Chapter 27, Article 2B NMSA 1978 may be cited as the “New Mexico Works Act”. History: Laws 1998, ch. 8, § 1; 1998, ch. 9, § 1; 2009, ch. 186, § 1. ANNOTATIONS Cross references. — For liability for repayment of public assistance, see 27-2-28 NMSA 1978. The 2009 amendment, effective June 19, 2009, changed […]
A participant may establish an individual development account pursuant to the Individual Development Account Act [58-30-1 NMSA 1978]. History: Laws 1998, ch. 8, § 10 and Laws 1998, ch. 9, § 10; 2003, ch. 362, § 14; 2006, ch. 96, § 16; 2007, ch. 349, § 16. ANNOTATIONS The 2007 amendment, effective July 1, 2007, […]
A. The following are ineligible to be members of a benefit group: (1) an inmate or patient of a nonmedical institution; (2) a person who, in the two years preceding application, assigned or transferred real property unless the person: (a) received or receives a reasonable return; (b) attempted to or attempts to receive a reasonable […]
Subject to the availability of federal and state funds, a benefit group that is not receiving cash assistance but has an income less than one hundred percent of the federal poverty guidelines may be eligible to receive services. History: Laws 1998, ch. 8, § 12 and Laws 1998, ch. 9, § 12; 1999, ch. 273, […]
A. A participant may request a hearing if: (1) an application is not acted on within a reasonable time after the filing of the application; (2) an application is denied in whole or in part; or (3) the cash assistance or services are modified, terminated or not provided. B. The department shall notify the participant […]
A. The department shall sanction a member of a benefit group for noncompliance with work requirements or child support requirements. B. The sanction shall be applied at the following levels: (1) twenty-five percent reduction of cash assistance for the first occurrence of noncompliance; (2) fifty percent reduction of cash assistance for the second occurrence of […]
A. The following are eligible for medicaid: (1) a participant who is in transition to self-sufficiency due to employment or child support; (2) a pregnant woman who meets the income and resource requirements for New Mexico’s aid to families with dependent children as they existed on July 16, 1996; (3) a member of a benefit […]
An immigrant may be eligible to receive cash assistance and services if the immigrant is: A. from one of the classes of immigrants defined in the federal act who entered the United States prior to August 22, 1996; or B. a qualified immigrant as defined in the federal act who entered the United States after […]
A. Pursuant to the federal act, the department shall establish and enforce rules governing the custody, use and preservation of the records, papers, files and communications to restrict the use or disclosure of information contained in those documents concerning participants. B. It is unlawful for a person, body, association, firm, corporation or other agency outside […]
The governor shall make the certifications mandated by the federal act. History: Laws 1998, ch. 8, § 18 and Laws 1998, ch. 9, § 18. ANNOTATIONS Cross references. — For meaning of “federal act”, see 27-2B-3 NMSA 1978. Duplicate laws. — Laws 1998, ch. 8, § 18 and Laws 1998, ch. 9, § 18 enacted […]
A. The department may administer a wage subsidy program based on availability of federal and state funds. B. The wage subsidy program shall include the following requirements: (1) participating employers shall hire participants who receive cash assistance for subsidized job slots that are full time and that offer a reasonable possibility of unsubsidized employment after […]
A. The legislature finds that: (1) the poverty rate in New Mexico is the highest in the nation and has exceeded more than twenty percent of the population for most of the past twenty-five years; (2) having a job does not provide a guarantee of avoiding poverty as demonstrated by the high percentage of persons […]
ANNOTATIONS Repeals. — Laws 1999, ch. 151 § 1 repealed 27-2B-20 NMSA 1978, as enacted by Laws 1998, ch. 8, § 20 and Laws 1998, ch. 9, § 20, relating to child support trusts, effective June 18, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.
As used in the New Mexico Works Act: A. “applicant” means a person applying for cash assistance on behalf of a benefit group; B. “benefit group” means a pregnant woman or a group of people that includes a dependent child, all of that dependent child’s full, half or adopted siblings or stepsiblings living with the […]
A. Application for cash assistance or services shall be made to the department. The application shall be in writing or reduced to writing in the manner and on the form prescribed by the department. The application shall be made under oath by an applicant having custody of or residing with a dependent child who is […]
A. The following qualify as work activities: (1) unsubsidized employment, including self-employment; (2) subsidized private sector employment, including self-employment; (3) subsidized public sector employment; (4) work experience; (5) on-the-job training; (6) job search and job readiness; (7) community service programs; (8) vocational education; (9) job skills training activities directly related to employment; (10) education directly […]
A. For the purposes of the Workers’ Compensation Act [52-1-1 NMSA 1978]: (1) cash assistance and services paid to participants engaged in any work activity described in Section 27-2B-5 NMSA 1978 shall not be considered wages and shall not be deemed to create an employer-employee or co-employer-employee relationship between the participant and the state; and […]
The department and the state department of public education may establish a work program for participants to engage in a work activity pursuant to Subsection A of Section 27-2B-5 NMSA 1978 at public schools. History: Laws 1999, ch. 27, § 1. ANNOTATIONS Compiler’s note. — Sections 27-2B-5.1 and 27-2B-5.2 NMSA 1978 were enacted as new […]
A. Pursuant to the federal act, on or after July 1, 1997 a participant may receive federally funded cash assistance or state-funded cash assistance and services pursuant to the New Mexico Works Act for up to sixty months. B. During a participant’s semiannual review, the department shall examine the participant’s progress to determine if the […]
A. The secretary shall adopt a financial standard of need based upon the availability of federal and state funds and based upon appropriations by the legislature of the available federal temporary assistance for needy families grant made pursuant to the federal act in the following categories: (1) cash assistance; (2) child care services; (3) other […]
