reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 6 - CERTIFICATION PROCEDURES › Section 10:87-6.15 - Anticipating medical expenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A household
				eligible for the excess medical deduction shall be allowed, at the time of
				certification, to report and verify medical expenses which its qualified
				members expect to incur during the certification period.
(b) If a household reports an anticipated
				medical expense at the time of certification, but is unable to provide any
				verification to substantiate that anticipated expense, the household shall be
				told that the expense will be allowed when the verification is provided during
				the certification period.
1. The NJ SNAP-33,
				Notice of Required Verification, shall be used to advise the household of the
				information which is needed (see
				10:87-2.22(d)3 
				).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 6 - CERTIFICATION PROCEDURES › Section 10:87-6.16 - Calculating net and gross income and benefit levels

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedures
				below shall be used to calculate net and gross income and benefit
				levels.
(b) To determine a
				household's net monthly income, the CWA shall follow steps (b)1 through 9
				below. To determine a household's total gross income, the CWA shall add, after
				rounding (according to procedures at (c)1 below), each individual's monthly
				earned and unearned income(s). This total, minus income exclusions (see
				10:87-5.9 ), provides the sum
				total gross monthly income figure which shall be used to determine the
				household's eligibility in accordance with (d)1 or 2 below.
1. Step 1: Add the gross monthly income
				earned by all household members minus earned income exclusions (see
				10:87-5.9 ) to determine the
				household's total gross earned income. Net losses from the self-employment
				income of a farmer shall be offset in accordance with
				10:87-7.3(a).
2. Step 2: Multiply the total gross monthly
				earned income by 80 percent to determine the net monthly earned
				income.
3. Step 3: Add to net
				monthly earned income, the total monthly unearned income of all household
				members, minus income exclusions (see
				10:87-5.9 ).
4. Step 4: Subtract the standard deduction
				(see 10:87-12.1(a) 
				).
5. Step 5: If the household is
				entitled to an excess medical deduction as provided at
				10:87-5.10(a)3,
				determine if total medical expenses exceed $ 35.00. If so, subtract the amount
				that exceeds $ 35.00.
6. Step 6:
				Subtract monthly dependent care expenses, if any, up to the maximum amount
				allowed for each dependent for whom the household renders payment.
7. Step 7: If the household is entitled to a
				child support deduction as provided at
				10:87-5.10(a)5,
				subtract the amount.
8. Step 8:
				Total the allowable shelter expenses to determine shelter costs. Subtract 50
				percent of the household's monthly net income (after all the above deductions
				have been subtracted) from the total shelter costs. The remaining amount, if
				any, is the excess shelter cost. If there is no excess shelter cost, the net
				monthly income has been determined. If there is excess shelter cost, compute
				the shelter deduction in Step 9.
9.
				Step 9: Subtract the excess shelter cost up to the maximum (unless the
				household is entitled to the full amount of its excess shelter expenses) from
				the household's monthly net income after all other applicable deductions. The
				maximum amount allowed for shelter (for those households subject to a shelter
				maximum) is the maximum in
				10:87-12.1(b).
				Households not subject to a capped shelter expense shall have the full amount
				exceeding 50 percent of their net income subtracted. The household's net
				monthly income now has been determined.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 6 - CERTIFICATION PROCEDURES › Section 10:87-6.17 - Destitute households

Current through Register Vol. 56, No. 14, July 15, 2024
Migrant or seasonal farmworker households may have little or
				  no income at the time of application and may be in need of immediate food
				  assistance, even though they receive income at some other time during the month
				  of application. The following procedures shall be used to determine when
				  migrant or seasonal farmworker households in these circumstances may be
				  considered destitute and, therefore, entitled to expedited service and special
				  income calculation procedures. Destitute households shall have their
				  eligibility determined by computing either their gross or net income, as
				  appropriate, and comparing either the gross or net income to the corresponding
				  income eligibility standard. Households other than migrant or seasonal
				  farmworker households shall not be considered destitute.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 6 - CERTIFICATION PROCEDURES › Section 10:87-6.18 - Destitute households with income from a terminated source

