N.J. Admin. Code § 10:87-9.5 - Simplified reporting and change reporting

(a) Simplified reporting cases consist of earned income and unearned income households. The certification period is for 12 months with a six-month interim contact. For elderly (60 years of age or older) or disabled households with only unearned income, the certification period is for 24 months with a 12-month interim contact. WFNJ recipients with only unearned income are not eligible for simplified reporting. Additionally, those elderly or disabled households that exceed the 185 percent of the Federal Poverty Level, and are not required to meet a gross income test, cannot be included in simplified reporting no matter what earned or unearned income that household has. NPA households eligible for simplified reporting are households with any combination of earned and unearned income and households whose only income is unearned from sources, such as child support; Retirement, Survivors and Disability Insurance; Unemployment Insurance benefits and so forth.

1. When changes occur within the certification period, which affect a household's eligibility or benefit allotment, action shall be taken by the CWA to adjust the household's eligibility when it is a reportable change, reported by the household and/or the CWA becomes aware of the change. The only change that a household on simplified reporting is required to report during the certification period is when the total monthly household income exceeds 130 percent of the Federal Poverty Level, which is the maximum gross income eligibility limit for the NJ SNAP program.

i. Expanded categorical households are required to report changes in income over 185 percent of the Federal Poverty Level.

ii. ABAWDs are required to report whenever their weekly work hours fall below the 20 hours weekly average.

iii. Certified households are required to report changes within 10 days of the date the change becomes known to the household.

2. The household is required to report if there is a change of gross unearned income of more than $ 50.00; a change in gross earned income of $ 100.00 or more; or a change in residence and the resulting change in shelter cost on the six-month/12-month interim report. If the household reports a non-reportable change, the CWA is responsible to act on that change when it becomes known to the CWA.

3. An Interim Reporting Form (IRF) WFNJ/NJ SNAP-4 is sent to the household at the six-month or 12-month interim contact depending on whether the certification period is for 12 months or 24 months.

i. The agency shall mail the IRF to the recipient in the fifth- or 11th-month of the certification period. The recipient will complete the IRF by providing corrections if needed or indicate that there are no changes and return the completed signed and dated IRF to the CWA by the designated date. If the IRF is received completed but not dated by the recipient, the CWA shall date the form on the date it was received. If no changes have occurred, the IRF shall be filed in the case record. If a change has occurred, the CWA shall obtain the required verification. If the required verification is received timely, the case will continue the certification period until the 12th- or 24th-month. If the required verification is not received timely, the case shall go into suspension in the seventh- or the 13th-month. If the required verification is received during the suspension month, the case shall continue the 12- or 24-month certification. If either no contact is made or the verification is not received during the suspension month, the case will close. If the case closes, a new application shall be filed by the household in order to receive NJ SNAP benefits. Under all circumstances, a completed IRF must be in the case record. If the reported change makes the household ineligible the case shall be terminated.

(b) Change reporting households are those households not on simplified reporting. The certification period is for 12 months. These households are required to report changes within 10 days of the date the change becomes known to the household.

1. Change reporting households shall be required to report the following:

i. New employment within 10 days of the date that they receive their first pay;

ii. Changes in the source of unearned income or a change in the amount of unearned income of $ 50.00 or more and/or a change in the amount of earned income of more than $ 100.00. Changes in either the WFNJ/TANF grant or the WFNJ/GA grant where the CWA is administering the WFNJ/GA program for the locality in which the recipient resides are not required to be reported;

iii. All changes in household composition, such as the addition or loss of a household member (see 10:87-2.2 and 2.3) and a child turning 18 years old;

iv. Changes in residence and the resulting change in shelter costs; and

v. Changes in the amount received as a result of a legal obligation including, but not limited to, changes such as termination of an obligation to pay child support.

2. A household is not required to report changes in the amount of child support it pays.

(c) The CWA shall treat the submission of the report of change as a waiver of the household's right to a notice of an adverse action.

1. During the household's certification period, when a CWA obtains information about changes in a household's circumstances but is unable to adjust the household's benefit without requesting written clarification, the Request for Contact (RFC) Letter shall be utilized. The RFC shall only be used when the CWA already has information about the household that needs further clarification. If the CWA does not have any information that requires further contact with the household, CWAs are prohibited from contacting the household until the next recertification, unless it is to refer them to appropriate employment and training activities.

i. If the household responds to the RFC, the CWA shall act on the new circumstances in accordance with (c)3 below.

ii. If the household does not respond to the RFC, or responds but fails to provide sufficient information to clarify its circumstances, the CWA shall take appropriate action, that is, issue a notice of adverse action, closing the case. As an alternate action, the CWA may choose to suspend the case for one month before closing it.

