Current through Register Vol. 56, No. 18, September 16, 2024
(a) During the
period of time that a household member cannot participate because he or she is
an ineligible alien, disqualified due to intentional program violation, refused
to obtain and provide a social security number, refused to comply with a work
registration requirement, or is ineligible for failing to sign the declaration
attesting to his or her citizenship or alien status, the eligibility and
benefit level of the remaining household member(s) shall be determined in
accordance with this section.
(b)
The eligibility and benefit level of any remaining household members of a
household containing individuals determined ineligible because of
disqualification for intentional program violation, voluntary quit or reduction
of work, duplicate participation in the Program, trafficking, being a fleeing
felon or parole violator, or refusal to comply with a work registration
requirement shall be determined as follows:
1. The resources of the ineligible household
member(s) shall continue to be counted in their entirety to the remaining
household members.
2. The income of
the ineligible household member(s) shall continue to be counted in its entirety
and the entire household's allowable 20 percent earned income, standard,
medical, dependent care, child support payments, and excess shelter deductions
shall continue to apply to the remaining household members.
3. The ineligible member(s) shall not be
included when determining the household's size for the purpose of:
i. Comparing the household's resources with
the resource eligibility limits;
ii. Comparing the household's monthly income
with the income eligibility standards; or
iii. Assigning a benefit level to the
household. The CWA shall ensure that no household's benefit allotment is
increased solely as a result of the exclusion of one or more household
members.
(c)
The eligibility and benefit level of any remaining household members of a
household containing individuals determined ineligible for being an ineligible
alien, for failing to sign the declaration attesting to his or her citizenship
or alien status, for not meeting the able-bodied adults without dependents
(ABAWDS) work activity requirement (10:87-10.20) , or because of
disqualification for refusal to obtain or provide a Social Security number
shall be determined as follows:
1. The
resources of such ineligible member(s) shall continue to count in their
entirety to the remaining household members.
2. A pro rata share of the income of such
ineligible member(s) shall be counted as income to the remaining member(s).
This pro rata share is calculated by first subtracting the allowable exclusions
(see 10:87-5.9) from the ineligible
members' income and then dividing the income evenly among the household
members, including the ineligible member(s). All but the ineligible members'
share is counted as income to the remaining household members.
3. The 20 percent earned income deduction
shall apply to the prorated income earned by such ineligible members which is
attributed to their households. That portion of the household's allowable
shelter, child support payments, and dependent care expenses which are either
paid by or billed to the ineligible member(s) shall be divided evenly among the
household members, including the ineligible member(s). All but the ineligible
members' share is counted as a deductible child support payment, shelter and/or
dependent care expense for the remaining household members.
4. The ineligible member(s) shall not be
included when determining the household's size for purposes of:
i. Comparing the household's resources with
the resource eligibility limits;
ii. Comparing the household's monthly income
with the income eligibility standard; or
iii. Assigning a benefit level to the
household.
(d) Whenever an individual is determined to
be ineligible within the household's certification period, the CWA shall
determine the eligibility or ineligibility of the remaining household members
based, insofar as possible, on information in the case record and shall take
the following action:
1. If a household's
benefits are reduced or terminated within the certification period because one
of its members was excluded because of disqualification for intentional program
violation, the CWA shall notify the remaining members of their eligibility and
benefit level at the same time the excluded member is notified of his or her
disqualification. The household is not entitled to a notice of adverse action
but may request a fair hearing to contest the reduction or termination of
benefits, unless the issue of the amount of the claim was addressed at the time
of the administrative disqualification hearing.
2. If a household's benefits are reduced or
terminated within the certification period for reasons other than an
Intentional Program Violation disqualification, the CWA shall issue a notice of
adverse action in accordance with
10:87-9.5(c)1 i
which informs the household of the ineligibility, the reason for the
ineligibility, the eligibility and benefit level of the remaining members, and
the action the household shall take to end the ineligibility.
(e) For those non-household
members who are ineligible for reasons other than those set forth at
10:87-2.3(c),
such as ineligible students (see
10:87-2.3(a)2 ) ,
the income and resources of the non-household member shall not be considered
available to the household with whom the individual resides.
1. Cash payments from the nonhousehold member
to the household will be considered income under the normal income procedures
at 10:87-5.5.
2. Vendor payments, as defined at
10:87-5.9(a)2,
shall be excluded as income.
3. If
the household shares deductible expenses with the nonhousehold member, only the
amount actually paid or contributed by the household shall be deducted as
household expenses. If payments or contributions cannot be differentiated, the
expenses shall be prorated evenly among persons actually paying or contributing
to the expense and only the household's pro rata share deducted.
4. When the earned income of one or more
household members and the earned income of a nonhousehold member are combined
into one wage, the income of the household members shall be determined as
follows:
i. If the household's share can be
identified, the CWA shall count that portion due to the household as earned
income.
ii. If the household's
share cannot be identified, the CWA shall prorate the earned income among all
those whom it was intended to cover and count that prorated portion to the
household.
(f) Nonhousehold members shall not be
included when determining household size for the following purposes:
1. Assigning a benefit level;
2. Comparing the household's monthly income
with the income eligibility standards; or
3. Comparing household resources with the
resource eligibility limits.
(g) An absent military person shall not be
included when determining household size and NJ SNAP benefit level.
1. Procedures for handling an absent military
person's income are:
i. Only monies actually
made available to the participating NJ SNAP household by the absent military
person are counted;
ii. Monies are
generally made available via a direct deposit of all or a portion of the absent
military person pay into a joint checking account; or
iii. When an allotment arrangement is made,
it is the absent military person who receives the allotment with the bulk of
his or her pay being sent directly to his or her family. Only that portion of
his or her pay that the participating household has access to shall be counted
when determining the household's earned income, regardless of the arrangement
made by the absent member for their military pay.
2. Procedures for handling an additional
payment received by a member of the United States Armed Services deployed to a
designated combat zone are as follows:
i.
This additional payment shall be excluded from the household's income for the
duration of the service member's deployment, if the additional pay is the
result of deployment to or serving in a combat zone, and it was not received
immediately prior to serving in the combat zone;
ii. Establish what amount of the absent
military person's pay was actually available to the household prior to
deployment.
(1) If the amount of pay made
available is equal to or less than the amount that the household was receiving
prior to deployment to a designated combat zone, all of the amount actually
made available to the household shall be counted as earned income.
(2) If the amount actually made available to
the household exceeds the amount the household was receiving prior to
deployment to a designated combat zone, that excess amount shall be excluded
when determining the household's earned income for NJ SNAP purposes;
and
iii. Determine the
amount of military pay that the absent military person deployed in a designated
combat zone is currently making available to his or her family.
(1) If the amount is equal to or less than
the amount the household was receiving prior to deployment, all of the amount
actually made available to the household shall be counted as earned
income.
(2) If the amount made
available exceeds the amount the household was receiving prior to deployment,
that excess amount shall be excluded when determining the household's earned
income.
