Current through Register Vol. 56, No. 18, September 16, 2024
(a) The CWA
shall verify all other factors of eligibility not described at
10:87-2.19 prior to certification
only if they are questionable and affect the household's eligibility or benefit
level. To be considered questionable, the information on the application must
be inconsistent with statements made by the applicant, inconsistent with other
information on the application or previous applications, or inconsistent with
information received by the CWA prior to certification. When determining if
information is questionable, the CWA shall base the decision on each
household's individual circumstances. The fact that a household's expenses
exceed its income may be grounds for a determination that further verification
may be required. However, this fact shall not, in and of itself, be grounds for
a denial. Additionally, these decisions shall not prescribe verification based
on race, religion, ethnic background, or national origin, nor shall they target
groups such as migrant workers or American Indians. The CWA shall instead
explore with the household how it is managing, whether or not the household
receives excluded income or has resources, and how long the household has
managed under these circumstances. Certain special procedures described in this
section shall be followed when information concerning one of the following
eligibility requirements is questionable.
(b) When a household's statement that one or
more of its members is a U.S. citizen is questionable, the household shall be
asked to provide acceptable verification. Acceptable forms of verification
include birth certificates, religious records, voter registration cards, or
certificates of citizenship or naturalization provided by BCIS, such as
Identification Cards for Use of Resident Citizens in the U.S. (BCIS Form I-179
or BCIS Form I-197) or U.S. Passports.
1.
Participation in the WFNJ/TANF program shall be considered acceptable
verification of citizenship if verification was obtained for that household for
eligibility in that program.
2. If
the above forms of verification cannot be obtained and the household can
provide a reasonable explanation as to why verification is not available, the
CWA shall accept a signed "Affidavit of Citizenship" from someone who is a U.S.
citizen who declares, under penalty of perjury that the member in question is a
U.S. citizen.
3. The member whose
citizenship is in question shall be ineligible to participate until proof of
United States citizenship is obtained. Until proof of United States citizenship
is obtained, the member whose citizenship is in question shall have his or her
income, less a pro rate share, and all of his or her resources considered
available to any remaining household members as set forth at
10:87-7.7(c).
(c) A household which is applying
for NJ SNAP benefits has the responsibility to report all facts regarding its
individual circumstances. It is especially important to advise the household
that it must report and verify expenses it is incurring, particularly expenses
that might entitle it to NJ SNAP income deductions. Households have the right
to waive the reporting of expenses that will result in a deduction by signing
the NJ SNAP Income Deduction Waiver included on the application form.
Deductible expenses shall be verified if questionable and if allowing the
expense would actually result in a deduction. In accordance with
10:87-5.10(a)7
iv(1) and (2), the CWA shall verify that the household is entitled to a utility
allowance.
1. Households which wish to claim
shelter costs for a home that is unoccupied because of employment or training
away from home, illness or abandonment caused by a natural disaster or casualty
loss must provide verification of actual utility costs if the costs would
result in a deduction. These households also are responsible for providing
verification of any other shelter costs of the unoccupied home if the cost is
questionable and it would result in a deduction. The CWA is not required to
assist the household in obtaining verification of this expense if the
verification would have to be obtained from a source outside the
county.
2. If a deductible expense
must be verified and obtaining the verification may delay the household's
certification, the CWA shall advise the household that the household's
eligibility and benefit level may be determined without providing a deduction
for a claimed but unverified expense. Shelter costs would be computed without
including the questionable and unverified components. The standard utility
allowance shall be used if the household is entitled to claim it. If the
expense cannot be verified within 30 days of the date of application, the CWA
shall determine the household's eligibility and benefit level without providing
a deduction for the unverified expense.
3. If the household subsequently provides the
missing verification, the CWA shall redetermine the household's benefits, and
provide increased benefits, if any in accordance with the timeliness standards
on reported changes. The household shall be entitled to the restoration of any
benefits lost as a result of the disallowance of the expense only if the
expense could not be verified within the 30-day processing standard because the
CWA failed to allow the household sufficient time (as defined at
10:87-2.27(c) to
verify the expense. If the household would be ineligible unless the expense is
allowed, the household's application shall be handled as provided at
10:87-2.26 and 2.27.
(d) The CWA shall verify liquid
resources and whether or not moneys received by the household are loans
whenever such items are questionable.
1. When
verifying that income is exempt as a loan, a legally binding agreement is not
required. A simple statement signed by both parties which indicates that the
payment is a loan with an established repayment schedule shall be sufficient
verification.
2. If the household
receives payments on a recurrent or regular basis from the same source but
claims the payments are loans, the CWA may also require that the provider of
the loan sign an affidavit which states that repayments are being made or that
payments will be made in accordance with an established repayment
schedule.
(e) These
verification procedures shall be followed for those factors of eligibility
which are needed solely for purposes of determining the household's eligibility
for NJ SNAP benefits. For those factors of eligibility which are needed to
determine both the WFNJ/TANF eligibility and NJ SNAP eligibility, the CWA may
use the WFNJ/TANF verification rules. However, the CWA shall not delay the
household's NJ SNAP benefits if, at the end of 30 days following the date the
application was filed, the CWA has sufficient verification to meet NJ SNAP
verification requirements but does not have sufficient verification to meet the
WFNJ/TANF verification rules.
1. The CWAs
shall check each household member by name through the ALFX file to verify that
each individual is not already participating in the NJ SNAP program as part of
another household. The ALFX file is an alphabetical listing, within the State's
management information system, of the names of all individuals receiving
WFNJ/TANF and NJ SNAP benefits in New Jersey. The ALFX file is available on
computer terminal, and enables a worker to locate an individual's case record,
when the case number is not known, by alphabetic cross-reference to all cases
and recipients in the State.
