10:87-3.3 Determination of residency

(a) For purposes of the NJ SNAP program, a person shall be considered a resident in the place in which he or she actually lives, without regard to legal residence or intent to remain permanently. There shall be no requirement that a person reside in the county for a specified period of time prior to application. A fixed residence is not required; for example, migrant campsites satisfy the residency requirement. 1. The residency requirement shall be verified except in unusual cases such as homeless households, migrant farmworker households or households newly arrived to the project area where verification of residency cannot reasonably be accomplished. (b) A person temporarily visiting the county solely on vacation shall not be considered a resident. 1. As a result of the interoperability of EBT, a client from one state can transact benefits out-of-State. In addition, under simplified reporting (see N.J.A.C. 10:87- 9.5(a)), households are not required to report that they have moved. However, each particular case has to be treated on its own merits. It is perfectly plausible that a person might regularly spend his or her NJ SNAP benefits in a neighboring state. If a person is cashing benefits out-of-State for a period of at least three consecutive months, the CSSA shall verify if the person is still living in New Jersey and if the person is receiving SNAP benefits at that location. A person living in New Jersey, cashing NJ SNAP benefits in Florida for a period of time during the six-month period, would not be required to report it on simplified reporting. However, if questionable it should be verified. 2. If EBT data shows a client is spending his or her benefits three consecutive months in another state, the CSSA shall not close the case per se. The CSSA shall, however, verify if the client still has residence in New Jersey and whether the client is receiving SNAP benefits in that other state. Also, the CSSA shall contact the state where the client is redeeming his or her benefits to find out if there is a duplicate participation issue. 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). Added (a)1. Amended by R.2004 d.181, effective May 17, 2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). In (b), deleted "Vacationer excluded:". 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). In the introductory paragraph of (a), substituted "NJ SNAP program" for "Food Stamp Program"; and added (b)1 and (b)2.