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5 N.J.A.R. 270
- R., A. v. Middlesex County Welfare Agency
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- Citation: 5 N.J.A.R. 270
- Decision Date: 1983
- Agency: DIVISION OF PUBLIC WELFARE
- Synopsis: The local county welfare agency denied petitioner participation in the Food Stamp Program on the basis that it believed petitioner to be a striker with pre-strike income in excess of the program's maxi- mum income standard. The agency based its action on N.J.A.C. 10:87-3.10(a)7 which provides that households with striking members shall be ineligible to participate in the Food Stamp Program unless the household was eligible prior to the strike. The administrative law judge found that petitioner attempted un- sucessfully to report to work on the first day of a strike against his employer but was told that no work was available and that his em- ployer would not accept responsibility if he were injured. In addition, the judge determined that no competent evidence had been introduced to show that petitioner's union was not working out of sympathy with the striking union and found that petitioner had been reviewing non- striker benefits from the Railroad Retirement Board. Accordingly, the administrative law judge concluded that petitioner was a non-striker and was eligible for participation in the Food Stamp Program.
- Rule(s) Cited: 10:87-3.10(a)7
- Synopsis: The local county welfare agency denied petitioner participation in the Food Stamp Program on the basis that it believed petitioner to be a striker with pre-strike income in excess of the program's maxi- mum income standard. The agency based its action on N.J.A.C. 10:87-3.10(a)7 which provides that households with striking members shall be ineligible to participate in the Food Stamp Program unless the household was eligible prior to the strike. The administrative law judge found that petitioner attempted un- sucessfully to report to work on the first day of a strike against his employer but was told that no work was available and that his em- ployer would not accept responsibility if he were injured. In addition, the judge determined that no competent evidence had been introduced to show that petitioner's union was not working out of sympathy with the striking union and found that petitioner had been reviewing non- striker benefits from the Railroad Retirement Board. Accordingly, the administrative law judge concluded that petitioner was a non-striker and was eligible for participation in the Food Stamp Program.