Current through Register Vol. 56, No. 18, September 16, 2024
(a) DFD shall
maintain and use the Income and Eligibility Verification System (IEVS) as
specified in this section. By means of IEVS, DFD shall request wage and benefit
information from the agencies identified below and use that information in
verifying eligibility for, and the amount of, NJ SNAP benefits due to eligible
households.
1. Such information shall be
requested and used with respect to all household members, including any
excluded household members, as specified at
10:87-7.7, whenever the SSNs of
such included household members are available. (If not otherwise documented,
DFD shall obtain written agreements from those information provider agencies
that they shall not record any information about individual NJ SNAP households
and that staff of those agencies are subject to the disclosure restrictions at
10:87-1.14) .
2. The wage and benefit information available
through IEVS are:
i. Wage information
maintained by the State Wage Information Collection Agency (SWICA);
ii. Information about net earnings from
self-employment, wages, and Internal Revenue Service (IRS) data, retirement
payments and unearned income maintained by the SSA and available pursuant to
sections 6103(1)(7)(A) and (B) of the IRS Code; Federal retirement, survivors,
disability, SSI and related benefit information available from the SSA;
and
iii. Claim information from the
agency administering Unemployment Insurance Benefits (UIB) and any information,
in addition to information about wages and UIB, which is useful for verifying
eligibility and benefits, subject to the provisions and limitations of section
303(d) of the Social Security Act.
(b) DFD shall exchange information with other
State agencies administering certain other programs in the IEVS about NJ SNAP
households' circumstances which may be of use in establishing or verifying
eligibility and/or benefits under the program. CWAs may exchange information
with agencies in other states when they determine that the same objectives are
likely to be met.
1. These programs are:
i. Work First New Jersey/Temporary Assistance
for Needy Families (WFNJ/TANF);
ii.
Medicaid;
iii. Unemployment
Compensation (UC);
iv. NJ SNAP;
and
v. Any State program
administered under a plan approved under Title I, X, or XIV (the adult
categories), or Title XVI of the Social Security Act.
2. DFD shall provide information to people
administering the Child Support Program (Title IV-D of the Social Security Act)
and Titles II (Federal Old Age, Survivors, and Disability Insurance Benefits)
and XVI (Supplemental Security Income for the Aged, Blind, and Disabled) of the
Social Security Act.
(c)
The CWA shall use information obtained from IEVS for the purposes of:
1. Verifying a household's
eligibility;
2. Verifying the
proper amount of benefits;
3.
Investigating to determine whether participating households received benefits
to which they were not entitled; and
4. Obtaining information which will be used
in conducting criminal or civil prosecutions based on receipt of benefits to
which participating households are not entitled.
(d) CWAs shall request through DFD, and use
information about members of all applicant households as specified below:
1. Information shall be requested at the next
available opportunity after the date of application even if the applicant
household has been determined eligible by that time. Information about members
of applicant households who cannot provide SSNs at application shall be
requested at the next available opportunity after the CWA is notified of the
household members' SSNs. Information received within the 30-day application
period shall be used to determine household eligibility and benefits if the
information is received timely enough. However, CWAs shall make eligibility and
benefit determinations without waiting for receipt of IEVS data to conform with
the promptness standards at
10:87-2.26. Information received
after an eligibility determination has been made shall be used as specified in
(e) and (f) below.
2. Information
from the SWICA, SSA, IRS, and claim information from the agency administering
UIB shall be requested and used as specified in (d)1 above. Requests to SWICAs
shall access the most recent SWICA data available. Requests to SSA and IRS
shall be submitted according to procedures specified by those
organizations.
3. Any information,
other than wage and UIB which UC agencies may have and that DFD determines
would be useful in verifying eligibility or benefits of applicant households,
shall be requested by methods and at intervals to which DFD and UC agencies
agree, and shall be used as specified in paragraph (d)1 above; and
4. Exchanges of information about applicant
households with other programs specified in (b) above shall be made as the DFD
and other programs may agree.
