N.J. Admin. Code § 10:140-4.1

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

Section 10:140-4.1 - Standards for individual budgets and use of cash allowance

(a) In using the cash allowance, the consumer shall either:

1. Employ private individuals who are legally determined eligible to work as defined by the Internal Revenue Service (IRS) at I.R.C. § 31.3306(c)(2)-1(a)(2);

2. Utilize the services of a vendor agency that can legally do business in the State of New Jersey;

3. Purchase background checks and benefits for employees hired;

4. Purchase rental or homeowner's insurance or other liability insurance related to consumer's role of employer;

5. Purchase personal assistance services training and education for workers; or

6. Purchase home or vehicular modifications, supplies, and/or equipment that alleviate the need for employee assistance and promote or enhance independence, and are not currently paid for by other Program resources.

(b) The following expense items shall not be approved for use under the cash allowance:

1. Goods and services already covered by Medicaid or other entitlement programs;

2. Goods and services provided to supporting persons other than the individual consumer;

3. Household expenses including, but not limited to, rent, mortgage, or room and board payments, routine utility bills, routine home maintenance/repairs and related cleaning supplies, home appliances (air conditioners, stoves, ranges, heaters, etc.), furniture and furnishings (linens, blankets, curtains, etc.), food/food supplements, routine home supplies (paint, hardware store purchases), vehicle maintenance/repairs and insurance, and landscaping and related yard work;

4. Recreational and social/entertainment expenses, including, but not limited to, exercise equipment and fitness memberships; vacations and related travel costs, household entertainment and equipment (TVs, VCRs, computers, stereos, all telephones, etc.), alcohol, recreational drugs (legal and illegal), and gambling purchases;

5. Personal services and items, including, but limited to, clothing, shoes and related accessories, all medications (prescription or over-the-counter), vitamins and supplements, experimental treatments and related supplies, massages, manicures, haircuts, pedicures, and other types of salon services;

6. Environmental modifications shall not be used for new residential construction, even if the new dwelling is designed to accommodate the personal care needs of a participant;

7. Exceptions to (b)3 above for home appliances, may be considered and approved, at the discretion of the Division Director, on a case-by-case basis, in extreme or unusual circumstances directly related to the consumer's personal care needs. Approval of such an exception may result in a reduction in a consumer's monthly cash allocation, due to the approved purchase alleviating the need for assistance from a worker, and therefore enabling the consumer to perform a task(s) independently; and

8. All other requests for services or purchases aside from those items either approved in (a) above or disallowed under (b) above, may be approved at the discretion of the Division Director, on a case-by-case basis. Approval of such an exception may result in a reduction in a consumer's monthly cash allocation, and shall be based upon the nature of the request in alleviating the need for assistance from a worker, and therefore enabling the consumer to perform a task(s) independently.

N.J. Admin. Code § 10:140-4.1

Amended by 48 N.J.R. 1818(b), effective 9/6/2016