New Jersey Administrative Code

N.J.A.C. 10:79-7.1 and 7.2 shall apply only to applicants for and beneficiaries of NJ FamilyCare-Children's Program-Plan B, C and D benefits, and shall not be applicable to termination due to ineligibility initiated under N.J.A.C. 10:79-2 through 4. Notes N.J. Admin. Code § 10:79…

All of the relevant provisions pertaining to fraud and abuse, third-party liability, and administrative and judicial remedies, which are contained in the following sections of N.J.S.A. 30:4D-1 et seq. and N.J.A.C. 10:49 shall be fully applicable to the NJ FamilyCare-Children's Pr…

This subchapter describes presumptive eligibility for children up to the age of 19 whose family's income is no greater than 350 percent of the Federal Poverty Level and who otherwise meet the eligibility requirements for NJ FamilyCare-Children's Program. The presumptive eligibili…

A child shall be limited to one continuous presumptive eligibility period within a 12-month cycle beginning from the month in which the child initially received presumptive eligibility. Notes N.J. Admin. Code § 10:79-8.10 Amended by R.2004 d.42, effective 1/20/2004. See: 35 New J…

(a) The period of presumptive eligibility shall begin on the date an approved presumptive eligibility entity determines that, based on information provided by the family of the presumptively eligible beneficiary, the child meets the requirements and standards of this chapter. (b)…

(a) A qualified presumptive eligibility entity shall be a New Jersey Medicaid provider and: 1. An acute care hospital; 2. A local health department that provides primary care services; or 3. A Federally Qualified Health Center (FQHC). (b) An eligible entity shall apply to the Div…

(a) From preliminary information provided by a child (if appropriate), parent, guardian, caretaker adult, or authorized agent, the approved presumptive eligibility entity shall determine if the child meets the eligibility criteria of this chapter. The approved presumptive eligibi…

(a) Upon receipt of a properly completed application from the approved presumptive eligibility determination entity, Division staff shall: 1. Assign a presumptive eligibility number. i. If the income level of the family indicates eligibility for NJ FamilyCare-Children's Program-P…

(a) Upon receipt of the one-page PE application from the approved presumptive eligibility determination entity, the eligibility determination agency shall check for existing Medicaid, Medically Needy, or NJ FamilyCare-Children's Program eligibility. If the child is receiving Medi…

The parent, guardian, caretaker or authorized agent of a presumptively eligible child shall be contacted by the county welfare agency or Statewide eligibility determination agency, as appropriate, during the presumptive eligibility period to provide any additional information req…

(a) For a presumptively eligible child who is subsequently determined ineligible for NJ FamilyCare-Children's Program benefits: 1. The eligibility determination agency shall not be required to provide either timely or adequate notice for the end of the presumptive eligibility. Th…

All presumptively eligible NJ FamilyCare-Children's Program beneficiaries shall be eligible to receive all applicable NJ FamilyCare-Children's Program services listed in N.J.A.C. 10:49-5.2 (for Plan A), N.J.A.C. 10:49-5.6(a) and (b) (for Plans B and C services), and N.J.A.C. 10:4…

The Division of Family Development provides leadership and supervision to the public and non-profit agencies that deliver financial assistance and critical safety net services to individuals and families in New Jersey, including, but not limited to, Work First New Jersey/Temporar…

(a) The responsibilities of the Division of Family Development (DFD) are to: 1. Supervise the operations of the county and municipal welfare agencies and evaluate their achievements in terms of current policies and procedures; 2. Oversee the financial and budget operations, which…

(a) Programs and services of the Division of Family Development (DFD) are administered by a Director, who is appointed by the Commissioner, Department of Human Services. (b) The DFD provides leadership and supervision to the public and non-profit agencies that deliver financial a…

(a) Information about the Division of Family Development (DFD) is available on its website. (b) Some of the specific information that the public will find in the DFD's website includes: 1. Hotline telephone numbers; 2. Services and programs for individuals and families; 3. Public…

(a) The Commissioner of the Department of Human Services (DHS) is obligated to ensure that programs that serve eligible low-income persons administered by counties throughout the State are provided to eligible persons in an accessible, efficient, and cost-effective manner. (b) Th…

(a) The following are factors viewed as particularly significant program irregularities and management deficiencies. Elements such as unlawful activity, pervasive fiscal and/or program deficiencies are the primary basis for consideration of assumption action. Failure on the part …

(a) The Department shall afford a county welfare administrative agency reasonable opportunity to correct identified deficiencies before assuming administration for violations as set forth in N.J.A.C. 10:84-1.2. (b) The corrective action or resolution procedure will be comprised o…

(a) For each fiscal year, or portion thereof, in which a service or function associated with the provisions of P.L. 1990, c.66, is assumed by the Department, the county shall deduct from its final appropriations upon which its permissible county tax levy is calculated the amount …

(a) Any county that wishes to appeal a decision by the Department concerning State assumption of the CWA's operations is entitled to request a State fair hearing within 10 days of the date postmarked on the envelope containing the notice of State assumption of operations. The req…

(a) P.L. 1997, c. 13 requires the Commissioner of the Department of Human Services to establish, by regulation, a standard of need and update the standard annually. In order to be in compliance with the law, New Jersey has established the standard of need in (d) below which only …

(a) The provisions of this subchapter were adopted and issued pursuant to Executive Order No. 34 (1976), and the authority vested in the Division of Family Development (DFD) to implement the programs by rules and regulations, as set forth in N.J.S.A. 30:1-9 and 30:4B-1 and 2. (b)…

