N.J. Admin. Code § 10:90-3.14
Current through Register Vol. 56, No. 11, June 3, 2024
Section 10:90-3.14 - Treatment of income for a non-needy stepparent who is married to a natural or adoptive WFNJ recipient parent(a) When a non-needy stepparent is married to a natural or adoptive WFNJ recipient parent and is not the parent of any of the WFNJ children, the non-needy stepparent, the stepparent's natural or adoptive children and the WFNJ recipient parent shall be excluded from the eligible assistance unit; therefore, the eligible assistance unit shall consist of only the WFNJ children. Eligibility for the WFNJ children shall be established provided that the gross income of the assistance unit does not exceed the maximum income limits for the applicable household size as referenced in (a)1 below, and the countable income of the eligible children does not exceed the limits referenced in (c) below. 1. Household maximum income limits for non-needy stepparents marrying WFNJ recipient parents shall be based on 150 percent of the Federal Poverty Income Guidelines as published each year in the Federal Register and subsequently as a public notice in the New Jersey Register.(b) WFNJ eligibility shall not exist for any month if the total income exceeds 150 percent of the Federal Poverty Income Guidelines for the appropriate number of persons in the household. The household shall include the natural or adoptive parent, his or her children, the non-needy stepparent and the stepparent's children residing in the same household who are claimed or could be claimed by the stepparent as dependents for Federal personal income tax liability and who are not recipients of WFNJ or SSI benefits.1. The income of the assistance unit shall be determined by counting the gross income of all members of the household, which shall be reduced only by any amounts paid as alimony or child support to individuals not living in the household. Although SSI benefits are exempt, all other countable income of the natural or adoptive parent is considered.2. The gross income derived from the computation procedures in (b)1 above shall be compared to 150 percent of the Federal Poverty Income Guidelines. Provided the household's gross income is less than the amount for the appropriate household size, initial WFNJ eligibility shall be established for the children of the natural or adoptive parent (excluding children who are recipients of SSI benefits). If the household's gross income equals or exceeds the applicable poverty level guideline amount, all members of the household shall be ineligible for WFNJ benefits.i. The parent of the eligible children shall sign the application for assistance and fulfill all obligations contained therein.ii. The grant for eligible children shall be:(1) The appropriate maximum allowance payment in Schedule II at 10:90-3.3, less any income available to the eligible assistance unit, including the countable income of the natural or adoptive parent as determined in (c) below.(2) In no event shall the WFNJ payment for the eligible children be reduced below $ 10.00 until such time as gross income of the assistance unit exceeds the applicable Federal Poverty Income Guideline for the appropriate household size, and the countable income of the eligible children does not exceed the maximum benefit payment amount in Schedule II at 10:90-3.3 for the appropriate eligible unit size.(c) Countable income to the WFNJ eligible children shall be determined in accordance with the following procedures: 1. The income of the non-needy stepparent shall be totally excluded.2. Any earned income of the WFNJ parent shall be reduced by the appropriate disregard as specified at 10:90-3.8, and the result added to any unearned income received by that parent. The result of this calculation is further reduced by the payment benefit level amount for an eligible unit of one in Schedule II at 10:90-3.3.3. All remaining income of the natural or adoptive parent shall be considered as unearned income and shall be added together with any other countable income of the children to determine the total countable income available to the eligible assistance unit.4. The total countable income shall be deducted from the payment benefit level for the appropriate eligible unit size in Schedule II at 10:90-3.3, and the remainder shall be the WFNJ benefit payable for the eligible children. i. In the event that the WFNJ benefit calculation results in a benefit of less than $ 10.00, (b)2ii(2) above shall apply.N.J. Admin. Code § 10:90-3.14
Amended by R.1998 d.42, effective 1/20/1998.
See: 29 N.J.R. 3971(b), 30 N.J.R. 389(a).
In (b)2, substituted "is less than" for "does not exceed" following "income" in the second sentence, and inserted "equals or" following "income" in the third sentence; and in (c), substituted references to N.J.A.C. 10:90-3.3 for references to N.J.A.C. 10:90-3.5 throughout.
Amended by R.2007 d.163, effective 5/21/2007.
See: 39 N.J.R. 8(a), 39 N.J.R. 2113(a).
In (c)2, substituted "appropriate" for "50 percent".
Amended by R.2011 d.268, effective 11/7/2011 (operative December 7, 2011).
See: 43 N.J.R. 1561(b), 43 N.J.R. 3023(a).
Section was "Treatment of income for non-needy stepparents who are married to a natural or adoptive WFNJ recipient parent". In (b)1, substituted a comma for "(with the exclusion of SSI recipients)" following the first occurrence of "household", and inserted the last sentence.