2. The appropriate change report form (NJ SNAP 922, 922A or 922B) and an Income Maintenance NJ SNAP Explanation sheet (NJ SNAP-933) shall be provided to newly certified households at the time of certification, at recertification if the household needs a new form; and a new form shall be sent to the household whenever a change report form is returned by the household. The CWA shall provide a stamped self-addressed envelope with the form. Although households should be encouraged to complete and return the change form when a change is being reported, changes reported over the telephone or in person by the household shall be acted on in the same manner as those reported on the change report form.

3. The CWA shall advise the household of its responsibilities to report changes within the required time period. The CWA is required to take prompt action on all changes reported by the household to determine if the change affects the household's eligibility or allotment. Even if there is no change in allotment, the CWA shall document the change in the case record, and for those households not on simplified reporting, provide another change report form (NJ SNAP-922) to the household. The CWA shall notify any household of the receipt of the change report and effect of the change, if any, on its benefits. Restoration of lost benefits shall be provided to any household if the CWA fails to take action on a change which increases benefits within the time limits specified below.

i. For changes which result in an increase in a household's benefits, other than changes described in ii below, the CWA shall make the change effective not later than the first allotment following the 10th day after the date the change was reported to the CWA. For example, a $ 30.00 decrease in income reported on the 15th day of May would increase the household's June allotment. If the same decrease were on May 28, and the household's normal issuance cycle was on June 1, the household's allotment would have to be increased by July.

ii. For changes which result in an increase in a household's benefits due to the addition of a new household member who is not a member of another certified household, or due to a decrease of $ 50.00 or more in the household's gross monthly income, the CWA shall make the changes effective no later than the first allotment issued 10 days after the date the change was reported. However, in no event shall these changes take effect any later than the month following the month in which the change is reported. Therefore, if the change is reported after the 20th of a month and it is too late for the CWA to adjust the following month's allotment, the CWA shall issue a supplementary benefit by the 10th day of the following month.

(1) When a household's circumstances change and it becomes entitled to a different income eligibility standard, the CWA shall apply the different standard at the next recertification or whenever the CWA changes the household's eligibility, benefit level, or certification period, whichever occurs first.

(2) Verification required by 10:87-2.19 through 2.22, must be obtained prior to the issuance of the second normal monthly allotment after the change is reported. If the household does not provide verification, the household's benefits will revert to the original benefit level. In cases where the CWA has determined that a household has refused to cooperate, as defined at 10:87-2.14 through 2.17, the CWA shall terminate the household's eligibility. If the CWA increases a household's benefits to reflect a reported change but subsequent verification indicates that the household was entitled to fewer benefits, the CWA shall establish a claim in accordance with 10:87-11.20.

iii. If the household's benefit level decreases or the household becomes ineligible as a result of the change, the CWA shall issue a notice of adverse action within 10 days of the date the change was reported, unless one of the exemptions to the notice of adverse action in (g) and (h) below applies. The decrease in the benefit level shall be made effective no later than the allotment for the month following the month in which the notice of adverse action period has expired, provided a fair hearing and continuation of benefits have not been requested. The CWA shall postpone obtaining verification required by 10:87-2.19 through 2.22 until the case is next recertified.

4. Certain changes are initiated by the State or Federal government that may affect the entire caseload or significant portions of the caseload. These mass changes include annual adjustments to the net income eligibility standards and the shelter/dependent care deduction; adjustments to the maximum benefit allotment and standard deduction; seasonal adjustments to the utility standard; periodic cost-of-living adjustments to Social Security, SSI and other Federal benefits; Federally-mandated reductions, suspensions or cancellations of NJ SNAP benefits; periodic adjustments to WFNJ/TANF and other changes in the eligibility criteria based on legislative or regulatory actions.

(d) NJ SNAP program changes include Federal adjustments to eligibility standards, allotments and deductions; Federally mandated reductions, suspensions or cancellations of NJ SNAP benefits, and State adjustments to the utility standard. These adjustments shall go into effect for all households at a specific point in time. Adjustments to the maximum benefit allotment, shelter/dependent care deduction and the standard deduction shall be effective for all issuances in October. Annual adjustment to the income eligibility standards shall be effective for all October issuances. Adverse action notices are not required for such changes. However, prior publicity of adjustments shall be made through news media, by placing posters in certification offices, issuance locations or sites frequented by certified households or by issuing general notices mailed to households.

(e) When the State makes an overall adjustment to WFNJ/TANF payments, corresponding adjustments in the household's NJ SNAP benefits shall be handled as a mass change. When the CWA has at least 30 days advance knowledge of the amount of the WFNJ/TANF adjustment, the CWA shall recompute NJ SNAP benefits to be effective in the same month as the WFNJ/TANF change. If the CWA does not have sufficient notice, the NJ SNAP change shall be effective not later than the month following the month in which the WFNJ/TANF change was made.

