N.M. Admin. Code § 8.106.630.11

Current through Register Vol. 35, No. 20, October 22, 2024

Section 8.106.630.11 - MASS CHANGE NOTICE

A. Change in payment amount: A benefit group's cash assistance payment may be increased or decreased after initial certification.

(1) Increase in payment amount: The department shall issue adequate notice to GA recipients regarding an increase in payment amount.

(2) Decrease in payment amount: The department shall issue written notice to GA recipients no later than 60 days prior to the change effective date. The notice shall include the citation to the state statute and regulation and fair hearing rights.

B. Application moratorium: Public notice shall be issued 60 days prior to the imposition of a moratorium on applications. Applications received during the moratorium shall be processed in accordance with 8.106.110.16 NMAC.

C. Suspension of program: The GA payment for all benefit groups may be denied for a designated time period based on unavailable state funds. During program suspension disposition of applications shall be made pursuant to 8.106.110.16 NMAC.

(1) Payment of assistance: There shall be no payment to the GA recipient during the designated suspension period and any right to the payment is lost. Retroactive payments for pending applicants shall be authorized for months prior to a designated suspension period.

(2) Notice to recipient and applicant: No later than 60 days prior to the effective change the department shall provide GA recipients appropriate notice regarding suspension or restoration of the grant based on the availability of state funds. The notice shall include the citation to the state statute and regulation and fair hearing rights.

D. Public notice: The department shall issue a public notice 60 days prior to the changes made based on the availability of state funds in Subsections A - C above. Public notice shall include effective date of change and right to fair hearing consistent with mass change requirements at 8.100.180.15 NMAC.

N.M. Admin. Code § 8.106.630.11

8.106.630.11 NMAC - N, 7/1/2004; 8.106.630.11 NMAC - N, 12/1/2009