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Migrant or
				seasonal farmworker households whose only income for the month of application
				was received prior to the date of application, and was from a terminated
				source, shall be considered destitute households and shall be provided
				expedited service.
(b) If income is
				normally received on a monthly or more frequent basis, it shall be considered
				as coming from a terminated source if it will not be received again from the
				same source during the balance of the month of application or during the
				following month.
(c) If income is
				normally received less often than monthly such income shall be considered as
				coming from a terminated source if it will not be received in the month in
				which the next payment would normally be received.
1. Example: If income is received on a
				quarterly basis (e.g., on January 1, April 1, July 1, and October 1), and the
				household applies in mid-January, the income should not be considered as coming
				from a terminated source merely because no further payments will be received in
				the balance of January or in February. The test for whether or not this
				household's income is terminated is whether the income is anticipated to be
				received in April.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 6 - CERTIFICATION PROCEDURES › Section 10:87-6.19 - Destitute households with income from a new source

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Migrant or
				seasonal farmworker households whose only income for the month of application
				is from a new source shall be considered destitute and shall be provided
				expedited service only if income of more than $ 25.00 from a new source will
				not be received by the 10th calendar day after the date of
				application.
(b) Income which is
				normally received on a monthly or more frequent basis shall be considered to be
				from a new source only if more than $ 25.00 has not been received from that new
				source within 30 days prior to the date the application was filed.
(c) If income is normally received less often
				than monthly, it shall be considered to be from a new source only if more than
				$ 25.00 was not received within the last normal interval between payments.
1. Example: If a household applies in early
				January and is expecting to be paid every three months starting in late
				January, the income shall be considered to be from a new source only if no more
				than $ 25.00 was received from the source during October or since that
				time.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 6 - CERTIFICATION PROCEDURES › Section 10:87-6.20 - Certification periods

Current through Register Vol. 56, No. 14, July 15, 2024
The CWA shall certify each eligible household for a definite
				  period of time. CWAs shall assign the longest certification period possible
				  based on the predictability of the household's circumstances. The first month
				  of the certification period will be the first month for which the household is
				  eligible to participate. The certification period cannot exceed 12 months,
				  except for households in which all adult members are elderly or disabled, which
				  are to be certified for up to 24 months with at least one CWA contact at least
				  every 12 months. At the expiration of each certification period, entitlement to
				  NJ SNAP benefits ends. Further eligibility shall be established only upon a
				  recertification based upon a newly completed application, an interview, and
				  such verification as required by
				  10:87-2.19 and 2.20.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 6 - CERTIFICATION PROCEDURES › Section 10:87-6.21 - Certification period length

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for
				households assigned to simplified reporting (see
				10:87-9.5(b)  ),
				the CWA shall assign each household the longest certification period possible,
				consistent with its circumstances.
1.
				Households should be assigned certification periods of at least 12 months,
				unless a household's circumstances are unstable or the household contains an
				ABAWD.
2. Households with unstable
				circumstances, such as households with zero net income, and households with an
				ABAWD member, should be assigned certification periods consistent with their
				circumstances, but generally no less than three months.
3. Households may be assigned one- or
				two-month certification periods when it appears likely the household will
				become ineligible for NJ SNAP benefits in the near future.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 6 - CERTIFICATION PROCEDURES › Section 10:87-6.22 - Calendar months

Current through Register Vol. 56, No. 14, July 15, 2024
Certification periods shall conform to calendar months. At
				  initial application, the first month in the certification period shall
				  generally be the month of application, even if the household's eligibility is
				  not determined until a subsequent month. For example, if a household files an
				  application in January and the application is not processed until February, a
				  12-month certification period would include January through December. Upon
				  recertification, the certification period will begin with the month following
				  the last month of the previous certification period.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 6 - CERTIFICATION PROCEDURES › Section 10:87-6.23 - PA households

