N.J. Admin. Code § 10:90-4.18
Current through Register Vol. 56, No. 11, June 3, 2024
Section 10:90-4.18 - Intent to comply(a) Anytime prior to the end of the sanction period, the individual(s) in noncompliance may indicate his or her intent to comply by notifying the county or municipal agency, as appropriate, accordingly. The reduction in cash assistance, however, shall remain in effect for the minimum time period of the sanction. Although a sanctioned individual is required to demonstrate an intent to comply for up to two weeks to reinstate cash assistance benefits and stop the progression of the sanction penalty, any recurrence of non-compliance during the sanction period shall result in the sanction proceeding as scheduled. The sanction period is defined as the three-month timeframe that begins the first day of the month the pro-rata sanction is scheduled, and ends the last day of the scheduled closure month. The individual in noncompliance shall be required to demonstrate willingness to cooperate with and/or participate in the WFNJ work requirements as follows: 1. The WFNJ individual shall agree to comply with either the activity in which he or she was previously engaged or another activity, which is determined appropriate for that individual. In order to demonstrate willingness to comply, the individual shall participate for a period of up to two weeks as determined by the county or municipal agency or the One-Stop Career Center, as appropriate, based on the particular requirement to be satisfied and individual case circumstances. Any recurrence of non-compliance during the three-month sanction period shall result in the sanction proceeding as scheduled. i. In no event shall an intent to comply period be waived due to the unavailability of appropriate activities. In such instances, individuals may be assigned to an individual job search or community work experience activity to demonstrate an intent to comply.ii. An intent to comply period of up to two weeks shall not be required when compliance by the individual only requires the completion or signing of the IRP or any other specified document. If the specified activity can be completed in less time than the two week intent to comply period, such as the completion of a CSA, then the period shall be no longer than the period required to complete such activity.iii. An intent to comply period of up to two weeks shall not be required of an individual currently serving a minimum penalty period who secures employment for a minimum of 25 hours per week. That individual shall be required to secure increased hours of work or attend an additional activity(ies) to meet hourly participation requirements or the sanction shall proceed as scheduled.2. If the individual fails to participate, as designated, during the intent to comply period, the sanction shall proceed as scheduled.3. When the county or municipal agency or the One-Stop Career Center, as appropriate, determines that the intent to comply has been satisfied, the county or municipal agency shall take action to lift the sanction and to calculate the cash assistance payment for the assistance unit from the date the minimum sanction penalty ended.4. During the intent to comply period, the WFNJ individual shall be eligible for supportive services including child care, if appropriate, which the agency determines are necessary for participation.(b) When there is evidence that substance abuse directly contributed to an individual's noncompliance with an assigned WFNJ work activity and that individual indicates an intent to comply, a referral to the Substance Abuse Initiative (SAI) Clinical Care Coordinator (CCC) for assessment shall be offered (see N.J.A.C. 10:90-18 ).1. If the SAI CCC determines that treatment is needed, the individual shall comply with an assigned treatment program for a period of two weeks to show an intent to comply.2. If the SAI CCC determines that the individual does not need treatment, the intent to comply period shall have been met.(c) A case that closed due to a sanction for non-cooperation that is now employed may be eligible for post-TANF benefits (see 10:90-4.5 ).(d) The intent to comply process shall be implemented in the following manner for open cash assistance cases. 1. If the recipient contacts the case manager after the 10-day adverse action period is over but before a sanction is imposed and good cause exists for not participating, the per-capita sanction shall not be imposed.2. If the recipient contacts the case manager after the 10-day adverse action period is over but before a sanction is imposed and good cause does not exist for the noncompliance but the recipient demonstrates an intent to comply, assistance shall be granted for the month following the one-month pro-rata sanction.3. If the recipient contacts the case manager after the pro-rata sanction is imposed and good cause exists for not participating, the pro-rata reduction shall be restored.4. If the recipient contacts the case manager after the pro-rata sanction is imposed and good cause does not exist for the noncompliance but the recipient demonstrates an intent to comply, assistance shall be granted for the month following the pro-rata sanction.5. If the recipient contacts the case manager after the suspension sanction is imposed and good cause exists for not participating, assistance shall be restored.6. If the recipient contacts the case manager after the suspension sanction is imposed and good cause does not exist for the noncompliance but the recipient demonstrates an intent to comply, assistance shall be granted for the month following the suspension sanction.