N.J. Admin. Code § 10:70-4.5

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

Section 10:70-4.5 - Countable income: AFDC-related cases

(a) Except as specified below, countable income for AFDC-related cases shall be determined in accordance with regulations applicable to income in the AFDC program (see N.J.A.C. 10:69).

1. The maximum income limits as provided for at 10:69-10.3(a)3 do not apply.

2. The $ 30.00 and the one-third disregard of earned income at 10:69-10.13(c)4 do not apply.

3. The deeming of stepparent income at 10:69-10.33(d) does not apply. See 10:70-3.5(b)2 regarding inclusion or exclusion of the stepparent from the budget unit.

4. The deeming of income of an alien's sponsor at 10:69-10.43 does not apply.

(b) Nonrecurring lump sum income received by an AFDC-related budget unit shall be counted as income in the month received and any portion retained shall be counted as a resource in subsequent months. The receipt of such income will require a recomputation of income eligibility for the remaining months of the eligibility period, except as follows:

1. No portion of a cash reward provided to any individual by the Division for providing information about fraud and/or abuse in any program administered in whole or in part by the Division shall be included in the computation of income for financial eligibility purposes.

(c) Any person who received AFDC or Medicaid based on AFDC rules and became ineligible for such assistance because of a period of ineligibility imposed as a result of the provisions of 10:69-10.23 shall likewise be ineligible for the Medically Needy Program for the same period as determined in AFDC. Once imposed, the period of ineligibility may only be reduced in accordance with the provisions of 10:69-10.23(a)5.

(d) For AFDC-related cases, the following persons are legally responsible relatives to members of the AFDC-related eligibility group: parents of a child under the age of 18; parents of a child aged 18 to 21 unless the child is him or herself a parent; and the spouse of any member of the eligibility group. When a legally responsible relative resides in the same household as the member of the eligibility group, income of the legally responsible relative is counted in accordance with the structure of the budget unit and no additional evaluation of the relative is required. When the eligible group member does not reside in the same household as the legally responsible relative, the county board of social services shall pursue support from such relative in accordance with the provisions of 10:69-3.31.

1. Except when the legally responsible relative resides in the same household as the member of the eligibility group, income of the relative shall be counted only to the extent that the income is actually available.

N.J. Admin. Code § 10:70-4.5

Amended by R.2002 d.124, effective 4/15/2002.
See: 33 N.J.R. 4188(a), 34 N.J.R. 1546(a).
Added (b)1.
Amended by R.2006 d.364, effective 10/16/2006.
See: 38 N.J.R. 2368(a), 38 N.J.R. 4480(c).
Updated N.J.A.C. references throughout; in the introductory paragraph of (a), deleted "-C" following the second occurrence of "AFDC"; and in the introductory paragraph of (d), substituted "board of social services" for "welfare agency".