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Households in
				which all members are included in a single WFNJ assistance unit (or combination
				of assistance units) shall have their NJ SNAP certification periods expire in
				conjunction with the scheduled redetermination of WFNJ assistance. Specific NJ
				SNAP certification periods must be assigned to these households in accordance
				with the provisions of this paragraph. The certification periods may be
				extended in order to align the NJ SNAP recertification date with the WFNJ
				redetermination date, but the certification periods shall only be extended when
				households are initially approved for WFNJ assistance. If the CWA extends a
				household's certification period, it shall advise the household of the new
				certification ending date with a notice of the change.
(b) Households in which all members receive
				assistance under Title XIX of the Social Security Act or other medical
				assistance program may have their NJ SNAP recertification at the same time they
				are redetermined for assistance under Title XIX or other medical assistance
				program. The county agency must follow the same requirements that apply in (a)
				above.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 6 - CERTIFICATION PROCEDURES › Section 10:87-6.24 - Shortening certification periods

Current through Register Vol. 56, No. 14, July 15, 2024
The CWA shall not end a household's certification period
				  earlier than its assigned termination date, unless the CWA receives information
				  that the household has become ineligible, or the household has not complied
				  with the requirements of providing clarification in response to a Request For
				  Contact. Loss of public assistance or a change in employment status is not
				  sufficient in and of itself to meet the criteria necessary for shortening the
				  certification period. The CWA shall close the household's case or adjust the
				  household's benefit amount in accordance with the Request for Contact (RFC)
				  process in response to reported changes. The CWA may not use the Notice of
				  Expiration to shorten a certification period.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 6 - CERTIFICATION PROCEDURES › Section 10:87-6.25 - Lengthening certification periods

Current through Register Vol. 56, No. 14, July 15, 2024
The CWA may lengthen a household's current certification
				  period once it is established, as long as the total months of the certification
				  period do not exceed 24 months for households in which all adult members are
				  elderly or disabled, or 12 months for other households. If the CWA extends a
				  certification period, it shall advise the household of the new certification
				  ending date with a notice containing the same information as the notice of
				  eligibility.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 7 - SPECIAL INCOME CIRCUMSTANCES › Section 10:87-7.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The procedures in this subchapter are to be used in
				  conjunction with the certification procedures in N.J.A.C. 10:87-6 to determine
				  eligibility and benefit levels for households with special income
				  circumstances.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 7 - SPECIAL INCOME CIRCUMSTANCES › Section 10:87-7.2 - Self-employment income

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CWA shall
				calculate a household's self-employment income as follows:
1. Self-employment income shall be averaged
				over the period the income is intended to cover, even if the household receives
				income from other sources. If the averaged amount does not accurately reflect
				the household's actual circumstances because the household has experienced a
				substantial increase or decrease in business, the CWA shall calculate the
				self-employment income on the basis of anticipated, not prior, earnings (such
				as a tax return).
i. If a household's
				self-employment enterprise has been in existence for less than a year, the
				income from that self-employment enterprise shall be averaged over the period
				of time the business has been in operation and the monthly amount projected for
				the coming year.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 7 - SPECIAL INCOME CIRCUMSTANCES › Section 10:87-7.3 - Determining monthly income from self-employment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the period
				of time over which self-employment income is determined, the CWA shall add all
				gross self-employment income (either actual or anticipated) and capital gains
				as specified in this subchapter, exclude the costs of producing the
				self-employment income, and divide the remaining amount of self-employment
				income by the number of months over which the income will be averaged. This
				amount is the monthly net self-employment income. The monthly net
				self-employment income shall be added to any other earned income received by
				the household to determine total monthly earned income. The total monthly
				earned income, less a 20 percent earned income deduction, shall then be added
				to all monthly unearned income received by the household.
1. If the cost of producing self-employment
				income exceeds the income derived from self-employment, as a farmer who
				receives or anticipates receiving annual gross proceeds of $ 1,000 or more from
				the farming enterprise, such losses shall be prorated and then offset against
				countable income to the household as follows:
i. Offset farm self-employment losses first
				against other self-employment income;
ii. Offset any remaining farm self-employment
				losses against the total amount of earned and unearned income after the earned
				income deduction has been applied.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 7 - SPECIAL INCOME CIRCUMSTANCES › Section 10:87-7.4 - Capital gains

