N.J. Admin. Code § 10:87-2.20

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

Section 10:87-2.20 - Verification of questionable information

(a) The CWA shall verify all other factors of eligibility not described at 10:87-2.19 prior to certification only if they are questionable and affect the household's eligibility or benefit level. To be considered questionable, the information on the application must be inconsistent with statements made by the applicant, inconsistent with other information on the application or previous applications, or inconsistent with information received by the CWA prior to certification. When determining if information is questionable, the CWA shall base the decision on each household's individual circumstances. The fact that a household's expenses exceed its income may be grounds for a determination that further verification may be required. However, this fact shall not, in and of itself, be grounds for a denial. Additionally, these decisions shall not prescribe verification based on race, religion, ethnic background, or national origin, nor shall they target groups such as migrant workers or American Indians. The CWA shall instead explore with the household how it is managing, whether or not the household receives excluded income or has resources, and how long the household has managed under these circumstances. Certain special procedures described in this section shall be followed when information concerning one of the following eligibility requirements is questionable.

(b) When a household's statement that one or more of its members is a U.S. citizen is questionable, the household shall be asked to provide acceptable verification. Acceptable forms of verification include birth certificates, religious records, voter registration cards, or certificates of citizenship or naturalization provided by BCIS, such as Identification Cards for Use of Resident Citizens in the U.S. (BCIS Form I-179 or BCIS Form I-197) or U.S. Passports.

1. Participation in the WFNJ/TANF program shall be considered acceptable verification of citizenship if verification was obtained for that household for eligibility in that program.

2. If the above forms of verification cannot be obtained and the household can provide a reasonable explanation as to why verification is not available, the CWA shall accept a signed "Affidavit of Citizenship" from someone who is a U.S. citizen who declares, under penalty of perjury that the member in question is a U.S. citizen.

3. The member whose citizenship is in question shall be ineligible to participate until proof of United States citizenship is obtained. Until proof of United States citizenship is obtained, the member whose citizenship is in question shall have his or her income, less a pro rate share, and all of his or her resources considered available to any remaining household members as set forth at 10:87-7.7(c).

(c) A household which is applying for NJ SNAP benefits has the responsibility to report all facts regarding its individual circumstances. It is especially important to advise the household that it must report and verify expenses it is incurring, particularly expenses that might entitle it to NJ SNAP income deductions. Households have the right to waive the reporting of expenses that will result in a deduction by signing the NJ SNAP Income Deduction Waiver included on the application form. Deductible expenses shall be verified if questionable and if allowing the expense would actually result in a deduction. In accordance with 10:87-5.10(a)7 iv(1) and (2), the CWA shall verify that the household is entitled to a utility allowance.

1. Households which wish to claim shelter costs for a home that is unoccupied because of employment or training away from home, illness or abandonment caused by a natural disaster or casualty loss must provide verification of actual utility costs if the costs would result in a deduction. These households also are responsible for providing verification of any other shelter costs of the unoccupied home if the cost is questionable and it would result in a deduction. The CWA is not required to assist the household in obtaining verification of this expense if the verification would have to be obtained from a source outside the county.

2. If a deductible expense must be verified and obtaining the verification may delay the household's certification, the CWA shall advise the household that the household's eligibility and benefit level may be determined without providing a deduction for a claimed but unverified expense. Shelter costs would be computed without including the questionable and unverified components. The standard utility allowance shall be used if the household is entitled to claim it. If the expense cannot be verified within 30 days of the date of application, the CWA shall determine the household's eligibility and benefit level without providing a deduction for the unverified expense.

3. If the household subsequently provides the missing verification, the CWA shall redetermine the household's benefits, and provide increased benefits, if any in accordance with the timeliness standards on reported changes. The household shall be entitled to the restoration of any benefits lost as a result of the disallowance of the expense only if the expense could not be verified within the 30-day processing standard because the CWA failed to allow the household sufficient time (as defined at 10:87-2.27(c) to verify the expense. If the household would be ineligible unless the expense is allowed, the household's application shall be handled as provided at 10:87-2.26 and 2.27.

(d) The CWA shall verify liquid resources and whether or not moneys received by the household are loans whenever such items are questionable.

