Current through Register Vol. 56, No. 18, September 16, 2024
(a) Simplified
reporting cases consist of earned income and unearned income households. The
certification period is for 12 months with a six-month interim contact. For
elderly (60 years of age or older) or disabled households with only unearned
income, the certification period is for 24 months with a 12-month interim
contact. WFNJ recipients with only unearned income are not eligible for
simplified reporting. Additionally, those elderly or disabled households that
exceed the 185 percent of the Federal Poverty Level, and are not required to
meet a gross income test, cannot be included in simplified reporting no matter
what earned or unearned income that household has. NPA households eligible for
simplified reporting are households with any combination of earned and unearned
income and households whose only income is unearned from sources, such as child
support; Retirement, Survivors and Disability Insurance; Unemployment Insurance
benefits and so forth.
1. When changes occur
within the certification period, which affect a household's eligibility or
benefit allotment, action shall be taken by the CWA to adjust the household's
eligibility when it is a reportable change, reported by the household and/or
the CWA becomes aware of the change. The only change that a household on
simplified reporting is required to report during the certification period is
when the total monthly household income exceeds 130 percent of the Federal
Poverty Level, which is the maximum gross income eligibility limit for the NJ
SNAP program.
i. Expanded categorical
households are required to report changes in income over 185 percent of the
Federal Poverty Level.
ii. ABAWDs
are required to report whenever their weekly work hours fall below the 20 hours
weekly average.
iii. Certified
households are required to report changes within 10 days of the date the change
becomes known to the household.
2. The household is required to report if
there is a change of gross unearned income of more than $ 50.00; a change in
gross earned income of $ 100.00 or more; or a change in residence and the
resulting change in shelter cost on the six-month/12-month interim report. If
the household reports a non-reportable change, the CWA is responsible to act on
that change when it becomes known to the CWA.
3. An Interim Reporting Form (IRF) WFNJ/NJ
SNAP-4 is sent to the household at the six-month or 12-month interim contact
depending on whether the certification period is for 12 months or 24 months.
i. The agency shall mail the IRF to the
recipient in the fifth- or 11th-month of the certification period. The
recipient will complete the IRF by providing corrections if needed or indicate
that there are no changes and return the completed signed and dated IRF to the
CWA by the designated date. If the IRF is received completed but not dated by
the recipient, the CWA shall date the form on the date it was received. If no
changes have occurred, the IRF shall be filed in the case record. If a change
has occurred, the CWA shall obtain the required verification. If the required
verification is received timely, the case will continue the certification
period until the 12th- or 24th-month. If the required verification is not
received timely, the case shall go into suspension in the seventh- or the
13th-month. If the required verification is received during the suspension
month, the case shall continue the 12- or 24-month certification. If either no
contact is made or the verification is not received during the suspension
month, the case will close. If the case closes, a new application shall be
filed by the household in order to receive NJ SNAP benefits. Under all
circumstances, a completed IRF must be in the case record. If the reported
change makes the household ineligible the case shall be terminated.
(b) Change reporting
households are those households not on simplified reporting. The certification
period is for 12 months. These households are required to report changes within
10 days of the date the change becomes known to the household.
1. Change reporting households shall be
required to report the following:
i. New
employment within 10 days of the date that they receive their first
pay;
ii. Changes in the source of
unearned income or a change in the amount of unearned income of $ 50.00 or more
and/or a change in the amount of earned income of more than $ 100.00. Changes
in either the WFNJ/TANF grant or the WFNJ/GA grant where the CWA is
administering the WFNJ/GA program for the locality in which the recipient
resides are not required to be reported;
iii. All changes in household composition,
such as the addition or loss of a household member (see
10:87-2.2 and 2.3) and a child
turning 18 years old;
iv. Changes
in residence and the resulting change in shelter costs; and
v. Changes in the amount received as a result
of a legal obligation including, but not limited to, changes such as
termination of an obligation to pay child support.
2. A household is not required to report
changes in the amount of child support it pays.
(c) The CWA shall treat the submission of the
report of change as a waiver of the household's right to a notice of an adverse
action.
