Current through Register Vol. 35, No. 18, September 24, 2024
Clients are eligible for child care assistance benefits upon
meeting the requirements for eligibility as determined by the department and
federal regulation.
A. Child care staff
will initiate communication at the initial determination of their eligibility
period to provide outreach and consumer education with a case management
approach and coordination of services to support families.
B. Eligibility period: Based upon the client
meeting all eligibility requirements, a 12-month certification period will be
granted.
(1) Eligibility may be granted for
less than 12 months at the parent or legal guardian's request. The parent or
legal guardian will, however, remain eligible for the approved 12-month
eligibility period.
(2) At-risk
child care may be granted for less than 12 months as determined by the
department.
(3) Eligibility may be
granted for up to three months for seeking employment. The eligibility may be
closed if the client fails to obtain a qualifying activity within three months.
The department has the discretion to extend the job search period.
(4) The client will remain eligible if a
temporary change of activity occurs.
(5) If a client experiences a non-temporary
change in activity, the child care placement agreement may close; however, the
client will remain eligible for the approved 12-month eligibility
period.
C. Income
eligibility determination:
(1) The household:
The household includes biological parents, stepparents, legal guardians of the
child(ren) for whom child care assistance is sought, and any legal dependents
of the aforementioned, living in the household, thereby constituting an
economic unit. Grandparents who are not legal guardians living in the household
are counted as members of the household, but their earned and unearned income
is excluded from the eligibility calculations. Periods of absences: A household
member may be absent from the home and will be considered as living in the home
and be counted in the household composition as long as the absent household
member plans to return to the home. Any parent or legal guardian who remains in
the home must be working, attending school, or participating in a job training
or educational program. Temporary absence may include, but are not limited to,
attending school, working, training, medical or other treatment, or military
service.
(2) Legal guardians who
are not the parents of the child(ren) for whom child care assistance is sought,
are required to qualify for child care assistance as per Paragraph (3) below
and, upon qualification, have the required co-payment waived.
(3) Household income: The household's gross
monthly or annual average countable earned and unearned income, taking into
account any fluctuation(s) of earnings, and will always be calculated in favor
of eligibility. Household income does not include any earned and unearned
income received by grandparents who are not legal guardians, and any legal
dependents of the biological parents, stepparents, or legal guardians of the
child(ren) for whom child care assistance is sought, living in the
household.
(4) Family assets: A
family's assets may not exceed one million dollars.
(5) Countable earned and unearned income: The
following sources of income are counted when computing a family's eligibility
for assistance and for determining the co-payment (if applicable): income from
employment by working for others or from self-employment; alimony payments;
veterans administration (VA) payments except VA payments that are specifically
exempted in Paragraph (6) of Subsection C of 8.15.2.11 NMAC; workman's
compensation; railroad retirement benefits; pensions; royalties; income from
rental property; social security benefits except social security payments that
are specifically exempted in Paragraph (6) of Subsection C of 8.15.2.11 NMAC;
overtime shall be counted at CYFD's discretion if CYFD determines that the
applicant is paid overtime on a regular basis.
(6) Exempt income: The types of income not
counted when computing eligibility or co-payments include but are not limited
to: earnings of household dependents; earnings of household grandparents who
are not the legal guardians of the child(ren) for whom child care assistance is
sought; SNAP; TANF benefits, including diversion payments; supplemental
security income (SSI); social security disability insurance (SSDI); social
security benefits received by household children; any VA payments made on
behalf of the child(ren); VA benefits for educational purposes or for
disability; unemployment benefits; work study income; child support payments;
military food and housing allowances; an increase in military salary or
allowances due to "temporary national emergency status beginning September 11,
2001"; third party payments; energy assistance benefits; foster care payments;
adoption subsidies; loans; child or adult nutrition programs; income tax
refunds; payments for educational purposes including graduate and other
educational stipends; compensation under the Domestic Volunteer Services Act
and the volunteers in service to America (VISTA) program or AmeriCorps; Work
Investment Act (WIA) payments made to dependent children; relocation payments;
department of vocational rehabilitation (DVR) training payments; in-kind gifts;
cash gifts; employer reimbursements; overtime, unless CYFD determines that the
applicant is paid overtime on a regular basis; payments from special funds such
as the agent orange settlement fund or radiation exposure compensation
settlement fund; lump sum payments such as those resulting from insurance
settlements and court judgments; or other resources such as savings, individual
retirement accounts (IRAs), vehicles, certificates of deposits (CDs) or
checking accounts. In the case of an emergency, or under extenuating
circumstances, the department secretary may disregard certain temporary income,
such as federal stimulus payments or hazard pay.
(7) Verification of household countable
earned and unearned income: Clients applying for child care assistance benefits
are required to verify household countable earned and unearned income by
providing current documentation of income for biological parents, stepparents,
and legal guardians of the child(ren) for whom child care assistance is sought,
living in the household, who receive such income. A self-employed individual
who does not show a profit that is equal to federal minimum wage times the
amount of hours needed per week within 24 months from the start date of
receiving child care assistance will be evaluated by the child care assistance
supervisor, at which point services may be reduced or discontinued.
(8)
Calculating income:
(a) Current income provided to determine
eligibility shall be used as an indicator of the income that is and shall be
available to the household during the certification period. Fluctuation(s) of
earnings may be taken into account as specified in Paragraph (3) of Subsection
C of 8.15.2.11 NMAC
(b)
Conversion factors: When income is received on a weekly, biweekly,
or semimonthly basis, the income shall be converted to monthly amount as
follows:
(i) Income received on a weekly basis
is averaged and multiplied by four and three-tenths. Weekly income is defined
as income received once per week.
(ii) Income received on a biweekly basis is
averaged and multiplied by two and fifteen one-hundredths. Biweekly income is
defined as income received once every two weeks. Income is received on the same
day of the week each pay period, therefore receiving 26 payments per
year.
(iii) Income received on a
semimonthly basis is averaged and multiplied by two. Semimonthly income is
defined as income received twice per month every month of the year. Income is
received on specific dates of the month, therefore receiving 24 payments per
year.
(iv) Income received on a
monthly basis is averaged and multiplied by one. Monthly income is defined as
income received once per month.
D. Residency requirement: An applicant of
child care assistance and a child care provider must be a resident of the state
of New Mexico. Proof of residency is required.
E. Citizenship and eligible immigration
status: Any child receiving child care assistance must be a citizen or legal
resident of the United States; or a qualified immigrant as defined by the
United States department of health and human services, administration for
children and families, office of child care.
F. Age requirement: Child care benefits are
paid for children between the ages of six weeks up to the day in which the
child turns 13 years old. Eligibility determinations made prior to a child
turning 13 years old may be granted a 12-month eligibility period or a lesser
period of time as determined by the department for at-risk child
care.
G. Special supervision:
Children between the ages of 13 and 18 who are under the supervision of a court
of law, or who are determined by a medical or treatment professional to require
supervision.
H. Children enrolled
in head start, kindergarten, school or other programs: Child care benefits are
not paid during the hours that children are attending head start, kindergarten,
New Mexico pre-k, school or other programs.
I. Work/education requirement: Child care
benefits are paid only for families who are working, attending school or
participating in a job training or educational program and who demonstrate a
need for care during one or more of these activities. Clients who are receiving
TANF are required to participate in a TANF-approved activity unless they are
exempt by TANF. Clients and caseworkers shall negotiate a reasonable amount of
study and travel time during the application or recertification process. The
department may, in its discretion, exempt a client or applicant from the
work/education requirement upon submission of a demonstration of
incapacity.
