New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 139 - FOOD STAMP PROGRAM
Part 120 - CASE ADMINISTRATION - CASE MANAGEMENT
Section 8.139.120.9 - SIMPLIFIED REPORTING
Universal Citation: 8 NM Admin Code 8.139.120.9
Current through Register Vol. 35, No. 18, September 24, 2024
All households will be assigned to simplified reporting (SR). Households must submit an interim report once every six or twelve months, depending on their certification period. Households assigned to a 12-month certification period have an interim report form due at six months. Households assigned to a 24-month certification period have an interim report form due at 12 months.
A. Household Certification Periods: A household that is approved for SNAP benefits shall be assigned the longest certification period possible in accordance with the household's circumstances. Households wherein all adult members are elderly or disabled, with no earned income, will be assigned a 24-month certification period. All other households will be assigned a 12-month certification period.
B. Household responsibility to turn in interim report form:
(1) A household assigned
to a 12-month certification period shall be required to file an interim report
form no later than the 10th day of the sixth month of the certification period
in order to receive uninterrupted benefits.
(2) A household assigned to a 24-month
certification period shall be required to file an interim report form no later
than the 10th day of the 12-month of the certification period in order to
receive uninterrupted benefits.
C. Information that ISD is responsible to provide to households regarding simplified reporting: At the initial certification and at recertification, ISD shall provide the household with the following:
(1) a written and oral explanation
of how simplified reporting works;
(2) a written and oral explanation of the
reporting requirements including:
(a) what
needs to be reported and verified;
(b) when the interim report form is
due;
(c) how to obtain assistance;
and
(d) the consequences of failing
to file an interim report form.
(3) special assistance in completing and
filing interim reports to households whose adult members are all either
mentally or physically handicapped or are non-English speaking or otherwise
lacking in reading and writing skills such that they cannot complete and file
the required report; and
(4) a
toll-free number which the household may call to ask questions or to obtain
help in completing the interim report.
D. Information requirements for the interim report form: The interim report form will be written in clear, simple language, include information on the availability of a bilingual version of the document described in 7 CFR 272.4(b), and shall specify:
(1) the deadline date to submit the form to
ISD to ensure uninterrupted benefits if the household is determined
eligible;
(2) the consequences of
submitting a late or incomplete form including whether ISD shall delay benefits
if the form is not received by the due date;
(3) verification the household must submit
with the form;
(4) a statement to
be signed by a member of the household indicating their understanding that the
information provided may result in a reduction or termination of
benefits;
(5) where to call for
help in completing the form;
(6) a
statement explaining that ISD will not change certain deductions until the
household's next recertification and identify those deductions if ISD has
chosen to disregard reported changes that affect certain deductions in
accordance with paragraph (c) of section
7 CFR
273.12;
(7) a brief explanation of fraud penalties;
and
(8) how the agency may use
social security numbers.
E. The following information, along with required verification, must be returned to ISD with the interim report form:
(1) a change of more than $125 in the amount
of unearned income, except changes relating to public assistance (PA) or
general assistance (GA) programs when jointly processed with SNAP
cases;
(2) a change in the source
of income, including starting or stopping a job or changing jobs, if the change
in employment is accompanied by a change in income;
(3) changes in either:
(a) the wage rate or salary or a change in
full-time or part-time employment status as defined in Subsection C of
8.102.461.11 NMAC, provided the
household is certified for no more than six months; or
(b) a change in the amount earned of more
than one hundred twenty-five dollars ($125) a month from the amount last used
to calculate the household's allotment, provided the household is certified for
no more than six months.
(4) all changes in household composition,
such as the addition or loss of a household member;
(5) changes in residence and the resulting
shelter costs;
(6) the acquisition
of a licensed vehicle, unless the household is categorically eligible as
defined at Sections 8 and 9 of 8.139.420 NMAC or the vehicle is not fully
excludable under 8.139.527 NMAC;
(7) when cash on hand, stocks, bonds and
money in a bank account or savings institution reach or exceed the resource
limit set at
8.139.510.8 NMAC, unless the
household is categorically eligible as defined at
8.139.420.8 and
8.139.420.9 NMAC;
(8) changes in the legal obligation to pay
child support;
(9) for able-bodied
adults subject to the time limit of
7 CFR
273.24, any changes in work hours that bring
an individual below 20 hours per week, averaged monthly, as defined in
7 CFR
273.24(a)(1)(i);
and
(10) In accordance with
7 CFR
273.12(a)(2), SNAP
households must report substantial lottery and gambling winnings;
(a) if the substantial lottery and gambling
winning is won by multiple beneficiaries and is over the elderly and disabled
resource standard, each SNAP member's share must be reported;
(b) if the winning is less than the elderly
and disabled resource standard it does not need to be reported;
F. ISD's responsibility with interim report forms:
(1) Interim report
form is not received: If a household fails to file a report by the specific
filing date, defined in Subsection B of
8.139.120.9 NMAC, ISD will send a
notice to the household advising of the missing report no later than 10
calendar days from the date the report should have been submitted. If the
household does not respond to the notice, the household's participation shall
be terminated.