(e) Except as provided in (e)7 below, with
respect to all members of recipient households, DFD shall:
1. Request information from the SWICA
quarterly, such requests shall include all households which participated in any
month of the quarter;
2. Request
information about household members from SSA data bases no later than the
second month of the certification period, when requests at application did not
establish automatic reporting to the CWA of changes in SSA data. Requests shall
be submitted according to procedures specified by the SSA;
3. Request information from IRS annually for
all current recipients. Requests shall be submitted to IRS according to
procedures specified by the IRS;
4.
Exchange information with other programs specified in paragraph (a) above as
the DFD and these other programs may agree;
5. Request information about UIB from the
agency administering that program as follows:
i. For all household members about whom
requests at application indicate no receipt of UIB, information shall be
requested for the three months following the month of application or until the
receipt of UIB is reported, whichever is earlier; and
ii. For all household members who report a
loss of employment, information shall be requested for the three months
following the month the loss is reported or when it is considered verified upon
receipt of UIB, SDX, Social Security, and so forth, whichever is earlier;
and
6. Request from UC
agencies any information other than UIB information which DFD determines would
be useful in verifying eligibility or benefits of recipient households.
Requests shall be made by methods and at intervals to which the DFD and the UC
agencies agree.
7. Under certain
conditions DFD may exclude from the requests for information specified in this
subsection those members of recipient households who are participating in one
of the other programs listed in (b) above. The conditions for such exclusion
are that:
i. The agency responsible for
administering the other program is requesting and acting on information on NJ
SNAP recipients who are participating in that program as required by the
pertinent regulations for that program, including any concerning selective
criteria for follow-up action;
ii.
The other program agency agrees to inform the CWA of the information obtained
from its follow-up action when that information shows discrepancies between
actual circumstances of NJ SNAP recipients and circumstances known by the other
program agency;
iii. The other
program agency agrees to make available, at the request of the CWA, information
about NJ SNAP recipients that it did not follow up on; and
iv. The follow-up action taken by the other
program agency is at least as beneficial as similar action would be if taken by
the CWA.
(f)
With respect to information received as a result of requests made according to
(e) above, CWAs shall initiate and pursue actions according to the specific
attachment to the State Plan of Operation.
1.
CWA action on information items about recipient households shall include:
i. Reviewing the information and comparing it
to case record information;
ii. For
all new or previously unverified information received, contacting the
households to resolve discrepancies as specified in (d) and (e)
above.
iii. If discrepancies
warrant reducing benefits or terminating eligibility, sending out notices of
adverse action.
2. CWAs
shall initiate and pursue the actions specified above so that they are
completed within 45 days of receipt of the information. Actions may be
completed later than 45 days from the receipt of information on no more than 20
percent of the information if:
i. The only
reason that the actions cannot be completed is the nonreceipt of verification
requested from collateral contacts; and
ii. The actions are completed, as specified
in 10:87-9.5, when verification from
a collateral contact is received or, in conjunction with the next case action,
when such verification is not received, whichever is earlier.
3. When the actions specified in
(f)1 above substantiate an overissuance, CWAs shall take action on claims as
specified at
10:87-11.20.
4. State agencies shall use appropriate
procedures to monitor the timeliness requirements in (f)2 above.
5. Except for the claims actions specified in
(f)3 above, under the conditions of (e)7 above, CWAs may exclude from the
actions required in (f) above, information items pertaining to household
members who are participating in one of the other programs listed in (b)
above.
(g) IEVS
information and quality control responsibilities are:
1. In compliance with Federal regulations,
the DFD uses an administrative system (IEVS) to measure the extent and number
of, and occasion and basis for, errors of benefit issuance and/or eligibility
in the program.
2. The CWA shall be
responsible for investigating and then initiating and implementing actions
designed to bring the incidence of errors, as established by DFD's Bureau of
Quality Control, within certain pre-set tolerance limits.