N.J. Admin. Code § 10:87-2.19

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

Section 10:87-2.19 - Mandatory verification

(a) The CWA shall verify the information in (b) through (m) below prior to certification for households initially applying for NJ SNAP benefits.

(b) Gross nonexempt income shall be verified for all households prior to certification. However, where all attempts to verify the income have been unsuccessful because the person or organization providing the income has failed to cooperate with the household and the CWA, and all other sources of verification are unavailable, the eligibility worker shall determine the amount to be used for certification purposes based on the best available information.

(c) The CWA shall verify the eligibility status of applicant aliens. For each household member identified on the application as an alien, the CWA shall determine if that member is an eligible alien (see 10:87-3.8) by requiring that the household present verification for each alien member.

1. Per 7 CFR 273.2(f)(1)(ii), the Department of Justice (DOJ) Interim Guidance On Verification of Citizenship, Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Interim Guidance) (62 FR 61344, November 17, 1997) contains information on acceptable documents and USCIS codes. The CWA shall use the Interim Guidelines until DOJ publishes a final rule on this issue. Thereafter, the CWA should consult both the Interim Guidance and the DOJ final rule. Where the Interim Guidance and the DOJ final rule conflict, the latter should control the verification of alien eligibility.

2. The following information may also be relevant to the eligibility of some aliens: date of admission or date status was granted; military connection; battered status; if the alien was lawfully residing in the United States on August 22, 1996; membership in certain Indian tribes; if the person was age 65 or older on August 22, 1996; if a lawful permanent resident can be credited with 40 qualifying quarters of covered work and if any Federal means tested public benefits were received in any quarter after December 31, 1996; or if the alien was a member of certain Hmong or Highland Laotian tribes during a certain period of time or is a spouse or unmarried dependent of such a person. The CWA shall also verify these factors if applicable to the alien's eligibility.

3. The SSA Quarters of Coverage History System (QCHS) is available for purposes of verifying whether a lawful permanent resident has earned or can receive credit for a total of 40 qualifying quarters. However, the QCHS may not show all qualifying quarters. For instance, SSA records do not show current year earnings and in some cases the last year's earnings, depending upon the time of request. Also, in some cases, an applicant may have work from uncovered employment that is not documented by SSA, but is countable toward the 40 quarters test. In both of these cases, the individual, rather than SSA, would need to provide the evidence needed to verify the quarters.

4. An alien is ineligible until acceptable documentation is provided, unless:

i. The CWA has submitted a copy of a document provided by the household to USCIS for verification. Pending such verification, the CWA cannot delay, deny, reduce or terminate the individual's eligibility for benefits on the basis of the immigration status;

ii. The applicant or the CWA has submitted a request to SSA for information regarding the number of quarters of work that can be credited to the individual, SSA has responded that the individual has fewer than 40 quarters, and the individual provides documentation from SSA that SSA is conducting an investigation to determine if more quarters can be credited. If SSA indicates that the number of qualifying quarters that can be credited is under investigation, the CWA shall certify the individual pending the results of the investigation for up to six months from the date of the original determination of insufficient quarters; or

iii. The applicant or the CWA has submitted a request to a Federal agency for verification of information which bears on the individual's eligible alien status. The CWA shall certify the individual pending the results of the investigation for up to six months from the date of the original request for verification.

5. The CWA shall provide alien applicants with a reasonable opportunity to submit acceptable documentation of their eligible alien status by the 30th day following the date of application. A reasonable opportunity shall be at least 10 days from the date of the CWA's request for an acceptable document. When the CWA fails to provide an alien applicant with a reasonable opportunity as of the 30th day following the date of application, the CWA shall provide the household with benefits no later than 30 days following the date of application, provided the household is otherwise eligible.

6. Aliens lawfully admitted as immigrants and aliens in continuous residence (see 10:87-3.8(a) shall present USCIS Form I-151 or Form I-551 "Alien Registration Receipt Card" or the "Re-entry Permit," a passport booklet for lawful permanent resident aliens.

7. Aliens in the categories specified at 10:87-3.8(a)8 through 11 shall present a USCIS Form I-94, "Arrival--Departure Record." The CWA shall accept the USCIS Form I-94 only if it is annotated with Section 207, 208, 212(d)(5), or 243(h) of the Immigration and Nationality Act; or if the form is annotated with one of the following terms or combination of terms: refugee, parolee, paroled, or asylum.

i. A USCIS Form I-94 annotated with the letters (A) through (L) shall be considered verification of ineligible status unless the alien can provide other documentation from BCIS which indicates the alien is eligible.

ii. If the USCIS Form I-94 does not bear any acceptable annotations and the alien has no other verification of alien classification in his or her possession; the CWA shall advise the alien to submit Form G-641, Application for Verification of Information from Immigration and Naturalization Service Records, to USCIS. The CWA shall accept this form when presented by the alien and properly annotated at the bottom by a USCIS representative as evidence of lawful admission for permanent residence or parole for humanitarian reasons. The alien shall also be advised that classification under Sections 207, 208, 212(d)(5) or 243(h) of the Immigration and Nationality Act shall result in eligible status. Additionally, the alien shall also be advised that he or she may be eligible if acceptable verification is obtained and that the alien may contact USCIS or otherwise obtain the necessary verification. If the alien so wishes and signs a written consent, the CWA will contact USCIS to obtain clarification of the alien's status.

