10:87-7.9 Residents of group living arrangements

(a) Disabled and blind residents of a group living arrangement (GLA) who receive benefits under Title II or Title XVI of the Social Security Act may apply either through use of an authorized representative employed and designated by the GLA or on their own behalf or through an authorized representative of their own choice. (b) The GLA shall determine if a resident may apply on their own behalf based on the resident's physical and mental abilities to handle their own affairs. Some residents of the GLA may apply on their own behalf while other residents of the same GLA may apply through the GLA's representative. The GLA is responsible for complying with the requirements set forth in this subchapter and at N.J.A.C. 10:87-2.7(e) and 10:88-3.5. 1. If the resident applies through the use of the GLA as authorized representative, his or her eligibility shall be determined as a one person household. 2. If the residents apply on their own behalf, the household size shall be in accordance with provisions set forth at N.J.A.C. 10:87-2.7(e). i. If the resident has made application on his or her own behalf, the household is responsible for reporting changes to the CSSA in accordance with provisions set forth at N.J.A.C. 10:87-9.5. The resident applying on his or her own behalf shall be responsible for any overissuances that may occur. 3. Whether the resident applies on his or her own behalf or through the GLA as their authorized representative, the NJ SNAP benefits always belong to the resident and not to the facility. (c) CSSA responsibilities are as follows: 1. Prior to certifying any residents, the CSSA shall verify that the GLA is authorized by FNS or is certified by the appropriate agency of the State, including the agency's determination that the facility is a nonprofit organization. 2. The CSSA shall certify residents of GLAs by using the same provisions that apply to all other applicant households except that certification may also be accomplished through the use of an authorized representative of the GLA or another representative chosen by the applicant. 3. The CSSA responsibilities applicable to SACs regarding certification, expedited processing, normal processing, processing changes and recertifications found at N.J.A.C. 10:87-7.8(b)2 through 8 also apply to GLA facilities. 4. At least once every three months, the CSSA shall conduct a random on-site visit to the facility to ensure the accuracy of the participating resident list provided by the GLA and to ensure that the CSSA's records are consistent and up-to-date. 5. If the CSSA determines administratively or judicially that benefits have been misappropriated or used for purchases that do not contribute to a certified household's meals, the CSSA shall promptly notify DFD who will notify FNS. 6. If the GLA is disqualified by FNS as an authorized retail food store, the CSSA shall suspend its authorized representative status for the same time, however, residents applying on their own behalf shall still be able to participate, if otherwise eligible. (d) GLA responsibilities are as follows: 1. The GLA may act as a household's authorized representative for up to 16 persons and is responsible for reporting changes in the income or other household circumstances (see also N.J.A.C. 10:87-9.5), as well as, when the individual leaves the GLA. i. As authorized representative, the facility shall be knowledgeable about household circumstances and shall carefully review those circumstances with residents prior to applying on their behalf. 2. The same provisions applicable to residents of SACs as provided at N.J.A.C. 10:87-7.8(c)3 apply to blind or disabled residents of GLA facilities when the facility acts as the resident's authorized representative. 3. The same provisions applicable to SACs found at N.J.A.C. 10:87-7.8(c) 5 through 7 also apply to GLAs when acting as authorized representatives. These provisions, however, are not applicable if a resident has applied on his or her own behalf. The resident applying on his or her own behalf shall be responsible for overissuances as would any other household. 4. On a monthly basis, the GLA shall provide to the CSSA a list of currently participating residents that includes a statement signed by a responsible facility official attesting to the validity of the list. (e) CSSA and GLA responsibilities upon a resident's leaving are as follows: 1. The following applies when a household leaves a GLA which acted as an authorized representative: i. That GLA no longer acts as an authorized representative for that household and is not entitled to use or access any of the household's benefits he or she receives after the client has left the GLA. The GLA shall immediately notify the CSSA and inform the household to contact the CSSA as soon as possible. Upon notification from the GLA, the CSSA will immediately inactivate the household's Families First card. ii. Prior to informing the CSSA of a recipient's departure, the GLA shall ensure that it has debited/credited the recipient's Families First account with the appropriate amount of the monthly benefit. iii. If possible, the GLA shall also provide the household with a change report form to report to the CSSA the household's new address and other circumstances after leaving the GLA and shall advise the household to return the form to the appropriate CSSA office within 10 working days. iv. The GLA shall immediately return the Families First card (and ID card if one was issued) to the CSSA if it was in the possession of the GLA. v. If benefits have been issued and not used by the GLA on behalf of that individual household, the GLA is not entitled to access the household's benefit. This policy is applicable at any time during the month. vi. If benefits have already been issued and any portion accessed by the GLA on behalf of the household, the following procedures shall be adhered to: (1) If the household left the GLA prior to the 16th of the month, the GLA is not entitled to more than one-half of the household's monthly allotment. The household is entitled to the remaining half of the allotment and the CSSA shall ensure that it is available in the household's Families First account. If the GLA has already debited the household's NJ SNAP benefit account for more than one-half of the monthly allotment, the GLA shall credit the account with an amount equal to one-half of the monthly allotment by performing an NJ SNAP benefit return. (2) If the household left the GLA on or after the 16th day of the month, and the household's allotment has already been used and accessed by the GLA, the household is not entitled to receive any benefits. However, the household, not the GLA, shall be allowed to receive any remaining benefits posted to the Families First account at the time the household leaves the center. vii. Upon leaving the GLA, the household shall be directed to visit the CSSA to obtain a new Families First card which will give the household access to any NJ SNAP benefits that remain available in the household's NJ SNAP benefit account. 2. If the resident has made application on his or her own behalf and the GLA is not acting as his or her authorized representative, the household not the GLA, is responsible for reporting changes to the CSSA. When the household leaves the GLA, the household, not the GLA, is entitled to the full allotment. This procedure is appropriate any time of the month. History HISTORY: New Rule, R.2004 d.181, effective May 17, 2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Former N.J.A.C. 10:87-7.9, Assigning certification periods, recodified to N.J.A.C. 10:87-7.6. Administrative change. See: 44 N.J.R. 1529(a).