N.M. Code R. § 8.106.100.7 [Effective 11/1/2023] Definitions

LibraryNew Mexico Administrative Code
Edition2023 Edition
CurrencyCurrent through Register Vol. 34, No. 20, October 24, 2023
CitationN.M. Code R. § 8.106.100.7
Year2023

A. Definitions beginning with "A":

    (1) Adult residential shelter care home (ARSCH): means a shelter care home for adults that is licensed by the department of health.
    (2) Alien: means an individual who is not a United States citizen.
    (3) Application: means a written request for assistance, on the appropriate ISD form, signed by or on behalf of an individual or family.
    (4) Attendant: means an individual needed in the home for medical, housekeeping or child care reasons.
    (5) Authorized beneficiary: means the surviving spouse of a disabled adult or the caretaker of an unrelated child, who has the ability to use a deceased recipient's issued payment.
    (6) Authorized representative: means an adult who is designated in writing by the applicant and is sufficiently knowledgeable about the applicant/benefit group's circumstances to complete the application form correctly and represent the benefit group.

B. Definitions beginning with "B":

    (1) Basic needs: means food, clothing, shelter, utilities, personal requirements and the individual's share of household supplies.
    (2) Benefit group: means an individual or group of individuals authorized to receive cash assistance financed by state or local funds.
    (3) Benefit month: means the month for which cash assistance benefits are issued.
    (4) Budget month: means the calendar month for which income and other circumstances of the benefit group shall be determined in order to calculate the cash assistance amount.

C. Definitions beginning with "C":

    (1) Capacity to work: the effects of impairment(s), work-related factors, functionality on the ability for an individual to engage in gainful employment.
    (2) Capital gains: means the proceeds from the sale of capital goods or equipment.
    (3) Cash assistance: means state-funded cash assistance in the general assistance program, the adult residential shelter care home program (ARSCH), or the burial assistance program for the indigent.
    (4) Categorical eligibility (CE): means a SNAP household that meets one of the following conditions is considered to be CE and have limited eligibility requirements. (a) Financial CE: Any SNAP household in which all members receive Title IV-A assistance (TANF), general assistance (GA), or supplemental security income (SSI) benefits is considered to be categorically eligible for SNAP benefits. (b) Broad-based CE: Any SNAP household, in good standing, in which at least one member is receiving a non-cash TANF/MOE funded benefit or service and household income is below one hundred sixty-five percent FPG.
    (5) Certification: means the authorization of eligibility of a benefit group for the issuance of cash assistance benefits.
    (6) Certification period: means the time period in calendar months that is assigned to a benefit group that is approved to receive cash assistance benefits.
    (7) Collateral contact: means an individual or agency designated to provide information concerning eligibility.
    (8) Contingency: means requirement(s) an individual must accept as a condition of eligibility such as, treatment available outside the GA program unless a determination is made that good cause exists for the individual's inability to comply.
    (9) Conversion factor: means anticipated monthly income received on a weekly or bi-weekly basis shall be converted to a monthly amount.

D. Definitions beginning with "D":

    (1) Date of admission: means the date established by the immigration and naturalization service as the date an alien (or sponsored alien) was admitted for permanent residence.
    (2) Date of application: means the date the application is received by the income support division offices during regular business hours, this includes applications that are dropped off submitted in person and electronically. Applications that are dropped off or submitted electronically after regularly scheduled business hours, holidays and weekends will be considered received as of the next business day.
    (3) Date of authorization: means the date when action is taken to approve a cash payment for a benefit group.
    (4) Date of entry: means the date established by the immigration and naturalization service as the date an alien (or sponsored alien) was admitted for permanent residence.
    (5) Day(s): means working days, unless otherwise defined in this chapter.
    (6) Department: means the human services department.
    (7) Dependent child: means an individual who is seventeen years of age or younger; eighteen years of age and enrolled in high school; or between eighteen and twenty-two years of age and is receiving special education services regulated by the state public education department.
    (8) Director: means the director of the income support division.
    (9) Disability: means the definitions of disability related to the general assistance program and the disability determination process found at 8.106.420.7 NMAC.

E. Definitions beginning with "E":

    (1) Earned income: means cash or payment in-kind that is received as wages from employment or payment in lieu of wages; and earnings from self-employment or earnings acquired from the direct provision of services, goods or property, production of goods, management of property or supervision of services.
    (2) Emancipated: means an individual under the age of 18 who is legally recognized as no longer under parental control due to the individual's marriage, active duty in the armed forces or by the order of a court.
    (3) Encumbrance: means debt owed on property.
    (4) Equity value: means the fair market value of property, less any encumbrances owed on the property.
    (5) Essential person: means an individual responsible for the care of a disabled general assistance recipient to the extent that placement into institutional care would be required were it not for care provided by this individual.
    (6) Expungement: means the permanent deletion of cash benefits from an EBT account that is stale.

F. Definitions beginning with "F":

    (1) Fair hearing: means an administrative proceeding that a claimant or the claimant's representative may request if: (a) an application is not acted on within the application time limits at 8.106.110.12 NMAC; or (b) an application is denied in whole or in part; or (c) cash assistance or services are modified, terminated or not provided.
    (2) Fair market value (FMV): means the amount an item can be expected to sell for on the open market at the prevailing rate of return. For vehicles, the term FMV means the amount a dealer would buy a vehicle for wholesale or as a trade-in, not the amount the dealer would sell the vehicle for at retail.
    (3) Federal act: means the federal Social Security Act and rules promulgated pursuant to the Social Security Act.
    (4) Federal fiscal year: means the time period beginning on October 1 and ending on September 30 of the calendar year.
    (5) Federal poverty guidelines: means the level of income defining poverty by family size, published annually in the federal register by the United States department of health and human services.

G. Definitions beginning with "G":

    (1) Gainful employment: means any job or class of jobs in the state that would provide an income equaling or exceeding eighty-five percent of the federal poverty guidelines to the benefit group.
    (2) Government entity: means any federal, state, tribal or local unit of government as well as any non-government entity that receives public funds for the purpose of meeting the needs of its clientele.
    (3) Gross income: means the total amount of earned or unearned income before any voluntary or involuntary deductions are made, such as, but not limited to, federal and state taxes FICA, garnishments, insurance premiums (including medicare), and monies due and owing the benefit group but diverted by the provider. Gross income does not include specific income exclusions, such as but not limited...

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