N.J. Admin. Code § 10:90-3.22

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

Section 10:90-3.22 - WFNJ TANF/GA case redetermination process

(a) Case redetermination is a review of the factors affecting WFNJ TANF/GA eligibility and payment amount. At the time of redetermination, the recipient shall execute a formal application for continuation for assistance. If a redetermination is not conducted and the county/municipal agency is responsible, the right of the client to continued assistance shall not be jeopardized.

1. WFNJ/TANF cases shall be redetermined at least every 12 months.

i. Kinship caregivers participating in the TANF Kinship Care Subsidy Program (KCSP) shall comply with WFNJ/TANF redetermination requirements in accordance with (a)1 above.

2. WFNJ/GA cases, which are designated in accordance with 10:90-2.9 as "employable," shall be redetermined at least every six months. WFNJ/GA cases, which are designated in accordance with 10:90-2.9 as "unemployable" due to age, or a permanent disability as evidenced by a WFNJ/MED-1 certifying a disability for a period of 12 months, shall be redetermined at least every 12 months. All WFNJ/GA recipients who are designated as "unemployable" for any reason other than those listed above shall be redetermined at least every six months. A monthly review of eligibility may also be conducted in accordance with (a)2i below.

i. The eligibility of each WFNJ/GA case may be reviewed at least once each calendar month. The Form WFNJ/GA-19, Authorization and Case Review Card, shall be utilized during the review. This review provides an opportunity for the agency administering the WFNJ/GA program to evaluate any change in the client's circumstances or income and make appropriate adjustments on Form WFNJ/GA-19 in the amount of assistance to be granted.

ii. The CWA/MWA shall maintain appropriate documentation to substantiate the "unemployable" status of an individual for each month in the 12-month redetermination period.

(b) WFNJ recipients shall be personally interviewed by the WFNJ worker regarding the application for continuation of assistance. The WFNJ worker shall assist the recipient as necessary. If the recipient cannot read, the contents of the form shall be read to the recipient. Upon request, the recipient will be given a copy of his or her executed application form, with any attachments. Signature requirements shall be the same as for initial application. The contact shall focus on a discussion of the eligibility factors which are subject to change (with special attention being given to any change in residence which may affect county/municipal responsibility and age of the youngest child and school attendance) and shall include information about any change in agency policy or procedure which affects the recipient's status or his or her assistance payment. There will also be a reevaluation of the recipient's need for social services. When the recipient is represented by a protective payee or has a representative payee (see 10:90-3.23 ), such person shall also be interviewed. A summary report including all pertinent information shall be made by the WFNJ worker for each contact with the recipient and any collateral sources.

(c) When there is a substantial question of continuing WFNJ eligibility to be resolved, the monthly assistance benefit may be suspended, subject to timely and adequate notice provisions at N.J.A.C. 10:90-9, for a period of up to three months.

1. If a determination is made to reinstate benefits, the county or municipal agency shall give adequate notice to the recipient and the monthly assistance benefit shall be retroactive to the time of suspension, adjusted to reflect any change in circumstances which may have occurred during the suspension period.

2. If a determination is made to terminate WFNJ assistance, the county or municipal agency shall give timely and adequate notice of the impending adverse action to the recipient.

N.J. Admin. Code § 10:90-3.22

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 N.J.R. 3971(b), 30 N.J.R. 389(a).
Amended by R.2011 d.078, effective 3/7/2011.
See: 42 N.J.R. 2561(b), 43 N.J.R. 630(a).
In (a)1, substituted "12" for "six"; added (a)1i; rewrote the introductory paragraph of (a)2; and added (a)2ii.