Current through Register Vol. 56, No. 18, September 16, 2024
(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 will have
10 days after the adverse action notice is sent to comply with the NJ SNAP ETP
activity requirements, or show good cause as to why he or she has not complied.
Failure to comply or show good cause shall result in an NJ SNAP
disqualification penalty in accordance with
10:87-10.16;
2. When response to the adverse action notice
results in an agreement to begin a new activity or continue with the previously
assigned activity, or if the client shows good cause for not complying with his
or her NJ SNAP ETP activity, no further action shall be taken to impose the NJ
SNAP disqualification penalty; and/or
3. If the client fails to comply with his or
her NJ SNAP ETP activity after agreeing to begin a new activity or fails to
continue with his or her previously assigned activity, without good cause, the
client shall be sent an adverse action notice reauthorizing the imposition of
the original NJ SNAP disqualification penalty.
(b) Ten days after the adverse action notice
has been issued, the CWA shall begin the disqualification period in accordance
with 10:87-10.16.
1. The following information shall be
provided in the 10-day adverse action notice:
i. A description of the
non-cooperation;
ii. Announcement
of the imposition of the NJ SNAP disqualification, the penalty and the
duration; and
iii. Encouragement to
cooperate before the case closes.
2. 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 non-exempt status or a CWA/LWD determination of failure
to comply with the work registration and/or work and training requirements of
this subchapter (see
10:87-10.17) .
3. If the individual who committed the
violation is the head of household, a new head of household shall be determined
in accordance with
10:87-2.6.
4. If the individual who committed the
violation is the only adult member of the household able to act on its behalf
and the CWA has determined that no one else is available to serve as an
authorized representative, then the disqualified household member may serve as
an authorized representative in accordance with
10:87-2.10.
(c) An NJ SNAP recipient subject to the
able-bodied adults without dependents (ABAWDS) provisions, who is in his or her
third full month of receiving NJ SNAP benefits without having met the work
requirements, shall not be entitled to any further NJ SNAP benefits without
reestablishing eligibility in accordance with
10:87-10.20.
1. Good cause shall not exist for an NJ SNAP
recipient who is subject to the ABAWDS provisions and who has received three
months of NJ SNAP benefits while not participating as required.
2. In the situation described at (c) above,
such individuals shall be sent a notice of adverse action informing them that
their NJ SNAP benefits will be terminated or denied, as applicable to the
household's situation. These individuals shall be referred to LWD, which can
provide services and activities for the ABAWDS to reestablish eligibility in
accordance with
10:87-10.20(d).