N.J. Admin. Code § 10:69-10.22

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:69-10.22 - Exempt income

(a) Exempt income shall not be considered in determining eligibility for AFDC-related Medicaid program.

(b) Income shall be exempted as follows:

1. Income tax refunds, including Homestead Property Tax Rebates;

2. Earned income credit (EIC) payments shall be excluded;

3. Payments for child care (see N.J.A.C. 10:69-10.13 );

4. Child care payments for "special circumstance" children and transportation or the cost of transportation, which is not available from any other source, to transport the "special circumstance" child to and from the child care site when it is essential for the child's physical health and safety;

5. Supplemental aid by other agencies or organizations, whether public or private, provided that:

i. There is no duplication between such aid and the TANF grant;

ii. Such aid is for a special purpose not within the function of the public assistance agency (for example, vocational rehabilitation); or

iii. Such aid is to any undergraduate student for educational purposes;

6. Any income received through the Subsidized Adoption Program of the Division of Youth and Family Services pursuant to N.J.S.A. 30:4C-45 through 49 ( P.L. 1973, c. 81);

7. Funds received by applicants and beneficiaries through certain Federal programs shall be regarded as exempt income.

i. Benefits or assistance received through the WIC program (Special Supplemental Food program for Women, Infants and Children) and the special food services program for children under the National School Lunch Act as amended by Public Laws 92-433 and 93-150;

ii. Benefits received under Title VII, Nutrition Program for the Elderly, of the Older Americans Act of 1965;

iii. Payments made through Service Corps of Retired Executives (SCORE), Active Corps of Executives (ACE), and payments made under Title I of P.L. 93-113 (for example, Volunteers in Service to America (VISTA));

iv. Payments received under the Experimental Housing Assistance Program (EHAP) made under annual contribution's contracts entered into prior to January 1, 1975, under Section 23 of the U.S. Housing Act of 1937;

v. Payments made through the United States Department of Housing and Urban Development (HUD) Section 8, Rental Assistance Program (RAP), which provides funds to certain disabled individuals and low income families to assist them in meeting shelter costs;

vi. HUD community development block grant funds under Title I of the Housing and Community Development Act of 1974;

vii. Benefits received by eligible households under the Low Income Home Energy Assistance Act of 1981 pursuant to section 2605(f) of Public Law 97-35;

8. The value farm and garden products raised by the eligible unit for its own use is not considered income;

9. Activity support payments and one time lump sum payments associated with participation in the Early Employment Initiative (EEI) program, as set forth in N.J.A.C. 10:90-17.3; and

10. Wages paid by the U.S. Census Bureau for temporary employment related to Census 2000 activities.

(c) Occasional nonrecurring gifts and contributions of nominal amount or value, such as those for birthdays, graduations, Christmas or other holidays, to the extent the value does not exceed an average of $ 30.00 per beneficiary in any calendar quarter, are considered exempt income.

1. In cases where such gifts and contributions exceed an average of $ 30.00 per beneficiary in any calendar quarter, that excess shall be counted as unearned income.

2. In determining value, a gift received by one member of the eligible unit but intended for the entire eligible unit may be allocated among the eligible unit members in the way most advantageous to the entire unit.

N.J. Admin. Code § 10:69-10.22

Amended by 49 N.J.R. 3729(a), effective 12/4/2017