New Mexico Statutes
Article 30 - Individual Development Account
Section 58-30-12 - Account funds disregarded for purposes of certain means-tested programs.

A. Money deposited into an individual development account, interest earned on that account and interest and matching funds deposited in a reserve account for the benefit of the account owners shall be disregarded for the purposes of determining eligibility for benefits and for determining benefit amounts pursuant to the New Mexico Works Act.
B. When determining eligibility for benefits and determining benefit amounts due under the supplemental nutrition assistance program, children's health insurance program, child care and development block grant and medicaid, the human services department shall, pursuant to the authority granted by 7 USCA 2014 (d) and (g), disregard money deposited into an individual development account, interest earned on that account and interest and matching funds deposited in a reserve account for the benefit of the account owners.
C. Money withdrawn from an individual development account for a purpose other than an allowable use shall be counted as a resource for purposes of the New Mexico Works Act or medicaid unless the withdrawal is approved by the program administrator and an amount equal to the amount withdrawn is replaced within the twelve-month allowable time period pursuant to Subsection D of Section 58-30-8 NMSA 1978.
History: Laws 2003, ch. 362, § 12; 2006, ch. 96, § 12; 2007, ch. 349, § 12; 2019, ch. 225, § 13.
The 2019 amendment, effective January 1, 2020, listed the means-tested program for which account funds are disregarded for purposes of eligibility; in Subsection B, after "amounts due under the", deleted "food stamp program" and added "supplemental nutrition assistance program, children's health insurance program, child care and development block grant".
The 2007 amendment, effective July 1, 2007, changes "family opportunity account" to "individual development account".
The 2006 amendment, effective July 1, 2006, changes "individual development account program" to "family opportunity accounts program" in Subsections A through C; and in Subsection C, provides for the withdrawal of money if approved by the program administrator and the replacement of an amount equal to the withdrawal pursuant to Subsection C of Section 58-30-8 NMSA 1978.

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