New Mexico § 51-1-37.2 - Food stamp overissuances

§ 51-1-37.2. Food stamp overissuances

A. The division shall notify the human services department [health care authority

department] of the name and social security number of any individual who files a new

claim for unemployment compensation and who is determined to be eligible for benefits. This information provided by the division shall be used by the human services department

[health care authority department] to determine whether any eligible individual owes

an uncollected overissuance of food stamp coupons, as defined in Section 13(c)(1)

of the federal Food Stamp Act of 1977. 1 B. The division shall deduct and withhold from any unemployment compensation benefits

payable to an individual who owes an uncollected overissuance: (1) the amount specified by the individual to the division to be deducted and withheld

under this subsection; (2) the amount, if any, determined pursuant to an agreement submitted to the human

services department [health care authority department] pursuant to Section 13(c)(3)(A)

of the federal Food Stamp Act of 1977; 2 or (3) any amount otherwise required to be deducted and withheld from unemployment compensation

pursuant to Section 13(c)(3)(B) of the federal Food Stamp Act of 1977. 3 C. Any amount deducted and withheld pursuant to this section shall be paid by the

division to the human services department [health care authority department]. D. Any amount deducted and withheld pursuant to Subsection B of this section shall

for all purposes be treated as if it were paid to the individual as unemployment compensation

and paid by such individual to the human services department [health care authority

department] as repayment of the individual's uncollected overissuance. E. As used in this section, “ unemployment compensation benefits ” means any benefits payable pursuant to the Unemployment Compensation Law and amounts

payable pursuant to an agreement pursuant to any federal law providing for compensation,

assistance or allowances with respect to unemployment. F. This section applies only if arrangements have been made for reimbursement by the

human services department [health care authority department] for the administrative

costs incurred by the division pursuant to this section that are attributable to the

repayment of uncollected overissuances to the human services department [health care

authority department]. 1

7 U.S.C.A. § 2022(c)(1). 2

7 U.S.C.A. § 2022(c)(3)(A). 3

7 U.S.C.A. § 2022(c)(3)(B).