N.J. Admin. Code § 10:69-10.33

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

Section 10:69-10.33 - AFDC-C procedures for stepparents

(a) When a stepparent of eligible AFDC-C-related Medicaid program children is in fact a member of the household and has married the natural or adoptive beneficiary parent, the natural or adoptive parent who is applying for or receiving AFDC-related Medicaid program shall be afforded the following elective options:

1. The stepparent may be included as a member of the eligible unit, with all needs recognized and his or her income considered in determining AFDC-related Medicaid eligibility.

2. The stepparent may not be included in the eligible unit, in which case the income of the stepparent shall be treated in accordance with (d) below.

(b) The options and all consequences thereof shall be fully discussed with the applicant before the decision is made. The decision as to whether the stepparent shall be included (assuming the stepparent is so willing) or excluded shall be made by the natural or adoptive parent.

(c) When the stepparent who has married the AFDC-C-related Medicaid program beneficiary parent and is not included in the eligible unit, the eligible unit shall consist of the natural or adoptive parent and the eligible children.

1. The parent of the eligible children shall sign the application for AFDC-related Medicaid and fulfill all obligations contained therein.

2. The eligible unit's financial eligibility shall be computed in accordance with 10:69-10.3(c). The countable income of the stepparent to the eligible unit, as determined in (d) below, shall be deducted as a countable income source.

(d) When a stepparent of eligible AFDC-C-related Medicaid program children lives in the same home as the children, has married the AFDC-C-related Medicaid program beneficiary parent, and is not included as a member of the eligible family, his or her income shall be considered available to the eligible family in accordance with the following procedures:

1. Reduce the stepparent's gross earned income (and net income from self-employment) by $ 90.00;

2. Add the result to the stepparent's unearned income;

3. Further reduce the remaining income by the appropriate amount in the standard of need (10:69-10.2 ) for the stepparent and any other individuals residing in the household who are or could be claimed by the stepparent as dependents for Federal personal income tax liability and who are not beneficiaries of AFDC-C or-F related Medicaid program;

4. The remaining income shall be further reduced by amounts paid by the stepparent to individuals not living in the household who are or could be claimed by him or her as dependents for purposes of determining his or her Federal personal income tax liability;

5. Any income remaining shall be reduced by any amounts paid by the stepparent as alimony or child support to individuals not living in the household; and

6. All income remaining shall be counted as unearned income available to the eligible unit and shall be counted toward total income (10:69-10.3(a) ).

N.J. Admin. Code § 10:69-10.33

Amended by R.2005 d.64, effective 2/22/2005.
See: 36 New Jersey Register 3622(a), 37 New Jersey Register 646(a).
In (d), deleted a reference to -N related Medicaid program.