1. During the household's
certification period, when a CWA obtains information about changes in a
household's circumstances but is unable to adjust the household's benefit
without requesting written clarification, the Request for Contact (RFC) Letter
shall be utilized. The RFC shall only be used when the CWA already has
information about the household that needs further clarification. If the CWA
does not have any information that requires further contact with the household,
CWAs are prohibited from contacting the household until the next
recertification, unless it is to refer them to appropriate employment and
training activities.
i. If the household
responds to the RFC, the CWA shall act on the new circumstances in accordance
with (c)3 below.
ii. If the
household does not respond to the RFC, or responds but fails to provide
sufficient information to clarify its circumstances, the CWA shall take
appropriate action, that is, issue a notice of adverse action, closing the
case. As an alternate action, the CWA may choose to suspend the case for one
month before closing it.
2. The appropriate change report form (NJ
SNAP 922, 922A or 922B) and an Income Maintenance NJ SNAP Explanation sheet (NJ
SNAP-933) shall be provided to newly certified households at the time of
certification, at recertification if the household needs a new form; and a new
form shall be sent to the household whenever a change report form is returned
by the household. The CWA shall provide a stamped self-addressed envelope with
the form. Although households should be encouraged to complete and return the
change form when a change is being reported, changes reported over the
telephone or in person by the household shall be acted on in the same manner as
those reported on the change report form.
3. The CWA shall advise the household of its
responsibilities to report changes within the required time period. The CWA is
required to take prompt action on all changes reported by the household to
determine if the change affects the household's eligibility or allotment. Even
if there is no change in allotment, the CWA shall document the change in the
case record, and for those households not on simplified reporting, provide
another change report form (NJ SNAP-922) to the household. The CWA shall notify
any household of the receipt of the change report and effect of the change, if
any, on its benefits. Restoration of lost benefits shall be provided to any
household if the CWA fails to take action on a change which increases benefits
within the time limits specified below.
i. For
changes which result in an increase in a household's benefits, other than
changes described in ii below, the CWA shall make the change effective not
later than the first allotment following the 10th day after the date the change
was reported to the CWA. For example, a $ 30.00 decrease in income reported on
the 15th day of May would increase the household's June allotment. If the same
decrease were on May 28, and the household's normal issuance cycle was on June
1, the household's allotment would have to be increased by July.
ii. For changes which result in an increase
in a household's benefits due to the addition of a new household member who is
not a member of another certified household, or due to a decrease of $ 50.00 or
more in the household's gross monthly income, the CWA shall make the changes
effective no later than the first allotment issued 10 days after the date the
change was reported. However, in no event shall these changes take effect any
later than the month following the month in which the change is reported.
Therefore, if the change is reported after the 20th of a month and it is too
late for the CWA to adjust the following month's allotment, the CWA shall issue
a supplementary benefit by the 10th day of the following month.
(1) When a household's circumstances change
and it becomes entitled to a different income eligibility standard, the CWA
shall apply the different standard at the next recertification or whenever the
CWA changes the household's eligibility, benefit level, or certification
period, whichever occurs first.
(2)
Verification required by
10:87-2.19 through 2.22, must be
obtained prior to the issuance of the second normal monthly allotment after the
change is reported. If the household does not provide verification, the
household's benefits will revert to the original benefit level. In cases where
the CWA has determined that a household has refused to cooperate, as defined at
10:87-2.14 through 2.17, the CWA
shall terminate the household's eligibility. If the CWA increases a household's
benefits to reflect a reported change but subsequent verification indicates
that the household was entitled to fewer benefits, the CWA shall establish a
claim in accordance with
10:87-11.20.
iii. If the household's benefit level
decreases or the household becomes ineligible as a result of the change, the
CWA shall issue a notice of adverse action within 10 days of the date the
change was reported, unless one of the exemptions to the notice of adverse
action in (g) and (h) below applies. The decrease in the benefit level shall be
made effective no later than the allotment for the month following the month in
which the notice of adverse action period has expired, provided a fair hearing
and continuation of benefits have not been requested. The CWA shall postpone
obtaining verification required by
10:87-2.19 through 2.22 until the
case is next recertified.
