6-03-08 A-2739-06T3
The Department of Human Services declared B.H. ineligible to receive Work First New Jersey/Temporary Assistance for Needy Families (WFNJ/TANF) benefits for her family because she also received benefits from the Subsidized Adoption Program (SAP) for her two adopted children. The decision was based on an instruction issued by the agency that SAP benefits were duplicative of the WFNJ/TANF benefits. We held the instruction cannot form the basis of the eligibility determination because it operates as a rule and was not adopted in accordance with the Administrative Procedure Act.