1. A notice of adverse action is not required when a household's NJ SNAP benefits are reduced or terminated as a result of a mass change in the PA grant. However, the CWA shall send individual notices to households to inform them of the change. If a household requests a fair hearing, benefits shall be continued at the former level only if the issue being appealed is that NJ SNAP eligibility or benefits were improperly computed.

(f) DFD shall administer mass changes to reflect COLAs in benefits and any other mass changes under RSDI, SSI, and other programs where COLA information is readily available and applicable to a majority of those program's beneficiaries. Households are not responsible for reporting these changes.

(g) Households shall be notified whenever their benefits are altered as a result of changes in the WFNJ/TANF benefits. If the WFNJ/TANF benefits are terminated but the household is still eligible for NJ SNAP benefits, members of the household shall be advised of NJ SNAP work registration requirements, if applicable, as their work requirement under Title IV of the Social Security Act exemption no longer applies.

(h) Whenever a change results in the reduction or termination of a household's WFNJ/TANF benefits within its NJ SNAP certification period, and the CWA has sufficient information to determine how the change affects the household's NJ SNAP eligibility and benefit level, the CWA shall:

1. Issue a single notice of adverse action for both the WFNJ/TANF and NJ SNAP actions. If the household requests a fair hearing within the period provided by the notice of adverse action, the household's NJ SNAP benefits shall be continued on the basis authorized immediately prior to sending the notice. If the fair hearing is requested for both programs' benefits, the hearing shall be conducted according to WFNJ/TANF procedures and timeliness standards. However, the household must reapply for NJ SNAP benefits if the NJ SNAP certification period expires before the fair hearing process is completed. If the household does not appeal, the change shall be made effective in accordance with the procedures specified in (c) above.

2. If the household's NJ SNAP benefits will be increased as a result of the reduction or termination of WFNJ/TANF benefits, the CWA shall issue the PA notice of adverse action, but shall not take any action to increase the household's NJ SNAP benefits until the household decides whether it will appeal the adverse action. If the household decides to appeal and its WFNJ/TANF benefits are continued, the household's NJ SNAP benefits shall continue on the previous basis. If the household does not appeal, the CWA shall make the change effective in accordance with the procedures specified in (c) above, except that the time limits for the CWA to act on changes that increase a household's benefits shall be calculated from the date the PA notice of adverse action period expires.

(i) Whenever a change results in the termination of a household's WFNJ/TANF benefits within its NJ SNAP certification period, and the CWA does not have sufficient information to determine how the change affects the household's NJ SNAP eligibility and benefit level (such as when an absent parent returns to a household, rendering the household categorically ineligible for public assistance, and the CWA does not have any information on the income of the new household member), the CWA shall not terminate the household's NJ SNAP benefits but take the following action:

1. Where a PA notice of adverse action has been sent, the CWA shall wait until the household's notice of adverse action period expires or until the household requests a fair hearing, whichever occurs first. If the household requests a fair hearing and its WFNJ/TANF benefits are continued pending the appeal, the household's NJ SNAP benefits shall be continued on the same basis.

2. If a PA notice of adverse action is not required, or the household decides not to request a fair hearing and continuation of its WFNJ/TANF benefits, the CWA shall send the household an RFC in accordance with (c)1 above.

(j) Prior to any action to reduce or terminate a household's benefits within the certification period, the CWA shall provide the household timely and adequate advance notice before the adverse action is taken.

1. The notice of adverse action will be considered timely provided it is mailed at least 10 days prior to the date upon which the action becomes effective.

(k) Individual notices of adverse action are not required when:

1. The State initiates a mass change as described in (d) and (e) above;

2. The CWA determines, based on reliable information, that all members of a household have died;

3. The CWA determines, based on reliable information, that the household had moved from the county;

4. The household has been receiving an increased allotment to restore lost benefits, the restoration is complete, and the household was previously notified in writing of the date increased allotment would terminate;

5. The household's allotment varies from month to month within the certification period to take into account changes which were anticipated at the time of certification, and the household was so notified at the time of certification;

6. A household member is disqualified for intentional program violation in accordance with N.J.A.C. 10:87-11 or the benefits of the remaining household members are reduced or terminated to reflect the disqualification of that household member, provided that the CWA had previously instructed the household of its fair hearing rights, the date that allotment reduction would become effective, and the allotment which the household would receive after allotment reduction had begun. The notice requirements for individuals or households affected by intentional program violation disqualifications are explained at 10:87-7.7(d)1 and 11;

7. The household jointly applied for WFNJ/TANF and NJ SNAP benefits and has been receiving NJ SNAP benefits pending the approval of the WFNJ/TANF grant and was notified at the time of certification that NJ SNAP benefits would be reduced upon approval of the WFNJ/TANF grant;

