Current through Register Vol. 35, No. 18, September 24, 2024
The following individuals shall be included as household
members for the purpose of defining a household, but shall not be included as
eligible members when determining the household's size, comparing the
household's monthly income with the income eligibility standard, or assigning a
benefit amount by household size.
A.
Excluded household members:
(1) Ineligible
non-citizens: Individuals who do not meet citizenship or eligible non-citizen
status requirements, or eligible sponsored non-citizen requirements. The income
and resources of such individuals shall be counted in determining the
household's eligibility and benefit amount in accordance with the requirements
in Subsection C of
8.139.520.10 NMAC.
(2) Ineligible students: Individuals enrolled
in an institution of higher education who are ineligible because they do not
meet the student eligibility requirements in Subsection A of
8.139.400.11 NMAC. Ineligible
students are considered as non-household members in determining the household's
eligibility and benefit amount. Income and resources are considered in
accordance with the requirements in Subsection D of
8.139.520.10 NMAC.
B. Disqualified household members:
(1) SSN disqualified: Individuals who are
disqualified for refusal or failure to provide a social security
number.
(2) Work noncompliance:
Individuals who have been disqualified for failure or refusal to comply with
work requirements.
(3) IPV:
Individuals disqualified for an intentional program violation.
C. Disqualification for fleeing
felons and probation/parole violators: No member of an otherwise eligible
household shall be eligible to participate in the FSP as a member of the
household during any period in which the individual is:
(1) fleeing to avoid prosecution, or custody
or confinement after conviction, under the law of the place from which the
individual is fleeing, for a crime or attempt to commit a crime, that is a
felony, or in New Jersey a high misdemeanor, under the law of the place from
which the individual is fleeing; or
(2) violating a condition of probation or
parole imposed under a federal or state law.
(3) Treatment of income and resources: The
income and resources of an individual described in Paragraphs (1) and (2) of
Subsection C of
8.139.400.12 NMAC shall be
attributed in their entirety to the household while the individual is in the
home.
D.
Disqualification for certain convicted felon: The disqualification contained in
Subsection D of 8.139.400 NMAC shall not apply to a conviction if the
conviction is for conduct occurring on or before February 7, 2014. An
individual shall not be eligible for SNAP benefits if the individual is
convicted as an adult of:
(1) aggravated
sexual abuse under section 2241 of title 18, United States Code;
(2) murder under section 1111 of title 18,
United States Code;
(3) an offense
under chapter 110 of title 18, United States Code;
(4) a federal or state offense involving
sexual assault, as defined in section 40002(a) of the Violence Against Women
Act of 1994 (42 U.S.C.
13925(a)); or
(5) an offense under state law determined by
the attorney general to be substantially similar to an offense described in
Paragraph (1), (2), or (3) of Subsection D of
8.139.400.12 NMAC; and
(6) The individual is not in compliance with
the terms of the sentence of the individual or the restrictions under
Subsection C of
8.139.400.12 NMAC.
