N.J. Admin. Code § 10:87-2.7

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

Section 10:87-2.7 - Authorized representatives

(a) The head of the household, spouse, or any other responsible member of the household may designate an authorized representative to act on behalf of the household in one or all of the functions described in (b) through (e) below.

(b) When the head of the household or the spouse cannot make application, another household member may apply, or an adult nonhousehold member may be designated as the authorized representative for that purpose. The head of the household or the spouse should prepare or review the application whenever possible even though another household member or the authorized representative will actually be interviewed. In conjunction with these provisions, another household member or the household's authorized representative may complete work registration forms for those household members required to register for work. The authorized representative designated for application processing purposes may also carry out household responsibilities during the certification period, such as reporting changes in the household's income or other household circumstances in accordance with 10:87-9.5(b). The CWA shall inform the household that it will be held liable for any overissuance which results from erroneous information given by the authorized representative, except as provided at 10:87-7.8(d) and 7.9(d). Adults who are non-household members may be designated as authorized representatives for certification purposes only under the following conditions:

1. The authorized representative has been designated in writing by the head of the household or the spouse, or another responsible member of the household; and

2. The authorized representative is an adult (age 18 or older) who is sufficiently aware of relevant household circumstances.

(c) An authorized representative may be designated as a payee to use NJ SNAP benefits. The authorized representative for benefit use may be the same individual designated to make application and meet reporting requirements during the certification period for the household or may be another individual. An authorized representative acting as payee may access NJ SNAP benefits in order to purchase food for the household's consumption, with the full knowledge and consent of the household. This designation can be made at the time the application is completed, or at a later date, and an authorized representative who is acting as a payee shall be issued his or her own Families First card with its own Personal Identification Number (PIN) in accordance with the provisions at 10:88-3.2.

1. The household may also designate an emergency authorized representative at a later date. An emergency authorized representative is someone not already identified who would be able to assist the household when neither a household member nor the authorized representative is able to assist them because of unforeseen circumstances.

(d) Substance abusers who regularly participate in a drug or alcoholic treatment program on a resident basis may elect to participate in the NJ SNAP program. The resident shall apply and be certified for program participation through the use of an authorized representative who shall be an employee of and designated by the publicly operated community mental health center or the private nonprofit organization or institution which is administering the treatment and rehabilitation program. The organization or institution shall apply on behalf of each substance abuser and shall receive a Families First card for each individual and shall access each individual's benefit for food prepared by and/or served to the substance abuser. The organization or institution shall also be responsible for complying with the requirements set forth at 10:87-7.8 and 10:88-3.5.

1. For the purpose of this Manual, a center shall be defined as any licensed or approved residential substance abuse treatment program or halfway house which has been certified as such by the New Jersey Department of Human Services or has been authorized by FNS to accept NJ SNAP benefits as a retailer.

2. Prior to certifying any residents for NJ SNAP benefits, the CWA shall verify that the treatment center is authorized by FNS as a retailer or is certified as an approved center by the New Jersey Department of Human Services.

i. A center or facility which is in possession of a current NJ SNAP program Authorization Card (Form FNS-254) shall be construed as an authorized center.

(e) Residents of group living arrangements shall either apply and be certified through use of an authorized representative employed and designated by the group living facility or apply and be certified on their own behalf or through an authorized representative of their own choice. Prior to certifying any residents for NJ SNAP benefits, the CWA shall verify that the facility is authorized by FNS or certified by the Department of Human Services (see (e)1 below).

1. A group living arrangement shall be defined as a public or private nonprofit residential setting which serves no more than 16 residents, which is certified by the New Jersey Department of Human Services and which may elect to be authorized by FNS to accept NJ SNAP benefits.

i. A center or facility which is in possession of a current NJ SNAP program Authorization Card (FNS-254) shall be construed as an authorized center.

2. Staff of the group living arrangement facility has the responsibility to determine if any individual or group of individuals residing at the facility is competent to comprehend the application process and be responsible for his/her statements in order to apply on his/her own behalf.

3. If the group living arrangement facility acts as the authorized representative, the facility shall make application for an individual resident as a one-person household.

4. If the resident applies through the facility as the authorized representative, the facility may either access each individual's benefit allotment for food prepared by and/or served to the eligible residents or allow the eligible resident access to all or any portion of the allotment on his or her own behalf.

5. If the residents are certified on their own behalf, the benefit allotment may either be accessed by the facility to be used to purchase food for meals served, whether communally or individually to eligible residents; or the benefit allotment may be accessed by each eligible resident to purchase and prepare food for their own consumption; and/or to purchase meals prepared and served by the group living arrangement.

6. The group living arrangement facility is responsible for complying with the requirements set forth at 10:87-7.9 and 10:88-3.5.

N.J. Admin. Code § 10:87-2.7

As amended, R.1980 d.117, effective 3/19/1980.
See: 11 N.J.R. 517(a), 12 N.J.R. 194(b).
(a)2i: Added last sentence.
(a)4i: Deleted requirement for prior authorization to receive food stamps.
As amended, R.1982 d.437, effective 12/20/1982.
See: 14 N.J.R. 1041(a), 14 N.J.R. 1462(b).
Household representative authorized to complete work registrations for other household members.
As amended, R.1982 d.474, effective 1/3/1983.
See: 14 N.J.R. 1081(b), 15 N.J.R. 35(a).
Authorization by FNS delineated.
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.1999 d.6, effective 1/4/1999.
See: 30 N.J.R. 3451(a), 31 N.J.R. 69(a).
In (e)2ii and (f)1ii, substituted references to the Division of Family Development for references to the Division of Economic Assistance, Bureau of Food Stamps.
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).