8. If an alien is unable to provide any USCIS document at all (not even a USCIS Form I-94), the CWA has no responsibility to offer to contact the USCIS on the alien's behalf. The CWA's responsibility exists only when the alien has a USCIS document that does not clearly indicate eligible or ineligible alien status. In any event, the CWA shall not contact USCIS to obtain information about the alien's correct status without the alien's written consent.

9. If the proper USCIS documentation is not available, the alien may state the reason and submit other conclusive verification. The CWA shall accept other forms of documentation or corroboration from USCIS that the alien is classified pursuant to Section 101(a)(15), 101(a)(20), 207, 208, 212(d)(5), 243 or 249 of the Immigration and Nationality Act, or other conclusive evidence such as a court order stating that deportation has been withheld pursuant to Section 243(h) of the Immigration and Nationality Act.

10. While awaiting acceptable verification, the alien whose status is questionable shall be ineligible. If the alien does not wish to contact USCIS or give permission for the CWA to contact USCIS, the household shall be given the option of withdrawing its application or participating without that member. The income and resources of the ineligible alien shall be treated in the same manner as an excluded individual as set forth at 10:87-7.7(a) and shall be considered available in determining the eligibility of any remaining household members.

11. Whenever the CWA determines that any member of a household is ineligible to receive NJ SNAP benefits because he or she is present in the United States in violation of the Immigration and Nationality Act, that individual shall be reported to the local USCIS office. CWAs must make a distinction between aliens who are ineligible for the NJ SNAP program for various reasons and aliens who are in the United States illegally. Only those aliens specifically determined by the USCIS to be illegal aliens shall be reported to USCIS by the CWAs.

i. When a household indicates inability or unwillingness to provide documentation of alien status for any household member, that member shall be classified as an ineligible alien.

(d) The CWA shall verify that the household incurs utility expenses that would qualify them for the appropriate utility standard. Households that qualify for a standard shall use the standard and cannot claim actual expenses. Households that are not entitled to either standard shall verify their actual expenses or sign the waiver. For households entitled to receive the Heating and Cooling Standard Utility Allowance (HCSUA) because they incur a cooling cost, a simple declaration on the application that the household is incurring such a cooling cost shall be sufficient.

1. If a household wishes to claim expenses for an unoccupied home, the CWA shall verify the household's actual utility expenses for the unoccupied home in every case and shall not use either of the utility allowances (as defined at 10:87-2.20(c)1 ).

(e) The amount of any medical expense (including the amount of reimbursements) deductible under 10:87-5.10(a)3 shall be verified prior to initial certification. Verification of other factors including whether or not the services provided are allowable under 10:87-5.10(a)3 i or the eligibility of the person incurring the cost, shall be required if questionable.

(f) Residency (see 10:87-3.2 and 3.3) shall be verified except in unusual cases (such as homeless household, some migrant farm worker households or households newly arrived in the county) when verification of residency cannot reasonably be established. Acceptable verification of residency should be accomplished, to the extent possible, in conjunction with the verification of other information, such as, but not limited to, rent and mortgage payments, shelter costs, utility expenses and identity. If verification cannot be accomplished in conjunction with the verification of other information, the CWA shall use a collateral contact or other readily available documentary evidence. Any documents or collateral contacts that reasonably establish the household's residency shall be accepted and no requirements for a specific type may be imposed (see also 10:87-3.4) . No durational residency requirement shall be established.

(g) The identity of the person making application shall be verified. If an authorized representative applies on behalf of a household, the identity of both the authorized representative and the head of household shall be verified. Identity may be verified through readily available documentary evidence, or if that is unavailable, through collateral contact.

1. Examples of acceptable documentary evidence which the applicant may provide include, but are not limited to, a driver's license, a work, or school identification card, an identification for health benefits or for another assistance or social service program, a voter registration card, wage stubs, or a birth certificate. Any document which reasonably establish the applicant's identity must be accepted, and no requirement for a specific type of document may be imposed.

(h) Procedures for obtaining and verifying Social Security numbers are as follows:

1. The CWA shall verify the Social Security numbers (SSNs) provided by the household with the Social Security Administration (SSA) by submitting them through the management information system. Certification for, or issuance of benefits to, an otherwise eligible household shall not be delayed pending SSN verification. Once the SSNs have been verified, the CWA shall make a permanent annotation to the household case file to prevent unnecessary reverification of the SSN in the future. Social Security numbers previously verified by another program participating in the IEVS shall be acceptable to the CWA for NJ SNAP program participation.

