Current through Register Vol. 35, No. 18, September 24, 2024
A. Cash
Assistance (CA)/SNAP combined cases: To facilitate participation in SNAP, the
Food Stamp Act requires that individuals applying for CA be able to apply for
SNAP benefits at the same time.
(1)
Application: A household applying jointly for CA and SNAP is required to file
only one application on a form prescribed by ISD. The application contains the
information necessary to complete the application process whether it was
submitted by paper format or electronically online. If it is unclear to ISD
whether the applicant intends to apply for SNAP, ISD will ask the applicant
during the CA interview or other contact may be made with the applicant. An
application for SNAP will be processed in accordance with time standards and
procedures set forth in federal and state laws and regulations governing SNAP,
including expedited processing provisions.
(2) Single interview: Whenever possible, a
single interview will be held with an applicant who applies jointly for CA and
SNAP benefits.
(3) Categorical
eligibility: A SNAP household that meets criteria set forth in
8.139.420.8 NMAC is categorically
eligible. If a household does not meet SNAP eligibility criteria, but is
potentially categorically eligible, ISD must postpone denying the SNAP
application until the 30th day.
(4)
Application processing: Shall be processed in accordance with
7 C.F.R
273.2 j(1)(iv). As a result of differences in
CA and SNAP application processing procedures and timeliness standards,
eligibility for SNAP benefits may be determined prior to CA eligibility
determination. Action on a SNAP application may be postponed until categorical
eligibility is established to afford the household any benefits of this
provision. However, SNAP approval may not exceed the applicable SNAP expedited
or regular application processing timeliness standards.
(5) Application is denied: If a CA
application is denied, an applicant is not required to file a new SNAP
application. SNAP eligibility will be determined on the basis of the original
application filed jointly for CA and SNAP, as well as any other documentation
and information obtained in the course of the CA determination that is relevant
to SNAP eligibility and benefit amount. A SNAP application may not be denied
based on a CA denial reason, but must be based on the SNAP eligibility
criteria.
(6) Denial retrieval: A
SNAP application that is denied on the 30th day must be readily retrievable for
another 30 days, in case the household is later determined eligible for CA or
supplemental security income (SSI) benefits. When this occurs, ISD will use the
original SNAP application, update any information and approve the SNAP case
with prorated benefits as of the date of CA or SSI approval or payment
effective date, whichever is later. A second interview is not necessary,
however, the applicant or authorized representative should initial all changes
and sign and date the verification of the changes.
B. Reporting changes: All participants in
public assistance programs administered by the HCA are required to report any
changed circumstances that relate to their eligibility for assistance or level
of benefits. Each participant is provided with a list of the specific
information they are required to report and the reporting time limits. When a
change is reported, ISD must ensure that adjustments are made in the client's
eligibility status or allotment for those months that the reported change is in
effect, in accordance with each program's chapter on this topic.
(1) Notice: Whenever a client's benefits are
altered as a result of changes, or whenever a certification period is shortened
to reflect changes in the household's circumstances, the client is notified of
the action by ISD in accordance with the notice requirements found in
8.100.180.10 NMAC and
8.100.180.11 NMAC. If the
certification period is shortened, the household's certification period may not
end any earlier than the second month following the month ISD determines the
certification period should end. This allows adequate time to send a notice of
expiration and for the household to timely reapply. If CA benefits are
terminated, but the household is still eligible for SNAP benefits, members of
the household must be informed about SNAP employment & training and ABAWD
requirements, if applicable.
(2) CA
reduction or termination within SNAP certification period: Whenever a reported
change results in the reduction or termination of a client's CA benefits within
the SNAP certification period, action will be taken to determine how the change
affects the client's SNAP eligibility and benefit levels.
(a) Sufficient information: When there is
sufficient information to determine how the change affects SNAP eligibility and
benefit levels, the following actions will be taken:
(i) Reduction/termination of SNAP benefits: A
change that reduces or terminates SNAP, CA or both benefits will generate a
notice of adverse action for each category of assistance that is sent to the
household and authorized representative. The notice(s) of adverse action will
inform the household of its fair hearing rights and method for requesting
continuation of benefits.
(ii)
Increase in SNAP benefits: If the reduction/termination of CA benefits results
in the increase of SNAP benefits, the increase in SNAP benefits occurs after
the CA notice period expires and the CA grant is actually reduced or
terminated.
(b)
Insufficient information: Whenever there is insufficient information to
determine how the CA change affects the client's SNAP eligibility and benefit
level, the following actions shall be taken:
(i) CA notice of adverse action required:
Where a CA notice of adverse action has been sent and the client requests a
fair hearing and CA benefits are continued pending the appeal, the household's
SNAP benefits will be continued on the same basis. However, the household must
recertify for SNAP benefits if the SNAP certification period expires before the
fair hearing process is completed.
(ii) CA notice of adverse action not
required: If a CA notice of adverse action is not required, or the client
decides not to request a fair hearing and continuation of CA benefits, the
household must be notified that its certification period will expire at the end
of the month following the month the notice of expiration is sent, and that it
must reapply if it wishes to continue to participate in the SNAP. The notice of
expiration will also explain to the household that the certification period is
expiring because of changes in its circumstances that may affect its SNAP
eligibility and benefit level.
(3) Certification periods: ISD will assign CA
and SNAP certification periods that expire at the same time. In no event are CA
and SNAP benefits to be continued beyond the end of a certification
period.
(4) Recertification:
Households in which all members are contained in a single CA grant or in a
single general assistance (GA) grant will have their SNAP interviews for
recertification, to the extent possible, at the same time they are redetermined
for CA.
(5) Reopened cases: If the
CA and SNAP cases are closed or the SNAP certification expires, and the former
recipient reapplies for one or both programs for the month following closure or
expiration, benefits are prorated from the date of application for SNAP. If
reapplication is made for CA or SNAP or both, following a break of one full
month or more, SNAP and CA benefits for the month of application will be
determined prospectively under beginning month provisions.
C. Other processing standards:
(1) SSI Households: Households in which all
members are applying for SSI benefits are handled in the same manner as CA
households with respect to the postponement of SNAP approval or denial and the
retrieval of denied SNAP applications.
(a)
Since ISD cannot monitor the progress of the SSI application, and if the SNAP
application is denied on the 30th day, the household must be advised to reapply
for SNAP when it has been notified of SSI approval.
(b) SSI households are also entitled to apply
for SNAP and be recertified at the social security administration (SSA)
offices. SSA will accept the application and forward the completed application,
transmittal form, and any available verification to the designated local ISD
field office. When SSA accepts and refers the application, the household is not
required to appear at a second office interview, although ISD may request
additional verification or information needed to make an eligibility
determination. Processing time limits begin when the SNAP application is
registered at the SSA office.
(2) GA households: Households in which all
members are applying for state administered GA are to be processed jointly for
GA and SNAP benefits. However, since these households are not, nor will they
become categorically eligible, the provisions to postpone approval or denial
and to retrieve denied SNAP applications do not apply.
(3) Mixed households: Households in which
some but not all of the household members are applying for NMW benefits will
file separate applications for CA and SNAP benefits. Applications will be
handled under the same processing provisions required for nonfinancial
assistance households. However, if those not applying for CA benefits are
recipients of SSI, the SNAP application would be jointly processed, because SSI
recipients are already considered CA recipients.
(4) Application processing standards joint
applications other than CA/SNAP: Each type of benefit applied for will be
processed according to its specific procedures and timeliness standards. No
benefit's processing will be delayed waiting for other benefit's
requirements.