N.J. Admin. Code § 10:140-2.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10:140-2.2 - Exceptions to eligibility standards

(a) Exceptions to the eligibility standards in 10:140-2.1(a)1, 6 and 8 may be granted as follows:

1. The applicant or consumer must initiate the request for an exception;

2. The county designated agency shall review the request on a case-by-case basis and make a recommendation to the State Program Administrator as to whether such exception should be allowed; and

3. The State Program Administrator shall make the determination whether to allow the exception. Upon receiving notice from the State Program Administrator, the county designated agency shall notify the applicant or consumer of the determination.

(b) In making the recommendations and determinations on exception requests under (a) above, the county designated agency and the State Program Administrator shall:

1. Give consideration to the request presented by the applicant or consumer;

2. Require a showing of unusual or emergent circumstances;

3. Give consideration based on funding available;

4. Give consideration to other services received by the consumer or applicant through other funding sources; and

5. Give consideration to the facts presented on a case-by-case basis.

(c) In granting an exception to 10:140-2.1(a)1, the following standards shall be applied for applicants who are under age 18.

1. The applicant shall be employed or attending a post-secondary educational or training program, or shall demonstrate active participation as a volunteer or in community service; and

2. The applicant shall provide written consent from his or her parent or guardian unless the applicant is determined to be an emancipated minor.

(d) In situations in which the request for an exception under 10:140-2.1(a)8 is made, and personal assistance services are provided to a consumer through a personal assistant who resides with the consumer, an exception shall not be granted.

(e) No individual may receive more than one exception to the program's age criteria set forth in 10:140-2.1(a)1.

N.J. Admin. Code § 10:140-2.2

Amended by R.2012 d.079, effective 4/16/2012.
See: 43 N.J.R. 2551(a), 44 N.J.R. 1262(b).
In the introductory paragraph of (a), substituted "6" for "5" and deleted "above" following "8"; in the introductory paragraph of (d), substituted "70" for "65"; and added (f).

Amended by 56 N.J.R. 261(a), effective 2/20/2024