4. Certain changes are initiated by the State
or Federal government that may affect the entire caseload or significant
portions of the caseload. These mass changes include annual adjustments to the
net income eligibility standards and the shelter/dependent care deduction;
adjustments to the maximum benefit allotment and standard deduction; seasonal
adjustments to the utility standard; periodic cost-of-living adjustments to
Social Security, SSI and other Federal benefits; Federally-mandated reductions,
suspensions or cancellations of NJ SNAP benefits; periodic adjustments to
WFNJ/TANF and other changes in the eligibility criteria based on legislative or
regulatory actions.
(d)
NJ SNAP program changes include Federal adjustments to eligibility standards,
allotments and deductions; Federally mandated reductions, suspensions or
cancellations of NJ SNAP benefits, and State adjustments to the utility
standard. These adjustments shall go into effect for all households at a
specific point in time. Adjustments to the maximum benefit allotment,
shelter/dependent care deduction and the standard deduction shall be effective
for all issuances in October. Annual adjustment to the income eligibility
standards shall be effective for all October issuances. Adverse action notices
are not required for such changes. However, prior publicity of adjustments
shall be made through news media, by placing posters in certification offices,
issuance locations or sites frequented by certified households or by issuing
general notices mailed to households.
(e) When the State makes an overall
adjustment to WFNJ/TANF payments, corresponding adjustments in the household's
NJ SNAP benefits shall be handled as a mass change. When the CWA has at least
30 days advance knowledge of the amount of the WFNJ/TANF adjustment, the CWA
shall recompute NJ SNAP benefits to be effective in the same month as the
WFNJ/TANF change. If the CWA does not have sufficient notice, the NJ SNAP
change shall be effective not later than the month following the month in which
the WFNJ/TANF change was made.
1. A notice of
adverse action is not required when a household's NJ SNAP benefits are reduced
or terminated as a result of a mass change in the PA grant. However, the CWA
shall send individual notices to households to inform them of the change. If a
household requests a fair hearing, benefits shall be continued at the former
level only if the issue being appealed is that NJ SNAP eligibility or benefits
were improperly computed.
(f) DFD shall administer mass changes to
reflect COLAs in benefits and any other mass changes under RSDI, SSI, and other
programs where COLA information is readily available and applicable to a
majority of those program's beneficiaries. Households are not responsible for
reporting these changes.
(g)
Households shall be notified whenever their benefits are altered as a result of
changes in the WFNJ/TANF benefits. If the WFNJ/TANF benefits are terminated but
the household is still eligible for NJ SNAP benefits, members of the household
shall be advised of NJ SNAP work registration requirements, if applicable, as
their work requirement under Title IV of the Social Security Act exemption no
longer applies.
(h) Whenever a
change results in the reduction or termination of a household's WFNJ/TANF
benefits within its NJ SNAP certification period, and the CWA has sufficient
information to determine how the change affects the household's NJ SNAP
eligibility and benefit level, the CWA shall:
1. Issue a single notice of adverse action
for both the WFNJ/TANF and NJ SNAP actions. If the household requests a fair
hearing within the period provided by the notice of adverse action, the
household's NJ SNAP benefits shall be continued on the basis authorized
immediately prior to sending the notice. If the fair hearing is requested for
both programs' benefits, the hearing shall be conducted according to WFNJ/TANF
procedures and timeliness standards. However, the household must reapply for NJ
SNAP benefits if the NJ SNAP certification period expires before the fair
hearing process is completed. If the household does not appeal, the change
shall be made effective in accordance with the procedures specified in (c)
above.
2. If the household's NJ
SNAP benefits will be increased as a result of the reduction or termination of
WFNJ/TANF benefits, the CWA shall issue the PA notice of adverse action, but
shall not take any action to increase the household's NJ SNAP benefits until
the household decides whether it will appeal the adverse action. If the
household decides to appeal and its WFNJ/TANF benefits are continued, the
household's NJ SNAP benefits shall continue on the previous basis. If the
household does not appeal, the CWA shall make the change effective in
accordance with the procedures specified in (c) above, except that the time
limits for the CWA to act on changes that increase a household's benefits shall
be calculated from the date the PA notice of adverse action period
expires.