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The proceeds
				from the sale of capital goods or equipment shall be calculated in the same
				manner as a capital gain for Federal income tax purposes. (Even if only 50
				percent of the proceeds from the sale of capital goods or equipment is taxed
				for Federal income tax purposes, the CWA shall count the full amount of the
				capital gain as income for NJ SNAP purposes.)
(b) For households whose self-employment
				income is calculated on an anticipated (rather than averaged) basis, the agency
				shall count the amount of capital gains the household anticipates receiving
				during the months over which the income is being averaged.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 7 - SPECIAL INCOME CIRCUMSTANCES › Section 10:87-7.5 - Allowable costs of producing self-employment income

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Allowable costs
				of producing self-employment income include, but are not limited to, the
				identifiable costs of labor, stock, raw material, seed, fertilizer, payments on
				the principal of the purchase price of income-producing real estate and capital
				assets, equipment, machinery, and other durable goods, interest paid on the
				purchase of income-producing property, insurance premiums and taxes paid on
				income-producing property.
(b) The
				following items shall not be allowable as a cost of doing business.
1. Net losses from previous
				periods;
2. Federal, State and
				local income taxes;
3. Money set
				aside for retirement purposes and other work related personal expenses (such as
				transportation to and from work);
4. Depreciation of equipment, machinery or
				other capital investments; and
5.
				Any amount that exceeds the payment a household receives from a boarder for
				lodging and meals.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 7 - SPECIAL INCOME CIRCUMSTANCES › Section 10:87-7.6 - Assigning certification periods

Current through Register Vol. 56, No. 14, July 15, 2024
Households that receive their annual support from
				  self-employment and have no other source of income shall be certified in
				  accordance with
				  10:87-6.26(f).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 7 - SPECIAL INCOME CIRCUMSTANCES › Section 10:87-7.7 - Treatment of income and resources of non-household members

