Section 51-1-37.2 - Food stamp overissuances. - New Mexico Statutes

51-1-37.2. Food stamp overissuances.

A.     The division shall notify the human services 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 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.   

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 pursuant to Section 13(c)(3)(A) of the federal Food Stamp Act of 1977; 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.   

C.     Any amount deducted and withheld pursuant to this section shall be paid by the division to the human services 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 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 [51-1-1 NMSA 1978] 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 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.