10:87-11.21 Treasury Offset Program

(a) Rules on the Treasury Offset Program (TOP) are as follows: 1. Procedures for referring debts to TOP are as follows: i. Appropriate client contact shall be made by the CSSA prior to forwarding a claim to DFD for referral to TOP. ii. When a claim for $ 25.00 or more becomes delinquent, the CSSA shall send a demand letter(s) at 30, 60 and 90-day intervals to the client requesting that he or she make voluntary payment or set up a payment schedule. This will require the CSSA to identify and track delinquent claims at the 30, 60 and 90-day periods. iii. If the client has not responded to the demand letter issued at the 90-day interval, the CSSA shall refer these claims to DFD for processing. A 60-day notice will be generated advising the client that if he or she does not contact the CSSA for payment of the claim by the end of the 60-day period, the claim shall be referred to TOP. iv. The CSSA shall certify that all claims referred to TOP are 120 days delinquent and legally enforceable. v. The CSSA shall also follow DFD procedures regarding responding to inquiries, subsequent reviews and hearings, and any other procedures determined necessary in the debtor notification process. 2. Procedures for debts not referred to TOP are as follows: i. The CSSA shall not refer to TOP a claim when: (1) It becomes aware that the debtor is a member of a participating household that is having its allotment reduced to collect the claim; or (2) It falls into any other category designated by USDA/FNS and transmitted through DFD as non-referable to TOP. 3. Procedures in effect on debtors to TOP are as follows: i. As a debtor, if the claim is referred to TOP, any eligible Federal payment which is owed may be intercepted through TOP. ii. The debtor is also responsible for paying any collection or processing fees charged by the Federal government to intercept the payment. 4. Procedures when a claim is in TOP are as follows: i. The CSSA shall follow USDA/FNS procedures, as transmitted through DFD, when a claim is in TOP. ii. The CSSA shall inactivate or close a claim from TOP if: (1) USDA/FNS or Treasury instructs to inactivate or close the debt; or (2) It is discovered that: (A) The debtor is a member of an NJ SNAP household undergoing allotment reduction; (B) The claim is paid up; (C) The claim is disposed of through a hearing, termination, compromise or any other means; (D) The claim was referred to TOP in error; or (E) An arrangement is made with the debtor to resume payments. 5. DFD transmitted procedure on receiving and reporting TOP payments shall be followed. 6. DFD transmitted procedure regarding any security or confidentiality agreements or processes necessary for TOP participation shall be followed. History HISTORY: 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 11.19. Repeal and New Rule, R.2004 d.181, effective May 17, 2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Section was "Benefits lost prior to EPR". Recodified from N.J.A.C. 10:87-11.22 by R.2007 d.129, effective May 7, 2007. See: 38 N.J.R. 4374(a), 39 N.J.R. 1719(a). Former N.J.A.C. 10:87-11.21, Operation Judgement Day, repealed. Amended by R.2009 d.94, effective March 16, 2009. See: 40 N.J.R. 5932(a), 41 N.J.R. 1245(b). In the introductory paragraph of (a), inserted "the"; and in (a)1iii, deleted "OIS at" preceding "DFD", substituted "A" for "OIS, in turn, generates a" preceding "60-day notice" and inserted "will be generated". Administrative change. See: 44 N.J.R. 1529(a). Amended by R.2017 d.022, effective February 6, 2017. See: 48 N.J.R. 695(a), 49 N.J.R. 267(a). In (a)1iv, substituted "120" for "180".