N.J. Admin. Code § 10:90-2.3
Current through Register Vol. 56, No. 21, November 4, 2024
Section 10:90-2.3 - Time limits on eligibility for WFNJ TANF/GA benefits(a) Effective April 2, 1997, eligibility for cash assistance benefits shall be limited to a lifetime total of 60 cumulative months for an adult individual recipient, except as otherwise provided in this subsection, whether the assistance was received in the WFNJ/TANF component, the WFNJ/GA component or a combination of both the WFNJ TANF/GA components of the program. The calculation of the lifetime limit will be based upon the number of days the recipient received benefits up to the 60-cumulative-month lifetime limit. 1. At the end of an individual adult recipient's 60 cumulative months of receipt of cash assistance, the assistance unit shall no longer be eligible to receive WFNJ/TANF or WFNJ/GA assistance.2. In the event that a recipient who has received cash assistance as a dependent child or minor parent and later becomes a head of household or other adult assistance unit member, the time during which such dependent child or minor parent had previously received benefits shall not count toward the 60-cumulative-month lifetime limit.3. For eligible aliens identified at 10:90-2.10, who are single adults or couples without dependent children, the benefit period is further limited by the alien's eligibility and application for citizenship status. i. Eligible aliens who are single adults or couples without dependent children may receive benefits until they meet the minimum residency requirements to apply for citizenship in accordance with INS rules, which include, but are not limited to: continuous residence within the United States, after being lawfully admitted for permanent residence, for at least three years immediately preceding the date of filing a petition for naturalization if married to a United States citizen or, if not, continuous residence within the United States, after being lawfully admitted for permanent residence, for at least five years immediately preceding the date of filing a petition for naturalization. Because only individuals with legal permanent residence status are eligible to apply for citizenship, this provision applies only to aliens with legal permanent resident status.ii. After residency requirements for citizenship are met, aliens who have applied for citizenship shall not receive benefits for more than six months unless they attain citizenship, or pass the language and civics component (prior to or at the time of the alien's interview with the United States Citizenship and Immigration Services, unless exempt), and are awaiting a final determination delayed through no fault of their own. The six-month time limit shall not apply if an individual is unable to meet with the United States Citizenship and Immigration Services or if an individual is delayed or unable to complete the language and civics component due to scheduling delays with the United States Citizenship and Immigration Services. In this situation, individuals shall continue to receive benefits while cooperating with the United States Citizenship and Immigration Services to attain citizenship. The agency shall monitor and document the individual's efforts to attain citizenship to ensure compliance.iii. An alien who attains citizenship may continue to receive benefits for a lifetime total of 60 cumulative months from April 2, 1997 forward or the effective date of eligibility for WFNJ/GA, if later than April 2, 1997. The total months of eligibility include any time the individual was receiving WFNJ benefits prior to becoming a citizen.iv. An alien who meets the requirements for residency and citizenship on or after August 22, 1996, but does not initiate the naturalization process shall not be eligible to receive benefits.(b) A WFNJ/GA recipient's receipt of non-Federally funded general public assistance benefits while in another state shall count towards the WFNJ/GA 60 cumulative month lifetime limit.1. In determining the number of months for which an adult recipient has received cash assistance, the first 90 days of each period of a temporary disability resulting from injury or illness related to participation in a community work experience program (CWEP) or alternative work experience program (AWEP) shall be exempted from the 60 cumulative month time limit.(c) A WFNJ/TANF recipient's receipt of assistance from Federal TANF block grant funds provided by another state or territory shall count towards the 60 cumulative month lifetime limit, except for an adult recipient as described in (c)1 and 2 below. 1. In determining the number of months for which an adult has received assistance, any month during which the adult lived on an Indian reservation or in an Alaskan Native village shall be disregarded if, during the month, at least 1,000 individuals were living on the reservation or in the village and at least 50 percent of the adults living on the reservation or in the village were unemployed.2. In determining the number of months for which an adult recipient has received cash assistance, the first 90 days of each period of a temporary disability resulting from injury or illness related to participation in a community work experience program (CWEP) or alternative work experience program (AWEP) shall be exempted from the 60 cumulative month time limit.(d) In determining the number of months for which an adult recipient has received cash assistance, the months an individual spent in sanction status shall not count towards the 60 cumulative month lifetime limit.N.J. Admin. Code § 10:90-2.3
Amended by R.1998 d.42, effective 1/20/1998.
See: 29 N.J.R. 3971(b), 30 N.J.R. 389(a).
In (a)3iii, added last sentence and language regarding effective date of eligibility; added (b)1 and (d).
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)3i, added the last sentence.
Amended by R.2009 d.289, effective 9/21/2009.
See: 40 N.J.R. 5494(a), 41 N.J.R. 3435(a).
In the introductory paragraph of (a), substituted "60-cumulative-month" for "60 cumulative month"; in (a)2, substituted "minor parent" for "parent-minor" twice, and "60-cumulative-month" for "60 cumulative months"; and rewrote (a)3ii.