10:87-9.8 Replacement of benefits

(a) NJ SNAP benefits shall not be replaced once they are posted to a household's Families First account. (b) Households shall not receive a replacement for any NJ SNAP benefits which were accessed using the client's Families First card and secret Personal Identification Number (PIN). (c) CSSAs shall provide a replacement benefit to a household when the household reports that food purchased with NJ SNAP benefits was destroyed in a household misfortune. (d) Rules on providing the replacement benefits cited in (c) above are as follows: 1. Replacement of food purchased with NJ SNAP benefits destroyed in a household misfortune shall be provided only if a household timely reports a loss orally or in writing to the CSSA. The report shall be considered timely if it is made to the CSSA within 10 calendar days of the date the food was destroyed. 2. Prior to replacing food purchased with NJ SNAP benefits, the CSSA shall determine that the destruction occurred in a household misfortune or disaster, such as, but not limited to, a fire or flood. This shall be verified through a collateral contact, documentation from a community agency including, but not limited to, the fire department or Red Cross, or a home visit. 3. Prior to issuing such a replacement benefit, the CSSA shall obtain from a member of the household a signed statement attesting to the household's loss. The required statement may be mailed to the CSSA if the household member is unable to come into the office because of age, handicap or distance from the office and is unable to appoint an authorized representative. i. If the signed statement or affidavit is not received by the CSSA within 10 calendar days from the date of report, no replacement shall be made. If the 10th day falls on a weekend or holiday, and the statement is received the day after the weekend or holiday, the CSSA shall consider the statement timely received. ii. The statement shall be retained in the case record and it shall attest to the household misfortune. The statement shall also state that the household is not eligible for this replacement benefit and must notify the CSSA if the food that was destroyed has been, or is expected to be, recovered by the household through another means, such as a charity kitchen or food pantry. The statement shall further attest that the household is aware of the penalties for intentional misrepresentation of the facts including, but not limited to, a charge for perjury for a false claim. 4. A replacement benefit for food purchased with NJ SNAP benefits that was destroyed in a household misfortune shall be made available by the CSSA to the eligible household within 10 days after report of the loss or within two working days of receipt of the household's signed statement required in (d)3 above, whichever date is later. i. The CSSA shall deny or delay such a replacement benefit in cases where available documentation indicates that the household's request for the food replacement benefit appears to be fraudulent. (1) The household shall be informed of its right to a fair hearing to contest the denial or delay of a food replacement benefit. Replacements shall not be made while the denial or delay is being appealed. 5. No limit on the number of replacements shall be placed on the replacement of food purchased with NJ SNAP benefits which was destroyed in a household misfortune. 6. Replacement of NJ SNAP benefits shall be made available to the household in an amount not to exceed the value of the food purchased with NJ SNAP benefits that was destroyed (up to a maximum of one month's allotment, unless the issuance includes restored benefits which shall be replaced up to their full value). 7. Where FNS has issued a disaster declaration and the household is eligible for emergency NJ SNAP benefits, the household shall not receive both the disaster allotment and a replacement allotment for a misfortune. (e) In the event of a major disaster declaration by the FNS, CSSAs in counties affected by the declaration are authorized to provide emergency NJ SNAP allotments. Those allotments are intended only for households that are participating in the NJ SNAP program at the time of the disaster, and shall replace a household's food which is lost due to the disaster. Such emergency allotments shall be equal to the estimated value of the food lost in the disaster, but shall not be greater than the applicable maximum benefit allotment for the household's size (see N.J.A.C. 10:87-12.2). Such households are not entitled to both a disaster emergency allotment and a replacement due to food lost in an individual household misfortune (see N.J.A.C. 10:87-9.8(d)7). 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. 10:87-9.8, Miscellaneous administrative procedures, recodified to N.J.A.C. 10:87-9.11. Administrative change. See: 44 N.J.R. 1529(a).