N.J. Admin. Code § 10:87-2.32

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

Section 10:87-2.32 - Categorically eligible WFNJ/TANF/SSI households

(a) Any household, except those listed in (c) below, in which all members are authorized to receive WFNJ/TANF/SSI benefits shall be considered categorically eligible for the NJ SNAP program, unless the household is institutionalized or disqualified for any reason from receiving NJ SNAP benefits. This includes the following households: those in which all members receive or are authorized to receive cash through a public assistance program funded in full or in part with Federal Title IV-A or New Jersey State money counted as Maintenance of Effort (MOE) purposes; those in which all members receive or are authorized to receive non-cash or in-kind benefits, funded with more than 50 percent State money counted as MOE or Federal money under Title IV-A designed to forward purposes one and two of the TANF block grant; and those in which all members receive or are authorized to receive non-cash or in-kind benefits, funded with more than 50 percent State money designed to forward purposes three and four of the TANF block grant, and requires participants to have a gross monthly income at or below 200 percent of the Federal poverty level.

1. Residents of public institutions applying jointly for SSI and NJ SNAP benefits shall not be categorically eligible upon a finding by the Social Security Administration (SSA) of potential SSI eligibility prior to release. Those individuals shall be considered categorically eligible when a final SSI eligibility has been made and the individual has been released from the institution.

2. "Authorized to receive" means that an individual is considered a recipient if he or she has been determined eligible for WFNJ/TANF/SSI, but, is not receiving a money payment, chooses not to receive a money payment, or, is not currently entitled to a money payment.

3. Categorically eligible recipients shall include those persons determined eligible to receive WFNJ/TANF/SSI but currently not entitled to cash benefits; that is, persons whose benefits are being recovered and/or suspended subject to retrospective budgeting when the household is temporarily ineligible in a prior budget month, and WFNJ/TANF recipients whose benefits are less than $ 10.00 and are therefore not payable.

4. A household containing a member who is suspended from SSI for noncompliance with substance abuse treatment requirements shall not be categorically eligible for NJ SNAP benefits. The household's NJ SNAP eligibility would be calculated without including any SSI benefit as income for the suspended individual. (SSI installments are not issued during the suspension period.) The household cannot be considered categorically eligible as SSI recipients again until that individual either ends his or her suspension, resumes receipt of SSI or leaves the household.

5. A household whose TANF grant has been capped by the birth of an additional child is categorically eligible for NJ SNAP benefits.

(b) For any household that is otherwise categorically eligible, no person shall be included as a member of that household if that person fits any of the following categories:

1. An ineligible alien as defined at 10:87-3.9;

2. An ineligible student as defined at 10:87-2.3(a)2;

3. Institutionalized in a non-exempt facility (see 10:87-2.4);

4. Ineligible because of failure to comply with a work requirement of 10:87-10.1; or

5. When determining benefit levels for households containing ineligible individuals, the income and resources of such ineligible members shall be treated in accordance with procedures at 10:87-7.7.

(c) No household shall be considered categorically eligible for NJ SNAP benefits if any member of that household is disqualified for the following reasons:

1. An intentional program violation (see N.J.A.C. 10:87-11); or

2. Such households are subject to all NJ SNAP eligibility criteria and benefit determination provisions and cannot be reinstated in the Program on the basis of categorical eligibility provisions.

(d) The factors that are deemed for NJ SNAP eligibility without the verification required at 10:87-2.19 and 2.20 because of WFNJ/TANF/SSI status are the following:

1. Gross and net income limits;

2. Resource limits;

3. Social Security number information;

4. Sponsored alien information; and

5. Residency.

(e) If any of the following factors are questionable, the CWA shall verify, in accordance with 10:87-2.20, that the household, which is considered categorically eligible contains the following:

1. Meets the definition of a household in accordance with 10:87-2.2;

2. Includes all persons who purchase and prepare food together in one NJ SNAP household regardless of whether or not they are separate units for WFNJ/TANF or SSI purposes; and

3. Includes no person disqualified as specified in (c) above (see also 10:87-10.1 and 11.2).

(f) The exemptions concerning work registration in the NJ SNAP ETP shall be applied to individuals in categorically eligible households. Individuals(s) not exempt from work registration shall be subject to work requirements contained at 10:87-10.1.

(g) Households in which all members are applying for WFNJ/TANF/SSI shall be allowed to apply for NJ SNAP benefits at the same time they apply for WFNJ/TANF/SSI benefits. Such households' NJ SNAP eligibility and benefit level shall be based on NJ SNAP eligibility criteria. Households, whether jointly processed and/or eligible because of their WFNJ/TANF/SSI status, shall be certified in accordance with the notice, procedural and timeliness requirements at 10:87-2.25 through 2.33. The otherwise eligible household is not subject to the processing requirement of any other assistance program as a condition of NJ SNAP program eligibility.

