2019 New Mexico Statutes
Chapter 27 - Public Assistance
Article 2 - Public Assistance Act
Section 27-2-7 - General assistance program; qualifications and payments.
A. Subject to the availability of state funds, public assistance shall be provided under a general assistance program to or on behalf of eligible persons who:
(1) are under eighteen years of age and meet all eligibility conditions for the New Mexico Works Act [27-2B-1 NMSA 1978] except the relationship to the person with whom they are living;
(2) are over the age of eighteen and are disabled, according to rules of the department, and are not receiving cash assistance or services pursuant to the New Mexico Works Act;
(3) meet the qualifications under other rules for the general assistance program as the department shall establish; or
(4) are lawful resident immigrants who would otherwise be eligible for cash assistance or services pursuant to the New Mexico Works Act except that they began residing in the United States after August 22, 1996.
B. General assistance program payments may be made directly to the recipient or to the vendor of goods or services provided to the recipient. The department may by rule limit the grants that are made to general assistance recipients.
C. Whenever the department makes an adjustment in the standard of need for the New Mexico Works Act, subject to the availability of state funds, it shall make a commensurate adjustment in the standard of need for the general assistance program.
History: 1953 Comp., § 13-17-10, enacted by Laws 1973, ch. 376, § 10; 1977, ch. 201, § 1; 1998, ch. 8, § 27; 1998, ch. 9, § 27.
ANNOTATIONSCross references. — For liability for repayment of public assistance, see 27-2-28 NMSA 1978.
The 1998 amendment, effective February 18, 1998, substituted "rules" for "regulations" and "department" for "board" throughout the section; in Paragraph A(1), substituted "the New Mexico Works Act" for "aid to families with dependent children"; in Paragraph A(2), substituted "cash assistance or services pursuant to the New Mexico Works Act" for "aid to families with dependent children; in Paragraph A(3), deleted "from time to time" at the end of the paragraph; added Paragraph A(4); in Subsection B, substituted "rule" for "regulation"; in Subsection C, "substituted New Mexico Works Act, subject to the availability of state funds" for "aid to families with dependent children program pursuant to Section 13-17-3 NMSA 1953", and made stylistic changes throughout the section.
Laws 1998, ch. 8, § 27 and Laws 1998, ch. 9, § 27 enacted identical amendments to this section, effective February 18, 1998. The section was set out as amended by Laws 1998, ch. 9, § 27. See 12-1-8 NMSA 1978.
Maximum period of eligibility held unconstitutional. — Regulation of the human services department imposing a maximum period of eligibility for disabled adults receiving benefits under the general assistance program violated Title II of the federal Americans with Disabilities Act, 42 U.S.C. § 12132. Weaver v. N.M. Human Servs. Dep't, 1997-NMSC-039, 123 N.M. 705, 945 P.2d 70.
Refusal to comply with regulations terminates eligibility. — Where an applicant for public assistance refuses to comply with regulations requiring assignment of support rights, she may not maintain her eligibility for aid to families with dependent children benefits. The department's refusal to provide such benefits on that basis is in accordance with applicable law and regulations. Melton v. N.M. Dep't of Human Servs., 1981-NMCA-130, 97 N.M. 102, 637 P.2d 52.
Validity of regulation limiting duration of cash assistance payments. — This section did not prevent state health and social services department (now human services department) from enacting regulation placing a six-month limitation on general assistance benefits paid to temporarily disabled needy persons with no minor children, since the limitation contemplated by the legislature was not confined to the amount of the periodic payments, but also applied to the length of time such payments were made. Health & Social Servs. Dep't v. Garcia, 1976-NMSC-003, 88 N.M. 640, 545 P.2d 1018.
