New Jersey Administrative Code

Income which is classified as an exclusion shall not be considered for purposes of determining net or gross NJ SNAP income. Notes N.J. Admin. Code § 10:87-5.8 Amended by R.1989 d.121, effective 2/21/1989. See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b). Amended by R.1998 d.498, effectiv…

(a) Only the following shall be excluded from household income; no other income shall be excluded: 1. Any gain or benefit, which is not in the form of money payable directly to the household shall be excluded, including non-monetary or in-kind benefits such as meals, clothing, pu…

The procedures in this subchapter shall be used to determine program eligibility and benefit levels. For certification of households with special income circumstances, this subchapter shall be used in conjunction with N.J.A.C. 10:87-7. The procedures for certifying destitute hous…

Deductible expenses include only certain costs of dependent care, child support payments, shelter and medical costs as described in N.J.A.C. 10:87-5.10. Notes N.J. Admin. Code § 10:87-6.10 Amended by R.1989 d.121, effective 2/21/1989. See: 20 New Jersey Register 2689(a), 21 New J…

(a) The following shall not be included in the determination of deductions: 1. An expense covered by an excluded reimbursement or vendor payment (see N.J.A.C. 10:87-5.9) except an energy assistance vendor payment made under the Low Income Home Energy Assistance Act (LIHEAA), shal…

(a) Except as provided in N.J.A.C. 10:87-6.13, a deduction shall be allowed only in the month the expense is billed or otherwise becomes due, regardless of when the household intends to pay the expense. For example, child care, which is due each month shall be included in the hou…

(a) Households may elect to have fluctuating expenses averaged. Households may also elect to have expenses which are billed less often than monthly averaged forward over the interval between scheduled billings, or, if there is no scheduled interval, averaged forward over the peri…

(a) The CWA shall calculate a household's expenses based on expenses for which the household expects to be billed during the certification period. Anticipation of the expense shall be based on the most recent month's bills, unless the household is reasonably certain a change will…

(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 a…

(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 (accor…

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 determi…

(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 normall…

(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 …

(a) The month of application for all households is the calendar month in which the household filed its application. For those prerelease applicants described at N.J.A.C. 10:87-2.33(b)3, the month of application shall be the date of release from the institution. This includes hous…

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…

(a) Except for households assigned to simplified reporting (see N.J.A.C. 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,…

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 fil…

(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 period…

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 R…

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…

(a) Households eligible for a certification period of three months or less at the time of certification, shall have their certification periods increased by one month if the certification process is completed after the 15th day of the month of application and the household's circ…

(a) Eligibility for recertification shall be determined by circumstances anticipated for the certification period beginning with the month following the expiration of the current certification period. The level of benefits for recertification shall be based on the same anticipate…

As a result of anticipated changes, a household may be eligible for the month of application but ineligible in the subsequent month. Such households shall be entitled to benefits for the month of application even if the processing of its application results in benefits being issu…

(a) A household may be ineligible for the month of application, but eligible in the subsequent month due to anticipated changes in circumstances. Even though denied for the month of application, the household does not have to reapply in the subsequent month. The same application …

As a result of anticipated changes, the household's allotment for the application month may differ from its allotment in subsequent months. The CWA must establish a certification period for the longest possible period in accordance with N.J.A.C. 10:87-6.20, over which changes in …

The procedures contained in N.J.A.C. 10:87-6.8 and 6.9 shall be used to determine financial eligibility and benefit levels (see also N.J.A.C. 10:87-7 for households with special income circumstances). Notes N.J. Admin. Code § 10:87-6.7 Amended by R.1989 d.121, effective 2/21/1989…

Notes N.J. Admin. Code § 10:87-6.8 Amended by R.1989 d.121, effective 2/21/1989. See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b). Substituted "prescribed at" for "described in". Amended by R.2009 d.94, effective 3/16/2009. See: 40 N.J.R. 5932(a), 41 N.J.R. 1245(b). Updated the N.J.A.C. …

(a) For the purposes of determining the household's eligibility and basis of issuance, the CWA shall consider the income already received by the household during the certification period and any anticipated income that the household and the CWA are reasonably certain will be rece…

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. Notes N.J. Admin. Code § 10:87-7.1 Amended by R.1989 d.121, effectiv…

(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…

(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 eligi…

(a) Homeless NJ SNAP households shall be permitted to use their NJ SNAP benefits to purchase prepared meals from approved homeless meal providers (see N.J.A.C. 10:87-2.10(e) ). (b) Homeless meal providers are public or private nonprofit organizations as defined by the IRS, that a…

Notes N.J. Admin. Code § 10:87-7.13 As amended on an emergency basis, R.1981 d.398, effective 9/30/1981 (operative October 1, 1981), expired November 30, 1981. See: 13 New Jersey Register 769(a). Readopted, R.1981 d.517, effective 12/31/1981. See: 13 New Jersey Register 769(a), 1…

Notes N.J. Admin. Code § 10:87-7.14 Recodified to N.J.A.C. 10:87-7.7(a)-(d) by R.2004 d.181, effective 5/17/2004. See: 36 New Jersey Register 28(a), 36 New Jersey Register 2425(a). Section was "Treatment of income and resources of certain nonhousehold members".

Notes N.J. Admin. Code § 10:87-7.15 Recodified to N.J.A.C. 10:87-7.7(e)-(f) by R.2004 d.181, effective 5/17/2004. See: 36 New Jersey Register 28(a), 36 New Jersey Register 2425(a). Section was "Treatment of income and resources of other nonhousehold members".

Notes N.J. Admin. Code § 10:87-7.16 Amended by, R.1980 d.117, effective 3/19/1980. See: 11 New Jersey Register 517(a), 12 New Jersey Register 194(b). (a): In first sentence, deleted "s" in "Narcotics", deleted "FNS-authorized" after "participate in". (e): Added requirement to ret…

Notes N.J. Admin. Code § 10:87-7.17 As amended, R.1981 d.97, effective 4/9/1981. See: 13 New Jersey Register 96(c), 13 New Jersey Register 228(a). (a): "Students" was "tax dependents", "N.J.A.C. 10:87-2.3(a)5" was "3.22". R.1982 d.474, effective 1/3/1983. See: 14 New Jersey Regis…

Notes N.J. Admin. Code § 10:87-7.18 Recodified to N.J.A.C. 10:87-7.11 by R.2004 d.181, effective 5/17/2004. See: 36 New Jersey Register 28(a), 36 New Jersey Register 2425(a). Section was "Deeming of income and resources of alien sponsors".

Notes N.J. Admin. Code § 10:87-7.19 Recodified to N.J.A.C. 10:87-7.12 by R.2004 d.181, effective 5/17/2004. See: 36 New Jersey Register 28(a), 36 New Jersey Register 2425(a). Section was "Homeless Food Stamp households and homeless meal providers".

(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 t…

Notes N.J. Admin. Code § 10:87-7.20 New Rule, R.1998 d.498, effective 10/5/1998. See: 30 New Jersey Register 1928(a), 30 New Jersey Register 3669(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 "Day…

(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 t…

(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, th…

(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, machiner…

Households that receive their annual support from self-employment and have no other source of income shall be certified in accordance with N.J.A.C. 10:87-6.26(f). Notes N.J. Admin. Code § 10:87-7.6 Amended by R.1989 d.121, effective 2/21/1989. See: 20 New Jersey Register 2689(a),…

(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…

(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 …

(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 au…

(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 pre…

(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 a…