1. When verifying that income is exempt as a loan, a legally binding agreement is not required. A simple statement signed by both parties which indicates that the payment is a loan with an established repayment schedule shall be sufficient verification.

2. If the household receives payments on a recurrent or regular basis from the same source but claims the payments are loans, the CWA may also require that the provider of the loan sign an affidavit which states that repayments are being made or that payments will be made in accordance with an established repayment schedule.

(e) These verification procedures shall be followed for those factors of eligibility which are needed solely for purposes of determining the household's eligibility for NJ SNAP benefits. For those factors of eligibility which are needed to determine both the WFNJ/TANF eligibility and NJ SNAP eligibility, the CWA may use the WFNJ/TANF verification rules. However, the CWA shall not delay the household's NJ SNAP benefits if, at the end of 30 days following the date the application was filed, the CWA has sufficient verification to meet NJ SNAP verification requirements but does not have sufficient verification to meet the WFNJ/TANF verification rules.

1. The CWAs shall check each household member by name through the ALFX file to verify that each individual is not already participating in the NJ SNAP program as part of another household. The ALFX file is an alphabetical listing, within the State's management information system, of the names of all individuals receiving WFNJ/TANF and NJ SNAP benefits in New Jersey. The ALFX file is available on computer terminal, and enables a worker to locate an individual's case record, when the case number is not known, by alphabetic cross-reference to all cases and recipients in the State.

N.J. Admin. Code § 10:87-2.20

Amended by R.1979 d.459, effective 1/1/1980.
See: 12 N.J.R. 40(c).
(a): Added 4, renumbered 4-5 as 5-6; changed internal references to conform.
Amended by R.1981 d.97, effective 4/9/1981.
See: 13 N.J.R. 96(c), 13 N.J.R. 228(a).
(a)5iv deleted. Renumber (a)5v and vi as iv and v.
Amended by R.1983 d.72, effective 2/28/1983.
See: 15 N.J.R. 97(a), 15 N.J.R. 444(a).
Originally filed as an emergency adoption (R.1982 d.503) on December 30, 1982. Changes upon readoption were precipitated by emergency adoption (R.1983 d.38) filed on January 31, 1983. Readopted as R.1983 d.72. Language has been added to include specific additional verification requirements for household composition.
Amended by R.1983 d.223, effective 5/31/1983.
See: 15 N.J.R. 629(a), 15 N.J.R. 1033(a).
Originally adopted as an Emergency Rule, R.1983 d.116, eff. 3/31/1983, operative April 1, 1983. The amendment is 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).
Treatment of ineligible alien's resources and income and ineligibility until citizenship established was added.
Amended by R.1984 d.19, effective 2/6/1984.
See: 15 N.J.R. 1821(a), 16 N.J.R. 246(a).
Reference made to INS Form I-181-B; restrictions on use of INS Form I-94 and other clarifications regarding reporting of items.
Amended by R.1985 d.346, effective 7/1/1985.
See: 17 N.J.R. 883(a), 17 N.J.R. 1659(a).
(a)10 added.
Correction: Deleted (a)iv and renumbered v and vi to iv and v.
See: 18 N.J.R. 2391(b).
Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
Substantially amended.
Amended by R.1990 d.270, effective 5/21/1990.
See: 22 N.J.R. 139(a), 22 N.J.R. 1599(a).
Recodified from N.J.A.C. 10:87-2.21, subsections (a)-(j). N.J.A.C. 10:87-2.20, which was "Verification," was repealed. Old subsections (k)-(n) of N.J.A.C. 10:87-2.21 recodified as new subsection 2.21, "Verification of questionable information." Revised rule by deleting (i) regarding questionable information and recodifying (j) to (i).
Deleted old (j)3 and text in old (j)2 regarding elderly or disabled individuals, and added new (j) and (k) on disability determinations.
Amended by R.1999 d.6, effective 1/4/1999.
See: 30 N.J.R. 3451(a), 31 N.J.R. 69(a).
In (b)1 and (e), substituted references to WFNJ/TANF for references to AFDC.
Recodified from N.J.A.C. 10:87-2.21 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. 10:87-2.20, Mandatory verification, recodified to N.J.A.C. 10:87-2.19.
Administrative change.
See: 44 N.J.R. 1529(a).