(e) The intent to comply process shall be implemented in the following manner for closed cash assistance cases. 1. If an individual reapplies after being closed due to sanction status the agency shall determine if good cause for the nonparticipation exists, and if not, the individual shall be required to demonstrate an intent to comply prior to the issuance of cash assistance. i. If good cause does not exist or an intent to comply is not demonstrated within the assigned time period, the WFNJ application for cash assistance shall be denied.ii. If good cause is found to exist for the period of nonparticipation, assistance shall be restored for the sanction period.2. An individual that reapplies after being closed for reasons other than sanction, following the issuance of an adverse action notice but prior to an imposition of a sanction, shall not be sanctioned but shall be required to show an intent to comply or have good cause for not participating in the activity. i. If good cause is not found to exist or an intent to comply is not demonstrated within the assigned time period, the WFNJ application for cash assistance shall be denied.3. An individual that reapplies after being closed for reasons other than sanction during an imposed minimum sanction penalty period shall satisfy the previous sanction obligation and show an intent to comply or have good cause for not participating in the activity in order to be determined eligible for WFNJ cash benefits. i. If good cause is not found to exist or an intent to comply is not demonstrated within the assigned time period, the WFNJ application for cash assistance shall be denied.ii. If good cause is found to exist for the nonparticipation, assistance shall be restored for the sanction period.4. If an individual reapplies for WFNJ assistance who requests or who otherwise may be eligible for a deferral, no determination of good cause or demonstration of an intent to comply shall be required during the time necessary to determine if the individual is eligible for a deferral and cash assistance shall be provided regardless of the sanction. Within 30 days, the applicant must provide a completed Med-1 form certifying that he or she is unable to participate in a WFNJ work activity. If the completed Med-1 form is not returned within 30 days and good cause does not exist, the WFNJ application for cash assistance shall be denied. Once the deferral is lifted, the individual must be assigned to an appropriate work activity.5. If an individual who is in immediate need reapplies for cash assistance benefits, the immediate need shall be met prior to a determination of good cause or a demonstrated intent to comply. If an individual who is in need of emergency assistance reapplies for cash assistance benefits, and the emergency assistance case manager has deferred the individual's initial work activity participation requirement, the individual shall not be required to demonstrate an intent to comply until the emergency assistance work activity deferral is lifted. Once the emergency assistance work activity deferral is lifted, if an intent to comply is not demonstrated within the assigned time period, the WFNJ cash assistance case shall be terminated.N.J. Admin. Code § 10:90-4.18
Amended by R.1998 d.42, effective 1/20/1998.
See: 29 N.J.R. 3971(b), 30 N.J.R. 389(a).
Recodified from N.J.A.C. 10:90-4.13 and amended by R.2003 d.226, effective 6/16/2003.
See: 34 N.J.R. 2713(a), 35 N.J.R. 2670(a).
Rewrote the section.
Special amendment, R.2008 d.182, effective 6/3/2008.
See: 40 N.J.R. 4232(a).
In the introductory paragraph of (a), deleted "applicable" preceding "sanction period"; deleted "for that level" following "time period", inserted "the" following "of" in the second sentence, and inserted the third and fourth sentences; in the introductory paragraph of (a)1, inserted a comma following the second occurrence of "activity", substituted "or the One-Stop Career Center" for "worker" and inserted the last sentence; in (a)1i, substituted "an intent to comply" for "compliance"; in (a)1iii, inserted "or the sanction shall proceed as scheduled"; rewrote (a)2; in (a)3, inserted "or the One-Stop Career Center" and "county or municipal" and substituted "minimum" for "applicable" and "penalty" for "period"; in (a)4, deleted "trial period of the" preceding "intent" and inserted "period"; deleted former (c) through (e); recodified former (f) as (c); and added new (d) and (e).