New Mexico Statutes

N.M. Stat. § 27-2-3 (2026)

Standard of need; income determination.

✓ current as of May 2026

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A. Consistent with the federal act and subject to the availability of federal and state
funds, the board shall adopt a standard of need which shall establish a reasonable level
of subsistence.
   B. Consistent with the federal act, the board shall define by regulation exempt and
nonexempt income and resources. Medical expenses shall not be deducted from either
income or resources in determining eligibility.

History: 1953 Comp., § 13-17-3, enacted by Laws 1973, ch. 376, § 3; 1975, ch. 187, §
3.

                                    ANNOTATIONS

Am. Jur. 2d, A.L.R. and C.J.S. references. — 79 Am. Jur. 2d Welfare Laws §§ 15, 33,
35, 40, 53 to 60.

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

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1982–2021 · leading case: State Ex Rel. Taylor v. Johnson, 961 P.2d 768 (N.M. 1998).

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State Ex Rel. Taylor v. Johnson, 961 P.2d 768 (N.M. 1998). · cites it 2× “” NMSA 1978, § 27-l-3(J) (1937), which authorizes HSD to "administer such other public welfare functions as may be assumed by the state after the effective date of the section;” NMSA 1978, § 27-2-3 (1975), which requires that, "[c]onsistent with the federal act and subject to…”

State Ex Rel. Salazar v. Roybal, 963 P.2d 548 (N.M. Ct. App. 1998). · cites it 2× “See NMSA 1978, § 27-2-3 (1975). One such category of assistance is AFDC.”

Frazier v. New Mexico Dep't of Human Servs., 645 P.2d 454 (N.M. Ct. App. 1982). · cites it 3× “Nonexempt specific and total resources are less than the level of maximum permissible resources established by the board [income support division of the human services department] * * * Section 27-2-3, subd. B, N.M.S.A.1978, provides in pertinent part: B.”

CNSP, Inc. v. City of Santa Fe (D.N.M. 2021). · cites it 2× “3 (to which exemptions listed in Section 27-2-3(H) apply). In any event, the Court finds that Plaintiff’s inartful question should not deprive it of possibly relevant information.”

— N.M. Stat. § 27-2-3(H) — 1 case

CNSP, Inc. v. City of Santa Fe (D.N.M. 2021). “3 (to which exemptions listed in Section 27-2-3(H) apply). In any event, the Court finds that Plaintiff’s inartful question should not deprive it of possibly relevant information.”

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