(i) Whenever a
change results in the termination of a household's WFNJ/TANF benefits within
its NJ SNAP certification period, and the CWA does not have sufficient
information to determine how the change affects the household's NJ SNAP
eligibility and benefit level (such as when an absent parent returns to a
household, rendering the household categorically ineligible for public
assistance, and the CWA does not have any information on the income of the new
household member), the CWA shall not terminate the household's NJ SNAP benefits
but take the following action:
1. Where a PA
notice of adverse action has been sent, the CWA shall wait until the
household's notice of adverse action period expires or until the household
requests a fair hearing, whichever occurs first. If the household requests a
fair hearing and its WFNJ/TANF benefits are continued pending the appeal, the
household's NJ SNAP benefits shall be continued on the same basis.
2. If a PA notice of adverse action is not
required, or the household decides not to request a fair hearing and
continuation of its WFNJ/TANF benefits, the CWA shall send the household an RFC
in accordance with (c)1 above.
(j) Prior to any action to reduce or
terminate a household's benefits within the certification period, the CWA shall
provide the household timely and adequate advance notice before the adverse
action is taken.
1. The notice of adverse
action will be considered timely provided it is mailed at least 10 days prior
to the date upon which the action becomes effective.
(k) Individual notices of adverse action are
not required when:
1. The State initiates a
mass change as described in (d) and (e) above;
2. The CWA determines, based on reliable
information, that all members of a household have died;
3. The CWA determines, based on reliable
information, that the household had moved from the county;
4. The household has been receiving an
increased allotment to restore lost benefits, the restoration is complete, and
the household was previously notified in writing of the date increased
allotment would terminate;
5. The
household's allotment varies from month to month within the certification
period to take into account changes which were anticipated at the time of
certification, and the household was so notified at the time of
certification;
6. A household
member is disqualified for intentional program violation in accordance with
N.J.A.C. 10:87-11 or the benefits of the remaining household members are
reduced or terminated to reflect the disqualification of that household member,
provided that the CWA had previously instructed the household of its fair
hearing rights, the date that allotment reduction would become effective, and
the allotment which the household would receive after allotment reduction had
begun. The notice requirements for individuals or households affected by
intentional program violation disqualifications are explained at
10:87-7.7(d)1
and 11;
7. The household jointly
applied for WFNJ/TANF and NJ SNAP benefits and has been receiving NJ SNAP
benefits pending the approval of the WFNJ/TANF grant and was notified at the
time of certification that NJ SNAP benefits would be reduced upon approval of
the WFNJ/TANF grant;
8. The
household has received an increased allotment pending verification of a
reported change. If the household does not provide verification prior to the
next issuance of its NJ SNAP allotment, the household's allotment will revert
to the original allotment;
9. The
individual is a resident of a substance abuse treatment center or group living
arrangement, which lost its certification from the appropriate State
agency;
10. The household's NJ SNAP
allotment is reduced to repay a claim as a result of failure to make agreed
upon installment payments in cash and/or NJ SNAP benefits (see
10:87-11.20(h)5
i through iv);
11. The household
voluntarily requests in writing, or in the presence of a caseworker that its
participation in the NJ SNAP program be terminated. The CWA shall respond to
all non-written requests by sending the household a letter confirming the
voluntary withdrawal. Households provided written confirmation of voluntary
withdrawal from the NJ SNAP program may request a fair hearing;
12. The CWA determines, based on reliable
information that the household is departing from the county of current
residence prior to the next issuance and therefore, will not be able to obtain
and negotiate its next allotment. While the CWA may inform the household before
its next issuance date, they shall not delay terminating the household's
participation in order to provide advance notice; or
13. The CWA initiates recoupment of a claim
against a household which has previously received a notice of adverse action
with respect to such claim.
(l) When the household's address is unknown,
and mail directed to that address has been returned by the post office
indicating no known forwarding address, the CWA shall close the case. However,
if mail returned indicates a forwarding address, the CWA shall send an RFC in
accordance with (c)1 above.
