Food Stamps

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Application: Where a labor dispute prevented an individual from receiving an application for food stamp benefits, the local county welfare agency must make an evaluation of eligibility for food stamps as of the time the application was originally requested. Decision: 1 N.J.A.R. 432

Authorization to Purchase: When an Authorization to Purchase Food Stamps was mailed on November 20 but not received until December 1, and the November Authorization could only be used in that month, the petitioner was denied the use of her food stamps through no fault of her own and was entitled to a replacement of the purchase authorization. Decision: 2 N.J.A.R. 390

Bank Account: Where a joint checking account evidences a trustee-beneficiary relationship, the checking account should not be counted as a resource for AFDC and Food Stamp purposes. Decision: 4 N.J.A.R. 233

Cost of Producing Income: The costs of producing income from two rental units in an individual's three-apartment house should be deducted from that individual's income when determining eligibility for participation in the Food Stamp Program. Decision: 1 N.J.A.R. 036

Educational Grant: To the extent an educational grant is used for tuition and mandatory school fees, the grants are not included in income for Food Stamp purposes. Decision: 4 N.J.A.R. 216; Educational expenses are not normal living expenses and are thus excludable from income. Decision: 5 N.J.A.R. 501; Funds accumulated under the Post-Vietnam Era Veterans Education Assistance Program are a non-exempt resource in the form of a liquid asset and do not qualify as educational grants or loans. Accordingly, they must be liquidated before holder becomes eligible for AFDC or Food Stamp benefits. Decision: 7 N.J.A.R. 309

Eligibility: Food stamp benefits may properly be denied where the primary wage earner of the applicant household voluntarily quits his job, despite a claim that the employer allegedly provoked the action by accusing the employee of theft. Decision: 1 N.J.A.R. 210; Where a labor dispute prevented an individual from receiving an application for food stamp ben- efits, the local county welfare agency must make an evaluation of eligibility for food stamps at the time the application was originally requested. Decision: 1 N.J.A.R. 432

Employment--Voluntary Termination: Despite a claim that the employee's action was provoked, food stamp benefits may properly be denied where the primary wage earner of the applicant household voluntarily quits his job. Decision: 1 N.J.A.R. 153

Excess Resources: Where a joint checking account evidences a trustee-beneficiary relationship, the checking account should not be counted as a resource for AFDC and Food Stamp purposes. Decision: 4 N.J.A.R. 233

Failure to Cooperate: Petitioner's refusal to provide information concerning the proceeds of an automobile accident claim which was being held in escrow for her by her attorney constituted a failure to cooperate and results in the denial of food stamp benefits. Decision: 1 N.J.A.R. 094

Household Size: Where information as to the size of a household is readily available, a local welfare agency may not claim it is unable to verify the household size since it is the responsibility of the agency to determine the household size. Decision: 3 N.J.A.R. 363

Inaccessible Resources: Food stamp regulations which define "inaccessible resources" are not intended to shelter money which is easily converted into cash or whose re- ceipt the applicant can control. Decision: 1 N.J.A.R. 094; A trust is inaccessible and thus should not be included as a financial resource of a household income when the trust is maintained by the county surrogate until the beneficiary reaches the age of 21 and no household member has the power to revoke the trust. Decision: 1 N.J.A.R. 155

Income Limits: The costs of producing income from two rental units in an individual's three-apartment house should be deducted from that individual's income when determining eligibility for participation in the Food Stamp Program. Decision: 1 N.J.A.R. 036

Replacement: When an Authorization to Purchase Food Stamps was mailed on November 20 but not received until December 1, and the November Authorization could only be used in that month, the petitioner , was denied the use of her food stamps through no fault of her own and was entitled to a replacement of the Purchase Authorization. Decision: 2 N.J.A.R. 390

Shelter Costs: The general, approximate, operating expenses of a residential facility may not be used in calculating shelter costs; only continuing payments, property taxes, insurance and utilities may be used in making such a calculation. Decision: 3 N.J.A.R. 366

Striker: When a recipient of public assistance benefits attempts to report to work despite a strike he may not be denied benefits under the Food Stamp Program. Decision: 5 N.J.A.R. 270

Transfer of Resources: Lack of written evidence of a loan, coupled with a bank withdrawal, supports a conclusion that an individual knowingly transferred funds to meet. food stamp eligibility requirements and thus should be disqualified from food stamp benefits for a six-month period. Decision: 1 N.J.A.R. 311

Trust: A trust is inaccessible and thus should not be included as a financial resource of a household income when the trust is maintained by the county surrogate until the beneficiary reaches the age of 21 and no household member has the power to revoke the trust. Decision: 1 N.J.A.R. 155

Veteran's Grants: Funds accumulated under the Post-Vietnam Era Veterans Education Assistance Program are a non-exempt resource in the form of a liquid asset and do not qualify as educational grants or loans. Accordingly, they must be liquidated before holder becomes eligible for AFDC or Food Stamp benefits. Decision: 7 N.J.A.R. 309