Current through Register Vol. 56, No. 18, September 16, 2024
(a) Disabled and
blind residents of a group living arrangement (GLA) who receive benefits under
Title II or Title XVI of the Social Security Act may apply either through use
of an authorized representative employed and designated by the GLA or on their
own behalf or through an authorized representative of their own
choice.
(b) The GLA shall determine
if a resident may apply on their own behalf based on the resident's physical
and mental abilities to handle their own affairs. Some residents of the GLA may
apply on their own behalf while other residents of the same GLA may apply
through the GLA's representative. The GLA is responsible for complying with the
requirements set forth in this subchapter and at
10:87-2.7(e) and
10:88-3.5.
1. If the resident applies through the use of
the GLA as authorized representative, his or her eligibility shall be
determined as a one person household.
2. If the residents apply on their own
behalf, the household size shall be in accordance with provisions set forth at
10:87-2.7(e).
i. If the resident has made application on
his or her own behalf, the household is responsible for reporting changes to
the CWA in accordance with provisions set forth at
10:87-9.5. The resident applying
on his or her own behalf shall be responsible for any overissuances that may
occur.
3. Whether the
resident applies on his or her own behalf or through the GLA as their
authorized representative, the NJ SNAP benefits always belong to the resident
and not to the facility.
(c) CWA responsibilities are as follows:
1. Prior to certifying any residents, the CWA
shall verify that the GLA is authorized by FNS or is certified by the
appropriate agency of the State, including the agency's determination that the
facility is a nonprofit organization.
2. The CWA shall certify residents of GLAs by
using the same provisions that apply to all other applicant households except
that certification may also be accomplished through the use of an authorized
representative of the GLA or another representative chosen by the
applicant.
3. The CWA
responsibilities applicable to SACs regarding certification, expedited
processing, normal processing, processing changes and recertifications found at
10:87-7.8(b)2
through 8 also apply to GLA facilities.
4. At least once every three months, the CWA
shall conduct a random on-site visit to the facility to ensure the accuracy of
the participating resident list provided by the GLA and to ensure that the
CWA's records are consistent and up-to-date.
5. If the CWA determines administratively or
judicially that benefits have been misappropriated or used for purchases that
do not contribute to a certified household's meals, the CWA shall promptly
notify DFD who will notify FNS.
6.
If the GLA is disqualified by FNS as an authorized retail food store, the CWA
shall suspend its authorized representative status for the same time, however,
residents applying on their own behalf shall still be able to participate, if
otherwise eligible.
(d)
GLA responsibilities are as follows:
1. The
GLA may act as a household's authorized representative for up to 16 persons and
is responsible for reporting changes in the income or other household
circumstances (see also
10:87-9.5) , as well as, when the
individual leaves the GLA.
i. As authorized
representative, the facility shall be knowledgeable about household
circumstances and shall carefully review those circumstances with residents
prior to applying on their behalf.
2. The same provisions applicable to
residents of SACs as provided at
10:87-7.8(c)3
apply to blind or disabled residents of GLA facilities when the facility acts
as the resident's authorized representative.
3. The same provisions applicable to SACs
found at 10:87-7.8(c) 5
through 7 also apply to GLAs when acting as authorized representatives. These
provisions, however, are not applicable if a resident has applied on his or her
own behalf. The resident applying on his or her own behalf shall be responsible
for overissuances as would any other household.
4. On a monthly basis, the GLA shall provide
to the CWA a list of currently participating residents that includes a
statement signed by a responsible facility official attesting to the validity
of the list.
(e) CWA and
GLA responsibilities upon a resident's leaving are as follows:
1. The following applies when a household
leaves a GLA which acted as an authorized representative:
i. That GLA no longer acts as an authorized
representative for that household and is not entitled to use or access any of
the household's benefits he or she receives after the client has left the GLA.
The GLA shall immediately notify the CWA and inform the household to contact
the CWA as soon as possible. Upon notification from the GLA, the CWA will
immediately inactivate the household's Families First card.
ii. Prior to informing the CWA of a
recipient's departure, the GLA shall ensure that it has debited/credited the
recipient's Families First account with the appropriate amount of the monthly
benefit.
iii. If possible, the GLA
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 GLA and
shall advise the household to return the form to the appropriate CWA office
within 10 working days.
iv. The GLA
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 GLA.
v. If benefits have been issued and not used
by the GLA on behalf of that individual household, the GLA is not entitled to
access the household's benefit. This policy is applicable at any time during
the month.
vi. If benefits have
already been issued and any portion accessed by the GLA on behalf of the
household, the following procedures shall be adhered to:
(1) If the household left the GLA prior to
the 16th of the month, the GLA 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 GLA has already debited the
household's NJ SNAP benefit account for more than one-half of the monthly
allotment, the GLA shall credit the account with an amount equal to one-half of
the monthly allotment by performing an NJ SNAP benefit return.
(2) If the household left the GLA on or after
the 16th day of the month, and the household's allotment has already been used
and accessed by the GLA, the household is not entitled to receive any benefits.
However, the household, not the GLA, shall be allowed to receive any remaining
benefits posted to the Families First account at the time the household leaves
the center.
vii. Upon
leaving the GLA, the household shall be directed to 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.
2. If the
resident has made application on his or her own behalf and the GLA is not
acting as his or her authorized representative, the household not the GLA, is
responsible for reporting changes to the CWA. When the household leaves the
GLA, the household, not the GLA, is entitled to the full allotment. This
procedure is appropriate any time of the month.