New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 10 - FISCAL OPERATIONAL PROBLEMS › Section 10:87-10.2 - Exemptions from the work registration requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Exemptions to
				the work registration requirement shall be determined when the household
				applies or reapplies for benefits, when there is a change in the employment
				status of any member of the household, and/or when the 12 month registration
				period is initiated or renewed. The applicant shall cooperate fully with regard
				to the establishment of his or her exemption from the work registration
				requirement. If an applicant fails to cooperate in the determination of his or
				her exempt status, the county welfare agency shall complete a work
				registration.
(b) The following
				persons shall be exempt from the work registration requirement:
1. Program participants or applicants who are
				under 16 years of age or aged 60 years or over shall be exempt. If a child has
				its 16th birthday within a certification period, the child shall fulfill the
				work registration requirement as part of the next scheduled recertification
				process, unless the child qualifies for another exemption. A person age 16 or
				17 who is not the head of household and who is attending school, or enrolled in
				an NJ SNAP ETP on at least a half-time basis, is exempt;
2. The following shall be exempt from work
				registration as essential persons:
i. One
				parent or other household member who has responsibility for the care of a
				dependent child under six years of age, or who cares for an incapacitated
				person, shall be exempt. If the child has its sixth birthday within a
				certification period, the individual responsible for the care of the child
				shall fulfill the work requirement as part of the next scheduled
				redetermination process, unless the individual qualifies for another
				exemption;
3. Persons
				enrolled at least half-time (as defined by the institution or program in which
				they are enrolled) in any school, training program or institution of higher
				education, which is recognized by any Federal, State or local government agency
				shall be exempt.
i. Once a student enrolls in
				an institution of higher education, such enrollment shall be deemed to continue
				through normal periods of class attendance, vacation and recess unless the
				student graduates, is suspended or expelled, drops out, or does not intend to
				register for the next normal school term, excluding summer school.
ii. Persons enrolled in correspondence
				courses, where physical attendance is not regularly required, shall not be
				considered students for the purposes of this subparagraph;
4. Adults who are physically or mentally
				unfit for employment shall be exempt. If a mental or physical disability is
				claimed and the disability is not evident, verification shall be required.
i. The following shall be considered evidence
				of incapacity:
(1) Current eligibility for
				SSI benefits for the blind or disabled, with the exception of "essential
				persons" (as defined by SSA);
(2)
				Current receipt of temporary or permanent disability benefits issued by
				governmental or private sources; and/or
(3) A statement from a physician or licensed
				or certified psychologist, which substantiates the applicant's claim of
				disability (the certification worker may obtain such medical verification in
				writing or by telephone). A statement from a chiropractor shall not considered
				as evidence of incapacity.
ii. The certification worker shall document
				all facts relevant to, and verification methods utilized, in the determination
				of incapacity;
5.
				Persons who are employed or self-employed at least 30 hours per week or
				receiving weekly earnings equal to the Federal minimum wage multiplied by 30
				hours shall be exempt. This shall include migrant and seasonal farm workers who
				are under contract or similar written agreement with an employer or crew chief
				to begin employment within 30 days, although this shall not prevent individuals
				from seeking additional services from NJ SNAP ETP. "Working" is defined as work
				in exchange for money, or work in exchange for goods or services (in-kind
				work).
i. Persons engaged in hobbies or
				volunteer work or any other activity, which cannot, because of the minimal
				amount of monies received from such activity, be considered gainful employment,
				shall not be exempt from work registration, regardless of the amount of time
				spent in such activity;
6. A substance abuser who regularly
				participates, as a resident or nonresident, in a substance abuse treatment and
				rehabilitation program, which has been certified as such by the Department of
				Human Services, Division of Mental Health and Addiction Services, shall be
				exempt.
i. Prior to certification, the regular
				participation of a substance abuser in such a program shall be verified with
				the appropriate organization or center.
ii. An approved center shall be in possession
				of a letter from the Department of Human Services, Division of Mental Health
				and Addiction Services, verifying certification by that agency;
7. Persons subject to and in
				compliance with a WFNJ/TANF work or training activity are exempt from NJ SNAP
				work registration and participation in NJ SNAP ETP.
i. Persons failing to comply with a WFNJ/TANF
				requirement shall be disqualified in accordance with the provisions at
				10:87-10.16. The CWA shall provide
				a notice of adverse action within 10 days after learning of the noncompliance
				with the WFNJ/TANF requirement.
ii.
				If an individual who is disqualified for failure to comply with a WFNJ/TANF
				work requirement complies with the requirement in the middle of the
				disqualification, he or she may reapply for NJ SNAP benefits and, if otherwise
				eligible, resume participation.
iii. Households with a member who fails to
				comply with a WFNJ/TANF work or training requirement are subject to the
				provisions of the Riverside Rule (10:87-5.7(c)
				 );
8. Persons in receipt of unemployment
				compensation and persons who have applied for, but have not yet begun receiving
				unemployment compensation shall be exempt.
i.
				Persons failing to comply with an unemployment compensation requirement shall
				be disqualified in accordance with the provisions at
				10:87-10.16. The CWA shall provide
				a notice of adverse action within 10 days after learning of the noncompliance
				with the unemployment compensation requirement.
ii. If an individual who is disqualified for
				failure to comply with an unemployment compensation requirement complies with
				the requirement in the middle of the disqualification, he or she may reapply
				for NJ SNAP benefits and, if otherwise eligible, resume
				participation;
9.
				Household members who are entitled to joint processing shall be exempt from
				work registration until they are determined eligible for SSI and therefore
				exempt from work registration in accordance with (b)4 above. If ineligible for
				SSI and where applicable, a determination of such an individual's work
				registration status will then be made through recertification procedures;
				and
10. Pregnant women in their
				third trimester.