N.J. Admin. Code § 10:87-11.12

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:87-11.12 - Period of restoration

(a) Benefits shall be restored for a period of not more than 12 months prior to whichever of the following occurred first:

1. The date the CWA was notified by the household or by another person or agency in writing or orally of the possible loss to that specific household;

2. The date the CWA discovers in the normal course of business that a loss to a specific household has occurred; or

3. The date the CWA receives a request for restoration of lost benefits from a household.

(b) The CWA shall restore benefits to households which were found by any judicial action to have been wrongfully withheld. If the judicial action is the first action the recipient has taken to obtain restoration of lost benefits, then benefits shall be restored for a period of not more than 12 months from the date the court action was initiated. When the court action is a review of a CWA action, benefits shall be restored for a period of not more than 12 months from the date the court action was initiated. When a court action is a review of a CWA action, benefits shall be restored for a period of not more than 12 months from the earliest of the following dates:

1. The date the CWA received a request for restoration; or

2. If no request for restoration is received, the date the fair hearing action was initiated.

(c) In no case shall benefits be restored for more than one year prior to the date the CWA is notified of or discovers the loss.

N.J. Admin. Code § 10:87-11.12

As amended, R.1983 d.224, effective 5/31/1983.
See: 15 New Jersey Register 633(a), 15 New Jersey Register 1034(a).
Originally adopted as an Emergency Rule, R.1983 d.117, effective 3/31/1983, operative April 1, 1983. The amendments are pursuant to the Food Stamp Act Amendments of 1982 (P.L. 97-253) and the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35).
Reference to "fraud" replaced by "intentional program violation".
Amended by R.1989 d.121, effective 2/21/1989.
See: 20 New Jersey Register 2689(a), 21 New Jersey Register 511(b).
Recodified with amendments from 11.10.
Recodified from N.J.A.C. 10:87-11.14 and amended by R.2004 d. 181, effective 5/17/2004.
See: 36 New Jersey Register 28(a), 36 New Jersey Register 2425(a).
Deleted introductory phrases throughout. Former N.J.A.C. 10:87-11.12, reversed intentional program violation disqualifications, repealed.