N.J. Admin. Code § 10:87-11.22

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10:87-11.22 - Set-off Individual Liability program

(a) Any refund of the NJ SNAP household's Gross Income Taxes or Homestead Saver/Rebate may be intercepted. The intercepted amount shall be applied toward satisfaction of any debt owed to the State.

1. The CWA shall submit cases to the Set-off Individual Liability program (SOIL) using the criteria below:

i. Closed cases in which the outstanding balance on a claim is in excess of $ 25.00.

ii. No payments have been received from the household for at least six months as of the date of submission of the case to SOIL.

iii. The CWA is not permitted to submit any closed NJ SNAP claim (except judgments) in which more than 10 years have passed since the established delinquent date.

iv. The CWA may reinstate a suspended, terminated or compromised claim only if no payments have been received for at least six months as of the date of submission.

2. If the CWA has obtained a judgment against an NJ SNAP household in a court of competent jurisdiction, the CWA shall submit the debt to SOIL provided:

i. The judgment balance, as of the date of submission of the claim, is in excess of $ 25.00; and

ii. The judgment does not specify that the money is to be repaid in installments; or

iii. The judgment specifies that the money is to be repaid in installments and the household has made no payment for at least six months as of the date of submission.

3. NPA debts are considered judgments if any one of the following has been attained:

i. A judgment by a court of competent jurisdiction;

ii. A judgment issued as a result of an administrative disqualification hearing;

iii. A signed Waiver of Right to an Administrative Hearing; or

iv. A signed disqualification consent agreement.

4. Closed cases with an outstanding balance shall be submitted to SOIL provided:

i. The outstanding debt is in excess of $ 25.00 as of the date of submission; and

ii. The case record has been examined to insure that the total amount of the outstanding debt is correct. The total amount of debt owed is to be submitted, not the monthly deduction amount (recoupment).

5. Closed cases with an outstanding judgment and a recoupment in effect upon closure shall be considered judgment cases and handled as follows:

i. The CWA shall send a letter to the former household informing them of the overpayment, the amount and reason for the overpayment and that repayment is required;

ii. The letter should be sent within one week of the judgment;

iii. If the WFNJ/NJ SNAP PA-15 (notification form) issued to close the case contains the criteria at (a)2 above information, then it can serve as the notification to the household;

iv. Joint collection shall reflect the proportionate share of monies recovered for the program in accordance with 10:87-11.20; and

v. A copy of the letter shall be included in the household's case record.

N.J. Admin. Code § 10:87-11.22

Repeal and New Rule, R.2004 d.181, effective 5/17/2004.
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a).
Section was "Federally mandated reduction or cancellation of benefits".
Recodified to N.J.A.C. 10:87-11.21 by R.2007 d.129, effective 5/7/2007.
See: 38 N.J.R. 4374(a), 39 N.J.R. 1719(a).
Section was "Treasury Offset Program".
New Rule, R.2012 d.031, effective 2/6/2012 (operative March 7, 2012).
See: 43 N.J.R. 2114(a), 44 N.J.R. 241(a).
Section was "Reserved".