N.J. Admin. Code § 10:90-2.4

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

Section 10:90-2.4 - Exemptions from the 60-cumulative-month time limit

(a) A WFNJ TANF/GA recipient shall be exempted from the 60-cumulative-month time limit if the recipient is:

1. Sixty years of age or older;

2. One parent, in a two-parent family or a caretaker relative of a disabled child or other disabled dependent who must provide full-time care for the disabled child or other disabled dependent;

i. A disabled child is a person from birth to the age of 18 years who has a medically determinable physical or mental impairment which substantially reduces the child's ability to function independently, appropriately, and effectively in an age-appropriate manner; whose impairment is expected to last for a continuous period of not less than 12 months; and who requires the continuous presence and personal services of the parent/caretaker relative to maintain his or her basic level of functioning.

ii. A disabled dependent is a person over the age of 18 years who suffers from a medically determinable physical or mental impairment which reduces the dependent adult's ability to engage in substantial gainful activity; whose impairment is expected to last for a continuous period of not less than 12 months; and who requires the continuous presence and personal services of the parent/caretaker relative to maintain his or her basic level of functioning.

3. Permanently disabled, including, but not limited to, a person eligible for disability insurance benefits under Title II or Title XVI of the Federal Social Security Act or persons who have never completed an application for SSI or SSDI benefits, or did not appeal a denial by SSA.

i. A permanently disabled individual is an individual whose physical or mental impairment, defect or injury prevents him or her from engaging in full-time employment for a period of 12 or more months as certified by an attending physician (including a licensed or certified psychologist, as appropriate), or advanced practice nurse on a minimum of one WFNJ/MED-1, Examination Report. Such individuals may be awaiting eligibility determination for Federal long-term disability (SSI or RSDI) benefits or be among those who have been determined by the State Department of Labor and Workforce Development to be impaired to such a degree that they will not likely achieve employment even with the provision of vocational rehabilitation services. This includes persons who are permanently disabled because of HIV-related illness who are eligible for Federal SSI benefits.

ii. Such individuals, if their physical or mental impairment allows, may participate in part-time WFNJ work activities or employment for a length of time as designated by the certifying practitioner. When such individuals choose to engage in a WFNJ work activity and/or employment and then find that their condition or impairment prevents such activity, he or she can revert back to deferred status and are not subject to sanction. Part-time participants shall be given access to the same services and supports as non-deferred recipients, such as access to training slots, transportation and child care supports.

iii. At the time of case redetermination, a permanently disabled individual's condition shall be reviewed. A recertification using a WFNJ/MED-1 shall not be required for those individuals who provide documentation that they have been determined permanently disabled and are receiving disability insurance benefits under Title II or Title XVI of the Federal Social Security Act; otherwise a recertification using a WFNJ/MED-1 form shall be required annually. If the condition remains unchanged, a new Individual Responsibility Plan does not have to be completed for the permanently disabled individual.

(1) For an individual that may be work ready, a new WFNJ/MED-1 must be completed. Additionally, if the WFNJ agency worker, through his or her observation or through any other means, which can be documented, believes that a positive change in the individual's condition occurred, such observations shall be documented through the worker's completion of a WFNJ-6, Work First New Jersey Medical-Social Information Report;

4. Chronically unemployable as defined by the provisions below:

i. A chronically unemployable adult cannot be identified until at least 36 months have been spent in the WFNJ program and the adult exhibits a limited and inconsistent or no history of full-time, ongoing successful gainful employment (including, but not limited to, multiple or lengthy periods of unemployment or underemployment) or successful participation in work activities despite good faith efforts which have been documented.

ii.No single factor or employment barrier is used to make a determination of chronically unemployable, but rather, an individual shall be considered chronically unemployable if he or she has a limited and inconsistent or no work history as defined above and any one of the following criteria:

(1) Has low literacy or math level (below sixth grade); or

(2) Exhibited personal, social or psychological factors (as indicated in (a)4ii(2)(A) through (E) below) which indicate that the person is unlikely to ever get and/or keep a job in the foreseeable future-any one of the following which would require medical or other appropriate documentation and/or trigger a referral to SSI:

(A) A history of chronic substance abuse/early onset;

(B) A personal history of crises and traumas, both physical and/or emotional, as well as significant mental health problems, including, but not limited to, chronic or major depression, over the person's lifetime;

(C) Borderline mental retardation or severe learning disability;

(D) The adult, 55 years of age or older, has a prolonged work history in one particular field or occupation and is no longer able to maintain such employment due to his or her age and inability to perform the unique requirements of the job, and lacks the education/training necessary to engage in other successful gainful employment; or

(E) As long as New Jersey is within the 20 percent exemption limit allowed under PRWORA, adults who have participated in the Supportive Assistance for Individuals and Families (SAIF) program and demonstrated continued efforts to engage in education or employment activities but after 24 months of intensive intervention exhibit more than one barrier to employment, such as:

(I) Lack of a high school diploma/GED;

(II) Limited English proficiency;

(III) Lack of skills/training;

(IV) Criminal record (resistant to expunction or bonding);

(V) Lack of work experience;

(VI) Child care unavailable for a special needs child;

(VII)Family problems of participant or dependent involving behavioral health system, CP&P or legal issues; or

(VIII) Chronic health problems of participant or dependent (with Division of Medical Assistance and Health Services (DMAHS) review).

iii. When an adult individual exhibits early indications of being a person who will be eventually classified as a chronically unemployable individual, it is important to carefully plan a realistic Individual Responsibility Plan with such an individual to phase the individual gradually into activities to build up basic skills, to instill confidence and reinforce any talents or aptitudes the individual exhibits. Also, when significant physical, emotional, or other disabilities are present, the individual should be directed to apply for SSI. Such individuals should be placed in less stressful work placements such as, but not limited to, supervised employment or community service activities. Referrals should also be made to all other appropriate services designed to assist the developmental progress of such individuals;

5. Subject to family violence (see 10:90-2.6 for a description of other program requirements which may be waived for victims of family violence). This exemption shall be based upon the request of the recipient. If any of the following family violence situations occur, then an exemption shall be granted. However, this is not an all inclusive list of family violence situations that may warrant an exemption:

i. Individuals currently living in an active family violence situation are to be determined eligible for an exemption to the 60-month lifetime limit on receipt of cash assistance benefits, if a deferral from the work requirement is or was requested;

ii. Individuals with a recent history of family violence who have not been participating in the WFNJ work requirement due to the family violence situation and remain deferred due to family violence are to be determined eligible for an exemption to the 60-month lifetime limit on receipt of cash assistance benefits;

iii. Individuals with a previous history of family violence who were deferred at some time and were not able to fully participate, and have recently been participating in the WFNJ work requirement, shall be determined eligible for an exemption to the 60-month lifetime limit on receipt of cash assistance benefits, if the inability to participate in the WFNJ requirement has impacted his or her ability to become self-sufficient; and/or

iv. A past or present victim of family violence who has previously or who is currently engaging in work activities, if the recipient has been unable to become self-sufficient due to family violence;

6. An individuals who has exhausted 60 cumulative months of WFNJ TANF/GA benefits may be eligible to reapply for and receive assistance after his or her case has been closed if he or she meets the criteria for an extension or an exemption; or

7. An individual whose case is in post 60-month extension or exemption status who continues to have a work requirement and fails to be in compliance with that requirement, without good cause, shall have his or her case sanctioned in accordance with provisions at 10:90-4.13.

N.J. Admin. Code § 10:90-2.4

Administrative change, 46 N.J.R. 855(b).