8. The household has received an increased allotment pending verification of a reported change. If the household does not provide verification prior to the next issuance of its NJ SNAP allotment, the household's allotment will revert to the original allotment;

9. The individual is a resident of a substance abuse treatment center or group living arrangement, which lost its certification from the appropriate State agency;

10. The household's NJ SNAP allotment is reduced to repay a claim as a result of failure to make agreed upon installment payments in cash and/or NJ SNAP benefits (see 10:87-11.20(h)5 i through iv);

11. The household voluntarily requests in writing, or in the presence of a caseworker that its participation in the NJ SNAP program be terminated. The CWA shall respond to all non-written requests by sending the household a letter confirming the voluntary withdrawal. Households provided written confirmation of voluntary withdrawal from the NJ SNAP program may request a fair hearing;

12. The CWA determines, based on reliable information that the household is departing from the county of current residence prior to the next issuance and therefore, will not be able to obtain and negotiate its next allotment. While the CWA may inform the household before its next issuance date, they shall not delay terminating the household's participation in order to provide advance notice; or

13. The CWA initiates recoupment of a claim against a household which has previously received a notice of adverse action with respect to such claim.

(l) When the household's address is unknown, and mail directed to that address has been returned by the post office indicating no known forwarding address, the CWA shall close the case. However, if mail returned indicates a forwarding address, the CWA shall send an RFC in accordance with (c)1 above.

Notes

N.J. Admin. Code § 10:87-9.5

Amended by R.1979 d.459, effective 1/1/1980.
See: 12 N.J.R. 40(c) .
(a)1i: Added (6).
Amended by R.1980 d.117, effective 3/19/1980.
See: 11 N.J.R. 517(a) , 12 N.J.R. 194(b) .
(a)2ii: In third sentence, added "receipt of the change report and the"; added subparagraph (1) and renumbered (1)-(2) as (2)-(3).
(c): Added paragraph 8.
Amended by R.1981 d.64, effective 1/26/1981.
See: 13 N.J.R. 226(b) .
Substantially amended.
Amended on an emergency basis, R.1981 d.398, eff. 9/30/1982 (oper. October 1, 1981), exp. November 30, 1981. See: 13 N.J.R. 769(a) .
Readopted, R.1981 d.517, eff. 12/31/1981.
See: 13 N.J.R. 769(a) , 14 N.J.R. 103(a) .
(a)2ii 2(B) added and existing (B) renumbered as (C).
Amended by R.1982 d.473, effective 1/3/1983.
See: 14 N.J.R. 1037(a) , 15 N.J.R. 34(a) .
Treatment of disqualified facilities enumerated.
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 Amendment of 1982 (P.L. 97-253) and the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35).
"Fraud" replaced by "intentional program violation"; reduction of benefit due to household failure to repay.
Amended by R.1985 d.346, effective 7/1/1985.
See: 17 N.J.R. 883(a) , 17 N.J.R. 1659(a) .
"CWA" substituted for "State agency". (a)11 added.
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) .
Stylistic revisions to text.
In (k)9: deleted language regarding FNS disqualification.
Amended by R.1991 d.247, effective 5/6/1991.
See: 23 N.J.R. 179(a) , 23 N.J.R. 1412(b) .
At (b)2: added new text regarding CWA's provision of telephone number for households.
At (c)2ii(3): added text regarding a supplementary ATP.
Amended by R.1998 d.498, effective 10/5/1998.
See: 30 N.J.R. 1928(a) , 30 N.J.R. 3669(b) .
Rewrote (b); in (c)2ii, deleted a former (1), and recodified former (2) and (3) as (1) and (2); in (k), added ", provided that the CWA had previously instructed the household of its fair hearing rights, the date that allotment reduction would become effective, and the allotment which the household would receive after allotment reduction had begun" at the end of the first sentence of 6, and added 13; and added (l).
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; rewrote (f); and in (k), deleted a reference to (f) in the introductory paragraph.
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.
Amended by R.2007 d.129, effective 5/7/2007.
See: 38 N.J.R. 4374(a) , 39 N.J.R. 1719(a) .
In (c), substituted "households" for "household", and inserted "in (b)"; in (c)4, inserted "mass" and substituted "Federally-" for "federally"; in (d), substituted "Food Stamp Program changes" for "These" and "Federally-" for "federally"; and in (k)9, substituted "The individual is a resident of a substance abuse treatment center" for "Residents of a treatment center".
Amended by R.2009 d.94, effective 3/16/2009.
See: 40 N.J.R. 5932(a) , 41 N.J.R. 1245(b) .
Rewrote the section.
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) .
Section was "Changes". Rewrote the section.
Modified by Executive Order No. 103(2020), effective 4/2/2020.
See: 52 N.J.R. 978(b) .