N.J. Admin. Code § 10:87-11.14

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:87-11.14 - Disputed benefits

(a) If the CWA determines that a household is entitled to restoration of lost benefits, but the household does not agree with the amount to be restored as calculated by the CWA or any other action taken by the CWA to restore lost benefits, the household may request a fair hearing within 90 days of the date the household is notified of its entitlement to restoration of lost benefits. If a fair hearing is requested prior to or during the time lost benefits are being restored, the household shall receive the lost benefits as determined by the CWA pending the results of the fair hearing. If the hearing decision is favorable to the household, the CWA shall restore the lost benefits in accordance with that decision.

(b) If a household believes it is entitled to restoration of lost benefits but the CWA, after reviewing the case record, does not agree, the household has 90 days from the date of the CWA determination to request a fair hearing. The CWA shall restore lost benefits to the household only if the fair hearing decision is favorable to the household. Benefits lost more than 12 months prior to the date the CWA was initially informed of the household's possible entitlement to lost benefits shall not be restored.

As amended, R.1983 d.224, effective 5/31/1983.
See: 15 N.J.R. 633(a), 15 N.J.R. 1034(a).
Originally adopted as an Emergency Rule, R.1983 d.117, effective 3/31/1983, operative April 1, 1983. The amendments are pursuant to the Food Stamp Act Amendments of 1982 (P.L. 97-253) and the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35).
"Fraud" replaced by "intentional program violation".
As amended, R.1984 d.68, effective 3/19/1984.
See: 15 N.J.R. 2134(b), 16 N.J.R. 550(a).
(a) deleted and replaced; (b) and (c) added.
Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
Recodified from 11.12.
Amended by R.1989 d.121, effective 2/21/1989.
See: 20 New Jersey Register 2689(a), 21 N.J.R. 511(b).
Recodified from 11.14.
Recodified from N.J.A.C. 10:87-11.16 by R.2004 d. 181, effective 5/17/2004.
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a).
Former N.J.A.C. 10:87-11.14, Period of restoration, recodified to N.J.A.C. 10:87-11.12.