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3 N.J.A.R. 366

Passaic County Board of Social Services; D., M. v
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Citation: 3 N.J.A.R. 366
Decision Date: 1981
Agency: DIVISION OF PUBLIC WELFARE
Synopsis: Petitioner contested the Passaic County Welfare Agency's calcula- tion of his food stamp benefits. In reaching its determination, the agency had denied petitioner any deduction from his income for shelter costs since he was a resident in a rehabilitation facility. The petitioner argued that the $100 charged him by the facility for room and other services should be deducted from his income. The administrative law judge determined that N.J.A.C. 5.10(a) 5; provides that only three items are to be considered in determining a shelter cost deduction. These are: (1) continuing payment, (2)property taxes and insurance and (3) utilities. The judge found that here peti- tioner was attempting to use the general, approximate, operating expenses of a residential facility as his specific shelter cost. Conclud- ing that this was an excessively generalized interpretation of the regu- lation in question, the judge determined that the welfare agency's calculations had been correct and ordered that the matter be dis- missed.
Rule(s) Cited: 10:87-5.5