in writing by the
head of the household, or spouse, or another responsible member of the
household; and
(b) sufficiently
aware of relevant household circumstances to represent it.
(4) Changing authorized representative: An
authorized representative may be designated at the time an application is
completed; the authorized representative shall be named on the identification
(ID) card. This does not preclude the right of the household to make a
designation after it has made application to the program. If a household
develops a need for a representative, or needs to change the authorized
representative before, during, or after the certification process, a new
authorized representative may be appointed and a new ID card shall be issued to
the household. The authorized representative designated to apply for the
household may be the same individual who obtains or uses the benefits for the
household, or may be a different individual.
(5) Using SNAP benefits: The authorized
representative may use the SNAP benefits to purchase food for the household's
consumption with the household's full knowledge and consent, provided that the
authorized representative has the household's ID card.
(6) Kinds of authorized representatives:
(a) Emergency authorized representatives:
(i) An emergency authorized representative is
someone who obtains benefits for a particular month when the household is
unable to obtain the benefits because of unforeseen circumstances.
(ii) A household may designate in writing, on
a one-time basis, an emergency authorized representative.
(iii) The household member whose signature is
on the household's ID card must sign a designation authorizing the emergency
authorized representative to obtain the benefits.
(b) Non-household members: If the only adult
living with a household is classified as an excluded household member or
nonmember, that individual may be the authorized representative for the minor
members who are eligible.
(c)
Addiction treatment centers:
(i) Residents of
public or private, nonprofit drug or alcohol treatment centers must apply and
be certified for program participation through the use of an authorized
representative who is an employee of, and designated by, the organization or
institution administering the treatment and rehabilitation program.
(ii) The drug or alcohol treatment center,
which acts as authorized representative for residents of the facility, must use
SNAP benefits for food prepared by and served to the center residents, and is
responsible for complying with requirements governing treatment
centers.
(d) Group
homes:
(i) A resident of a group living
arrangement may apply for SNAP benefits and be certified through use of an
authorized representative employed and designated by the group home; or on the
resident's own behalf; or through an authorized representative of the
applicant's choice.
(ii) A resident
of a group home does not have to be certified through an authorized
representative or individually in order for one or the other method to be
used.
(iii) The facility is
responsible for determining if any resident may apply for benefits on the
resident's own behalf. The decision should be based on the resident's physical
and mental ability to handle their own affairs. The facility is also encouraged
to consult with any other agencies of the state providing other services to
such a resident prior to this determination.
(iv) Applications shall be accepted for any
individual applying as a one-person household, or for any grouping of residents
applying as a household.
(v) If a
resident applies through a facility's authorized representative, the resident's
eligibility shall be determined as a one- person household.
(vi) If a resident is certified on the
resident's own behalf, the benefits may either be returned to the facility to
be used to purchase food for meals served either communally or individually to
eligible residents; used by eligible residents to purchase and prepare food for
their own consumption; and used to purchase meals prepared and served by the
facility.
(7)
Disqualification as authorized representative:
(a) Any authorized representative who
misrepresents a household's circumstances and knowingly provides false
information pertaining to a household, or has made improper use of SNAP
benefits, shall be disqualified from participating as an authorized
representative for up to one year.
(b) ISD shall be required to send written
notification to the affected household(s) and the authorized representative 30
days prior to the date of disqualification. The notification must specify the
final action; the reason for the final action; the right to request a fair
hearing; the telephone number of the office; and, if possible, the name of the
person to contact for additional information.
(c) This provision is not applicable to drug
or alcoholic treatment centers and to those group homes that act as authorized
representatives for their residents.
(8) Restrictions: HCA employees involved in
the certification or issuance process, and retailers who are authorized to
accept benefits, cannot act as authorized representatives without the specific
written approval of the ISD county director, and then only if the county
director determines that no one else is available to serve as an authorized
representative. Individuals disqualified for fraud cannot act as authorized
representatives during the period of disqualification, unless the disqualified
individual is the only adult member of the household able to act on its behalf
and only if the county director has determined that no one else is available to
serve as an authorized representative. The county director shall decide
separately whether such individuals are needed to apply on behalf of the
household and use the benefits to purchase food.
Notes
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