(h) Households applying for both WFNJ/TANF and NJ SNAP benefits shall complete a joint application for both programs. The joint application shall clearly indicate those particular questions that need to be answered relevant to the NJ SNAP program and that the household is subject to the criminal penalties of both programs for making false statements.

(i) For households applying for both WFNJ/TANF cash assistance and NJ SNAP benefits, the verification procedures described at 10:87-2.19 and 2.20 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 that are needed to determine both WFNJ/TANF cash assistance eligibility and NJ SNAP benefit eligibility, the CWA may use the WFNJ/TANF cash assistance verification rules.

1. 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 the NJ SNAP verification requirements, but insufficient verification to meet the WFNJ/TANF verification rules.

(j) In order to determine if a household will be eligible due to its status as a recipient WFNJ/TANF/SSI household, the CWA may temporarily postpone, within the 30-day processing standard, the NJ SNAP eligibility determination, if the household is not entitled to expedited service and appears to be categorically eligible. However, the CWA shall postpone denying a potentially categorically eligible household until the 30th day, in the event that the household is determined eligible to receive WFNJ/TANF/SSI benefits.

1. Once the WFNJ/TANF/SSI application is approved, the household is to be considered categorically eligible if it meets all categorical eligibility criteria.

2. If the CWA can anticipate the amount and the date of receipt of the initial WFNJ/TANF/SSI payment, but the payment will not be received until a subsequent month, the CWA shall vary the household's NJ SNAP benefit level according to the anticipated receipt of the payment and notify the household. Portions of initial WFNJ/TANF/SSI payments intended to retroactively cover a previous month shall be disregarded as lump sum payments.

3. If the amount or date of receipt of the initial WFNJ/TANF/SSI payment cannot be reasonably anticipated at the time of the NJ SNAP eligibility determination, the WFNJ/TANF/SSI payments shall be handled as a change in circumstances.

(k) The CWA is not required to send a notice of adverse action if the receipt of the WFNJ/TANF/SSI grant reduces, suspends or terminates the household's NJ SNAP benefits, provided the household is notified in advance that its benefits may be reduced, suspended or terminated when the grant is received. The case may be terminated if the household is not categorically eligible.

(l) The CWA shall ensure that a denied application of a potentially categorically eligible household is easily retrievable, in the event that the household is subsequently found to be categorically eligible.

(m) For a household filing a joint application for NJ SNAP and WFNJ/TANF/SSI benefits, or a household that has an WFNJ/TANF/SSI application pending and is denied NJ SNAP benefits, but is later determined eligible to receive WFNJ/TANF/SSI benefits and is otherwise categorically eligible, the CWA shall provide benefits using the original application and any other pertinent information occurring subsequent to that application, except for residents of public institutions who apply for WFNJ/TANF/SSI benefits prior to their release from the public institution. Benefits shall be paid from the beginning of the period for which WFNJ/TANF/SSI benefits are paid or the original NJ SNAP application date, whichever is later.

1. The CWA shall not reinterview the household, but shall use any available information to update the application and/or make mail or phone contact with the household or authorized representative to determine any changes in circumstances. Changes shall be initialed and the updated application resigned by the authorized representative or household member.

(n) Any household determined WFNJ/TANF/SSI eligible that is categorically eligible within the 30-day NJ SNAP processing time shall be provided benefits in accordance with 10:87-2.26. Benefits shall be prorated in accordance with current procedures at 10:87-12.5. However, no NJ SNAP benefits shall be paid for a month in which such household is ineligible for receipt of WFNJ/TANF/SSI benefits, unless the household is eligible as an NPA case.

(o) Households that file joint applications that are found categorically eligible after being denied NPA NJ SNAP benefits shall have their allotment for the initial month prorated from the date from which the PA benefits are payable or the date of the original NJ SNAP application, whichever is later.

(p) The CWA shall act on reevaluating the original application either at the household's request or when it becomes otherwise aware of the household's WFNJ/TANF and/or SSI eligibility. The household shall be informed on the notice of denial to notify the CWA if its WFNJ/TANF or SSI benefits are approved. Households who file joint applications for NJ SNAP and WFNJ/TANF/SSI benefits and are subsequently denied may be required to file a new NJ SNAP application or have their NJ SNAP eligibility determined or continued on the basis of the original applications.

(q) The CWA shall notify households of the need for a new application. If a required new application is filed within 30 days of the original application, the filing date of the new application shall be the filing date of the original joint application.

