N.J. Admin. Code § 10:90-1.2

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

Section 10:90-1.2 - Opportunity and decision to apply

(a) Any person who believes he or she is eligible for WFNJ assistance must be given the opportunity to apply without delay. Applicants shall be informed about the eligibility requirements and their rights and obligations in applying for and receiving assistance. The decision to apply rests with the person. The applicant has the right to withdraw the application before eligibility or ineligibility has been determined.

(b) The application process begins with the initial contact by a member of the assistance unit with the designated county or municipal agency and ends with a decision by that agency as to the eligibility of the assistance unit for WFNJ benefits. Both the applicant and the county or municipal agency have a responsibility to verify and document eligibility.

(c) Initial contact may be an inquiry, a referral or an application:

1. Inquiry means any request for information about assistance programs which is not a request for an application. A record is necessary only when the inquiry requires follow-up action.

2. Referral means a request from a public or private agency or individual for assistance on behalf of another individual/family. All referrals must be recorded with appropriate facts, and the disposition noted.

3. Application means a written request for public assistance by an individual, couple without children, natural or adoptive parent(s), parent-person(s), minor parent(s), or legal guardian acting on behalf of the individual/family.

(d) There are four types of applications: new application, reapplication, reopened application and transfer application (see N.J.A.C. 10:90-15 for definitions).

(e) The applicant(s) and/or his or her designee shall be assisted by the WFNJ worker in completing the Application and Affidavit for WFNJ and the Agreement to Repay pursuant to 44:10-64. The applicant shall be given the WFNJ Participant Handbook, an information card concerning the "Fair Hearings in the Work First New Jersey Program (WFNJ)", and written notification of his or her rights and responsibilities under the WFNJ program.

(f) Responsibilities of the county or municipal agency during the initial contact shall include, but not be limited to:

1. Explaining the programs/services and detailing the applicant's rights and responsibilities including immediate need, his or her mandatory cooperation with Child Support and Paternity (CSP) requirements, work requirements, family violence provisions, personal identification requirements, time limits, requirements for affidavits regarding felony conviction, parole violation, drug conviction, and minor parent requirements;

2. Providing an orientation to the WFNJ program to each applicant for assistance to explain the need for each individual to comply with WFNJ work requirements as a condition of eligibility for WFNJ benefits, unless deferred. All WFNJ applicants unless they are 60 years old or over, a victim of family violence, a child-only case, or EEI eligible are required to register for work with the New Jersey One-Stop Career Center (NJOSCC);

i. The work registration is completed via an electronic transfer of information to America's One-Stop Operating System (AOSOS) upon determination of eligibility for WFNJ. If the person is deemed employable through the completion of Part A of the Employability Plan Development Tool (EPDT), then the CWA/MWA shall make a referral to the NJOSCC using the AOSOS interagency referral system.

3. Informing the applicant how and where to apply and what verifications and documents are needed to complete the intake interview;

4. Advising the applicant that Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 prohibit discrimination in determining eligibility for public assistance (see 10:90-1.7 regarding specific nondiscrimination provisions) and furnishing him or her with a copy of the WFNJ Participant Handbook;

5. Determining whether the applicant does indeed wish to apply with full understanding of the need to verify essential eligibility factors and the requirement for a personal interview, which includes, as an initial step, a CSP interview;

i. County CSP staff shall be co-located with WFNJ/TANF intake staff, to insure that the child support interview does not delay the application process;

6. Informing the applicant of the availability of the New Jersey Supplemental Nutrition Assistance Program (NJ SNAP), specifying the requirements for qualification and, if appropriate, assisting the applicant in applying if he or she so chooses and assisting the applicant in obtaining verification documentation.

i. When the applicant is applying for multiple benefits, for example, WFNJ, Medicaid, and NJ SNAP, the agency shall determine if the child support interview and work registration requirement can be completed on the day of initial contact with the agency. Where the child support interview and/or work requirement cannot be completed on the day of application, the applicant shall be afforded the opportunity to file the application, for NJ SNAP purposes, that day. At a minimum, the applicant shall provide his or her name and signature, as well as the date of filing, on the application. The applicant shall also complete the questions on the PA-1J which are relevant in determining whether the household is entitled to NJ SNAP expedited service. In addition, the applicant shall be provided with an appointment to return to the agency to comply with the CSP interview and/or the work registration requirement;

7. Advising a pregnant woman that she may make application for assistance for herself and the expected child up to 90 days before the expected birth date of her child, as well as providing information regarding prenatal benefits available under Medicaid and supplemental benefits available under the Woman, Infants and Children (WIC) program;

8. Taking the WFNJ application at the county level, on the same day when an individual appears at the office to request an application, if possible, or in hardship cases, when a home visit occurs, which includes an Agreement to Repay (form WFNJ-10D) as well as an application for NJ SNAP benefits and an application for Medicaid or medical benefits, as appropriate. If the agency determines that the application cannot be completed on the day of the request, the applicant shall be afforded the opportunity to file the application that day by providing his or her name and signature, as well as the date of filing, on the application. The applicant shall be provided with an appointment to complete the application process. The agency must ensure that eligibility shall be retroactive to the date on which the individual signed the application, except in the case of an employable WFNJ/GA applicant. For such an applicant, eligibility shall commence after he or she has completed a minimum of 28 days in an employment-related activity through LWD. While the applicant is participating in the activity, the agency shall ensure that the application is being processed for issuance of cash assistance upon completion of the 28-day employment-related activity, if the applicant appears otherwise eligible. Cash assistance shall be issued from the date eligibility is established, not the application date. An applicant's failure to comply with the employment-related activity requirement, without good cause, shall result in a denial of the applicant's WFNJ/GA application and a 30-day period of ineligibility. The period of ineligibility shall begin on the date of the denial for failure to complete the assigned activity. The notice of denial shall be issued in accordance with the provisions at N.J.A.C. 10:90-9. The penalty shall only be applied if the applicant reapplies within 30 days of the denial date and shall be noted on the denial notice.

