Statutes, codes, and regulations
New Jersey Administrative Code
Title 10 - HUMAN SERVICESChapter 79 - NJ FAMILYCARE-CHILDREN'S PROGRAM
Subchapter 4 - FINANCIAL ELIGIBILITY
Section 10:79-4.3 - Countable income-Plan A

N.J. Admin. Code § 10:79-4.3

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Current through Register Vol. 56, No. 21, November 4, 2024
Section 10:79-4.3 - Countable income-Plan A
(a) For purposes of Plan A eligibility, except as specified below, countable income for children under the provisions of this chapter shall include the income of all members of the household unit as determined at 10:79-3.5, and shall be determined in accordance with the rules applicable to income in the AFDC-C program (see N.J.A.C. 10:69).
1. The maximum income limits as provided for at 10:69-10.3 do not apply.
2. Neither the $ 30.00 nor the one-third disregard of earned income at 10:69-10.13(c) apply.
3. The deeming of stepparent income at 10:69-10.33(d) does not apply. (See 10:79-3.5(a) regarding the inclusion or exclusion of the stepparent in the household unit.)
4. The deeming of an alien sponsor's income at 10:69-10.43 shall not apply.
5. Wages paid by the U.S. Census Bureau for temporary employment related to Census 2000 activities shall not be considered household income.
(b) Nonrecurring lump sum income received by a household unit of a child shall be added to any other income received by the household unit in that month. The total shall be divided by the income eligibility limit applicable to the household, in accordance with 10:79-4.1. The result will be the number of months the eligible members of the household unit shall be ineligible to receive NJ FamilyCare-Children's Program under the provisions of this chapter. Any remaining income from this calculation is treated as if it were unearned income in the first month following the period of ineligibility.
1. The period of ineligibility shall begin the first month subsequent to the month the nonrecurring income is received or, if there is insufficient time to provide timely adverse action notice, the following month.
2. Once established, the period of ineligibility may be reduced only in accordance with the AFDC provisions for shortening a period of ineligibility as found at 10:69-10.23(a)5. The basis for a determination to shorten a period of ineligibility shall be fully documented in the case record.
(c) Any person who received AFDC-related Medicaid and became ineligible for such assistance because of a period of ineligibility imposed as a result of the provisions of 10:69-10.23 may establish eligibility under the provisions of this chapter. The amount of the lump sum used to determine the original period of ineligibility shall be divided by the applicable income eligibility limit at 10:79-4.1 to determine the period of ineligibility for NJ FamilyCare-Children's Program under this chapter. If that period has already expired, eligibility for benefits under this chapter may be established so long as all other eligibility criteria are met.
(d) The parents of children and the spouse of a child are legally responsible relatives to children applying for or eligible for benefits under the provisions of this chapter. When a legally responsible relative who is not a parent resides in the same household and is applying for NJ FamilyCare, his or her income is considered in the determination of eligibility and no further action is required. When a legally responsible relative does not reside in the same household, the eligibility determination agency shall pursue support from that relative in accordance with the provisions of 10:69-5.9.
1. Except when the legally responsible relative who is not a parent does not apply for NJ FamilyCare and resides in the same household, income of the relative shall be counted only to the extent that the income is actually made available to the household unit.
(e) 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.

N.J. Admin. Code § 10:79-4.3

Amended by R.1998 d.154, effective 2/27/1998 (operative March 1, 1998; to expire August 31, 1998).
See: 30 N.J.R. 1060(a).
In (a), added "For purposes of Plan A eligibility," at the beginning.
Adopted concurrent proposal, R.1998 d.487, effective 8/28/1998.
See: 30 N.J.R. 1060(a), 30 N.J.R. 3519(a).
Readopted the provisions of R.1998 d.154 without change.
Amended by R.2002 d.124, effective 4/15/2002.
See: 33 N.J.R. 4188(a), 34 N.J.R. 1546(a).
Added (e).
Amended by R.2004 d.42, effective 1/20/2004.
See: 35 N.J.R. 3802(a), 36 N.J.R. 572(b).
In (a), substituted "the rules" for "regulations" preceding "applicable" in the introductory paragraph, added 5 and amended the N.J.A.C. references throughout; in (b), inserted ", in accordance with N.J.A.C. 10:79-4.1" following "household" in the first sentence of the introductory paragraph and amended the N.J.A.C. reference in 2; in (c) rewrote the first sentence and added the N.J.A.C. reference in the second sentence; in (d), amended the N.J.A.C. reference in the introductory paragraph.
Amended by R.2009 d.232, effective 7/20/2009.
See: 41 N.J.R. 945(a), 41 N.J.R. 2793(a).
In the introductory paragraph of (d), inserted "who is not a parent" and "and is applying for NJ FamilyCare"; and in (d)1, inserted "who is not a parent does not apply for NJ FamilyCare and".