Persons Disqualified or Ineligible to Participate in SNAP

A. Disqualified individuals shall not be allowed to participate in SNAP as separate households. “Disqualified individuals” are individuals disqualified for: 1. IPV/fraud; 2. Failure to either provide or obtain an SSN; 3. Being an ineligible non-citizen; 4. Failure to comply with work requirements; 5. Being an ABAWD who has been disqualified after receiving three (3) months of SNAP benefits within a period of thirty-six (36) months; or, 6. Being a person with a felony conviction who is not in compliance with the terms of their sentence and was convicted as an adult for conduct that occurred after February 7, 2014 for any of the following crimes: a. Aggravated sexual abuse under Section 2241 of Title 18, United States Code; b. Murder under Section 1111 of Title 18, United States Code; c. An offense under Chapter 110 of Title 18, United States Code; d. A federal or state offense involving sexual assault, as defined in Section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); or e. An offense under state law determined by the attorney general to be substantially similar to an offense described in clause (a), (b), or (c). B. Individuals who are fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony shall not be considered eligible household members. If an individual is suspected of being a fleeing felon, either by their own admission or based on a report from law enforcement, the fleeing status must be verified in to determine if the client is eligible for SNAP. The following four-part test must be used to determine if the individual would be considered a fleeing felon for SNAP: 1. There is an outstanding felony warrant for the individual by a Federal, State, or local law enforcement agency and the underlying cause for the warrant is for committing, or attempting to commit, a crime that is a felony under the law of the place from which the individual is fleeing or is a high misdemeanor under the law of New Jersey; and 2. The individual is aware of, or should reasonably have been able to expect that, the felony warrant has already or would have been issued; and 3 The individual has taken some action to avoid being arrested or jailed; and 4. The Federal, State, or local law enforcement agency is actively seeking the individual as provided in 4.304.4, C, 1. C. Individuals who are determined to be a parole or probation violator shall not be an eligible household member. To be considered a probation or parole violator, an impartial party, as designated by the agency, must determine that the individual violated a condition of his or her probation or parole imposed under Federal or State law, and that Federal, State, or local law enforcement authorities are actively seeking the individual to enforce the conditions of the probation or parole as outlined below. 1. For the purposes of this provision, actively seeking is defined as follows: a. A Federal, State, or local law enforcement agency informs the local office that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within twenty (20) days of submitting a request for information about the individual to the local office; or, b. A Federal, State, or local law enforcement agency presents a felony arrest warrant as provided in 4.304.4, B, 1; or, c. A Federal, State, or local law enforcement agency states that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within thirty (30) days of the date of a request from a local office about a specific outstanding felony warrant or probation or parole violation. D. Residents of commercial and noncommercial boarding houses and institutions are not eligible to participate in the Program unless exempt in Section 4.304.41. 1. The household of the proprietor of a boarding house may participate in the Program separate and apart from the residents of the boarding house if that household meets all eligibility requirements for Program participation. 2. An institution is a place which has not been authorized by FNS to accept SNAP benefits, but which provides its residents with more than fifty percent (50%) of their daily meals as a part of its normal services. Residents of a halfway house for persons with a disability are residents of an institution if they are provided meals as part of their regular service. 3. Students who purchase meal plans through an institution of higher education shall be considered residents of an institution if the meal plan provides the student more than fifty percent (50%) of his/her meals, unless the individual is otherwise exempt from the institution provisions as provided in Section 4.304.41.