10:87-11.16 Individuals disqualified for intentional program violation

(a) Individuals disqualified for intentional program violation are entitled to restoration of any benefits lost during the months they were disqualified, not to exceed 12 months prior to the date of CSSA notification, only if the decision which resulted in disqualification is subsequently overturned or reversed. For example, an individual would not be entitled to restoration of lost benefits for the period he or she was disqualified based solely on the fact that a criminal conviction could not be obtained, unless the individual successfully challenged the disqualification in a separate court action. (b) For each month the individual was disqualified, the amount to be restored, if any, shall be determined by comparing the allotment the household received with the allotment the household would have received had the disqualified member been allowed to participate. If the household received a smaller allotment than it should have received, the difference equals the amount to be restored. Benefits shall not be restored for a period of more than 12 months prior to CSSA notification. Participation in an administrative disqualification hearing in which the household contests the CSSA assertion of intentional program violation shall be considered notification that the household is requesting that benefits be restored. 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). "Fraud" replaced by "intentional program violation"; restriction or restoration added as lead-in. As amended, R.1984 d.68, effective March 19, 1984. See: 15 N.J.R. 2134(b), 16 N.J.R. 550(a). Restrictions of not more than 12 months of restoration and disqualification. Amended by R.1989 d.121, effective February 21, 1989. See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b). Recodified from 11.16. Recodified from N.J.A.C. 10:87-11.18 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.