N.J. Admin. Code § 10:87-2.4

Current through Register Vol. 56, No. 7, April 1, 2024

Section 10:87-2.4 - Residents of institutions and homeless individuals defined

(a) Individuals shall be considered residents of an institution when the institution provides them with the majority of their meals (over 50 percent of three meals daily) as part of the institution's normal services. Residents of institutions are not eligible for participation in the NJ SNAP program, with the following exceptions:

1. Residents of Federally subsidized housing for the elderly, built under either Section 202 of the Housing Act of 1959 or Section 236 of the National Housing Act;

2. Substance abusers who, for the purpose of regular participation in a New Jersey Department of Health and Senior Services licensed or approved residential substance abuse treatment program, reside at a facility or treatment center as described at 10:87-2.7(d);

i. Residents must be certified as one-person households unless their children are living with them, in which case their children shall be included in the household with the parent;

3. Blind and/or disabled individuals who meet the definition at 10:87-2.34 and who reside in a public or private nonprofit group living arrangement that serves no more than 16 residents (see 10:87-2.7(e) );

4. Women or women with their children temporarily residing in a shelter for battered women and children shall be considered individual household units for the purpose of applying for and participating in the program.

i. A shelter for battered women and children shall be defined as a public or private nonprofit residential facility that serves battered women and their children and which may be authorized by FNS to accept and redeem NJ SNAP benefits. If such a facility serves other individuals, a portion of the facility must be set aside on a long term basis to serve only battered women and children.

ii. The CWA shall maintain a list of shelters which meet the definition at (a)4i above and document the basis of this determination. Shelters having FNS authorization to redeem NJ SNAP benefits through wholesalers shall be deemed as meeting the above definition.

5. Residents of public or private nonprofit shelters for homeless persons.

(b) Homeless individual means an individual who lacks a fixed and regular nighttime residence or whose primary nighttime residence is:

1. A supervised shelter designed to provide temporary accommodations, such as a welfare hotel or congregate shelter;

2. A halfway house or similar institution that provides temporary residence for individuals intended to be institutionalized;

3. A temporary accommodation in the residence of another individual, provided that such accommodation is not maintained for more than 90 days; or

4. A place not designed for, or ordinarily used, as regular sleeping accommodation for human beings (a hallway, a bus station, a lobby or similar places).

N.J. Admin. Code § 10:87-2.4

Amended by R.1982 d.473, effective 1/3/1983.
See: 14 N.J.R. 1037(a), 15 N.J.R. 34(a).
Added, group living arrangements and shelters for battered women.
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.1993 d.62, effective 2/1/1993.
See: 24 N.J.R. 3207(b), 25 N.J.R. 584(a).
In (a)3, revised definition of who qualifies for food stamp benefits in an institution.
Amended by R.1998 d.498, effective 10/5/1998.
See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b).
In (b)3, inserted ", provided that such accommodation is not maintained for more than 90 days" following "individual".
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.
Administrative change.
See: 44 N.J.R. 1529(a).