N.J. Admin. Code § 10:90-2.2

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

Section 10:90-2.2 - WFNJ TANF/GA eligibility requirements

(a) An applicant/recipient, as a condition of eligibility for WFNJ TANF/GA benefits, shall, subject to good cause exceptions, be required to do the following:

1. Cooperate with child support by identifying his or her child(ren), providing specific information regarding the noncustodial or custodial parent(s), such as, name, address, date of birth and Social Security number and take certain actions as requested by the appropriate child support agency to help establish paternity, or establish, modify or enforce a child support order (see 10:90-16.2(a) and 16.3(d));

2. Cooperate with work requirements, including interviewing for and accepting employment, if offered, and for employable GA applicants, participating in a minimum of 28 days of employment-related activities through LWD before eligibility can be established;

3. Make application within 30 days for any other assistance for which members of the assistance unit may be eligible when the agency refers the individual, and cooperate with all requirements to establish eligibility for other programs, which includes, but is not limited to, participating in the appeals process, as appropriate. In addition, the individual shall be informed that he or she shall inform the WFNJ agency of all eligibility decisions for other programs within 10 days of receiving notification of the decision. This requirement shall in no way prevent, or delay, an agency from accepting and processing an application for WFNJ assistance;

4. Be income and resource eligible, including the deeming of income and resources as appropriate;

5. Provide all necessary documentation (which shall include contact information);

6. Sign an Agreement to Repay benefits (pursuant to 44:10-64 ), if not already incorporated into the application, in the event of receipt of income or resources. (See 10:90-3.18 for treatment of lump sum income as well as 10:90-7.8 for settlement of suits and claims);

7. Satisfy any sanction or repayment obligation incurred pursuant to any Federal or State law governing public assistance;

8. Supply the county/municipal agency with the Social Security number of each member of the assistance unit or apply for a Social Security number for any such person who does not already have one. If an applicant refuses to provide or apply for the appropriate Social Security number(s), the county/municipal agency shall declare the entire assistance unit ineligible for WFNJ benefits.

i. Effective no later than July 1, 1998, the Federal Social Security number shall be used as the common identifier of individuals for any record, license, certificate or other document identifying a person by name which is used by an agency of State government in accordance with requirements of Federal law.

ii. The Federal Social Security number must be provided for all assistance unit members, except for an eligible alien who cannot be assigned a Social Security number due to his or her status;

9. Comply with personal identification requirements as a condition of receiving benefits, which shall employ the use of high technology processes for the detection of fraud.

i. Each adult WFNJ/TANF applicant/recipient and each WFNJ/GA applicant/recipient (except nursing facility applicants/recipients) shall, as a condition of receiving WFNJ benefits, be issued a photo-identification card by the county agency until implementation of the electronic benefit distribution system is begun in that county agency. Once a county begins to implement the electronic benefit distribution system, the county agency shall no longer be required to issue a photo-identification card to each adult recipient but may continue the issuance of photo-identification cards separate from the benefit cards.

ii. WFNJ/GA applicants/recipients (except nursing facility applicants/recipients) are required to participate in the high technology process at the time of application and at other times when the county/municipal agency deems it necessary to deter duplication of assistance; and

10. Participate in an intensive case management program after receiving 48 months of cash assistance if the recipient does not appear to be exempt from the 60-month time limit or if the recipient is "chronically unemployable" as defined at 10:90-2.4(a)4.

(b) An applicant/recipient who is a minor parent must, as a condition of eligibility, comply with all of (a) above and must also cooperate with the minor parent provisions at 10:90-2.17.

1. Failure of the minor parent to cooperate with the requirements listed at (a) above renders the minor parent and the minor parent's child ineligible for WFNJ/TANF cash assistance but does not render the entire assistance unit with whom the minor parent resides ineligible for WFNJ/TANF cash assistance.

(c) All adult applicants and recipients, minor parents and 16- through 18-year-old individuals not attending school on a full-time basis, as a condition of eligibility, shall complete the EPDT (Part A) and sign an individual responsibility plan (IRP), which shall be developed jointly with the county or municipal agency in accordance with the provisions at 10:90-1.2(f)10 and 4.8.

(d) Any WFNJ applicant/recipient who fails at any time to cooperate with any of the WFNJ program eligibility requirements without good cause shall render some or all assistance unit members ineligible for WFNJ benefits. (See 10:90-11.11 regarding intentional program violation disqualification penalties.)

1. An applicant/recipient who cooperates fully with the conditions of eligibility listed in (a) above, but who has a non-cooperating 16 through 18 year old dependent child as a member of the assistance unit, shall not become ineligible for WFNJ/TANF assistance, nor shall other members of the assistance unit become ineligible for WFNJ/TANF assistance. The non-cooperating 16 through 18 year old dependent child does, however, become ineligible for WFNJ/TANF assistance until such time as he or she complies.

(e) Any WFNJ recipient who fails at any time to participate in work activities without good cause shall lose cash assistance benefits in accordance with the sanction provisions at 10:90-4.13. The individual may re-apply for WFNJ benefits; however, the individual must satisfactorily complete any outstanding sanction obligations and demonstrate compliance with a work activity, in accordance with 10:90-4.11 and 4.18, in order to qualify for cash assistance.

N.J. Admin. Code § 10:90-2.2

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 N.J.R. 3971(b), 30 N.J.R. 389(a).
Added (b)1 and (d)1.
Amended by R.2000 d.347, effective 8/21/2000.
See: 32 N.J.R. 2031(a), 32 N.J.R. 3070(a).
Rewrote (a)1.
Amended by R.2003 d.226, effective 6/16/2003.
See: 34 N.J.R. 2713(a), 35 N.J.R. 2670(a).
In (a), inserted "noncustodial or" preceding "custodial" in 1, rewrote 6, and deleted references to fingerimaging in 9; in (c) added references to the initial IRP; in (e), amended N.J.A.C. references.
Amended by R.2009 d.289, effective 9/21/2009.
See: 40 N.J.R. 5494(a), 41 N.J.R. 3435(a).
In (a)2, inserted ", including interviewing for and accepting employment, if offered"; rewrote (a)3 and (c); in (a)9ii, substituted "; and" for a period at the end; added (a)10; in (b), substituted "minor parent" for "parent-minor" throughout; in the introductory paragraph of (b), deleted "cited" preceding "at"; in (b)1, substituted "minor parent's" for "parent-minor's"; in (c), updated the first N.J.A.C. reference; and in (e), updated the first N.J.A.C. reference.
Amended by R.2011 d.068, effective 2/22/2011 (operative April 25, 2011).
See: 42 N.J.R. 1466(a), 43 N.J.R. 424(a).
In (a)1, deleted a comma following "birth" and "modify", deleted "2v" following "N.J.A.C. 10:90-16.2(a)", and substituted "Social Security" for "social security"; and in (a)5, inserted "(which shall include contact information)".
Amended by R.2012 d.188, effective 11/19/2012.
See: 44 N.J.R. 544(a), 44 N.J.R. 2947(b).
Rewrote (a)2.