2. The CWA shall require an individual who is unable to provide, or does not have, a Social Security number to submit an application for a SSN (Form SS-5) to the Social Security Administration. The CWA shall advise the household member that proof of application from the SSA will be required prior to certification. A completed SSA Form 2853 shall be considered proof of application for an SSN for a newborn infant. Refusal or failure without good cause to provide a Social Security number will result in disqualification of the individual for whom a SSN is not obtained.

i. If the county welfare agency determines that a household member has refused or failed without good cause to provide or apply for a SSN, then that individual shall be ineligible to participate in the NJ SNAP program. The disqualification applies to the individual for whom the SSN is not provided, and not to the entire household. The earned or unearned income and resources of an individual disqualified for failure to obtain or provide a SSN shall be counted as household income and resources.

3. Determining good cause procedures are as follows:

i. In determining if good cause exists, the CWA shall consider information from the household member, Social Security Administration and other State sources, that the household member has applied for, and/or made every effort to obtain a SSN from the Social Security Administration. Good cause does not include delays due to illness, lack of transportation or temporary absences, as the Social Security Administration makes provisions for mailing applications in lieu of applying in person. If a household member can show good cause why an application for a SSN has not been completed, that person shall be allowed to participate for one month in addition to the month of application. The CWA caseworker should make every effort to assist the individual in obtaining documents required to support an application for a Social Security number.

ii. Good cause for failure to apply must be shown monthly in order for a household member to continue participation. Once an application has been filed, the CWA shall permit the member to participate pending notification of the household member's SSN.

4. The disqualified household member(s) may end the disqualification and become eligible upon providing the CWA with a SSN.

5. The CWA is authorized to use SSNs in the administration of the NJ SNAP program and shall enter all SSNs obtained into the management information system. CWAs shall have access to information regarding individual NJ SNAP program applicants and participants who receive SSI benefits under Title XVI of the Social Security Act to determine such a household's eligibility for and level of NJ SNAP benefits, or to verify information related to benefits received by such households. The CWA shall also use the SSN(s) to prevent duplicate participation and to determine the accuracy and/or reliability of information given by households.

6. If a household is unable to immediately provide verification that it has applied for a SSN for a newborn, the household must provide the SSN or proof of application for the SSN either at its next recertification or within six months following the month in which the baby is born, whichever is later. If the household is unable to provide an SSN or proof of application for the SSN at its next recertification or within six months following the birth month, the CWA shall determine if the good cause provisions at 10:87-2.19(h)3 are applicable.

(i) The CWA shall verify any factors affecting the composition of a household if questionable.

1. Individuals who claim to be a separate household from those with whom they reside shall be responsible for providing that they are a separate household to the satisfaction of the CWA.

2. Individuals who claim to be a separate household from those with whom they reside based on the various age and disability factors at 10:87-2.34, shall be responsible for proving such claims in accordance with (j) below.

(j) Disability determinations shall be processed as follows:

1. The CWA shall verify disability, as defined in 10:87-2.34, as follows:

i. For individuals to be considered disabled under 10:87-2.34(a) 2, 3 and 4, the household shall provide proof that the disabled individual is receiving benefits under Titles I, II, X, XIV, or XVI of the Social Security Act;

ii. For individuals to be considered disabled under 10:87-2.34(a)6, the household shall present a statement from the Department of Veterans Affairs (DVA) which clearly indicates that the disabled individual is receiving veteran's disability benefits for a service-connected or nonservice-connected disability and that the disability is rated or paid as total at the total rate by DVA;

iii. For individuals to be considered disabled under 10:87-2.34(a)7 and 8, proof by the household that the disabled individual is receiving veteran's disability benefits is sufficient verification of disability;

iv. For individuals to be considered disabled under 10:87-2.34(a)5 and 9, the CWA shall use the Social Security Administration's (SSA) most current list of disabilities considered permanent under the Social Security Act for verifying disability. If it is obvious to the caseworker that the individual has one of the listed disabilities, the household shall be considered to have verified disability. If disability is not obvious to the caseworker, the household shall provide a statement from a physician or licensed or certified psychologist certifying that the individual has one of the nonobvious disabilities listed as the means for verifying disability under 10:87-2.34(a)5 and 9;

v. For individuals to be considered disabled under 10:87-2.34(a) 10, the household shall provide proof that the individual receives a Railroad Retirement disability annuity from the Railroad Retirement Board and has been determined to qualify for Medicare;

vi. For individuals to be considered disabled under 10:87-2.34(a)11, the CWA shall verify that the individual receives the qualifying medical assistance identified at 10:87-2.34(a)11.

