# 8.139.400.12 NMAC: Section 12. Ineligible Household Members > New Mexico · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P400_S12 ## Section - **Citation:** 8.139.400.12 NMAC - **Heading:** Section 12. Ineligible Household Members - **Jurisdiction:** New Mexico - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** NMAC / Title 8 (SOCIAL SERVICES) / Chapter 139 (FOOD STAMP PROGRAM) / Part 400 (RECIPIENT POLICY - WHO CAN BE A RECIPIENT) / Section 12 ## Text The following individuals shall be included as household members for the purpose of defining a household, but shall not be included as eligible members when determining the household's size, comparing the household's monthly income with the income eligibility standard, or assigning a benefit amount by household size. A. Excluded household members: (1) Ineligible non-citizens: Individuals who do not meet citizenship or eligible non-citizen status requirements, or eligible sponsored non-citizen requirements. The income and resources of such individuals shall be counted in determining the household's eligibility and benefit amount in accordance with the requirements in Subsection C of 8.139.520.10 NMAC. 8.139.400 NMAC 6 (2) Ineligible students: Individuals enrolled in an institution of higher education who are ineligible because they do not meet the student eligibility requirements in Subsection A of 8.139.400.11 NMAC. Ineligible students are considered as non-household members in determining the household's eligibility and benefit amount. Income and resources are considered in accordance with the requirements in Subsection D of 8.139.520.10 NMAC. B. Disqualified household members: (1) SSN disqualified: Individuals who are disqualified for refusal or failure to provide a social security number. (2) Work noncompliance: Individuals who have been disqualified for failure or refusal to comply with work requirements. (3) IPV: Individuals disqualified for an intentional program violation. C h the requirements in Subsection D of 8.139.520.10 NMAC. B. Disqualified household members: (1) SSN disqualified: Individuals who are disqualified for refusal or failure to provide a social security number. (2) Work noncompliance: Individuals who have been disqualified for failure or refusal to comply with work requirements. (3) IPV: Individuals disqualified for an intentional program violation. C. Disqualification for fleeing felons and probation/parole violators: No member of an otherwise eligible household shall be eligible to participate in the FSP as a member of the household during any period in which the individual is: (1) fleeing to avoid prosecution, or custody or confinement after conviction, under the law of the place from which the individual is fleeing, for a crime or attempt to commit a crime, that is a felony, or in New Jersey a high misdemeanor, under the law of the place from which the individual is fleeing; or (2) violating a condition of probation or parole imposed under a federal or state law. (3) Treatment of income and resources: The income and resources of an individual described in Paragraphs (1) and (2) of Subsection C of 8.139.400.12 NMAC shall be attributed in their entirety to the household while the individual is in the home. D. Disqualification for certain convicted felon: The disqualification contained in Subsection D of 8.139.400 NMAC shall not apply to a conviction if the conviction is for conduct occurring on or before February 7, 2014. An individual shall not be eligible for SNAP benefits if the individual is convicted as an adult of: (1) aggravated sexual abuse under section 2241 of title 18, United States Code; (2) murder under section 1111 of title 18, United States Code; (3) an offense under chapter 110 of title 18, United States Code; (4) a federal or state offense involving sexual assault, as defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C fits if the individual is convicted as an adult of: (1) aggravated sexual abuse under section 2241 of title 18, United States Code; (2) murder under section 1111 of title 18, United States Code; (3) an offense under chapter 110 of title 18, United States Code; (4) a federal or state offense involving sexual assault, as defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); or (5) an offense under state law determined by the attorney general to be substantially similar to an offense described in Paragraph (1), (2), or (3) of Subsection D of 8.139.400.12 NMAC; and (6) The individual is not in compliance with the terms of the sentence of the individual or the restrictions under Subsection C of 8.139.400.12 NMAC. ## Nearby sections - [8.139.400.1 NMAC Section 1. Issuing Agency](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P400_S1.md) - [8.139.400.2 NMAC Section 2. Scope](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P400_S2.md) - [8.139.400.3 NMAC Section 3. Statutory Authority](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P400_S3.md) - [8.139.400.5 NMAC Section 5. Effective Date](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P400_S5.md) - [8.139.400.6 NMAC Section 6. Objective](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P400_S6.md) - [8.139.400.8 NMAC Section 8. Basis For Defining Group (Household Composition)](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P400_S8.md) - [8.139.400.9 NMAC Section 9. Mandatory Members](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P400_S9.md) - [8.139.400.10 NMAC Section 10. Nonhousehold Members - Individuals Residing With The Household](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P400_S10.md) - [8.139.400.11 NMAC Section 11. Special Members](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P400_S11.md) - [8.139.400.12 NMAC Section 12. Ineligible Household Members](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P400_S12.md) - [8.139.400.13 NMAC Section 13. Special Households](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P400_S13.md) - [8.139.400.14 NMAC Section 14. Migrant And Seasonal Farmworker Households](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P400_S14.md) - [8.139.400.15 NMAC Section 15. Disaster Victims](https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P400_S15.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SREGS_NM_T8_C139_P400_S12. Check the current official text before relying on it. Not legal advice.