i. For GA cases applying for Supplemental Security Income, in addition to form WFNJ-10D, the applicant shall also sign the WFNJ/GA-30 (Authorization for Reimbursement of Initial Supplemental Security Income (SSI) Payment or Initial SSI Post-eligibility Payment) and the WFNJ/GA-30A (Agreement to Repay Assistance From Initial SSI Payment) in accordance with 10:90-14.5(c);

9. Taking the WFNJ application at the municipal level, on the same day when an individual appears at the office to request an application, if possible, or in hardship cases, when a home visit occurs, which includes an Agreement to Repay (form WFNJ-10D) for cash assistance, emergency assistance, and any monies that the Division of Medical Assistance and Health Services spends as a direct result of accident-related injuries. If the agency determines that the application cannot be completed on the day of request, the applicant shall be afforded the opportunity to file the application that day by providing his or her name and signature, as well as the date of filing, on the application. The applicant shall be provided with an appointment to complete the application process. The agency must ensure that eligibility shall be retroactive to the date the individual signed the application, except in the case of an employable WFNJ/GA applicant. For such an applicant, eligibility shall commence after he or she has completed a minimum of 28 days in an employment-related activity through LWD. While the applicant is participating in the activity, the agency shall ensure that the application is being processed for issuance of cash assistance upon completion of the 28-day employment-related activity, if the applicant appears otherwise eligible. Cash assistance shall be issued from the date eligibility is established, not the application date. An applicant's failure to comply with the employment-related activity requirement, without good cause, shall result in a denial of the applicant's WFNJ/GA application and a 30-day period of ineligibility. The period of ineligibility shall begin on the date of the denial for failure to complete the assigned activity. The notice of denial shall be issued in accordance with the provisions at N.J.A.C. 10:90-9. The penalty shall only be applied if the applicant reapplies within 30 days of the denial date and shall be noted on the denial notice.

i. For GA cases applying for Supplemental Security Income, in addition to form WFNJ-10D, the applicant shall also sign the WFNJ/GA-30 and the WFNJ/GA-30A, in accordance with 10:90-14.5(c); and

10. Determining the employability and/or type of assistance the applicant is seeking.

i. To determine an applicant's employability, the agency shall help the applicant who appears to meet financial and non-financial eligibility requirements and who is considered an eligible candidate for WFNJ cash assistance, to complete Part A of the EPDT. The information obtained from Part A of the EPDT shall be used to develop the initial Individual Responsibility Plan (IRP) (see 10:90-4.8 for provisions regarding IRP plan completion).

ii. If a referral to the NJOSCC for "To-Work" services is appropriate, the CWA/MWA shall document the referral as a WFNJ eligibility requirement on the initial IRP. The IRP shall reflect that an appointment shall be scheduled with the NJOSCC to complete Part B of the EPDT upon determination of eligibility for WFNJ.

iii. Those individuals with barriers to employment identified by the EPDT, or who are deferred from the work requirement, shall have their social service needs met by the CWA/MWA, until such time as their barriers are removed and they are redetermined mandatory "To-Work" participants. When a referral is made to a barrier removal activity, the initial IRP shall indicate that the individual's first activity is a referral to be assessed by the appropriate agency.

iv. The county or municipal agency, as appropriate, shall ensure the provision of necessary case management for all recipients. Case management means the provision of certain services to recipients, which shall include an assessment and development of an IRP for each adult recipient, minor parent, and 16- through 18-year old individual that is not attending school on a full-time basis. (See 10:90-4.7 and 4.9 for provisions regarding assessment and 10:90-4.8 for provisions regarding IRP plan completion.) The most intensive case management shall be directed to those facing the most serious barriers to employment.

N.J. Admin. Code § 10:90-1.2

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 N.J.R. 3971(b), 30 N.J.R. 389(a).
In (e), added information detailing written notification of rights and responsibilities under WFNJ; in (f)2 added "immediate need" and "domestic violence provisions" and added (f)3; recodified former (f)3 to (f)4 and added (f)4i, recodified former (f)4 to (f)5 and former (f)5 to (f)6; recodified former (f)6 to (f)7 and added (f)7i; recodified former (f)7 to (f)8 and added (f)8i, recodified former (f)8 to (f)9 and former (f)9 to (f)10; and added (f)11.
Amended by R.2003 d.226, effective 6/16/2003.
See: 34 N.J.R. 2713(a), 35 N.J.R. 2670(a).
Rewrote (e) and (f).
Amended by R.2004 d.292, effective 8/2/2004.
See: 36 N.J.R. 1695(a), 36 N.J.R. 3545(a).
In (f)3, inserted "for each adult recipient, parent minor, and 16 through 18 year old individual that is not attending school on a full time basis" following "responsibility plan (IRP)".
Amended by R.2008 d.324, effective 11/3/2008.
See: 40 N.J.R. 2188(a), 40 N.J.R. 6459(a).
In (c)3, substituted "minor parent(s)" for "parent-minor"; and rewrote (f).
Amended by R.2012 d.188, effective 11/19/2012.
See: 44 N.J.R. 544(a), 44 N.J.R. 2947(b).
In the introductory paragraph of (f)6, substituted "New Jersey Supplemental Nutrition Assistance" for "Food Stamp (FS)" and a period for a semicolon at the end and inserted "(NJ SNAP),"; in (f)6i, inserted a comma following "Medicaid" and substituted "NJ SNAP" for "food stamps"; and rewrote the introductory paragraphs of (f)8 and (f)9.

Amended by 56 N.J.R. 486(a) effective 4/1/2024