Current through Register Vol. 56, No. 14, July 15, 2024
(a) During the
				period of time that a household member cannot participate because he or she is
				an ineligible alien, disqualified due to intentional program violation, refused
				to obtain and provide a social security number, refused to comply with a work
				registration requirement, or is ineligible for failing to sign the declaration
				attesting to his or her citizenship or alien status, the eligibility and
				benefit level of the remaining household member(s) shall be determined in
				accordance with this section.
(b)
				The eligibility and benefit level of any remaining household members of a
				household containing individuals determined ineligible because of
				disqualification for intentional program violation, voluntary quit or reduction
				of work, duplicate participation in the Program, trafficking, being a fleeing
				felon or parole violator, or refusal to comply with a work registration
				requirement shall be determined as follows:
1. The resources of the ineligible household
				member(s) shall continue to be counted in their entirety to the remaining
				household members.
2. The income of
				the ineligible household member(s) shall continue to be counted in its entirety
				and the entire household's allowable 20 percent earned income, standard,
				medical, dependent care, child support payments, and excess shelter deductions
				shall continue to apply to the remaining household members.
3. The ineligible member(s) shall not be
				included when determining the household's size for the purpose of:
i. Comparing the household's resources with
				the resource eligibility limits;
ii. Comparing the household's monthly income
				with the income eligibility standards; or
iii. Assigning a benefit level to the
				household. The CWA shall ensure that no household's benefit allotment is
				increased solely as a result of the exclusion of one or more household
				members.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 7 - SPECIAL INCOME CIRCUMSTANCES › Section 10:87-7.8 - Residents of substance abuse treatment and rehabilitation programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Substance
				abusers, who regularly participate in publicly operated or private nonprofit
				substance abuse treatment and rehabilitation programs on a resident basis, may
				voluntarily apply for the NJ SNAP program.
1.
				Applications shall be made through an authorized representative who is employed
				by the substance abuse center (SAC) and designated by the center for that
				purpose (see also
				10:87-2.7(e)  ).
				The CWA may require the household to designate the SAC as its authorized
				representative for the purpose of accessing the allotment on behalf of the
				household.
2. SAC residents shall
				have their eligibility determined as a one-person household unless their
				children are living with them, in which case their children shall be included
				in the household with the parent.
3. As an FNS authorized retailer, SACs shall
				redeem NJ SNAP benefits by using individual household Families First cards to
				access a point of sale (POS) device at the center.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 7 - SPECIAL INCOME CIRCUMSTANCES › Section 10:87-7.9 - Residents of group living arrangements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Disabled and
				blind residents of a group living arrangement (GLA) who receive benefits under
				Title II or Title XVI of the Social Security Act may apply either through use
				of an authorized representative employed and designated by the GLA or on their
				own behalf or through an authorized representative of their own
				choice.
(b) The GLA shall determine
				if a resident may apply on their own behalf based on the resident's physical
				and mental abilities to handle their own affairs. Some residents of the GLA may
				apply on their own behalf while other residents of the same GLA may apply
				through the GLA's representative. The GLA is responsible for complying with the
				requirements set forth in this subchapter and at
				10:87-2.7(e)  and
				10:88-3.5.
1. If the resident applies through the use of
				the GLA as authorized representative, his or her eligibility shall be
				determined as a one person household.
2. If the residents apply on their own
				behalf, the household size shall be in accordance with provisions set forth at
				10:87-2.7(e).
i. If the resident has made application on
				his or her own behalf, the household is responsible for reporting changes to
				the CWA in accordance with provisions set forth at
				10:87-9.5. The resident applying
				on his or her own behalf shall be responsible for any overissuances that may
				occur.
3. Whether the
				resident applies on his or her own behalf or through the GLA as their
				authorized representative, the NJ SNAP benefits always belong to the resident
				and not to the facility.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 7 - SPECIAL INCOME CIRCUMSTANCES › Section 10:87-7.10 - Residents of shelters for battered women and their children

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A shelter for
				battered women and their children means a public or private nonprofit
				residential facility that serves battered women and their children. If such a
				facility serves other individuals, a portion of the facility shall be set aside
				on a long-term basis to serve only battered women and children.
1. Prior to certifying its residents under
				this paragraph, the CWA shall determine that the shelter for battered women and
				children meets the definition at (a) above and document the basis of this
				determination. Shelters having FNS authorization to redeem benefits at
				wholesalers shall be considered as meeting the definition and the CWA is not
				required to make any further determination. The CWA shall maintain a list of
				shelters meeting the definition to facilitate prompt certification of eligible
				residents following the special procedures outlined in (b) through (f)
				below.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 7 - SPECIAL INCOME CIRCUMSTANCES › Section 10:87-7.11 - Deeming of income and resources of an alien's sponsor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A sponsored
				alien is an alien for whom a person (the sponsor) has executed an affidavit of
				support (Bureau of Citizenship and Immigration Services Form I-864 or I-864A)
				on behalf of the alien pursuant to section 213A of the INA. Only in the event a
				sponsored alien is an eligible alien shall the CWA consider available to the
				household the income and resources of the sponsor and sponsor's spouse.
1. For purposes of determining the
				eligibility and benefit level of a household of which an eligible sponsored
				alien is a member, the CWA shall deem the sponsor's income and resources until
				the alien gains United States citizenship, has worked or can receive credit for
				40 qualifying quarters of work, or the sponsor dies.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 7 - SPECIAL INCOME CIRCUMSTANCES › Section 10:87-7.12 - Homeless NJ SNAP households and homeless meal providers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Homeless NJ
				SNAP households shall be permitted to use their NJ SNAP benefits to purchase
				prepared meals from approved homeless meal providers (see
				10:87-2.10(e) 
				).
(b) Homeless meal providers are
				public or private nonprofit organizations as defined by the IRS, that apply for
				and qualify as retail food stores to accept NJ SNAP benefits from homeless NJ
				SNAP recipients. The homeless meal provider shall be responsible for obtaining
				written approval from the New Jersey Division of Family Development, for
				submission to FNS prior to obtaining final authorization to accept NJ SNAP
				benefits. Homeless meal providers serving meals that consist solely of donated
				foods shall not be eligible for NJ SNAP EBT issuance redemption authorization.
				The FNS reserves the right to limit participation of homeless meal providers
				when evidence obtained indicates that participation of the provider indicates
				possible damage to the integrity of the NJ SNAP program.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The conduct of
				fair hearings shall be governed by the Uniform Administrative Procedure Rules
				contained in N.J.A.C. 1:1 and Public Welfare Hearings contained in N.J.A.C.
				1:10. If any rule in this subchapter is inconsistent with those rules, N.J.A.C.
				1:1 and 1:10 shall take precedence.
(b) Any household which is dissatisfied with
				any CWA action or inaction, affecting the household's participation in the
				Program shall be advised of its fair hearing rights and be given an opportunity
				to receive a fair hearing. The household shall also be advised of available
				legal services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.2 - CWA responsibility to provide fair hearing information

