New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086)
Part 500 - INCOME AND RESOURCE STANDARDS
Section 8.206.500.11 - APPLICABLE RESOURCE STANDARDS
Current through Register Vol. 35, No. 18, September 24, 2024
The authorized representative from CYFD who completes the application on behalf of the applicant/recipient must initiate all appropriate steps to make available property or resources to which the applicant/recipient may be entitled. Normally, individuals under 18 do not own/control property. Property that is held or controlled on behalf of an applicant/recipient is considered available unless some specific provision in the title to the property precludes it availability.
A. Property not readily marketable: Even property that is not marketable must be assessed in the eligibility determination and is subject to transfer restrictions and penalties.
B. Property share owned: The current value of property which must be partitioned to be accessible is not considered available if the net value after estimated costs of partition and other closing costs is less than the resource limit. If the amount likely to be derived from the sale of the applicant/recipient's share of the property exceeds the resource limit, they must initiate attempts to obtain their share of the property.
C. Property owned by parent: The value of property owned by the parent who does not live with the applicant/recipient is not considered available to the applicant/ recipient.
