New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 167D - LIFELINE CREDIT PROGRAM/TENANTS LIFELINE ASSISTANCE PROGRAM MANUAL
Subchapter 5 - RECOVERIES
Section 10:167D-5.1 - Benefits incorrectly paid

Universal Citation: NJ Admin Code 10:167D-5.1

Current through Register Vol. 56, No. 18, September 16, 2024

(a) The Department shall take all necessary action to recover the Tenants Assistance payments incorrectly or illegally made or the Lifeline Credit incorrectly or illegally applied, on behalf of an electric and/or gas utility customer, from the residential utility customer and any party or parties whose action or inaction resulted in the incorrect payment or from their respective estates, as the case may be. The action shall include, but is not limited to:

1. Requesting the Attorney General to commence civil actions;

2. Reducing subsequent benefits from the Lifeline Programs to which the beneficiary may be entitled;

3. Reducing New Jersey State income tax refunds to which the beneficiary may be entitled; and

4. Reducing New Jersey Homestead Rebates to which the beneficiary may be entitled.

(b) The term "incorrect credit" includes, but is not limited to, credit given to an electric and/or gas residential utility customer who is no longer eligible, or has been incorrectly determined to be eligible to receive credit.

(c) The term "illegal credit" includes, but is not limited to, credits made as a result of any false statement or representation by the applicant, or by the deliberate concealment of a material fact by the applicant.

(d) The term "incorrect payment" includes, but is not limited to, payments made to a beneficiary who is no longer eligible, or who has been incorrectly determined to be eligible to receive payment.

(e) The term "illegal payment" includes, but is not limited to, payments made as a result of any false statement or representation by the applicant, or by the deliberate concealment of a material fact by the applicant.

(f) For the purposes of carrying out the provisions of this section, no public utility, as defined herein, shall be held liable for any Lifeline Credit either improperly or illegally obtained by a beneficiary once that beneficiary has been identified by the appropriate State instrumentality and made known to the utility as an eligible beneficiary.

1. When a public utility becomes aware that a Lifeline Credit has been improperly credited to the account of an ineligible customer or that an eligible residential utility customer has been credited in an amount in excess of the statutory limit, the utility shall immediately advise the Department. The Department will investigate the incident and advise the public utility of the appropriate action to take.

(g) All applicants and beneficiaries shall have the right to a hearing, through the Office of Administrative Law, to contest denials, eligibility determinations or recoveries.

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