Current through Register Vol. 56, No. 18, September 16, 2024
(a) Individuals
in (a)1 and 2 below residing with a household shall not be considered household
members in determining a household's eligibility or allotment.
1. The following nonhousehold members who are
otherwise eligible may participate in the program as separate households:
i. Individuals to whom a household furnishes
lodging, but not meals, for compensation, otherwise known as roomers;
ii. Individuals who reside in a household to
provide medical, housekeeping, child care or other similar personal services,
otherwise known as live-in-attendants; and
iii. Other individuals who share living
quarters with the household but who do not customarily purchase and prepare
meals with the household. For example, if the applicant household shares living
quarters with another family to save on rent but does not purchase and prepare
food together with that family, the members of the other family are not members
of the applicant household.
2. The following nonhousehold members are
ineligible to participate in the program as separate households:
i. Persons enrolled in an institution of
post-secondary education who are ineligible because they fail to meet the
eligibility criteria at
10:87-3.14(d).
(b) Boarders are
defined as individuals or groups of individuals residing with a household and
paying reasonable compensation to the household for lodging and meals,
excluding residents of a commercial boarding house.
1. Boarders are ineligible to participate in
the program independent of the household providing boarder services to them.
Boarders may only participate in the program as members of the household
providing the boarder services to them, at such household's request. Boarders
who are included in the household shall have all income and resources counted
in determining the household's eligibility.
2. In no event shall boarder status be
granted to children or siblings residing with elderly or disabled parents or
siblings or to those individuals or groups of individuals described at
10:87-2.2(c).
3. To determine if an individual qualifies
for boarder status, it is necessary to determine if the individual is paying
reasonable compensation for meals and lodging. Only that amount paid for meals
shall be used in determining reasonable payment provided that the amount paid
for meals is distinguishable from the amount paid for lodging. A reasonable
monthly payment shall be either of the following:
i. Boarders whose board arrangement is for
more than two meals per day shall pay an amount which equals or exceeds the
maximum benefit allotment (MBA) for the appropriate size of the boarder
household; or
ii. Boarders whose
board arrangement is for two meals or less per day shall pay an amount which
equals or exceeds two-thirds the MBA for the appropriate size of the boarder
household.
4. Boarder
status shall not be extended to an individual who is furnished both meals and
lodging by a household but is paying compensation of less than a reasonable
amount (as specified in (b)3 above). Such individual shall be considered a
member of the household which provides the meals and lodging and shall have his
or her income and resources counted in determining the eligibility and benefits
of the household with whom the individual boards.
5. None of the income and resources of
individuals determined to be boarders and who are not members of the household
providing boarder services shall be considered available to such household.
However, the amount of the payment that a boarder gives to a household shall be
treated as self-employment income to the household in accordance with
10:87-5.4(a)3.
6. Foster individuals cannot be required to
be included in the household with whom they reside. The household has the
option of including foster individuals in the household, but if it elects not
to do so, then the foster individuals shall be treated as boarders. Likewise,
children who are placed in a household under a guardianship arrangement shall
be treated in a manner similar to foster children and adults. That is, the
household has the option of including the individual under guardian care in the
household for NJ SNAP purposes, or excluding the individual from the household.
Any payment that the household receives for the care of the individual under
guardianship care shall be either included in household income, if the
household elects to include the individual in the NJ SNAP household, or
excluded from household income if the household decides to exclude the
individual from the household.
(c) The following individuals residing with a
household shall be excluded from the household when determining the household's
size for the purposes of assigning a benefit level to the household or of
comparing the household's monthly income with the income eligibility standards.
However, the income and resources of an excluded household member shall be
considered available to the remaining household members in accordance with
10:87-7.7. Excluded household
members may not participate in the program as separate households.
1. Individuals disqualified for intentional
program violation (see
10:87-11.1 through
11.10);
2. Individuals disqualified
for failure to obtain or refusal to provide a Social Security number (see
10:87-3.15);
3. Individuals who do not attest to or meet
the citizenship or eligible alien status requirements at
10:87-3.6, 3.7 and 3.8 or the
eligible sponsored alien requirements at
10:87-7.11(a);
or
4. Individuals disqualified for
noncompliance with the work registration, employment and training program, or
voluntary quit provisions at
10:87-10.5 and 10.15 through
10.20.