New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 106 - STATE FUNDED ASSISTANCE PROGRAMS
Part 630 - DESCRIPTION OF PROGRAM/BENEFITS - CHANGES IN ELIGIBILITY
Section 8.106.630.12 - LATE REPORTING OF CHANGES
Universal Citation: 8 NM Admin Code 8.106.630.12
Current through Register Vol. 35, No. 18, September 24, 2024
A. If the benefit group failed to timely report a change, the caseworker shall verify the change to determine whether the benefit group received benefits to which it was not entitled (an overpayment).
B. Failure to report changes: Failure to report any change in a timely manner may result in an underpayment or an overpayment to the benefit group.
(1) The caseworker shall establish a claim
against the benefit group for any month in which the benefit group was overpaid
benefits.
(2) If the establishment
of an overpayment is made within the certification period, the benefit group is
entitled to a notice of adverse action that its benefits will be reduced due to
the overpayment.
(3) No claim shall
be established because of a change in circumstances that a benefit group is not
required to report.
C. Good cause for failure to report a required change:
(1) If a required change is not reported
timely, good cause for not reporting on time is considered to exist if the
recipient can show, with appropriate documentation, that the recipient was
prevented from reporting by a health problem, including illness, or death of an
immediate family member during the time period the individual was required to
report.
(2) The health problem or
death of an immediate family member must have been of such severity and
duration as to effectively prevent the timely reporting by the head of
household or unrelated caretaker. The head of household or unrelated caretaker
must provide proof of the existence of the health problem and explain exactly
how it prevented the recipient from reporting the information to the ISD
office.
(3) The determination of
good cause shall be made by the caseworker, subject to the review and approval
of the county director or the county director's designee.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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