10:87-12.1 Income deduction standards

(a) The Standard Deduction shall be that calculated by the United States Department of Agriculture, published annually in the Federal Register pursuant to 7 CFR 273.9(d)(1), and effective October 1 of each year. (b) The Shelter Deduction shall be that calculated by the United States Department of Agriculture, published annually in the Federal Register pursuant to 7 CFR 273.9(d)(6), and effective October 1 of each year. (c) Standard utility allowances have been established pursuant to 7 CFR 273.9(d)(6)(iii). A household may qualify for one utility deduction based on household expenses identified in N.J.A.C. 10:87-5.10(a)5. The standard utility allowances available to NJ SNAP households include the Heating and Cooling Standard Utility Allowance (HCSUA), Limited Utility Allowance (LUA), and the Uniform Telephone Allowance (UTA). Standard utility allowances are updated annually on October 1st, and are calculated using the following methodologies: 1. HCSUA. A standard base period amount was established using the "Texas" methodology described in USDA Notice No. 79-47, issued May 25, 1979, and it is updated annually for inflation adjustments. The base period amount shall be updated annually for inflation adjustments using the U.S. Bureau of Labor Statistics' Consumer Price Index-All Urban Consumers for Fuels and Utilities. The current year's index for June shall be compared to the index two years earlier to determine a percent change, and the percent change shall be applied to the prior year's Base Period amount to determine the annual HCSUA. Should the percent change be negative, the previous year's HCSUA shall be utilized. 2. LUA. A base period was established using the "Texas" methodology described in USDA Notice No. 79-47, issued May 25, 1979, and it is updated annually for inflation adjustments. The Base Period amount shall be updated annually for inflation adjustments utilizing the U.S. Bureau of Labor Statistics' Consumer Price Index-All Urban Consumers for All Items. The current year's index for June shall be compared to the index two years earlier to determine a percent change, and the percent change shall be applied to the prior year's Base Period amount to determine the annual LUA. Should the percent change be negative, the previous year's LUA shall be utilized. 3. UTA. A standard base period amount was established by totaling the Verizon Telephone Company's highest regional Flat Rate charge for New Jersey, the FCC subscriber line charge, wire maintenance fees, and applicable Federal tax and it is updated annually for inflation adjustments. The Base Period amount shall be updated annually for inflation adjustments utilizing the U.S. Bureau of Labor Statistics' Consumer Price Index-All Urban Consumers for Telephone Services. The current year's index for June shall be compared to the index two years earlier to determine a percent change, and the percent change shall be applied to the prior year's Base Period amount to determine the annual UTA. Should the percent change be negative, the previous year's UTA shall be utilized. History HISTORY: Amended by R.1979 d.234, effective July 1, 1979. See: 11 N.J.R. 346(e). Amended by R.1979 d.387, effective October 1, 1979. See: 11 N.J.R. 448(a), 11 N.J.R. 559(a). Amended by R.1979 d.477, effective January 1, 1980. See: 12 N.J.R. 42(a). Standard Deduction was $ 70.00 Amended by R.1980 d.154, effective May 1, 1980. See: 12 N.J.R. 278(d). Utility Allowance was $ 189.00. Amended by R.1980 d.418, effective November 1, 1980. See: 12 N.J.R. 663(b). SUA amended to winter rate of $ 259.00. Amended by R.1980 d.558, effective January 1, 1981. See: 13 N.J.R. 100(e). Standard deduction was $ 75.00: "Dependent" care was "child" care, $ 90.00. Amended on an emergency basis, R.1981 d.398, effective September 30, 1981 (operative October 1, 1981), exp. November 30, 1981. See: 13 N.J.R. 769(a). Readopted, R.1981 d.517, effective December 31, 1981. See: 13 N.J.R. 769(a), 14 N.J.R. 103(a). Standard utility allowance increased from "$ 259.00" to "$ 333.00." Amended by R.1982 d.318, effective September 1, 1982. See: 14 N.J.R. 757(d), 14 N.J.R. 1057(a). Uniform Telephone Allowance changed from $ 7.96 to $ 8.36, reflecting cost increase. Standard Utility Allowance changed from $ 333.00 to $ 179.00 reflecting summer decreases in heating costs. Amended by R.1982 d.442, effective December 1, 1982. See: 14 N.J.R. 1170(a), 14 N.J.R. 1463(a). Originally filed as an emergency adoption (R.1982 d.365) on October 1, 1982. Readopted as R.1982 d.442. Updated standard utility allowance; from $ 179.00 to $ 286.00. Amended by R.1983 d.72, effective February 28, 1983. See: 15 N.J.R. 97(a), 15 N.J.R. 444(a). Originally filed as an emergency adoption (R.1983 d.503) on December 30, 1982. Readopted as R.1983 d.72. Standard utility allowance and housing utility allowance separated and telephone allowance increased. Amended by R.1983 d.579, effective November 29, 1983. Originally filed as an emergency amendment R.1983 d.460, effective September 26, 1983, operative October 1, 1983. See: 15 N.J.R. 1774(a), 15 N.J.R. 2170(c). Standard deduction and child care/shelter deduction increased; JUA and HUA decreased by annualization. Emergency Amendment, R.1984 d.465, effective September 28, 1984 (operative