(2) Incomplete
interim report form is received:
(a) An
interim report form that is not signed shall be returned to the household for a
signature. The household:
(i) shall be
notified that the form is incomplete;
(ii) what needs to be completed to complete
the interim report form; and
(iii)
shall be given 10 calendar days to provide the signed interim report form to be
reviewed for completeness.
(b) An interim report form that is incomplete
because required verification is not provided shall not be returned to the
household. The household:
(i) shall be
notified that the form is incomplete;
(ii) what information must be provided to
complete the interim report form; and
(iii) shall be given 10 calendar days to
provide the verification to process the interim report form.
(3)
Complete
interim report form is received:
(a) A
form that is complete and all verifications are provided, shall be processed
within 10 calendar days of receipt.
(b) A form that is complete, and all
verifications are provided except for verification of an allowable deduction,
shall be processed, unless the verification is otherwise questionable, in
accordance with
8.100.130.12 NMAC. The household:
(i) shall be notified that verification is
questionable; and
(ii) shall be
given 10 calendar days to provide the verification to process the allowable
deduction.
(c) A
deduction that is verified within the month the interim report form is due
shall be processed as part of the interim report form.
(d) A deduction that is verified in the month
after the interim report form is due shall be processed as a change reported by
the household.
(e) If the household
files a timely and complete report resulting in reduction or termination of
benefits, ISD shall send a notice of case action. The notice must be issued so
that the household will receive it no later than the time that its benefits are
normally received. If the household fails to provide sufficient information or
verification regarding a deductible expense, ISD will not terminate the
household, but will instead determine the household's benefits excluding the
deduction from the benefit calculation.
G. Changes that must be reported at any time during certification period: Households must report changes no later than 10 days from the end of the calendar month in which the change occurred, provided that the household has at least 10 calendar days within which to report the change. If there are not 10 days remaining in the month, the household must report within 10 days from the date the work hours fall below 20 hours per week, averaged monthly or when income exceeding the gross federal poverty limit as mentioned below is first received. The interim report form is the sole reporting requirement for any information that is required to be reported on the form, except that a household must report at any time during the certification period:
(1) the household must
report when its monthly gross income exceeds one hundred thirty percent of
poverty level. A categorically eligible household defined in accordance with
8.139.420.8 NMAC, must report when
its monthly gross income exceeds one hundred sixty-five percent of poverty
level. The household shall use the monthly gross income limit for the household
size that existed at the time of certification or recertification regardless of
any subsequent changes to its household size; and
(2) able-bodied adults subject to the time
limit in accordance with 7
CFR 273.24 shall report whenever their work
hours fall below 20 hours per week, averaged monthly.
(3) in accordance with
7 CFR
273.12(a)(2), SNAP
households must report substantial lottery and gambling winnings within 10 days
of the end of the month in which the household received the winnings.
(a) if the substantial lottery and gambling
winning is won by multiple beneficiaries and is over the elderly and disabled
resource standard, each SNAP member's share must be reported.
(b) if the winning is less than the elderly
and disabled resource standard it does not need to be reported.
H. Action on changes reported outside of the interim report form: In addition to changes that must be reported in accordance with Subsection G of 8.139.120.9 NMAC, ISD must act on changes in between interim report forms, if it would increase the household's benefits. ISD shall not act on changes that would result in a decrease in the household's benefits unless:
(1) The
household has voluntarily requested that its case be closed.
(2) ISD has information about the household's
circumstances considered verified upon receipt. Verified upon receipt is
defined:
(a) information is not questionable;
and
(b) the provider of the
information is the primary source of information; or
(c) the recipient's attestation exactly
matches the information received from a third party.
(3) A household member has been identified as
a fleeing felon or probation violator in accordance with
7 CFR
273.11(n);
(4) There has been a change in the
household's cash grant, or where cash and SNAP cases are jointly processed in
accordance with 7 CFR
273.2(j)(2).
I. Responsibilities on reported changes outside of the interim report form: When a household reports a change, ISD shall take action to determine the household's eligibility or SNAP benefit amount within 10 working days of the date the change is reported.
