New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 139 - FOOD STAMP PROGRAM
Part 520 - ELIGIBILITY POLICY / INCOME AND DEDUCTIONS
Section 8.139.520.8 - INCOME

Universal Citation: 8 NM Admin Code 8.139.520.8

Current through Register Vol. 35, No. 18, September 24, 2024

The national income eligibility standards are based on the federal income poverty levels established in Section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). The net income standard is the federal income poverty guideline for the 48 contiguous states and the District of Columbia. The gross income standard is one hundred and thirty percent of that amount. The income standards are adjusted annually each October 1st. Activities described in this section relate to the calculation of a household's income to determine eligibility and food stamp benefit amount.

A. Elderly/disabled households: Households which contain an elderly or disabled member, as defined in 8.139.100 NMAC, definitions, must meet the net income eligibility standards listed in Subsection E of 8.139.500.8 NMAC.

B. Other households: Households which do not contain an elderly or disabled member, as defined, must meet the gross income eligibility standards for the food stamp program (FSP) (Subsection E of 8.139.500.8 NMAC). If a household is determined eligible based on gross income standards, deductions shall be allowed in calculating net monthly income to arrive at a final eligibility determination based on net income standards.

C. Categorically eligible: Households that are entitled to broad/based categorically eligibility must meet gross and net income eligibility. Households that are categorically eligible, due to receipt of financial assistance do not need to meet the gross or net income eligibility standard. The food stamp benefit amount for all CE households shall be based on net income limits. All categorically eligible one/ and two/person households are entitled to the minimum food stamp benefit amount, except in an initial month if the prorated benefit is less than ten dollars.

D. Income of ineligible or disqualified household members:

(1) The earned or unearned income of an individual disqualified for intentional program violation (IPV) or for noncompliance with the employment and training (E&T) work requirements shall be attributed in its entirety to the remaining members.

(2) The earned or unearned income of an individual disqualified for failing to provide or apply for a social security number or because the individual is an ineligible alien shall continue to be counted as income, minus a pro rata share for the disqualified or ineligible member(s).

E. Income of non/household members: The earned or unearned income of an individual listed below shall not be considered available to the household with which the individual lives:

(1) roomers;

(2) boarders;

(3) foster children, if the household chooses not to include them;

(4) live/in attendants; and

(5) ineligible students.

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