N.J. Admin. Code § 10:90-2.9

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

Section 10:90-2.9 - Definition of employable/unemployable persons in WFNJ/GA

(a) The definition of employable/unemployable persons for determination of payment level is as follows:

1. An employable person is any person applying for or receiving cash assistance who is able-bodied and does not meet any one of the criteria of deferred delineated in (a)2 below; and

2. An unemployable person is any person who meets any of the criteria listed below:

i. Persons who are 62 years of age or older;

ii. Persons receiving inpatient hospital care and treatment who were receiving an unemployable grant prior to entering the hospital. (Persons who were listed as employable shall retain such employable status until hospital discharge.);

iii. Persons who are residents in long term care facilities;

iv. Persons in the first 12 months of residential treatment in centers licensed by the New Jersey Department of Health and Senior Services for the treatment of drug abuse, when medical evidence exists that the residential treatment is necessary (see 10:90-2.8(a)7 ii regarding drug abuse treatment for those convicted of possession or use of controlled substances). The 12 month period starts anew for each commencement of treatment, previous incomplete or unsuccessful courses of treatment notwithstanding;

v. Persons normally eligible to receive RSDI (Title II benefits), SSI or Railroad Retirement benefits on the basis of disability, but due to administrative delays in that respective program, payments are being withheld;

vi. Persons who have been determined to be legally blind by the New Jersey Commission for the Blind and Visually Impaired;

vii. Persons in the third trimester of pregnancy when an examining physician certifies to both the pregnancy and its term;

viii. Pregnant persons when an examining physician certifies that employment poses a threat to the mother or the fetus;

ix. A caretaker relative of a disabled dependent who must provide full-time care for the disabled dependent (see 10:90-2.4(a)2 ii). No more than one person in an eligible unit may be considered unemployable for this reason without written authorization from the DFD; and/or

x. Persons determined to be incapacitated by the agency that administers the WFNJ/GA program are unemployable when such determination of incapacity is supported by the following circumstances:

(1) Form WFNJ/MED-1 shall be fully completed by an examining physician that the individual is unable to comply with WFNJ/GA requirements. Such certification shall include, at a minimum, the date of examination, diagnosis, length of incapacity, functional limitations, prescribed treatment, an indication of whether or not reevaluation will be necessary, and the examining physician's signature. The cash assistance benefit shall be issued at the employable rate until the recipient is determined unemployable for a minimum of six continuous months by the examining physician. Upon presentation of documentation of unemployability, applicants and recipients shall be considered deferred from the work requirement in accordance with 10:90-4.10 and shall not be required to meet the WFNJ/GA 28-day work activity requirement. A recipient whose unemployable status fluctuates from month-to-month will continue to receive cash assistance at the employable rate until he or she is determined unemployable for a minimum of six continuous months by an examining physician. Payment at the unemployable rate shall begin at the seventh month of unemployability. If medical documentation presented at application or redetermination indicates a period of unemployability of six months or more, then the unemployable cash assistance rate shall be issued upon a determination of eligibility.

(A) Individuals who are deferred from the work requirement because of a physical or mental condition, which prevent them from being able to work full-time may participate part-time in a WFNJ work activity or employment if their physical or mental impairment allows, and the examining practitioner certifies on the WFNJ/MED-1 that the individual's physical or mental condition will allow participation. If a deferred individual chooses to participate in a work activity or employment and then finds that his or her condition precludes continuing participation, he or she shall not be subject to a WFNJ 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.

N.J. Admin. Code § 10:90-2.9

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)2ix, added reference to N.J.A.C. 10:90-2.4(a)2ii.
Special amendment, R.2000 d.392, effective 9/1/2000 (to expire March 1, 2001).
See: 32 N.J.R. 3615(a).
In (a)1, deleted a former second sentence.
Amended by R.2001 d.42, effective 12/27/2000.
See: 32 N.J.R. 3615(a), 33 N.J.R. 564(a).
In (a)1, deleted second sentence.
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)1, inserted "cash" following "receiving".
Amended by R.2004 d.292, effective 8/2/2004.
See: 36 N.J.R. 1695(a), 36 N.J.R. 3545(a).
In (a)2x(1), rewrote the first 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 (a)1, substituted "; and" for a period at the end; in (a)2i, deleted "over" preceding "60"; and inserted "or older"; in the introductory paragraph of (a)2x, substituted "that" for "which", and deleted "any of" preceding "the following"; in the introductory paragraph of (a)2x(1), substituted "examination" for "examining", and deleted a comma following "necessary"; and added (a)2x(1)(A).
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)2i, substituted "62" for "60".
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)2x(1).