N.J. Admin. Code § 10:90-8.5

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10:90-8.5 - Authorization of payment

(a) Funeral services and cemetery costs shall be separated and paid separately. Funeral directors shall complete and submit Form WFNJ-11M, Affidavit and Petition for Payment Mortuary, to the county or municipal agency to receive payment. Cemetery representatives shall complete and submit Form WFNJ-11C, Affidavit and Petition for Payment Cemetery, to the county or municipal agency to receive payment. The total maximum allowances for a decedent is the sum of the applicable funeral allowance and cemetery allowance pursuant to (a)1, 2, 3, and 4 below.

1. The allowance for funeral services, exclusive of cemetery costs are, as follows:

i. The funeral allowance for an adult, which shall apply to decedents two years of age and older, is the total amount charged or $ 3,056, whichever is less;

ii. The funeral allowance for a stillborn birth up to six days old is the total amount charged or $ 1,933, whichever is less; and

iii. The funeral allowance for a one-week through 23-month-old child is the total amount charged or $ 2,494, whichever is less.

2. The allowance for cemetery costs, exclusive of funeral services are, as follows:

i. The cemetery allowance for an adult, which shall apply to decedents two years of age and older, is the sum of all cemetery charges or $ 714.00, whichever is less;

ii. The cemetery allowance for a stillborn birth up to six days old is the sum of all cemetery charges or $ 452.00, whichever is less; and

iii. The cemetery allowance for a one-week through 23-month-old child is the sum of all cemetery charges or $ 583.00, whichever is less.

3. If the decedent is cremated, then purchase of an urn is a permissible expense and charged to the funeral allowance. When a ground burial is made of the decedent's remains, the cemetery allowance also applies. Crematory charges and burial of the urn are permissible expenses and charged to the cemetery allowance.

4. If the eligible decedent has chosen to donate their body for medical education and research, then payments may be authorized for transportation costs which shall not exceed the total maximum allowances, as listed at (a)1 and 2 above.

(b) The payment to be made shall not exceed the maximum allowable rate for funerals and cemetery costs, as delineated at (a) above. The value of any prepaid funeral contract on record shall reduce, dollar for dollar, the funeral and burial allowance. Contributions from next of kin and interested parties up to $ 785.00 for a stillborn to six days old, $ 1,178 for one week through 23 months old, and $ 1,570 for two years old to adult shall be excluded. Amounts exceeding those listed shall be counted in determining the amount to be paid by the agency. The contributor shall designate the contribution, up to the maximum allowed, as the contributor allocates, either to defray the funeral expenses or cemetery costs.

1. After a funeral and cemetery claim is determined eligible for payment based on N.J.A.C. 10:90-8.2(a), the county and municipal agency shall forward a list of the decedent's assets, and resources as identified in N.J.A.C. 10:90-8.4(c), to DFD who will be responsible for pursuing reimbursement from those assets and resources.

(c) Payment for funeral and cemetery claims shall be made first from any funds received by or designated for the county or municipal agency pursuant to these regulations from or on behalf of the decedent and secondly, if necessary, from assistance funds.

N.J. Admin. Code § 10:90-8.5

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.2003 d.226, effective 6/16/2003.
See: 34 N.J.R. 2713(a), 35 N.J.R. 2670(a).
In (a), rewrote the introductory paragraph; in (b), added the last sentence in the introductory paragraph and added 1; added (d).
Administrative correction.
See: 35 N.J.R. 5420(a).
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), added the first sentence, substituted "Crematory charges" for "Cremation" at the beginning of the sixth sentence and "cemetery" for "burial" before "allowance" in the sixth sentence.
Amended by R.2007 d.302, effective 10/1/2007.
See: 39 N.J.R. 2183(a), 39 N.J.R. 4126(a).
In the introductory paragraph of (a), inserted the second sentence; deleted (a)1; in (b), substituted "allowance of $ 1,970 for funerals and $ 460.00 for cemetery costs. The value of any prepaid funeral contract on record shall reduce, dollar for dollar, the funeral and burial allowance" for "of allowances as reduced by the combined resources of the decedent"; added (b)1; in (c), substituted "Payment for funeral and cemetery claims" for "Payments"; and deleted (d).
Amended by R.2008 d.297, effective 10/6/2008.
See: 40 N.J.R. 1735(a), 40 N.J.R. 5808(a).
Rewrote (a) and the introductory paragraph of (b).

Amended by 56 N.J.R. 486(a) effective 4/1/2024