(1) During the certification period, action
shall not be taken on changes to medical expenses of households eligible for
the medical expense deduction which ISD learns of from a source other than the
household and which, in order to take action, requires ISD to contact the
household for verification. ISD shall act only on those changes in medical
expenses that it learns about from a source other than the household, if those
changes are verified upon receipt and do not necessitate contact with the
household.
(2) Decreased or
termination of benefits: For reported and verified changes that result in a
decrease or termination of household benefits, ISD shall act on the change as
follows:
(a) Issue a notice of adverse action
within 10 calendar days of the date the change was reported and verified unless
one of the exemptions to the notice of adverse action in
7 CFR 273.13
(a)(3) or (b) applies.
(b) When a notice of adverse action is used,
the decrease in the benefit level shall be made effective no later than the
allotment for the month following the month in which the notice of adverse
action period has expired, provided a fair hearing and continuation of benefits
have not been requested.
(c) When a
notice of adverse action is not used due to one of the exemptions in
7 CFR 273.13
(a)(3) or (b), the decrease shall be made
effective no later than the month following the change. Verification which is
required by 7 CFR
273.2(f) must be obtained
prior to recertification.
(3) Increased benefits: For reported and
verified changes that result in an increase of household benefits, ISD shall
act on the change as follows:
(a) For changes
which result in an increase in a household's benefits, other than changes
described in Paragraph (b) of this section, ISD shall make the change effective
no later than the first allotment issued 10 calendar days after the date the
change was reported to ISD.
(b) For
changes which result in an increase in a household's benefits due to the
addition of a new household member who is not a member of another certified
household, or due to a decrease of $50 or more in the household's gross monthly
income, ISD shall make the change effective not later than the first allotment
issued 10 calendar days after the date the change was reported.
(i) In no event shall these changes take
effect any later than the month following the month in which the change is
reported.
(ii) If the change is
reported after the last day to make changes and it is too late for ISD to
adjust the following month's allotment, ISD shall issue a supplement or
otherwise provide an opportunity for the household to obtain the increase in
benefits by the 10th day of the following month, or the household's normal
issuance cycle in that month, whichever is later.
(4) No change in SNAP benefit
amount: When a reported change has no effect on the SNAP benefit amount, ISD
shall document the change in the case file and notify the household of the
receipt of the report.
(5)
Providing verification: The household shall be allowed 10 calendar days from
the date a change is reported to provide verification, if necessary. If
verification is provided at the time a change is reported or by the deadline
date, the increase in benefits shall be effective in accordance with (a) and
(b) above. If the household fails to provide the verification by the deadline
date, but does provide it at a later date, the increase shall be effective in
the month following the month the verification is provided. If the household
fails to provide necessary verification, its' SNAP benefit amount shall revert
to the original benefit amount.
J. Resolving unclear information:
(1) During the certification period, ISD may
obtain information about changes in a household's circumstances from which ISD
cannot readily determine the effect of the change on the household's benefit
amount. The information may be received from a third party or from the
household itself. ISD must pursue clarification and verification of household
circumstances using the following procedure if unclear information received
outside the periodic report is:
(a)
information fewer than 60 days old relative to the current month of
participation; and,
(b) if
accurate, would have been required to be reported under simplified reporting
rules, in accordance with
8.139.120.9 NMAC.
(c) ISD must pursue clarification and
verification of household circumstances in accordance with the process outlined
in Subsection B of
8.100.130.12 NMAC, for any unclear
information that appears to present significantly conflicting information from
that used by ISD, at the time of certification.
(2) Unclear information resulting from
certain data matches:
(a) if the HCA receives
match information from a trusted data source as described in
7 CFR
272.13 or
7 CFR
272.14, ISD shall send a notice in accordance
with Subsection B of
8.100.130.12 NMAC in accordance
with 7 CFR
272.13(b)(4) and
7 CFR
272.14(c)(4). The notices
must clearly explain what information is needed from the household and the
consequences of failing to respond to the notice.
(b) if the household fails to respond to the
notice or does respond but refuses to provide sufficient information to clarify
its circumstances, ISD shall remove the individual and the individual's income
from the household and adjust benefits accordingly. As appropriate, ISD shall
issue a notice of adverse action.
K. Failure to report changes: 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 or if the household is entitled to an increased benefit amount.
(1) Decreased benefit amount:
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. 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. No
claim shall be established because of a change in circumstances that a
household is not required to report in accordance with Subsection G of
8.139.120.9 NMAC above.
(2) Increased benefit amount: When a
household fails to make a timely report of a change which will result in an
increased SNAP benefit amount, the household is not entitled to a supplement
for any month prior to and including the month in which the change was
reported. The household is entitled to an increased benefit amount effective no
later than the first benefit amount issued 10 calendar days after the date the
change was reported.
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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