New Jersey Administrative Code

(a) If an individual fails to comply with a work registration or an NJ SNAP ETP component requirement, without good cause, the CWA shall perform the following actions: 1. The CWA shall issue a 10-day notice of adverse action to the household member in noncompliance. The client wi…

(a) If the CWA determines that an individual has refused or failed to comply with the requirements imposed by this subchapter, that individual shall be ineligible to participate in the NJ SNAP program as described below, and is treated as an ineligible household member in accorda…

(a) Each individual or household has a right to a fair hearing to appeal a denial, reduction or termination of benefits due to a determination of nonexempt status, or a CWA/LWD determination of failure to comply with the work registration or work and training requirements of this…

(a) The CWA shall be responsible for determining good cause in those instances where the work registrant fails to comply with the work registration, work and training requirements or voluntary quit requirements of this subchapter. The CWA shall take into consideration all of the …

(a) Except in cases of permanent disqualification, at the end of the disqualification period for noncompliance with the work registration or employment and training requirements, participation may resume if the disqualified individual applies again and is determined by the CWA to…

(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 …

(a) Under the ABAWDS provision, unless exempt, an individual cannot continue to receive NJ SNAP benefits if, for more than three full calendar months within a fixed 36-month period, he or she did not:1. Work at least 20 hours per week (averaged monthly); i. A recipient who is an …

Notes N.J. Admin. Code § 10:87-10.21 Repealed by R.2004 d.181, effective 5/17/2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Section was "Penalty for noncompliance with employment and training requirements".

Notes N.J. Admin. Code § 10:87-10.22 Repealed by R.2004 d.181, effective 5/17/2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Section was "Fair hearings".

Notes N.J. Admin. Code § 10:87-10.23 Repealed by R.2004 d.181, effective 5/17/2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Section was "Good cause for noncompliance".

Notes N.J. Admin. Code § 10:87-10.24 Repealed by R.2004 d.181, effective 5/17/2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Section was "Ending disqualification".

Notes N.J. Admin. Code § 10:87-10.25 Repealed by R.2004 d.181, effective 5/17/2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Section was "Mandatory work activity for able-bodied adults without dependents (ABAWDS)."

(a) Persons losing exempt status due to any change in circumstance that is subject to the reporting requirements at N.J.A.C. 10:87-9.5 shall register for employment when the change is reported according to the following procedures: 1. The CWA shall be responsible for providing th…

(a) If a person is not exempt from employment and training requirements, the NJ SNAP EPT worker shall be responsible for screening (assessing) that person and, if appropriate, referring him or her to an NJ SNAP EPT component within 10 days of the initial assessment. Upon entry in…

(a) Any individual subject to the NJ SNAP work requirements who either voluntarily quits his or her job without good cause, or who voluntarily reduces his or her work to less than 30 hours per week or his or her wages to less than the equivalent of the Federal minimum wage multip…

(a) Good cause for leaving employment or reducing work effort includes the good cause provisions found at N.J.A.C. 10:87-10.18 and resigning from a job that does not meet the suitability criteria specified at N.J.A.C. 10:87-10.10. Good cause for leaving employment or reducing wor…

(a) To the extent that the information given by the household is questionable as defined at N.J.A.C. 10:87-2.20, the CWA shall request verification of the household's statements. (b) The primary responsibility for providing verification rests with the household. (c) If it is diff…

(a) Following the end of the mandatory disqualification period for voluntarily quitting a job or reducing work effort without good cause, an individual may begin participation in the program if he or she reapplies and is determined eligible by the CWA. 1. In a situation where the…

Except in cases of permanent disqualification, if an application for participation in the NJ SNAP program is filed in the final month of the mandatory disqualification period, the CWA shall use the same application for the denial of benefits in the remaining month of disqualifica…

(a) The CWA shall be responsible for investigating any case of alleged intentional program violation (IPV), and ensuring that appropriate cases are acted upon either through administrative disqualification hearings or referral to a court of appropriate jurisdiction in accordance …

In cases where the determination of an IPV is reversed by a court of appropriate jurisdiction, the CWA shall reinstate the individual in the program if the household is eligible. The CWA shall restore benefits that were lost as a result of the disqualification in accordance with …

The CWA shall restore to the household benefits which were lost whenever the loss was caused by an error by the CWA. Additionally, the CWA shall restore lost benefits when this Manual specifically states that the household is entitled to restoration of lost benefits or an intenti…

(a) Benefits shall be restored for a period of not more than 12 months prior to whichever of the following occurred first: 1. The date the CWA was notified by the household or by another person or agency in writing or orally of the possible loss to that specific household; 2. The…

(a) If the CWA determines that a loss of benefits has occurred, and the household is entitled to restoration of those benefits, the CWA shall automatically take action to restore any benefits that were lost. No action by the household is necessary. (b) Benefits shall not be resto…

(a) If the CWA determines that a household is entitled to restoration of lost benefits, but the household does not agree with the amount to be restored as calculated by the CWA or any other action taken by the CWA to restore lost benefits, the household may request a fair hearing…

(a) After correcting the loss for future months and excluding those months for which benefits may have been lost prior to the 12-month time limits described at N.J.A.C. 10:87-11.12, the CWA shall calculate the amount to be restored as follows: 1. If the household was eligible but…

(a) Individuals disqualified for intentional program violation are entitled to restoration of any benefits lost during the months they were disqualified, not to exceed 12 months prior to the date of CWA notification, only if the decision which resulted in disqualification is subs…

(a) Regardless of whether a household is currently eligible or ineligible, the CWA shall restore lost benefits to a household by issuing an allotment equal to the amount of benefits that were lost. The amount restored shall be issued in addition to the allotment currently eligibl…

