Current through Register Vol. 56, No. 18, September 16, 2024
(a) NJ SNAP
benefits shall not be replaced once they are posted to a household's Families
First account.
(b) Households shall
not receive a replacement for any NJ SNAP benefits which were accessed using
the client's Families First card and secret Personal Identification Number
(PIN).
(c) CWAs shall provide a
replacement benefit to a household when the household reports that food
purchased with NJ SNAP benefits was destroyed in a household
misfortune.
(d) Rules on providing
the replacement benefits cited in (c) above are as follows:
1. Replacement of food purchased with NJ SNAP
benefits destroyed in a household misfortune shall be provided only if a
household timely reports a loss orally or in writing to the CWA. The report
shall be considered timely if it is made to the CWA within 10 calendar days of
the date the food was destroyed.
2.
Prior to replacing food purchased with NJ SNAP benefits, the CWA shall
determine that the destruction occurred in a household misfortune or disaster,
such as, but not limited to, a fire or flood. This shall be verified through a
collateral contact, documentation from a community agency including, but not
limited to, the fire department or Red Cross, or a home visit.
3. Prior to issuing such a replacement
benefit, the CWA shall obtain from a member of the household a signed statement
attesting to the household's loss. The required statement may be mailed to the
CWA if the household member is unable to come into the office because of age,
handicap or distance from the office and is unable to appoint an authorized
representative.
i. If the signed statement or
affidavit is not received by the CWA within 10 calendar days from the date of
report, no replacement shall be made. If the 10th day falls on a weekend or
holiday, and the statement is received the day after the weekend or holiday,
the CWA shall consider the statement timely received.
ii. The statement shall be retained in the
case record and it shall attest to the household misfortune. The statement
shall also state that the household is not eligible for this replacement
benefit and must notify the CWA if the food that was destroyed has been, or is
expected to be, recovered by the household through another means, such as a
charity kitchen or food pantry. The statement shall further attest that the
household is aware of the penalties for intentional misrepresentation of the
facts including, but not limited to, a charge for perjury for a false
claim.
4. A replacement
benefit for food purchased with NJ SNAP benefits that was destroyed in a
household misfortune shall be made available by the CWA to the eligible
household within 10 days after report of the loss or within two working days of
receipt of the household's signed statement required in (d)3 above, whichever
date is later.
i. The CWA shall deny or delay
such a replacement benefit in cases where available documentation indicates
that the household's request for the food replacement benefit appears to be
fraudulent.
(1) The household shall be
informed of its right to a fair hearing to contest the denial or delay of a
food replacement benefit. Replacements shall not be made while the denial or
delay is being appealed.
5. No limit on the number of replacements
shall be placed on the replacement of food purchased with NJ SNAP benefits
which was destroyed in a household misfortune.
6. Replacement of NJ SNAP benefits shall be
made available to the household in an amount not to exceed the value of the
food purchased with NJ SNAP benefits that was destroyed (up to a maximum of one
month's allotment, unless the issuance includes restored benefits which shall
be replaced up to their full value).
7. Where FNS has issued a disaster
declaration and the household is eligible for emergency NJ SNAP benefits, the
household shall not receive both the disaster allotment and a replacement
allotment for a misfortune.
(e) In the event of a major disaster
declaration by the FNS, CWAs in counties affected by the declaration are
authorized to provide emergency NJ SNAP allotments. Those allotments are
intended only for households that are participating in the NJ SNAP program at
the time of the disaster, and shall replace a household's food which is lost
due to the disaster. Such emergency allotments shall be equal to the estimated
value of the food lost in the disaster, but shall not be greater than the
applicable maximum benefit allotment for the household's size (see
10:87-12.2) . Such households are
not entitled to both a disaster emergency allotment and a replacement due to
food lost in an individual household misfortune (see
10:87-9.8(d)7
).
