N.M. Admin. Code § 8.139.120.8 - RECERTIFICATION
When a household's certification period expires, its eligibility to participate in SNAP ends. SNAP benefits will not be continued beyond the certification period. Timely applications for recertification will be approved or denied before the end of the current certification period. ISD must establish procedures for notifying households of expiration dates, providing application forms, scheduling interviews, and recertifying eligible households prior to the expiration of certification periods.
A. Notice and time standards: ISD shall
provide households certified for one month or certified in the second month of
a two-month certification period a notice of expiration (NOE) at the time of
certification. ISD shall provide other households the NOE before the first day
of the last month of the certification period, but not before the first day of
the next-to-the-last month. Jointly processed Public Assistance ("PA") (as
defined at 7 C.F.R.
271.2), and General Assistance ("GA") (as
defined at 7 C.F.R.
271.2) households need not receive a separate
SNAP notice if they are recertified for SNAP at the same time as their PA or GA
redetermination. Every household will be provided with a notice of expiration,
as follows:
(1) For a household certified for
one or two months, the notice of expiration will be provided at the time of
certification. The household will have 15 days from the date the notice is
received to submit a timely application for recertification. The household will
be approved and provided an opportunity to participate, if eligible, or be
denied, within 30 days after obtaining its last SNAP benefit amount.
(2) For all other households, a notice of
expiration will be sent by HCA prior to the start of the last month of the
household's certification period. A household has reapplied timely if the
application for recertification is filed by the 15th day of the last month of
the household's certification period.
(3) ISD will complete the application process
if the household meets all requirements and finishes the necessary processing
steps; ISD will approve or deny timely applications before the end of the
household's current certification period.
B. Failure to submit timely application:
(1) A household that does not submit an
application for recertification by the 15th day of
the expiration month loses its right to uninterrupted benefits.
(2) SNAP benefits will be prorated from the
date of application if a household's application is received in the month after
its certification period has expired or participation has been terminated for
any reason.
(3) ISD will ensure
that any eligible household that does not submit a timely application for
recertification be provided the opportunity to participate, if eligible, within
30 calendar days after the date the application is filed.
C. ISD caused delayed processing: If an
eligible household files an application before the end of the certification
period but the recertification process cannot be completed within 30 days after
the date of application because of ISD fault, ISD must continue to process the
case and provide a full month's allotment for the first month of the new
certification period, and will send a delay notice in accordance with
Subsection D of
8.139.110.13 NMAC. If the household
fails to take required action, ISD may deny the case at the time of
application, at the end of the certification period, or at the end of 30 days.
ISD shall determine cause for any delay in processing a recertification
application in accordance with the provisions of
7 C.F.R.
273.2(h)(1).
D. Scheduling interviews: ISD shall schedule
interviews so that the household has at least 10 days after the interview in
which to provide verification before the certification period expires. A
household will not be required to appear for an interview, or to file an
application for recertification, in the month before the last month of its
current certification period. An interview may be scheduled in the month before
the last month of certification, or prior to the date the application is timely
filed, provided the household is not denied for failing or refusing to appear
for the interview. If an interview was scheduled, or if household member or
authorized representative failed to attend an interview which was scheduled
prior to the date a household files a timely application, ISD will schedule an
interview on or after the date an application is timely filed.
E. Failure to appear: If a household member
or authorized representative fails to appear for a recertification interview
scheduled on or after a timely application is filed, the household loses the
right to uninterrupted participation. ISD shall send the household a notice of
missed interview that may be combined with the notice of denial. If a household
misses its scheduled interview and requests another interview, the ISD shall
schedule a second interview. The household is responsible for rescheduling a
missed interview.
F. Prospective
eligibility determination: A household's eligibility and SNAP benefit amount at
recertification will be determined prospectively based on circumstances
anticipated for the certification period, beginning with the month following
the expiration of the current certification period.
G. Eligibility and benefits: Eligibility will
be determined at recertification according to the standards described below.
(1) Timely reapplication: Applications filed
before the 15th of the expiration month will be considered timely. A household
member or authorized representative that attends an interview and provides all
necessary verification by the end of the household's current certification
period, will have the opportunity to participate by the household's normal
issuance cycle in the month following the end of the current certification
period, if all eligibility factors have been met.
(2) Reapplication after the
15th: If an application for recertification is
submitted after the 15th but before the end of a household's certification
period and the household is determined eligible for the first month following
the end of the certification period, that month is not considered an initial
month and benefits are not prorated.
(3) First month ineligibility: If an
application for recertification is submitted before the end of a household's
certification period, but the household is determined ineligible for the first
month following the end of the certification period, the first month of any
subsequent certification period will be considered an initial month and SNAP
benefits will be prorated.
(4) Late
applications:
(a) Recertification verification
standards, in accordance with Paragraph (2) of Subsection C of
8.139.110.12 NMAC, will be used
when an application is received within 30 days after the certification period
expires. Initial month verification standards, in accordance with Paragraph (1)
of Subsection C of
8.139.110.12 NMAC, will be used if
the application is received more than one calendar month after the
certification period expires or the case has been closed for any
reason.
(b) Initial month
certification provisions and proration of benefits for migrant and seasonal
farmworker households will apply when more than 30 days have passed since the
household was certified for participation. (See
8.139.400.14 NMAC for more
information on migrant and seasonal farmworker households).
(5) Pending verification: A
household member or authorized representative that has reapplied timely,
attended an interview, and is required to provide verification, will be given
10 days to provide the verification, or until the certification period expires,
whichever is longer. If the certification period expires before the 10-day
deadline for submitting the required verification, the household will have the
opportunity to participate, if eligible, within five working days after
verification is submitted. The household is entitled to a full month's
benefits.
Notes
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