New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 139 - FOOD STAMP PROGRAM
Part 120 - CASE ADMINISTRATION - CASE MANAGEMENT
Section 8.139.120.14 - OTHER CHANGES AFFECTING SNAP HOUSEHOLDS
Universal Citation: 8 NM Admin Code 8.139.120.14
Current through Register Vol. 35, No. 18, September 24, 2024
A. Failure to report changes:
(1) If ISD discovers that the household
failed to report a change as required, ISD shall evaluate the change to
determine whether the household received benefits to which it was not
entitled.
(2) After verifying the
change, ISD shall initiate a claim against the household for any month in which
the household was over issued SNAP benefits. The first month of the over
issuance is the month following the month the adverse action notice time limit
would have expired had the household timely reported the change.
(3) If the discovery is made within the
certification period, the household is entitled to a notice of adverse action
if its benefits will be reduced.
(4) No claim shall be established because of
a change in circumstances that a household is not required to report.
B. Noncompliance with program requirements or fraud:
(1) Intentional failure
to comply or fraud: No household shall receive an increase in SNAP benefits
when benefits from another program have been decreased (reduced, suspended or
terminated) for intentional failure to comply with the other program
eligibility requirements or for an act of fraud. This provision applies in
cases where the other program is a means-tested, federal, state or local
welfare or public assistance program, which is governed by welfare or public
assistance laws or regulations and which distributes public funds.
(2) Failure to comply shall be determined as
provided in Paragraph (3) of Subsection I of
8.139.520.9 NMAC.
(3) Verification of recoupment: Agencies
administering means-tested, publicly funded assistance programs provide
recipients with written advance notice of proposed changes in benefit amounts.
Such notices provide information which shall determine if the reduction in cash
assistance is because of a properly reported change in circumstances. In most
cases, the notice shall document whether the reduction is because of a
recoupment of overpaid benefits resulting from intentional failure to report
changes. If the notice is not detailed enough to make a determination, the
agency which initiated recoupment shall be contacted to obtain the necessary
information. SNAP benefits shall not be delayed beyond normal processing
standards pending the outcome of this determination.
(4) Calculating benefits: When a recipient's
assistance benefits are decreased to recoup an overpayment, that portion of the
decrease that is the recoupment shall first be identified. The recoupment is
the amount of decrease attributed to the repayment of benefits over issued. If
a Title IV-A recipient intentionally under reports income, the Title IV-A grant
is first reduced to reflect the corrected income, then reduced further by the
recoupment amount. In such a case, the SNAP calculation would reflect the Title
IV-A amount reduced because of income, but not the second reduction caused by
recoupment.
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