(r) Households whose WFNJ/TANF/SSI applications are denied shall not be required to file a new NJ SNAP application, but shall have their NJ SNAP eligibility determined or continued on the basis of the original applications. The CWA may, in evaluating NJ SNAP eligibility or benefit levels, use any other documented information obtained subsequent to the application, which may have been used in the WFNJ/TANF/SSI determination.

(s) Categorical eligibility shall be assumed at recertification in the absence of a timely WFNJ/TANF redetermination. If a recertified household is subsequently terminated from WFNJ/TANF benefits, the procedures at 10:87-2.35 or 9.5 shall be followed, as appropriate.

N.J. Admin. Code § 10:87-2.32

New rule R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
Amended by R.1989 d.464, effective 9/5/1989.
See: 21 N.J.R. 1636(a), 21 N.J.R. 2790(a).
Cross-reference to N.J.A.C. 10:87-2.30 added.
Amended by R.1990 d.270, effective 5/21/1990.
See: 22 N.J.R. 139(a), 22 N.J.R. 1599(a).
Stylistic and structural changes throughout to conform with Federal regulations regarding eligibility for food stamp benefits of AFDC and SSI recipient households.
Added new (a)1 and renumbered 1-3 as 2-4, with no change in text.
Added head of household text at (c)3.
Added new provision at ( o) regarding ineligibility status of AFDC/SSI recipients.
Added new (s) and (t).
Amended by R.1998 d.498, effective 10/5/1998.
See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b).
In (a), substituted a reference to WFNJ for a reference to AFDC in the introductory paragraph, and added 5.
Amended by R.1999 d.6, effective 1/4/1999.
See: 30 N.J.R. 3451(a), 31 N.J.R. 69(a).
Substituted references to WFNJ/TANF for references to AFDC throughout; in (a), rewrote 4; and in (c), deleted a former 2, and recodified former 3 and 4 as 2 and 3.
Amended by R.1983 d.121, effective 4/4/1983.
See: 15 N.J.R. 247(a), 15 N.J.R. 625(b).
Originally adopted as an Emergency Rule, R.1983 d.38, eff. 1/31/1983. The amendment was pursuant to the Omnibus Budget Reconciliation Act of 1982 (P.L. 97-253) and the Food Stamp and Commodity Distribution Amendments of 1981 (P.L. 97-98, Title 13).
Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
Amended by R.1998 d.498, effective 10/5/1998.
See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b).
In (a), deleted a former 3, and recodified former 4 as 3 and added a second sentence.
Recodified from N.J.A.C. 10:87-2.36 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. 10:87-2.32, Expedited service, recodified to N.J.A.C. 10:87-2.28.
Amended by R.2007 d.129, effective 5/7/2007.
See: 38 N.J.R. 4374(a), 39 N.J.R. 1719(a).
In (a), substituted "food stamp benefits" for "food stamps", and deleted "Not included are:" from the end; in (a)2, inserted quotation marks around "Authorized to receive", substituted ", but, is not receiving a money payment, chooses not to receive a money payment," for "but has not yet received", and deleted the comma following "entitled to"; in (a)4, substituted "food stamp benefits" for "food stamps"; in (b)2, deleted "or" from the end; added new (b)4; recodified existing (b)4 as (b)5; rewrote (c)2; in (h), substituted "food stamp benefits" for "food stamps"; in (i), substituted "food stamp benefits" for "food stamps" twice, and inserted "benefit" preceding "eligibility"; in (m), substituted "food stamp" for "food stamps" following "joint application for" and "food stamp benefits" for "food stamps"; in ( o), substituted "food stamp benefits" for "food stamps", and substituted "allotment" for "benefits"; and in (p), substituted "food stamp" for "food stamps" following "joint application for", and inserted "benefits".
Amended by R.2009 d.94, effective 3/16/2009.
See: 40 N.J.R. 5932(a), 41 N.J.R. 1245(b).
Added (a)5.
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).
Substituted "NJ SNAP" for "food stamp" throughout; in the introductory paragraph of (a), substituted "NJ SNAP program" for "Food Stamp Program"; in (a)4, deleted a comma following the final occurrence of "SSI"; in (c)1, substituted "); or" for ".1 et seq.);"; deleted former (a)2; recodified (a)3 as (a)2; in the introductory paragraph of (d) and (i) and in (h) and (n), substituted "that" for "which"; in (e)3, deleted "10:87-" preceding "11.2"; in (f), substituted "NJ SNAP ETP" for "food stamp employment and training program"; in (j)3, inserted "of" following "date"; and in (k), deleted a comma following "suspended".