Consistent with the federal act, a person is eligible for public assistance grants under the Public Assistance Act if:

A. pursuant to Section 27-2-3 NMSA 1978, the total amount of the person's nonexempt income is less than the applicable standard of need;

B. nonexempt specific and total resources are less than the level of maximum permissible resources established by the department;

C. the person meets all qualifications for one of the public assistance programs authorized by the Public Assistance Act;

D. within two years immediately prior to the filing of an application for assistance, the person has not made an assignment or transfer of real property unless the person has received a reasonable return for the real property or, if the person has not received a reasonable return, the person is willing to attempt to obtain such return and, if that attempt proves futile, the person is willing to attempt to regain title to the property;

E. the person is not an inmate of any public nonmedical institution at the time of receiving assistance, except that an inmate may be eligible for medical assistance programs administered by the medical assistance division of the department; and

F. the person is a resident of New Mexico.

History: 1953 Comp., § 13-17-4, enacted by Laws 1973, ch. 376, § 4; 1975, ch. 187, § 4; 2015, ch. 127, § 1.

Cross references. — For qualifications for general assistance program, see 27-2-7 NMSA 1978.

For medical assistance programs generally, see 27-2-12 NMSA 1978.

The 2015 amendment, effective June 19, 2015, provided that an inmate may be eligible for medical assistance programs administered by the medical assistance division of the human services department; in Subsection A, after "the total amount of", deleted "his" and added "the person's", and after "standard of need;", deleted "and"; in Subsection B, after "established by the", deleted "board; and", and added "department"; in Subsection C, deleted "he" and added "the person", and after "Act;", deleted "and"; in Subsection D, after "application for assistance", deleted "he" and added "the person", after "property unless", deleted "he" and added "the person", after "real property or, if", deleted "he" and added "the person", after "has not received", deleted "such" and added "a", after "reasonable return", deleted "he" and added "the person", after "such return and, if", deleted "such" and added "that", after "attempt proves futile", deleted "he" and added "the person", and after "title to the property;", deleted "and"; in Subsection E, deleted "he" and added "the person", and after "receiving assistance", added "except that an inmate may be eligible for medical assistance programs administered by the medical assistance division of the department"; and in Subsection F, deleted "he" and added "the person".

Executive public assistance program unconstitutional. — Governor's implementation of public assistance policy through the human services department violated the separation of powers doctrine, because, in changing eligibility requirements, it constituted executive creation of substantive law. State ex rel. Taylor v. Johnson, 1998-NMSC-015, 125 N.M. 343, 961 P.2d 768.

When real estate contract included in determining eligibility. — Where a real estate contract is not readily negotiable, it cannot be included in determining eligibility for public assistance. Frazier v. N.M. Dep't of Human Servs., 1982-NMCA-084, 98 N.M. 98, 645 P.2d 454.

Law reviews. — For note, "Medical Benefits Awarded to an Illegal Alien: Perez v. Health and Social Services," see 9 N.M.L. Rev. 89 (1978-79).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Welfare Laws §§ 15, 33, 35, 40, 50 to 60.

Status of one as poor person for purpose of statute entitling him to relief as affected by extent of his financial resources, 98 A.L.R. 870.

Alcoholic as entitled to public assistance under poor laws, 43 A.L.R.3d 554.

Eligibility for welfare benefits, under maximum-assets limitations, as affected by expenditures or disposal of assets, 19 A.L.R.4th 146.

Eligibility for welfare benefits as affected by claimant's status as trust beneficiary, 21 A.L.R.4th 729.

Validity of statutes or regulations denying welfare benefits to claimants who transfer property for less than its full value, 24 A.L.R.4th 215.

Unearned income affecting eligibility for supplemental security income benefits under 42 USCS § 1382a(a)(2), 61 A.L.R. Fed. 230.

81 C.J.S. Social Security and Public Welfare §§ 37 to 44, 97 to 112.