New Jersey Administrative Code

(a) Residents of commercial boarding homes/houses are not eligible for program benefits. For program purposes, a boarding home/house shall be defined as an establishment which is licensed as a commercial enterprise which offers meals and lodging for compensation. In areas without…

(a) The CWA shall not use the head of household designation to impose special requirements on the household, such as requiring that the head of household, rather than another responsible member of the household, appear at the certification office to make application for benefits.…

(a) The head of the household, spouse, or any other responsible member of the household may designate an authorized representative to act on behalf of the household in one or all of the functions described in (b) through (e) below. (b) When the head of the household or the spouse…

In the event the only adult living with a household is classified as a nonhousehold member as defined in N.J.A.C. 10:87-2.3, that individual may be the authorized representative for the minor household members. Notes N.J. Admin. Code § 10:87-2.8 As amended, R.1982 d.474, effectiv…

The CWA shall bear the responsibility of recording in the case record the name of the authorized representative. Notes N.J. Admin. Code § 10:87-2.9

Nonfinancial eligibility factors in this section shall apply equally to all applicant households (see N.J.A.C. 10:87-2.19 and 2.20 for verification requirements). Notes N.J. Admin. Code § 10:87-3.1 Amended by R.1989 d.121, effective 2/21/1989. See: 20 New Jersey Register 2689(a),…

The income and resources of an ineligible alien, or individual whose citizenship is questionable, who would be considered a member of a household if he or she did not have ineligible alien status or questionable citizenship status shall be considered in determining eligibility an…

(a) If verification of eligible alien status or citizenship as required by N.J.A.C. 10:87-2.19(c) is not provided on a timely basis, the eligibility of the remaining household members shall be determined. The income and resources of the alien(s) whose status is unverified or indi…

(a) The following individuals, if members of an eligible household, may use NJ SNAP benefits to purchase prepared meals from any communal dining facility, meal delivery service, substance abuse treatment center, group living arrangement, shelter for battered women and children or…

(a) DFD shall maintain and use the Income and Eligibility Verification System (IEVS) as specified in this section. By means of IEVS, DFD shall request wage and benefit information from the agencies identified below and use that information in verifying eligibility for, and the am…

(a) A student in an institution of higher education is defined as any person who is between the ages of 18 and 50, who is physically and mentally fit, and is enrolled at least half-time in an institution of higher education. Half-time is defined by the institution of higher educa…

Providing the Social Security Number for each household member is voluntary; however, failure to provide a SSN will result in denial of NJ SNAP benefits to each individual failing to provide a SSN. Once a SSN is verified, the CWA may share it with other State and Federal agencies…

(a) Each household member who is not exempt shall be registered for employment by the CWA at time of application, and at least once every 12 months as a condition of eligibility for participation in the NJ SNAP program. (b) The CWA shall provide work registration forms to the app…

Individuals are ineligible for the NJ SNAP program benefits while they are fleeing to avoid prosecution, custody, or confinement for a felony or attempted felony, or for violating a condition of probation or parole. If the CWA determines that an individual has a warrant out for h…

Individuals found in a court or administrative hearing to have made a fraudulent statement regarding their identity or residence in order to concurrently receive NJ SNAP benefits in more than one state or county shall be disqualified from the Program for 10 years. Notes N.J. Admi…

Notes N.J. Admin. Code § 10:87-3.19 Recodified to N.J.A.C. 10:87-3.18 by R.2012 d.031, effective 2/6/2012 (operative March 7, 2012). See: 43 N.J.R. 2114(a), 44 N.J.R. 241(a). Section was "Disqualification due to duplicate participation".

(a) A household must be a resident of the county in which it files an application for participation. No individual may participate as a member of more than one household, or more than one county, in any month except as provided for in this section. (b) Residents of shelters for b…

(a) For purposes of the NJ SNAP program, a person shall be considered a resident in the place in which he or she actually lives, without regard to legal residence or intent to remain permanently. There shall be no requirement that a person reside in the county for a specified per…

The county welfare agency shall be responsible for recording the applicant's correct address, or location where the applicant may be contacted, in the case record. Confidentiality for persons participating in the Address Confidentiality Program shall be maintained in accordance w…

To receive program benefits, the applicant shall be either a United States citizen or a qualified eligible alien. Notes N.J. Admin. Code § 10:87-3.5 Amended by R.2007 d.129, effective 5/7/2007. See: 38 N.J.R. 4374(a), 39 N.J.R. 1719(a). Substituted "a qualified" for "an".

For the purposes of N.J.A.C. 10:87-3.5, the United States shall be defined as the 50 States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Swain's Island, American Samoa, and the Northern Mariana Islands. Citizenship shall be verified only if questionable in ac…

(a) Qualified aliens who have been lawfully admitted for permanent U.S. residence and/or who are permanently and lawfully residing in the U.S. shall be eligible for participation in the NJ SNAP program. For a specific listing of aliens eligible for program benefits, see N.J.A.C. …

(a) A documented alien is an individual with "documentation," supplied by the United States Citizenship and Immigration Services (USCIS), which supports the alien being in the United States. An undocumented alien is an individual who has no "documentation," supplied by USCIS to i…

(a) The following aliens are not eligible to participate in the NJ SNAP program: 1. Visitors, tourists, students and diplomats; 2. Aliens residing under Color of Law. i. "Color of law" means aliens that are in the United States prior to January 1, 1972, under statutory authority …

(a) The resource criteria and eligibility standards of this subchapter apply to the following households:1. Households that contain a member who is subject to an Intentional Program Violation (IPV). The remaining members of the household are NJ SNAP program eligible during the wh…