(a) In accordance with the Commissioner of Human Services' delegated authority in N.J.S.A. 30:1-12b., and the authority vested in the Director of DFD in N.J.S.A. 30:1-9 and 30:4B-1 and 2, when the Division receives reliable evidence of theft, fraud, willful misrepresentation, or …

(a) Persons who have been debarred, disqualified, or suspended from participating in the programs or initiatives of DFD are required to petition the Director for reinstatement. 1. Persons debarred or disqualified for a definitely stated period of time may petition the Director fo…

The NJ SNAP is designed to promote the general welfare and to safeguard the health and well being of the population by raising the levels of nutrition among low-income households. Notes N.J. Admin. Code § 10:87-1.1 Amended by R.2012 d.031, effective 2/6/2012 (operative March 7, 2…

(a) This manual is a public document and shall be made accessible in accordance with (b) through (h) below. (b) Specific policy material necessary for an applicant, recipient, and/or his or her representative to determine whether or not a hearing should be requested, or to prepar…

CWAs shall not discriminate against any applicant or participant in any aspect of program administration, including, but not limited to, the certification of households, the issuance of benefits, the conduct of fair hearings, or any other program service, for reasons of age, race…

(a) Persons who believe that they have been subject to discrimination as described in N.J.A.C. 10:87-1.11 may complain directly to USDA and/or to DFD. The CWA shall explain the complaint procedures and advise the individual(s) of their right to file a complaint. (b) A complaint m…

(a) The CWA shall publicize the procedure described in N.J.A.C. 10:87-1.12. (b) At least once every fiscal year, the CWA shall advise local minority group organizations, in writing, that the NJ SNAP program is available to all eligible households on a nondiscriminatory basis and …

(a) The CWA shall restrict the use or disclosure of information obtained from applicant or recipient households to persons directly connected with the administration or enforcement of the NJ SNAP program, WFNJ/TANF, jointly-processed WFNJ/GA households, SSI, Medicaid, Child Suppo…

(a) Copies of the manual, supplementary directives issued for use in certifying applicant households and NJ SNAP fair hearing reports shall be readily available for public inspection in all CWA central NJ SNAP offices. (b) In addition, Federal Supplemental Nutrition Assistance Pr…

An applicant or recipient shall have the right to appeal any action or inaction concerning the Program on the part of the CWA that affects his or her household (see N.J.A.C. 10:87-8 concerning fair hearings). Notes N.J. Admin. Code § 10:87-1.16 Amended by R.1989 d.121, effective …

(a) The CWA shall notify the DFD immediately of any suit(s) filed by any person/organization against the CWA and/or DFD that involve(s) administration of the NJ SNAP program and shall furnish DFD with copies of the original pleadings and all subsequently filed pleadings. (b) If t…

§ 10:87-1.18 - Reserved Notes N.J. Admin. Code § 10:87-1.18

As used in this chapter, the following abbreviations and/or acronyms shall have the following meanings, unless otherwise individually specified. "ABAWDS" means able-bodied adults without dependents. "CWA" means county welfare agency. "DCS" means disregarded child support. "DFD" m…

(a) The Program is authorized by the U.S. Congress and regulated by the USDA. In New Jersey, the CWAs are responsible for certifying eligible households and arranging for benefit issuance outlets. Only persons employed by a CWA are legally empowered to enroll applicants in the Pr…

Policies and procedures for the administration of the Program are derived from the Food and Nutrition Act of 2008 (7 U.S.C. §§ 2011 et seq.) and current FNS, regulations and instructions (which are uniform nationwide). Notes N.J. Admin. Code § 10:87-1.3 Amended by R.1989 d.121, e…

(a) The Division of Family Development (DFD) will supply CWAs with posters and pamphlets concerning nutritional information, and, where available, explanations of Special Supplemental Food Program for Women, Infants and Children (WIC) and the Commodity Supplemental Food Program (…

The purpose of this manual is to outline the policies and procedures applicable to the certification and/or recertification of those who apply for NJ SNAP benefits. The policies and procedures contained in this manual shall be used to determine eligibility criteria and issuance r…

(a) While this manual attempts to minimize discretionary action on the part of the certification worker, there will be situations which are not specifically covered by existing policy guidelines. In those cases the certification worker shall be expected to make a judgment, based …

Copies of this manual shall be assigned to administrative and other staff working with applicants and recipients. Each staff member is expected to be thoroughly familiar with its contents so that policy and procedures may be consistently applied. Notes N.J. Admin. Code § 10:87-1.…

Each holder of the manual shall be responsible for maintaining a current and up-to-date manual. DFD shall issue revisions and changes as necessary; the manual holder shall insert new material and remove obsolete pages promptly. Notes N.J. Admin. Code § 10:87-1.8 Amended by R.1989…

The CWA shall retain one copy of obsolete manual material for administrative purposes. Notes N.J. Admin. Code § 10:87-1.9 Amended by R.1989 d.121, effective 2/21/1989. See: 20 New Jersey Register 2689(a), 21 New Jersey Register 511(b). Deleted "the County Welfare agency".

(a) The CWA shall register for work each work-eligible household member not exempted by the provisions at N.J.A.C. 10:87-10.2, regardless of whether or not the geographic area where the member resides is participating in the NJ SNAP ETP. This may be accomplished through the compl…

(a) Employment offered to a registrant shall be considered suitable unless one of the following conditions exist:1. The wages offered are less than the highest of: the applicable Federal minimum wage, the applicable State minimum wage, or, if neither the State or Federal minimum …

(a) Households with striking member(s) shall be ineligible to participate in the NJ SNAP program unless the household was (or would have been) eligible for benefits the day prior to the strike and is otherwise eligible at the time of application. Pre-strike eligibility shall be d…