N.J. Admin. Code § 10:87-5.5

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

Section 10:87-5.5 - Unearned income

(a) For the purposes of determining net NJ SNAP income, unearned income shall include, but not be limited to:

1. Assistance payments from Federal or Federally aided public assistance programs such as SSI or WFNJ/TANF and WFNJ/GA program payments, or other assistance programs based on need. Such assistance is considered to be unearned income even if provided in the form of a vendor payment to a third party on behalf of the household, unless specifically exempt as countable income under the provisions at 10:87-5.9(a)1 and 2.

i. All assistance payments from programs which require, as a condition of eligibility, the actual performance of work, without compensation other than the assistance payments themselves, shall be considered unearned income;

2. Annuities, pensions, retirement benefits, veteran's benefits, old-age, survivors, or disability benefits, workman's compensation, unemployment compensation, including any amount deducted to repay an IPV violation, Social Security benefits, strike benefits, and foster care payments for children or adults provided that the foster child or adult is included in the household;

3. Gross income (minus the cost of doing business) derived from rental property in which a household member is not actively engaged in management of the property at least 20 hours a week (see 10:87-5.4(a)3 i);

4. Scholarships, educational grants, deferred payment loans for education, veteran's educational benefits and the like in excess of amounts excluded at 10:87-5.9(a)7. Educational assistance with a work requirement is not considered unearned income;

5. Support and alimony payments made directly to the household from nonhousehold members. Non-recurring arrearages on child support and alimony payments made directly to the household are considered lump sum payments. Recurring court-ordered arrearages on child support and alimony payments made directly to the household are considered as unearned income;

6. Payments from Federal, State, or local government-sponsored programs which can be construed to be a gain or benefit;

7. Payments in the form of dividends, interest, and royalties;

8. Monies that are withdrawn or dividends that are or could be received by a household from trust funds.

i. Trust withdrawals shall be considered income in the month received unless excluded in accordance with 10:87-5.9.

ii. Dividends which the household has the option of either receiving as income or reinvesting in the trust are to be considered income in the month they become available to the household unless excluded in accordance with 10:87-5.9;

9. All other direct money payments from any source which can be construed to be a gain or benefit to the household;

10. Income deemed to an alien age 18 or older from his or her sponsor in accordance with 10:87-7.11; and

11. Foster care payment received by the household for a foster care child whom the household has opted to include in the NJ SNAP household.

N.J. Admin. Code § 10:87-5.5

Amended by R.1983 d.121, effective 4/4/1983.
See: 15 N.J.R. 247(a), 15 N.J.R. 625(b).
Originally adopted as an Emergency Rule, R.1983 d.38, eff. 1/31/1983. The amendment was pursuant to the Omnibus Budget Reconciliation Act of 1982 (P.L. 97-253) and the Food Stamp and Commodity Distribution Amendments of 1981 (P.L. 97-98, Title 13).
Amended by R.1983 d.141, effective 5/2/1983.
See: 15 N.J.R. 212(b), 15 N.J.R. 692(b).
Trust withdrawal and dividends added to list of unearned income at (a)8; 8 renumbered 9.
Emergency Amendment and Concurrent Proposal, R.1986 d.297, effective 6/30/1986 (operative July 1, 1986).
See: 18 N.J.R. 1490(a).
(a)1i added.
Readopted Concurrent Proposal, R.1986 d.395, effective 10/6/1986.
See: 18 N.J.R. 1490(a), 18 N.J.R. 2015(c).
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).
In (a)2: added phrase, ". . . provided that the foster . . . in the household;"
Amended by R.1998 d.498, effective 10/5/1998.
See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b).
In (a)4, deleted a reference to fellowships, and inserted "other than educational assistance with a work requirement" following "the like".
Amended by R.1999 d.6, effective 1/4/1999.
See: 30 N.J.R. 3451(a), 31 N.J.R. 69(a).
In (a)1, substituted a reference to WFNJ/TANF and WFNJ/GA for a reference to AFDC and General Assistance in the introductory paragraph, and deleted a reference to GAEP in i.
Amended by R.2004 d.181, effective 5/17/2004.
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a).
Rewrote the section.
Amended by R.2009 d.94, effective 3/16/2009.
See: 40 N.J.R. 5932(a), 41 N.J.R. 1245(b).
In the introductory paragraph of (a)1 and of (a)8, and in (a)8i, substituted a period for a semicolon at the end; in (a)1i, substituted a semicolon for a period at the end; in (a)5, substituted a period for a semicolon at the end of the first sentence and inserted the last two sentences; in (a)8, inserted commas following "Monies", "dividends" and "funds", and inserted a closing parenthesis following the N.J.A.C. reference; in (a)10, substituted "; and" for a period at the end; and added (a)11.
Amended by R.2012 d.031, effective 2/6/2012 (operative March 7, 2012).
See: 43 N.J.R. 2114(a), 44 N.J.R. 241(a).
In the introductory paragraph of (a) and in (a)11, substituted "NJ SNAP" for "food stamp"; rewrote (a)4; in (a)5, deleted "in accordance with N.J.A.C. 10:87-6.9(d)2" at the end of the second sentence; in (a)8, substituted "that" for ", which" twice, and deleted ", which are considered to be excludable resources (see N.J.A.C. 10:87-4.8(a)14)" following "funds"; and in (a)11, deleted "for" following "child" and substituted "include" for "be included".