New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 249 - MEDICAL ASSISTANCE PROGRAM ELIGIBILITY - REFUGEE MEDICAL ASSISTANCE (RMA) PROGRAM
Part 500 - INCOME AND RESOURCE STANDARDS
Section 8.249.500.17 - UNEARNED INCOME
Universal Citation: 8 NM Admin Code 8.249.500.17
Current through Register Vol. 35, No. 18, September 24, 2024
Unearned income includes benefits, pensions, etc.
A. The following types of unearned income are counted:
(1) old age, survivors, and
disability insurance (OASDI);
(2)
railroad retirement benefits (RRB);
(3) veterans administration (VA) benefits:
(a) income available to veterans and their
dependents from the VA as compensation for service-connected
disability;
(b) pension for
non-service connected disability;
(c) dependency and indemnity compensation;
and
(d) death benefits paid from a
government issue (GI) life insurance;
(4) unemployment compensation benefits
(UCB);
(5) military
allotments;
(6) worker's
compensation;
(7) pension, annuity,
and retirement benefits;
(8) union
benefits;
(9) lodge or fraternal
benefits;
(10) real property income
that is not earned income;
(11)
shared shelter and utility payments when the budget group shares shelter with
others:
(a) payments which exceed the budget
group's cost are considered income;
(b) payments which are less than the budget
group's cost are not considered; these are the others' share of the shelter
cost and are treated as pass-through payments;
(12) income from the sale of goods or
property which are obtained in finished condition;
(13) child support payments received directly
by the budget group and retained for its use;
(14) settlement payments which are received
from worker's compensation settlements, insurance claims, damage claims,
litigation, trust distributions which are made on a recurring basis;
(15) individual Indian monies (IIM) payments
received and distributed by the bureau of Indian affairs (BIA) as a trustee for
an individual member of a tribe; and
(16) bureau of Indian affairs (BIA) or tribal
general assistance (GA) payments.
B. The following types of unearned income are not considered in determining eligibility:
(1)
cash assistance from HSD or a tribal entity;
(2) supplemental nutritional assistance
program (SNAP);
(3) low income home
energy assistance program (LIHEAP);
(4) foster care or adoption
subsidy;
(5) supplemental security
income (SSI);
(6) Child Nutrition
and National School Lunch Act;
(7)
nutrition programs for the elderly, including meals on wheels and lunches at
senior citizen's centers;
(8) bona
fide loans from private individuals and commercial institutions as well as
loans for the purpose of educational assistance;
(9) work study funds paid by an educational
institution, when the purpose is to assist with educational expenses,
regardless of the actual use of the funds;
(10) domestic volunteers compensation or any
other payments made to or on behalf of volunteers under the Domestic Volunteers
Services Act of 1973 including:
(a) volunteers
in service to America (VISTA);
(b)
university year for action (UYA);
(c) special volunteer programs
(SVP);
(d) retired senior volunteer
program (RSVP);
(e) foster
grandparents program (FGP);
(f)
older American community service program (OACSP);
(g) service corps of retired executives
(SCORE); and
(h) active corps of
executives (ACE);
(11)
state and federal income tax returns;
(12) American Indian payments including:
(a) per capita payments distribution of
tribal funds to an Indian tribe member by the tribe or by the secretary of the
United States department of the interior;
(b) interest derived from retained per capita
payments (if kept separately identifiable); and
(c) tribal land claims payments settled by
means of case payments;
(13) Job Training Partnership Act of 1982
(JTPA) payments made to dependent children;
(14) Title II Uniform Relocation Assistance
and Real Property Acquisition Act of 1970 payments;
(15) supportive service payments made for
reimbursement of transportation, child care, or training related expenses under
NMW work programs, tribal work programs, and other employment assistance
programs;
(16) division of
vocational rehabilitation (DVR) training payments made by the for training
expenses;
(17) gifts, donations or
contribution from other agencies which are intended to meet needs not covered
as a benefit; to be exempt, the payment must:
(a) be paid under the auspices of an
organization or non-profit entity; and
(b) be for a specific identified purpose, to
supplement not duplicate covered benefits for the intended beneficiary of the
donation/contribution;
(18) educational loans and grants intended
for educational expenses; regardless of actual utilization of the
funds;
(19) agent orange settlement
fund payments or any fund established pursuant to the agent orange product
liability litigation settlement;
(20) radiation exposure compensation
settlement fund payments;
(21) Nazi
victim payments made to individuals per
P.L.
103-286, August 1, 1994; and
(22) vendor payments made on behalf of a
budget group member when an individual or organization outside the budget group
uses its own funds to make a direct payment to a budget group's service
provider.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.