New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 11 - INTENTIONAL PROGRAM VIOLATION › Section 10:90-11.12 - Imposing disqualification periods

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				individual is not eligible at the time the disqualification period is to begin,
				the period shall be postponed and becomes applicable upon reapplication by the
				individual for WFNJ benefits if the individual is determined eligible for such
				benefits, or becomes applicable upon the expiration of a previously imposed
				program sanction at such time that the individual would normally resume receipt
				of benefits. However, once a disqualification period is imposed, the period of
				disqualification shall continue uninterrupted regardless of the eligibility of
				the individual.
(b) For an
				individual who signs a waiver of the right to an administrative
				disqualification hearing, the disqualification period shall begin no later than
				the first day of the second month which follows the date the individual
				received written notification of the disqualification.
(c) For an individual who signs a
				disqualification consent agreement, the disqualification period shall begin no
				later than the first day of the second month which follows the date of the
				notice, unless otherwise directed by the court.
(d) For an individual found guilty of IPV by
				an administrative disqualification hearing, the disqualification period shall
				begin with the first day of the second month which follows the date the
				individual received written notification of the hearing decision.
(e) For an individual found guilty of IPV by
				a court of appropriate jurisdiction, the disqualification period shall begin
				within 45 calendar days of the date the disqualification was ordered or, if no
				disqualification period is specified by the court, within 45 calendar days of
				the date the court found the individual guilty of civil or criminal
				misrepresentation or fraud.
(f)
				Whenever an individual is disqualified for IPV, the county or municipal agency
				shall provide written notice to the individual prior to the disqualification.
				The notice shall inform the individual of the decision and the reason for the
				decision. In addition, the notice shall inform the individual of the period of
				disqualification and of the amount of assistance the remaining eligible
				assistance unit members will receive during the period of disqualification. In
				the event that the individual's disqualification resulted from a prior receipt
				of assistance, the notice shall advise that the disqualification will be
				postponed until after a reapplication for WFNJ assistance is
				approved.
(g) When an individual
				with a previous IPV disqualification moves from one county, municipality or
				state to another, the receiving county or municipal agency shall take the
				previous disqualification into consideration when determining the appropriate
				penalty to be applied against that individual, if such action is
				required.
(h) When an individual
				currently serving an IPV disqualification moves from one county, municipality
				or state to another, the disqualification shall continue regardless of the
				individual's WFNJ eligibility status in the receiving county or state.