N.J. Admin. Code § 10:87-8.21 - CWA responsibilities; fair hearings

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

(a) When the hearing decision is that a household has been improperly denied program benefits or has been issued a lesser allotment than was due, lost benefits shall be provided in accordance with 10:87-11.13.
(b) When the hearing decision upholds the CWA's action, a claim (when appropriate) shall be prepared against the household for any overissuance in accordance with 10:87-11.20.
(c) Decisions which result in an increase in household benefits shall be reflected in the benefit allotment within 10 days of the receipt of the hearing decision even if a supplementary benefit must be issued.
1. If however, the next normal issuance after receipt of the decision occurs within 60 days of a household's request for a hearing, the increase may be reflected in that issuance.
(d) Decisions which result in a decrease in household benefits shall be reflected in the next scheduled issuance following receipt of the hearing decision.
(e) A household may receive retroactive benefits in an appropriate amount if it is determined that its benefits were reduced by more than the federally authorized amount.

Notes

N.J. Admin. Code § 10:87-8.21
As amended, R.1981 d.64, effective 2/26/1981.
See: 13 N.J.R. 226(b).
(e) 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 N.J.A.C. 8:27-8.26 by R.2004 d.181, effective 5/17/2004.
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a).
Deleted introductory phrases throughout; in (a) and (b), amended the N.J.A.C. references; in (c), substituted "benefit" for "ATP" in the introductory paragraph. Former N.J.A.C. 8:27-8.21, Retention of record, recodified to N.J.A.C. 8:27-8.17.
Amended by R.2007 d.129, effective 5/7/2007.
See: 38 N.J.R. 4374(a), 39 N.J.R. 1719(a).
In (c), substituted "benefit" for "coupon".

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