Whenever lost benefits are due a household and the household's membership has changed, the CWA shall restore the lost benefits to the household containing a majority of the individuals who were household members at the time the loss occurred. If the CWA cannot locate or determine…

Households whose allotments are reduced or cancelled as a result of a Federal mandate are not entitled to a restoration of lost benefits unless DFD, upon notification by USDA/FNS, specifically authorizes such restoration. Notes N.J. Admin. Code § 10:87-11.19 As amended, R.1981 d.…

(a) Individuals found to have committed an IPV, through either an administrative disqualification hearing or by a Federal, State or local court, or who have signed either a waiver of right to an administrative disqualification hearing or a disqualification consent agreement in ca…

(a) A recipient claim is an amount owed because of benefits that are over paid or benefits that are trafficked. (b) Recipient claims are Federal debts subject to 7 CFR 273.18 and other regulations governing Federal debts. The CWA shall establish and collect any claim by following…

(a) Rules on the Treasury Offset Program (TOP) are as follows: 1. Procedures for referring debts to TOP are as follows: i. Appropriate client contact shall be made by the CWA prior to forwarding a claim to DFD for referral to TOP. ii. When a claim for $ 25.00 or more becomes deli…

(a) Any refund of the NJ SNAP household's Gross Income Taxes or Homestead Saver/Rebate may be intercepted. The intercepted amount shall be applied toward satisfaction of any debt owed to the State.1. The CWA shall submit cases to the Set-off Individual Liability program (SOIL) us…

Notes N.J. Admin. Code § 10:87-11.23 Repealed by R.2004 d.181, effective 5/17/2004. See: 36 New Jersey Register 28(a), 36 New Jersey Register 2425(a). Section was "Claims against households".

Notes N.J. Admin. Code § 10:87-11.24 As amended, R.1983 d.224, effective 5/31/1983. See: 15 New Jersey Register 633(a), 15 New Jersey Register 1034(a). Originally adopted as an Emergency Rule, R.1983 d.117, effective 3/31/1983, operative April 1, 1983. The amendments are pursuant…

Notes N.J. Admin. Code § 10:87-11.25 See: 15 New Jersey Register 633(a) 15 New Jersey Register 1034(a). Originally adopted as an Emergency Rule, R.1983 d.117, effective 3/31/1983, operative April 1, 1983. The amendments are pursuant to the Food Stamp Act Amendments of 1982 (P.L. …

Notes N.J. Admin. Code § 10:87-11.26 As amended, R.1980 d.117, effective 3/19/1980. See: 11 New Jersey Register 517(a), 12 New Jersey Register 194(b). Added (f). As amended, R.1983 d.224, effective 5/31/1983. See: 15 New Jersey Register 633(a), 15 New Jersey Register 1034(a). Ori…

Notes N.J. Admin. Code § 10:87-11.27 Amended by R.1983 d.224, effective 5/31/1983. See: 15 New Jersey Register 633(a), 15 New Jersey Register 1034(a). Originally adopted as an Emergency Rule, R.1983 d.117, effective 3/31/1983, operative April 1, 1983. The amendments are pursuant …

Notes N.J. Admin. Code § 10:87-11.28 Amended by R.1983 d.224, effective 5/31/1983. See: 15 New Jersey Register 633(a), 15 New Jersey Register 1034(a). Originally adopted as an Emergency Rule, R.1983 d.117, effective 3/31/1983, operative April 1, 1983. The amendments are pursuant …

Notes N.J. Admin. Code § 10:87-11.29 Amended by R.1983 d.224, effective 5/31/1983. See: 15 New Jersey Register 633(a), 15 New Jersey Register 1034(a). Originally adopted as an Emergency Rule, R.1983 d.117, eff. 3/31/1983, operative April 1, 1983. The amendments are pursuant to th…

(a) IPVs shall consist of having intentionally: 1. Made a false or misleading statement, or misrepresented, concealed or withheld facts; or 2. Committed any act that constitutes a violation of the Food and Nutrition Act of 2008 (7 U.S.C. §§ 2011 et seq.), the NJ SNAP program rule…

Notes N.J. Admin. Code § 10:87-11.30 As amended, R.1983 d.224, eff. 5/31/1983. See: 15 New Jersey Register 633(a), 15 New Jersey Register 1034(a). Originally adopted as an Emergency Rule, R.1983 d.117, eff. 3/31/1983, operative April 1, 1983. The amendments are pursuant to the Fo…

Notes N.J. Admin. Code § 10:87-11.31 Amended by R.1979 d.422, effective 10/18/1979. See: 11 New Jersey Register 379(a), 11 New Jersey Register 559(d). Amended by R.1983 d.224, effective 5/31/1983. See: 15 New Jersey Register 633(a), 15 New Jersey Register 1034(a). Originally adop…

Notes N.J. Admin. Code § 10:87-11.32 New Rule, R.1989 d.121, effective 2/21/1989. See: 20 New Jersey Register 2689(a), 21 New Jersey Register 511(b). Repealed by R.2004 d.181, effective 5/17/2004. See: 36 New Jersey Register 28(a), 36 New Jersey Register 2425(a). Section was "Int…

Notes N.J. Admin. Code § 10:87-11.33 New Rule, R.1989 d.121, effective 2/21/1989. See: 20 New Jersey Register 2689(a), 21 New Jersey Register 511(b). Repealed by R.2004 d.181, effective 5/17/2004. See: 36 New Jersey Register 28(a), 36 New Jersey Register 2425(a). Section was "CWA…

The CWA shall inform the household in writing of the disqualification penalties for IPVs each time the household applies for program benefits. The penalties shall be in clear, prominent, and bold face lettering on the application form. Notes N.J. Admin. Code § 10:87-11.4 As amend…