New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 87 - NEW JERSEY SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (NJ SNAP) MANUAL
Subchapter 7 - SPECIAL INCOME CIRCUMSTANCES
Section 10:87-7.8 - Residents of substance abuse treatment and rehabilitation programs

Universal Citation: NJ Admin Code 10:87-7.8

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Substance abusers, who regularly participate in publicly operated or private nonprofit substance abuse treatment and rehabilitation programs on a resident basis, may voluntarily apply for the NJ SNAP program.

1. Applications shall be made through an authorized representative who is employed by the substance abuse center (SAC) and designated by the center for that purpose (see also 10:87-2.7(e) ) . The CWA may require the household to designate the SAC as its authorized representative for the purpose of accessing the allotment on behalf of the household.

2. SAC residents shall have their eligibility determined as a one-person household unless their children are living with them, in which case their children shall be included in the household with the parent.

3. As an FNS authorized retailer, SACs shall redeem NJ SNAP benefits by using individual household Families First cards to access a point of sale (POS) device at the center.

(b) CWA responsibilities are as follows:

1. Prior to certifying any residents for NJ SNAP benefits, the CWA shall verify that the SAC is authorized by FNS as a retailer in accordance with 10:87-2.7(d)2 or that it comes under part B of Title XIX of the Public Health Service Act, 42 U.S.C. §§ 300x et seq.

2. The CWA shall certify residents of SACs using the same provisions that apply to all other households, including, but not limited to, notices of adverse action, fair hearings, and entitlement to lost benefits.

3. When expedited processing standards as described at 10:87-2.26 through 2.30 are necessary, eligibility for initial application shall be processed on an expedited basis and the CWA shall complete verification and documentation requirements prior to issuance of a second allotment.

4. When normal processing standards apply, the CWA shall complete the verification and documentation requirements prior to making an eligibility determination for the initial application.

5. The CWA shall process changes in household circumstances and recertifications by using the same standards that apply to all other households.

6. At least once every three months, the CWA shall conduct a random on-site visit to the center to ensure the accuracy of the participating resident list provided by the SAC and to also ensure that the CWA's records are consistent and up-to-date.

7. The CWA shall promptly notify DFD when it has reason to believe that a SAC is misusing benefits in its possession. However, the CWA shall take no action prior to FNS action against the SAC.

8. The CWA shall establish a claim for overissuances of NJ SNAP benefits held on behalf of resident clients as stipulated at 10:87-7.11(h) if any overissuances are discovered during an investigation or hearing procedure for redemption violations. If FNS disqualifies a SAC as an authorized retail food store, the CWA shall suspend its authorized representative status for the same period.

(c) SAC responsibilities are as follows:

1. As an authorized representative, the SAC shall be knowledgeable about household circumstances and shall carefully review those circumstances with residents prior to applying on their behalf.

2. The SAC shall notify the CWA of changes in the household's circumstances as provided at 10:87-9.5.

3. On a monthly basis, the SAC shall provide to the CWA a list of currently participating residents that includes a statement signed by a responsible center official attesting to the validity of the list.

4. After the household leaves the SAC, the SAC can no longer act as the household's authorized representative for certification purposes or for obtaining or accessing benefits.

5. The SAC shall be responsible for any misrepresentation or Intentional Program Violation that it knowingly commits in the certification of SAC residents.

6. The SAC shall be strictly liable for all losses or misuse of NJ SNAP benefits held on behalf of resident households and for all overissuances that occur while the households are residents of the SAC.

7. The SAC authorized by FNS as a retail food store shall be penalized or disqualified if it is determined administratively or judicially that benefits were misappropriated or used for purchases that did not contribute to a certified household's meals.

(d) CWA and SAC responsibilities upon a resident's leaving are as follows:

1. When a household leaves the SAC, the SAC shall immediately notify the CWA and inform the household to contact the CWA as soon as possible. Upon notification from the SAC, the CWA shall immediately inactivate the household's Families First card.
i. Prior to informing the CWA of a recipient's departure, the SAC shall ensure that it has debited/credited the recipient's Families First account with the appropriate amount of the monthly benefit.

ii. If possible, the SAC shall also provide the household with a change report form to report to the CWA the household's new address and other circumstances after leaving the SAC and shall advise the household to return the form to the appropriate CWA office within 10 working days.

iii. The SAC shall immediately return the Families First card (and ID card if one was issued) to the CWA if it was in the possession of the SAC.

2. If benefits have been issued and not used by the SAC on behalf of that individual household, the SAC is not entitled to access the household's benefit. This policy is applicable at any time during the month.

3. If benefits have already been issued and any portion accessed by the SAC on behalf of the household, the following procedures shall be followed:
i. If the household left the SAC prior to the 16th of the month, the SAC is not entitled to more than one-half of the household's monthly allotment. The household is entitled to the remaining half of the allotment and the CWA shall ensure that it is available in the household's Families First account. If the SAC has already debited the household's NJ SNAP account for more than one-half of the monthly allotment, the SAC shall credit the account with an amount equal to one-half of the monthly allotment by performing a NJ SNAP benefit return.

ii. If the household left the SAC on or after the 16th day of the month, and the household's allotment has already been used and accessed by the SAC, the household is not entitled to receive any benefits. However, the household, not the SAC, shall be allowed to receive any remaining benefits posted to the Families First account at the time the household leaves the center.

4. Upon leaving the SAC, the household shall visit the CWA to obtain a new Families First card, which will give the household access to any NJ SNAP benefits that remain available in the household's NJ SNAP benefit account.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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