Current through Register Vol. 56, No. 14, July 15, 2024
The CWA shall make Form NJ SNAP-196, "Fair Hearings in the
				  NJ SNAP program", available to any interested party upon request.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.2A - Fair hearing based on Federal changes

Current through Register Vol. 56, No. 14, July 15, 2024
Fair hearings will be denied those households which are
				  merely disputing the fact that a federally mandated reduction, suspension, or
				  cancellation was ordered. However, if the request for a fair hearing is based
				  on a household's belief that its benefit level was computed incorrectly or that
				  regulations were misapplied or misinterpreted, the household shall be given an
				  opportunity to receive a fair hearing (see
				  10:87-8.9(b)  ).
				  Since the reduction, suspension or cancellation would be necessary to avoid an
				  expenditure of funds beyond those appropriated by Congress, households do not
				  have a right to a continuation of benefits pending the fair hearing. The
				  household may receive retroactive benefits in an appropriate amount if it is
				  determined that its benefits were reduced by more than the amount by which the
				  CWA was directed to reduce benefits. CWAs will only refer those requests which
				  qualify for a fair hearing to the Bureau of Administrative Review and Appeals
				  (BARA).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.3 - Request for fair hearing

Current through Register Vol. 56, No. 14, July 15, 2024
Any clear expression, oral or written, by the household or
				  its representative to the effect that it wishes to appeal an action of the CWA
				  or which indicates a desire to present the case to a higher authority shall be
				  construed as a request for a fair hearing.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.4 - Right to request a fair hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The right to
				request a fair hearing shall not be limited or interfered with in any way.
1. Informal efforts to resolve a dispute may
				be made through field contacts, office interviews with supervisory personnel,
				consultation with the State DFD Field Representative, etc. In no event,
				however, shall such informal efforts be considered prerequisite to a fair
				hearing, nor shall they delay, replace, interfere with or otherwise impede the
				processing of a fair hearing which has been requested by the
				household.
2. The CWA shall offer
				agency conference to households which wish to contest a denial of expedited
				service under the procedures at
				10:87-2.28 through 2.31. The CWA
				shall advise households that use of an agency conference is optional and that
				it shall in no way delay or replace the fair hearing process.
i. The agency conference may be attended by
				the eligibility worker responsible for the agency action, and shall be attended
				by an eligibility supervisor (other than the supervisor of the eligibility
				worker responsible for the action) and/or the agency director, and by the
				household and/or its representative.
ii. An agency conference for households
				contesting a denial of expedited service shall be scheduled within two working
				days of the date the household contests the action of the CWA, unless the
				household requests that it be scheduled later or states that it does not wish
				to have an agency conference.
iii.
				An agency conference may lead to an informal resolution of the dispute.
				However, a fair hearing must still be held unless the household makes a written
				withdrawal of its request for a hearing.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.5 - Time period for request of a hearing

