N.J. Admin. Code § 10:69-10.44

Current through Register Vol. 56, No. 17, September 3, 2024

Section 10:69-10.44 - Deeming income of parents of adolescent parents

(a) Pursuant to the Tax Reform Act of 1986 ( P.L. 99-514), which clarifies certain amendments of the Deficit Reduction Act of 1984 ( P.L. 98-369), an adolescent parent is an individual under the age of 18 and who is himself or herself a parent of a dependent child.

(b) When an adolescent parent lives in the same home as his or her own parent(s), the income of such parent(s) shall be considered available to the eligible family in accordance with the following procedures. These rules do not apply if the parent(s) receive(s) SSI or AFDC-related Medicaid.

1. The gross earned income (and net income from self-employment) of each employed parent shall be reduced by $ 90.00.

2. The result shall be added to the unearned income of the parent(s).

3. The remaining income shall be further reduced by the appropriate amount from the standard of need (10:69-10.2) for the parent(s) and any other individuals residing in the household who are or could be claimed by the parent(s) as dependents for Federal personal income tax liability and who are not beneficiaries of TANF or AFDC-C or-F-related Medicaid.

4. The remaining income shall be further reduced by amounts paid by the parent(s) 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 parent(s) as alimony or child support to individuals not living in the household.

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) and in the determination of eligibility.

i. In the event the eligible family unit is determined financially ineligible for AFDC-related Medicaid program due to the inclusion of such deemed income, Medicaid eligibility for the dependent child(ren) of the adolescent parent shall be determined in accordance with (c) below.

(c) When a family is determined financially ineligible for AFDC-related Medicaid due to deeming of the income of the parent(s) of an adolescent parent in accordance with this section, the dependent child(ren) of the adolescent parent shall be or continue to be eligible for AFDC categorically-related Medicaid coverage as long as the family's countable income, excluding the deemed income of the parent(s) of the adolescent parent, is less than the AFDC eligibility standard set forth at 10:69-2.6, Schedule II, as applicable for the family size. Eligibility, in such instances, would be limited to the dependent child(ren) of the adolescent parent; the adolescent parent, therefore, would remain ineligible for such Medicaid coverage.

(d) If the adolescent parent does not live in the same home as his or her parents, the legally responsible relative provisions of 10:69-3.31 apply, and Schedule IV-B of 10:69-10.41(a) shall apply.

N.J. Admin. Code § 10:69-10.44

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