N.J. Admin. Code § 10:87-2.6
Current through Register Vol. 56, No. 21, November 4, 2024
Section 10:87-2.6 - Head of household(a) The CWA shall not use the head of household designation to impose special requirements on the household, such as requiring that the head of household, rather than another responsible member of the household, appear at the certification office to make application for benefits.(b) When designating the head of household, the CWA shall allow the household to select an adult parent of children (of any age) living in the household, as the head of household provided that all adult household members agree to the selection. The CWA shall permit such households to select their head at each certification action or whenever there is a change in household composition. 1. The CWA shall provide written notice to all households at the time of application and, as otherwise appropriate, that specifies the household's right to select its head of household in accordance with (b) above.i. The written notice shall identify which households have the option to select their head of household, the circumstances under which a household may change its designation of head of household and how such changes must be reported to the CWA.(c) If all adult household members do not agree to the selection or decline to select an adult parent as the head of household, the CWA may designate the head of household or permit the household to make another selection. In no event shall the household's failure to select an adult parent of children, or an adult who has parental control over children, as the head of household delay the certification or result in the denial of benefits of an otherwise eligible household. For households that do not consist of adult parents and children or adults who have parental control of children living in the household, the CWA shall designate the head of household or permit the household to do so.(d) For purposes of failure to comply with the work requirements at N.J.A.C. 10:87-10, the head of household shall be the principal wage earner unless the household has selected an adult parent of children as specified in (b) and (c) above. The principal wage earner shall be the household member (including excluded members, see 10:87-2.3(c) ) who is the greatest source of earned income in the two months prior to the month of the violation. This provision applies only if the employment involves 20 hours or more per week or provides weekly earnings at least equivalent to the Federal minimum wage multiplied by 20 hours. 1. No person of any age living with a parent or person fulfilling the role of a parent who is registered for work or exempt from work registration requirements because such parent or person fulfilling the role of a parent is subject to and participating in any work requirement under title IV of the Social Security Act, or in receipt of unemployment compensation (or has registered for work as part of the application for or receipt of unemployment compensation), or is employed or self-employed and working a minimum of 30 hours weekly or receiving weekly earnings equal to the Federal minimum wage multiplied by 30 hours, shall be considered the head of household unless the person is an adult parent of children as specified in (b) and (c) above and the household elects to designate the adult parent as its head of household.2. If there is no principal source of earned income in the household, the household member, documented in the case file as the head of household at the time of the violation, shall be considered the head of household.3. The designation of head of household through the circumstances at (d) above shall take precedence over a previous designation of head of household at least until the period of ineligibility is ended.N.J. Admin. Code § 10:87-2.6
Emergency Amendment, R.1987 d.202, effective 4/3/1987 (expires June 2, 1987).
See: 19 N.J.R. 649(a).
Added all new text.
Readoption of Emergency Rule and Concurrent Proposal, R.1987 d.261, effective 7/6/1987.
See: 19 N.J.R. 649(a), 19 N.J.R. 1207(b).
Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
Substantially amended.
Amended by R.1991 d.247, effective 5/6/1991.
See: 23 N.J.R. 179(a), 23 N.J.R. 1412(b).
Added new (b)iv.
Amended by R.1993 d.62, effective 2/1/1993.
See: 24 N.J.R. 3207(b), 25 N.J.R. 584(a).
In (b)1ii, provides for the selection of a head of household.
Repeal and New Rule, R.2004 d.181, effective 5/17/2004.
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a).
Section was "Head of Household".