N.J. Admin. Code § 10:87-10.11 - Strikers

Current through Register Vol. 54, No. 7, April 4, 2022

(a) Households with striking member(s) shall be ineligible to participate in the NJ SNAP program unless the household was (or would have been) eligible for benefits the day prior to the strike and is otherwise eligible at the time of application. Pre-strike eligibility shall be determined by considering the day prior to the strike as the day of application and assuming the strike did not occur. Such households shall retain their eligibility but shall not receive an increased allotment as a result of a decrease in the income of the striking member(s) of the household.
(b) The CWA shall determine eligibility by comparing the striking member's income before the strike to the striker's current income and adding the higher of the two figures to the current income of non-striking members during the month of application.
(c) To determine benefits (and eligibility for those households subject to the net income eligibility standard) deductions shall be calculated for the month of application as for any other household. Whether the striker's pre-strike earnings or current income is used, the earnings deduction shall be allowed, if appropriate.
(d) If other changes occur, such as but not limited to, a change in household size or non-strike related employment, the CWA shall take appropriate action and adjust the benefit level.
(e) Strikers shall be subject to work registration criteria.
(f) For the purpose of the NJ SNAP program the term "striker" shall be defined as anyone involved in a strike or concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees. Additionally, any individual exempt from the work registration requirement, other than those exempt solely on the grounds that they are employed, shall not be deemed to be a striker. Examples of non-strikers who are eligible to participate in the program include, but are not limited to:
1. Employees whose workplace is closed by an employer in order to resist demands of employees (for example, lockout);
2. Employees unable to work as a result of striking employees (for example, truck drivers who are not working because striking pressmen prevent newspapers from being printed); or
3. Employees who are not part of the bargaining unit on strike who do not want to cross the picket line due to fear of personal injury.

Notes

N.J. Admin. Code § 10:87-10.11
Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
This section was originally 3.19 (f).
Recodified from N.J.A.C. 10:87-10:16 and amended by R.2004 d.181, effective 5/17/2004.
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a).
In (f), deleted the introductory phrase. Former N.J.A.C. 10:87-10.11, Good cause, recodified to N.J.A.C. 10:87-10.6.
Administrative change.
See: 44 N.J.R. 1529(a).

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