N.J. Admin. Code § 10:69-10.41

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

Section 10:69-10.41 - Determining amount of LRR support

(a) Two sets of standards provide the basis for evaluation of an LRR's capacity to contribute to the support of the eligible unit:

1. Schedule IV-Part A applies to any natural or adoptive parent of eligible AFDC-related Medicaid children who is not a member of the eligible unit (exception: when a stepparent is providing a parent's needs). The monthly income standard is derived from the applicable income eligibility standard plus average medical costs and the standard allowance for expenses of employment.

2. Schedule IV-Part B applies to all other legally responsible relatives, including parents of adolescent parents not living in the same home as the adolescent parent, and is based on the U.S. Bureau of Labor Statistics' moderate standard of living.

(b) Family size of the LRR shall include the following persons, except those who are members of the eligible unit:

1. The LRR and any of his or her minor children who are living with the LRR;

2. The LRR's spouse who is living with him or her; and

3. Any relative of the LRR or of his or her spouse who is and has been customarily living in LRR's home and for whom the LRR or spouse is providing at least one half the support.

(c) When the LRR is married and both the LRR and his or her spouse have income, consider the LRR's income only, including in the family size only the LRR and his or her minor children (see (b) above).

1. When both persons are LRRs, consider their total income and include all persons identified in (b) above in the family size.

(d) The method for determining capacity to support is:

1. Determine the LRR's gross monthly income, including both earned and unearned income;

2. Deduct the verified amount of extraordinary expenses as identified in 10:69-10.39(d);

3. Compare this adjusted income with the applicable monthly income standard on Schedule IV, part A or part B as applicable;

4. When the LRR's adjusted income is less than the applicable standard on the schedule, no capacity to support exists;

5. When the LRR's adjusted income exceeds the applicable standard, the amount derived from Schedule V below shall be the evaluated contribution for support of the eligible unit;

6. The LRR's obligatory contribution shall not exceed the per capita share of the eligible unit's adjusted allowance for the person(s) for whom the LRR is liable.

Schedule IV
Monthly Income Standards
Part A
Parents of AFDC	Family	Part B
children	size	All other LRRs
$ 405	1	$ 1120
540	2	1560
675	3	2010
740	4	2455
810	5	2825
875	6	3125
945	7	3420
1015	8	3720
plus $ 70	Each additional person	plus $ 300

Schedule V

Table for Establishing LRR's Contribution for Support

Determine the difference between the LRR's adjusted income and the applicable monthly income Standard on Schedule IV. In the table below, find the amount of this difference. The corresponding amount appropriate for the number of persons in the eligible unit for whom the LRR is responsible is the contribution to be made by the LRR.

Persons for Whom LRR is Responsible

Excess	1	2	3	4	5
Income
$ 1-215	$ 65	$ 65	$ 65	$ 65	$ 65
216-325	65	65	65	65	85
326-435	65	65	85	110	110
436-540	65	110	110	130	150
541-650	85	130	150	175	195
651-760	110	150	175	195	240
761-865	130	175	215	240	280
866-975	150	215	260	280	325
976-1085	175	260	305	325	370
1086-1190	195	280	325	370	435
1191-1300	215	325	370	435	475
1301-1410	240	345	410	475	540
1411-1515	260	390	455	520	584
1516-1625	280	435	520	585	650
1626-1735	325	475	565	630	715
1736-1840	345	520	605	695	780
1841-1950	390	565	670	760	845
1951+	20 percent	29 percent	34 percent	39 percent	43 percent
of adjusted	of adjusted	of adjusted	of adjusted	of adjusted
income	income	income	income	income

N.J. Admin. Code § 10:69-10.41