Current through Register Vol. 56, No. 14, July 15, 2024
A household may request a hearing on any action by the CWA
				  or loss of benefits which occurred in the prior 90 days. Action by the CWA
				  shall include a denial of a request for restoration of any benefits lost more
				  than 90 days but less than a year prior to the request. In addition, at any
				  time within a certification period, a household may request a fair hearing to
				  dispute its current level of benefits. If a hearing request is not made within
				  the period provided by the notice of adverse action, benefits shall be reduced
				  or terminated as provided in the notice. However, if the household establishes
				  that its failure to make the request within the advance notice period was for
				  good cause, the CWA shall reinstate the benefits to the prior basis. When
				  benefits are reduced or terminated due to a mass change, participation on the
				  prior basis shall be reinstated only if the issue being contested is that NJ
				  SNAP eligibility or benefits were improperly computed or that Federal law or
				  regulation is being misapplied or misinterpreted by the CWA.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.7 - Participation during appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a household
				requests a fair hearing within 15 days of the mailing of an adverse action
				notice and the certification period has not expired, participation shall be
				continued consistent with the benefit level authorized immediately prior to the
				notice of adverse action unless the household specifically waives continuation
				of benefits. If the request for a fair hearing does not positively indicate
				that the household has waived continuation of benefits, the CWA shall assume
				that continuation of benefits is desired and benefits shall be issued
				accordingly. If the CWA action is upheld by the hearing decision, a claim
				against the household shall be established for all overissuances (see
				10:87-11.20 ).
1. In the case of an EBT adjustment, as
				defined at
				10:88-3.9, once an adverse action
				is upheld, the CWA shall immediately debit the household's account for the
				total amount stated in its original notice. If there are no benefits or
				insufficient funds remaining in the household's account at the time the CWA
				action is upheld, the CWA shall only make the adjustment from the next month's
				benefits, regardless of whether this satisfies the full adjustment
				amount.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.8 - Delayed request

Current through Register Vol. 56, No. 14, July 15, 2024
If a hearing request is not made within the period provided
				  by the notice of adverse action, benefits shall be reduced or terminated as
				  stated in the notice. However, if the household establishes that its failure to
				  make the request within the adverse notice period was for good cause, the CWA
				  shall reinstate the benefits to the prior benefit level.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.9 - Reduction or termination due to mass change

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When benefits
				are reduced or terminated due to a mass change, participation at the prior
				benefit level shall be reinstated only if the issue being contested is that NJ
				SNAP eligibility or benefits were improperly computed or Federal law or
				regulation is being misapplied or misinterpreted by the DFD or the
				CWA.
(b) When benefits are reduced,
				suspended, or cancelled due to a Federal order, participation at the prior
				benefit level, pending the fair hearing, shall be denied.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.10 - Reduction or termination of benefits prior to a hearing decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once continued
				or reinstated, benefits shall not be reduced or terminated prior to a final
				hearing decision, except as provided below:
1. The certification period expires. The
				household may reapply and may be determined eligible for a new certification
				period with a benefit amount as determined by the CWA;
2. The hearing official makes a determination
				that the sole issue is one of Federal law or regulation and that the
				household's claim that the CWA improperly computed the benefits or
				misinterpreted or misapplied such law or regulation policy is
				invalid;
3. A change affecting the
				household's eligibility or basis of issuance occurs while the hearing decision
				is pending and the household fails to request a hearing after the subsequent
				notice of adverse action; or
4. A
				mass change affecting the household's eligibility or basis of issuance occurs
				while the hearing is pending.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.11 - Prompt notice