The value of a nonexempt resource shall be its equity value. The equity value is the fair market value less encumbrances. When necessary, the value of resources shall be determined by consulting sources knowledgeable as to the value of such resources. The source and result of any…

(a) The maximum allowable resources, including both liquid and non-liquid assets of all members of the household, shall not exceed $ 2,000 for the household; except that for households including a member or members aged 60 or over, such resources shall not exceed $ 3,000. (b) If …

At the time of application, households shall be asked to provide information regarding any resources that any household member (or excluded household member whose resources are being considered available to the household) has transferred within the three-month period immediately …

Households that have transferred resources knowingly for the purpose of qualifying or attempting to qualify for NJ SNAP benefits shall be disqualified for up to one year (see schedule at N.J.A.C. 10:87-4.17) from the date of discovery of the transfer. This disqualification period…

(a) Eligibility for the program will not be affected by the following transfers: 1. Resources that would not otherwise affect eligibility, for example, resources consisting of excluded personal property, such as furniture or money that, when added to other nonexcluded household r…

In the event that the CWA establishes that an applicant household has knowingly transferred resources for the purpose of qualifying or attempting to qualify for NJ SNAP benefits, the household shall be sent a notice of denial explaining the reason for and length of disqualificati…

If the household is participating at the time of the discovery of the transfer, a notice of adverse action explaining the reason for and length of disqualification shall be sent. The period of disqualification shall be made effective with the first allotment to be issued after th…

The length of the disqualification period shall be based on the amount by which nonexempt transferred resources, when added to other countable resources, exceed the allowable limits. Disqualification Period Chart Amount in Excess of the Period of Household Resource Limit Disquali…

(a) Available resources at the time the household is interviewed shall be used to determine the household's eligibility. (b) At the time of the certification or recertification interview, the applicant shall report all resources currently held by any member of the household. Note…

(a) The resources of a household shall include the following, which shall be recorded by the CWA in sufficient detail to permit verification, if necessary (see N.J.A.C. 10:87-2.20, 2.21 and 4.5): 1. Liquid resources, such as cash on hand, money in checking and/or savings accounts…

(a) Resources held jointly by separate households shall be considered available in their entirety to each household, unless it can be demonstrated by the applicant household that such resources are inaccessible to that household. If the household can demonstrate that it has acces…

Resource information shall be verified prior to certification only if questionable (see N.J.A.C. 10:87-2.20). Notes N.J. Admin. Code § 10:87-4.5

(a) The resources of nonhousehold members, as described in N.J.A.C. 10:87-2.3(a), shall not be counted as available to the household. (b) The resources of excluded household members, as described in N.J.A.C. 10:87-2.3(c), shall be counted, if applicable, as available to the remai…

In the determination of resource eligibility, any item classified as a resource exclusion shall not be considered in the determination of eligibility for participation in the program. Where an exclusion applies because of use of a resource by or for a household member, the exclus…

(a) Only the following shall be classified as resource exclusions by the CWA: 1. The home and surrounding property that is not separated from the home by intervening property owned by others. i. Public rights of way, such as roads that run through the surrounding property and sep…

(a) Any monies excluded by the provisions of N.J.A.C. 10:87-4.8 shall retain the resource exclusion for an unlimited period of time, so long as such monies are kept in a separate account and not commingled in an account with nonexcluded funds. (b) The resources of students and se…

(a) All households that do not contain an elderly or disabled member, shall meet both the net and gross income eligibility standards set forth in N.J.A.C. 10:87-12.3 and 12.4, respectively, in order to be eligible for program participation, with the exception of (b) below. Househ…

(a) Deductions from income will be allowed only for the following expenses of the household: 1. The standard deduction, specified at N.J.A.C. 10:87-12.1(a), shall be deducted from income, whether earned or unearned; 2. An amount equal to 20 percent of earned income, as defined at…

(a) Educational assistance includes grants, scholarships, fellowships, work study, educational loans on which payment is deferred, veterans' educational benefits and the like. (b) To be excluded, educational assistance, as defined at (a) above, must be awarded to a household memb…

(a) Responsibilities for the reporting of income shall be as follows: 1. At the time of certification or recertification, the applicant shall report all income currently being received by all members of the household and any income changes or additions which the household anticip…

Household income shall be defined as all income from whatever source unless such income is specifically excluded under the provisions of N.J.A.C. 10:87-5.9. Notes N.J. Admin. Code § 10:87-5.3 Amended by R.1989 d.121, effective 2/21/1989. See: 20 New Jersey Register 2689(a), 21 Ne…

(a) For the purposes of determining net NJ SNAP income, earned income shall include the following: 1. All wages and salaries received as compensation for services performed as an employee; 2. When the earned income of one or more household members and the earned income of a nonho…

(a) For the purposes of determining net NJ SNAP income, unearned income shall include, but not be limited to:1. Assistance payments from Federal or Federally aided public assistance programs such as SSI or WFNJ/TANF and WFNJ/GA program payments, or other assistance programs based…

(a) The earned or unearned income of an individual disqualified from the household for intentional program violation as set forth at N.J.A.C. 10:87-11 or who refuses to comply with a work registration requirement shall continue to be attributed in its entirety to the remaining ho…

(a) Moneys withheld from earned income, or other income source, or moneys received from any income source (except as specified in (c) below) which are voluntarily or involuntarily returned to repay a prior overpayment that is not excludable under N.J.A.C. 10:87-5.6 shall not be c…