N.J. Admin. Code § 10:90-11.12

Current through Register Vol. 56, No. 18, September 16, 2024

Section 10:90-11.12 - Imposing disqualification periods

(a) If the individual is not eligible at the time the disqualification period is to begin, the period shall be postponed and becomes applicable upon reapplication by the individual for WFNJ benefits if the individual is determined eligible for such benefits, or becomes applicable upon the expiration of a previously imposed program sanction at such time that the individual would normally resume receipt of benefits. However, once a disqualification period is imposed, the period of disqualification shall continue uninterrupted regardless of the eligibility of the individual.

(b) For an individual who signs a waiver of the right to an administrative disqualification hearing, the disqualification period shall begin no later than the first day of the second month which follows the date the individual received written notification of the disqualification.

(c) For an individual who signs a disqualification consent agreement, the disqualification period shall begin no later than the first day of the second month which follows the date of the notice, unless otherwise directed by the court.

(d) For an individual found guilty of IPV by an administrative disqualification hearing, the disqualification period shall begin with the first day of the second month which follows the date the individual received written notification of the hearing decision.

(e) For an individual found guilty of IPV by a court of appropriate jurisdiction, the disqualification period shall begin within 45 calendar days of the date the disqualification was ordered or, if no disqualification period is specified by the court, within 45 calendar days of the date the court found the individual guilty of civil or criminal misrepresentation or fraud.

(f) Whenever an individual is disqualified for IPV, the county or municipal agency shall provide written notice to the individual prior to the disqualification. The notice shall inform the individual of the decision and the reason for the decision. In addition, the notice shall inform the individual of the period of disqualification and of the amount of assistance the remaining eligible assistance unit members will receive during the period of disqualification. In the event that the individual's disqualification resulted from a prior receipt of assistance, the notice shall advise that the disqualification will be postponed until after a reapplication for WFNJ assistance is approved.

(g) When an individual with a previous IPV disqualification moves from one county, municipality or state to another, the receiving county or municipal agency shall take the previous disqualification into consideration when determining the appropriate penalty to be applied against that individual, if such action is required.

(h) When an individual currently serving an IPV disqualification moves from one county, municipality or state to another, the disqualification shall continue regardless of the individual's WFNJ eligibility status in the receiving county or state.

N.J. Admin. Code § 10:90-11.12