Current through Register Vol. 56, No. 14, July 15, 2024
The State Agency will promptly inform the household in
				  writing if benefits are reduced or terminated pending the hearing decision.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.12 - Hearing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
The hearing shall be conducted pursuant to the Special
				  Hearing Rules for Division of Family Development cases, N.J.A.C. 1:10, and the
				  Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.13 - Hearing official

Current through Register Vol. 56, No. 14, July 15, 2024
The hearing officer shall be an administrative law judge
				  assigned by the Office of Administrative Law. The hearing official shall not be
				  a person who has been connected in any way with the county welfare agency
				  action or inaction which is currently under appeal.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.14 - Household rights

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The household
				shall have the following rights:
1. Prior to
				and at the time of the hearing, the household shall have the right to examine
				all documents and records which are to be used during the hearing.
2. The contents of the case record, including
				the application form and documents of verification used by the CWA to establish
				the household's ineligibility or eligibility and allotment, shall be made
				available, provided that confidential information such as the names of
				individuals who have disclosed information about the household without its
				knowledge or the nature or status of pending criminal prosecutions is protected
				from release. Free copies of relevant portions of the case record shall be
				furnished if requested by the household or its representative.
3. Confidential information which is
				protected from release and other documents or records which the household will
				not otherwise have an opportunity to contest or challenge shall not be
				introduced at the hearing or affect the hearing official's
				decisions.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.15 - County welfare agency rights at hearing

Current through Register Vol. 56, No. 14, July 15, 2024
The CWA shall appoint a representative to appear at the
				  hearing who shall be a CWA representative who is familiar with the case and
				  issue(s) involved in the hearing.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.16 - Decision on fair hearing

Current through Register Vol. 56, No. 14, July 15, 2024
The fair hearing decision shall be effective on the date of
				  final decision unless another effective date is designated in the final fair
				  hearing decision.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.17 - Retention of record

Current through Register Vol. 56, No. 14, July 15, 2024
An official and complete record of each fair hearing will be
				  maintained in the files of the Division of Family Development for at least
				  three years after the date decision is rendered. The household or its
				  representative may review, upon appointment, all or any part of the official
				  and complete record of his/her fair hearing.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.18 - Prospective or retroactive action

Current through Register Vol. 56, No. 14, July 15, 2024
A decision requiring action by the CWA may apply either
				  prospectively with regard to future action by the CWA or retroactively to the
				  date an incorrect action was taken. If the decision results from mutual
				  agreement of the parties at the hearing, it shall be so stated.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.19 - Corrective measures

Current through Register Vol. 56, No. 14, July 15, 2024
The State Division of Family Development will take such
				  steps as may be necessary to assure that the decision has been carried out.
				  Corrective or remedial measures ordered by a hearing decision, unless otherwise
				  directed in the decision, will be implemented by the local agency immediately
				  upon receipt of the fair hearing decision (see also
				  N.J.A.C.
				  10:87-8.26(c)  ).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.20 - Final administrative action

Current through Register Vol. 56, No. 14, July 15, 2024
Final administrative agency action on fair hearing decisions
				  shall be implemented by the local agency within 60 days of the date of the
				  hearing request. However, delay in the hearing process resulting from
				  postponement of a scheduled hearing may extend the time period for local agency
				  corrective action for as many days the hearing is postponed by the household,
				  not to exceed 30 days.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL › Subchapter 8 - FAIR HEARINGS › Section 10:87-8.21 - CWA responsibilities; fair hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the
				hearing decision is that a household has been improperly denied program
				benefits or has been issued a lesser allotment than was due, lost benefits
				shall be provided in accordance with
				10:87-11.13.
(b) When the hearing decision upholds the
				CWA's action, a claim (when appropriate) shall be prepared against the
				household for any overissuance in accordance with
				10:87-11.20.
(c) Decisions which result in an increase in
				household benefits shall be reflected in the benefit allotment within 10 days
				of the receipt of the hearing decision even if a supplementary benefit must be
				issued.
1. If however, the next normal
				issuance after receipt of the decision occurs within 60 days of a household's
				request for a hearing, the increase may be reflected in that
				issuance.