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4 N.J.A.R. 34

R., J.; Burlington County Welfare Board v
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Citation: 4 N.J.A.R. 34
Decision Date: 1983
Agency: DIVISION OF PUBLIC WELFARE
Synopsis: A local county welfare board attempted to reduce respondent's benefits under the Food Stamp and Aid to Families with Dependent Children Programs in order to recoup overpayment of those benefits. The administrative law judge concluded that the board could not recoup the amount of the overpayment of benefits which had been recognized as a debt and had been overcharged in bankruptcy. The judge noted that it was clear that the obligation to repay a welfare debt is dischargeable in bankruptcy and that the board had had ample opportunity to take action as to the respondent's debt prior to the discharge in bankruptcy and thus could not now attempt to collect the amount of the overpayment by way of recoupment.
Rule(s) Cited: 10:82-2.19(a) 10:87-11.29