A. Except as set forth in Subsections B and C of this section, an eligible individual shall have earned income and shall be:

(1)     eighteen years of age or older;

(2)     a citizen, legal resident, refugee, asylee or person otherwise legally present in the United States at the time the person opens the person’s individual development account;

(3)     a resident of New Mexico; and

(4)     an indigent.

B. A child in foster care is an eligible individual if the child is: (1)     fifteen years of age or older;

(2)     an indigent;

(3)     a citizen, a legal resident, a refugee or an asylee or is otherwise legally present in the United States at the time the person opens the person’s individual development account; and

(4)     a resident of New Mexico.

C. A child is an eligible individual if the child is:

(1)     at least fifteen years of age and not more than eighteen years of age; (2)     a member of a family whose members are all indigents;

(3)     a citizen, a legal resident, a refugee or an asylee or is otherwise legally present in the United States at the time the person opens the person’s individual development account; and

(4)     a resident of New Mexico.