October 1, 1984, expires November 27, 1984). See: 16 N.J.R. 2844(a). Increased income deductions. Readopted, R.1984 d.567, effective November 28, 1984. See: 16 N.J.R. 2844(a), 16 N.J.R. 3450(a). Previously emergency rule R.1984 d.465. Emergency Amendment, R.1985 d.526, effective September 26, 1985 (operative October 1, 1985, expires November 25, 1985). See: 17 N.J.R. 2564(a). Income Deduction Table revised. Readoption, R.1985 d.647, effective November 26, 1985. See: 17 N.J.R. 2564(a), 17 N.J.R. 2978(a). Emergency Amendment, R.1985 d.713, effective December 27, 1985 (operative January 1, 1986), expires February 24, 1986. See: 18 N.J.R. 214(a). Added "Standard Utility Allowance/Vendor" and "Heating Utility Allowance/Vendor" to Table 1. Emergency Amendment, R.1986 d.191, effective April 29, 1986 (operative May 1, 1986, expires June 30, 1986). See: 18 N.J.R. 1108(a). Shelter deduction raised from $ 139.00 to $ 147.00. Readopted Emergency Amendment and Concurrent Proposal, R.1986 d.301, effective June 30, 1986. See: 18 N.J.R. 1108(a), 18 N.J.R. 1464(b). Emergency Amendment, R.1986 d.436, effective September 29, 1986 (operative October 1, 1986, expires November 28, 1986). See: 18 N.J.R. 2137(a). Adoption of Concurrent Proposal, R.1987 d.5, effective November 26, 1986. See: 18 N.J.R. 2137(a), 19 N.J.R. 129(a). Emergency Amendment, R.1987 d.431, effective October 1, 1987 (expires November 30, 1987). See: 19 N.J.R. 1916(a). Adopted concurrent proposal, R.1987 d.529, effective November 30, 1987. See: 19 N.J.R. 1916(a), 19 N.J.R. 2402(c). Emergency Amendment, R.1988 d.512, effective September 30, 1988 (operative October 1, 1988, expires November 29, 1988). See: 20 N.J.R. 2591(b). Raise in income deductions. Adoption of concurrent proposal, R.1989 d.1, effective November 29, 1988. See: 20 N.J.R. 2592(a), 21 N.J.R. 21(a). Provisions of emergency amendment R.1988 d.512 readopted without change. Emergency Amendment, R.1989 d.533, effective September 22, 1989 (expires November 21, 1989). See: 21 N.J.R. 3316(a). Income deductions raised to conform to Federal requirements. Adopted concurrent proposal, R.1989 d.606, effective November 21, 1989. See: 21 N.J.R. 3316(a), 21 N.J.R. 3918(b). Provisions of emergency amendment R.1989 d.533 readopted without change. Amended by R.1990 d.437, effective September 4, 1990. See: 22 N.J.R. 1670(a), 22 N.J.R. 2715(a). Deleted Table I and added new text from (a)-(e). Public Notice: Income deductions revised to conform to Federal requirements. See: 21 N.J.R. 3316(a). Maximum allowable gross income raised to conform to Federal requirements. Adopted concurrent proposal, R.1989 d.606, effective November 21, 1989. See: 21 N.J.R. 3316(a), 21 N.J.R. 3918(b). Provisions of emergency amendment R.1989 d.533 readopted without change. Amended by R.1990 d.437, effective September 4, 1990. See: 22 N.J.R. 1670(a), 22 N.J.R. 2715(a). Deleted Table IV, replacing with text explaining annual calculation and publishing schedule. Public Notice: Maximum allowable gross income revised to conform to Federal requirements. See: 24 N.J.R. 3769(b). Public Notice: Maximum allowable gross income, effective October 1, 1993. See: 25 N.J.R. 5365(a). Public Notice: Maximum allowable gross income, effective October 1, 1994. See: 26 N.J.R. 3901(a). Public Notice: Income deductions, effective October 1, 1995. See: 27 N.J.R. 4919(b). Public Notice: Income deductions, effective December 1, 1995. See: 28 N.J.R. 200(a). Public Notice: Income deductions, effective October 1, 1996. See: 28 N.J.R. 4677(b). Public Notice: Income deductions, effective January 1, 1997. See: 29 N.J.R. 947(c). Amended by R.1998 d.498, effective October 5, 1998. See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b). In (c), substituted a reference to touch-tone telephones for a reference to rotary dial telephones. Public Notice: Income eligibility, deduction, and coupon allotment standards, effective October 1, 1998. See: 30 N.J.R. 3866(a). Public Notice: Income eligibility, deduction, and coupon allotment standards, effective October 1, 1999. See: 31 N.J.R. 3135(b). Public Notice: Income eligibility, deduction, and coupon allotment standards, effective October 1, 2000. See: 32 N.J.R. 3667(b). Public Notice: Income eligibility, deduction, and coupon allotment standards, effective October 1, 2001. See: 33 N.J.R. 3556(a). Public Notice: Food stamp eligibility, deduction and coupon allotment standards. See: 34 N.J.R. 3544(a). Amended by R.2004 d.181, effective May 17, 2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Rewrote (c); in (d), substituted "Limited" for "standard" in the introductory paragraph, "LUA" for "SUA" in 3; in (e), inserted reference to Cooling Standard following a reference to heating throughout and substituted "HCSUA" for "HUA" throughout. Public Notice: Food Stamp Program. See: 37 N.J.R. 142(b). Amended by R.2012 d.031, effective February 6, 2012 (operative March 7, 2012). See: 43 N.J.R. 2114(a), 44 N.J.R. 241(a). Deleted former (c) and (d); recodified (e) as (c); in the introductory paragraph of (c), substituted "CFR" for "C.F.R.", in (c)1, substituted "NJ SNAP" for "food stamp"; and deleted (c)3 and (f). Amended by R.2017 d.022, effective February 6, 2017. See: 48 N.J.R. 695(a), 49 N.J.R. 267(a). Section was "Income deductions". Rewrote the section.