10:87-11.12 Period of restoration

(a) Benefits shall be restored for a period of not more than 12 months prior to whichever of the following occurred first: 1. The date the CSSA was notified by the household or by another person or agency in writing or orally of the possible loss to that specific household; 2. The date the CSSA discovers in the normal course of business that a loss to a specific household has occurred; or 3. The date the CSSA receives a request for restoration of lost benefits from a household. (b) The CSSA shall restore benefits to households which were found by any judicial action to have been wrongfully withheld. If the judicial action is the first action the recipient has taken to obtain restoration of lost benefits, then benefits shall be restored for a period of not more than 12 months from the date the court action was initiated. When the court action is a review of a CSSA action, benefits shall be restored for a period of not more than 12 months from the date the court action was initiated. When a court action is a review of a CSSA action, benefits shall be restored for a period of not more than 12 months from the earliest of the following dates: 1. The date the CSSA received a request for restoration; or 2. If no request for restoration is received, the date the fair hearing action was initiated. (c) In no case shall benefits be restored for more than one year prior to the date the CSSA is notified of or discovers the loss. History HISTORY: As amended, R.1983 d.224, effective May 31, 1983. See: 15 N.J.R. 633(a), 15 N.J.R. 1034(a). Originally adopted as an Emergency Rule, R.1983 d.117, effective March 31, 1983, operative April 1, 1983. The amendments are pursuant to the Food Stamp Act Amendments of 1982 (P.L. 97-253) and the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35). Reference to "fraud" replaced by "intentional program violation". Amended by R.1989 d.121, effective February 21, 1989. See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b). Recodified with amendments from 11.10. Recodified from N.J.A.C. 10:87-11.14 and amended by R.2004 d. 181, effective May 17, 2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Deleted introductory phrases throughout. Former N.J.A.C. 10:87-11.12, reversed intentional program violation disqualifications, repealed.