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1 N.J.A.R. 36

Essex County Welfare Board v. C., W
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Citation: 1 N.J.A.R. 36
Decision Date: 1979
Synopsis: A local county welfare boarddenied respondent continued Food Stamp assistance on the ground that his income exceeded the eligibility limits set forth in N.J.A.C. 10:87-5 et seq. The respondent claimed that the agency acted improperly when it included the gross rental income received by respondent from the two rental units in his three-apartment house without allowing a deduction for the cost of producing that income. The administrative law judge found that whether income from these rental units was found to be earned income or unearned income within the regulations, it was clear that the N.J.A.C. 10:87-5.5 and N.J.A.C. 10:87- 7.8 provide for the deduction of the costs of producing that income in determining the petitioner's eligibility for participation in the Food Stamp program. Accordingly, the local county welfare board was directed to exclude such income producing costs in redetermining the respondent's eligibility for Food Stamp benefits.