10:87-11.15 Computing amount to be restored

(a) After correcting the loss for future months and excluding those months for which benefits may have been lost prior to the 12-month time limits described at N.J.A.C. 10:87- 11.12, the CSSA shall calculate the amount to be restored as follows: 1. If the household was eligible but received an incorrect allotment, the loss of benefits shall be calculated only for those months the household participated in the program. 2. If the loss was caused by an incorrect delay, denial or termination of benefits, the months affected by the loss shall be calculated as follows: i. If an eligible household's application was erroneously denied, the month the loss initially occurred shall be the month of application, or for an eligible household filing a timely reapplication, the month following the expiration of its certification period. ii. If an eligible household's application was delayed, the months for which benefits are lost shall be calculated in accordance with procedures at N.J.A.C. 10:87-2.27 for determining whether the delay was caused by the household or by the CSSA. iii. If a household's benefits were erroneously terminated, the month the loss initially occurred shall be the first month benefits were not received as a result of the erroneous action. iv. After computing the date the loss initially occurred, the loss shall be calculated for each month subsequent to that date until either the first month the error is corrected or the first month the household is found ineligible. (b) For each month affected by the loss, the CSSA shall determine if the household was actually eligible. In cases where there is no information in the household's case record to document that the household was actually eligible, the CSSA shall advise that household of what information must be provided to demonstrate eligibility for these months. For each month the household cannot provide the necessary information to demonstrate its eligibility, the household shall be considered ineligible. (c) For the months the household was eligible, the CSSA shall calculate the allotment the household should have received. If the household received a smaller allotment than it was eligible to receive, the difference between the actual and correct allotment equals the amount to be restored. (d) If a claim against a household is unpaid or held in suspense, the amount to be restored shall be offset against the amount due on the claim before any restoration is made to the household. At the point in time when the household is certified and receives an initial allotment, the initial allotment shall not be reduced to offset claims, even if the initial allotment is paid retroactively. Similarly, initial allotments given at recertification shall not be reduced to offset claims. History HISTORY: As amended, R.1979 d.422, effective October 18, 1979. See: 11 N.J.R. 379(a), 11 N.J.R. 559(d). 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 N.J.A.C. cites added, offsetting of claims expanded. 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 11.15. As amended, R.1984 d.68, effective March 19, 1984. See: 15 N.J.R. 2134(b), 16 N.J.R. 550(a). The word "month" replaced by "date". 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 11.13. Recodified from N.J.A.C. 10:87-11.17 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; in (a), amended N.J.A.C. references throughout. Former N.J.A.C. 10:87-11.15, Errors discovered by the CWA, recodified to N.J.A.C. 10:87- 11.13.