2. For disability determinations which must be made relevant to the provisions of 10:87-2.2(a)4, the CWA shall use the SSA's most current list of disabilities as the initial step for verifying if an individual has a disability considered permanent under the Social Security Act. However, only those individuals who suffer from one of the disabilities mentioned in the SSA list who are unable to purchase and prepare meals because of such disability shall be considered disabled for the purpose of this provision. If it is obvious that the individual is unable to purchase and prepare meals because he or she suffers from a severe physical or mental disability, the individual shall be considered disabled for the purpose of the provision even if the disability is not specifically mentioned on the SSA list. If the disability is not obvious, the caseworker shall verify the disability by requiring a statement from a physician or licensed or certified psychologist certifying that the individual (in the physician or psychologist's opinion) is unable to purchase and prepare meals because he or she suffers from one of the nonobvious disabilities mentioned in the SSA list or is unable to purchase meals because he or she suffers from some other disease or nondisease-related disability. The elderly and disabled individual (or his or her authorized representative) shall be responsible for obtaining the cooperation of the individuals with whom he or she resides in providing the necessary income information about the others to the CWA for purposes of this provision.

(k) The CWA shall verify all factors of eligibility for households who have been terminated for refusal to cooperate with a State quality control reviewer, and reapply after 95 days from the end of the annual review period. The CWA shall verify all factors of eligibility for households who have been terminated for refusal to cooperate with a Federal quality control reviewer and reapply after seven months from the end of the annual review period.

(l) The agency shall obtain verification of the household's legal obligation to pay child support, the amount of the obligation, and the monthly amount of child support the household actually pays.

1. The household is the primary source of verification of the legal obligation to pay child support, the amount of the obligation, and the amount paid. Any document that verifies the obligation to pay child support, such as a court order, administrative order, or legally-enforceable separation agreement would be sufficient verification of the obligation and obligatory amount.

2. Documents that are accepted as verification of the household's legal obligation to pay child support shall not be accepted as verification of the household's actual monthly child support payments. Acceptable documentation of amounts paid would include canceled checks, ACSES data, wage withholding statements, verification of withholding from unemployment compensation, and statements from the custodial parent regarding direct payments or third party payments the noncustodial parent pays or expects to pay on behalf of the custodial parent. If the household fails or refuses to submit required verification, the CWA shall determine the household's eligibility and allotment without consideration of the child support deduction.

3. The information obtained through the review shall be used to determine the household's deduction for the new certification period. If the deduction is based upon an average of the past payments and recent data is available from the Child Support Program (CSP) records, those records can be used as the basis for anticipating future payments. CWAs are not required to conduct any month-by-month reconciliation of amounts reported by the household and CSP records. As the deduction will frequently be based on an average of past payments, the amount of the deduction might not compare exactly with the actual payments made. CWAs are not required to use the information retrospectively to establish claims or provide restored benefits.

4. Information from CSP records is considered unverified upon receipt. If there is a discrepancy between information provided by the household and that obtained from CSP records, the CWA shall give the household an opportunity to resolve the discrepancy.

(m) Rules concerning verification of educational expenses shall be as follows:

1. In order to exclude educational assistance, educational expenses shall be identified as such by the financial aid office of the educational institution.

2. An award letter from the school administering the educational assistance, which distinctly identifies anticipated educational expenses separate and apart from normal living expenses, shall be considered satisfactory verification for the purpose of determining countable student income. Additionally, an award letter or other document in which the "grantor" designates the funds for specific educational expenses shall be considered acceptable verification.

N.J. Admin. Code § 10:87-2.19

Amended by R.1998 d.498, effective 10/5/1998.
See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b).
In (h), added 6; and added ( l) and (m).
Recodified from N.J.A.C. 10:87-2.20 and amended by R.2004 d.181, effective 5/17/2004.
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a).
Rewrote the section. Former N.J.A.C. 10:87-2.19, Interview process, recodified to N.J.A.C. 10:87-2.18.
Amended by 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).
In (a), deleted "following" preceding "information" and substituted "NJ SNAP" for "food stamp"; in (c)1, substituted "CFR" for "C.F.R." and "USCIS" for "Bureau of Citizenship and Immigration Services (BCIS)"; in (c)4i, (c)6, (c)7, (c)8, (c)(9), (c)10 and (c)11, substituted "USCIS" for "BCIS" throughout; in (c)11, substituted "NJ SNAP benefits" for "food stamps" and "NJ SNAP program" for "Food Stamp Program"; in (f), substituted the first occurrence of "established" for the first occurrence of "accomplished" and "that" for "which", and inserted a comma preceding and a comma following the second occurrence of "such as" and a comma following "limited to", and inserted "shelter costs,"; and rewrote (h)1, (h)2i and (h)5.