Current through Register Vol. 35, No. 18, September 24, 2024
Homeless households residing in public or private nonprofit
shelters for homeless individuals will be exempt from the residents of an
institution eligibility requirements (Subsection A of
8.139.400.13 NMAC). Such households
may not be denied benefits for lack of a conventional or fixed residence, or be
required to have a street address or post office box for mailing purposes.
Homeless households may use their food stamp benefits to purchase meals from
homeless meal providers that have been authorized by FCS to accept coupons for
meal payments.
A. Homeless shelter
standard: The HCA will use a standard estimate of shelter expenses for
households in which all members are homeless and are not receiving free shelter
throughout the calendar month. All homeless households that incur, or
reasonably expect to incur, shelter expenses during a month will be eligible
for the homeless shelter standard unless higher shelter expenses are verified.
The homeless shelter standard, which includes both shelter and utility
expenses, is adjusted annually, and is effective every October (Paragraph (3)
of Subsection F of
8.139.500.8 NMAC).
B. Restrictions:
(1) Households: No special restrictions will
be imposed on homeless households living in shelters.
(2) Homeless meal providers: Homeless meal
providers may not act as authorized representatives for homeless households. If
a homeless shelter is authorized by FNS as a homeless meal provider, the
shelter may not require a homeless household to surrender its food stamp
benefits to the shelter. The shelter can only request voluntary use of food
stamp benefits from homeless food stamp recipients.
(3) Cost of food: A shelter for the homeless
may not require households using food stamp benefits to pay more than the
average cost of the food purchased by the homeless meal provider. For purposes
of this section, "average cost" will be calculated by averaging food costs over
a period of up to one calendar month. The value of donated foods from any
source will not be used to calculate the average cost, nor to determine the
amount requested from food stamp recipients. All indirect costs, such as those
incurred in the acquisition, storage, or preparation of the food used in meals,
will also be excluded. Homeless meal providers may only use uncancelled,
unmarked $1 food stamp benefit amounts in making change for meal purchases by
homeless households. Change in the form of cash or credit slips is prohibited.
In addition, if other shelter residents have the option of eating free or
making a monetary donation, food stamp recipients in the shelter must be given
the option of eating free or making a voluntary donation in money or food stamp
benefits.
C. Shelter
authorization procedures:
(1) To be authorized
to accept food stamp benefits from homeless recipients, a homeless meal
provider must file an application with FNS and be determined eligible as a
homeless meal provider. The conditions that a homeless meal provider must meet
are:
(a) the homeless meal provider must be a
public organization or a private, nonprofit organization defined by the IRS
(I.R.C. 501(c)(3));
(b) the
homeless meal provider must serve meals that include food purchased by the
organization (providers serving meals consisting entirely of donated food are
not authorized); and
(c) the
homeless meal provider must obtain written approval from the HCA that the
organization does in fact serve meals to homeless persons.
(2) FNS may limit the participation of any
homeless meal provider in order to preserve the integrity of the food stamp
program.
