New Jersey Administrative Code

Notes N.J. Admin. Code § 10:90-16.7 Amended by R.1998 d.42, effective 1/20/1998. See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a). Repealed by R.2003 d.226, effective 6/16/2003. See: 34 New Jersey Register 2713(a), 35 New Jersey Register 2670(a). Section was "In…

Notes N.J. Admin. Code § 10:90-16.8 Amended by R.1998 d.42, effective 1/20/1998. See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a). Repealed by R.2003 d.226, effective 6/16/2003. See: 34 New Jersey Register 2713(a), 35 New Jersey Register 2670(a). Section was "Ac…

Notes N.J. Admin. Code § 10:90-16.9 Repealed by R.2003 d.226, effective 6/16/2003. See: 34 New Jersey Register 2713(a), 35 New Jersey Register 2670(a). Section was "County payment of fees for services".

(a) Consistent with the policy of the WFNJ program that seeking and accepting employment is a critical element of the program and is one of the primary requirements for receipt of cash assistance as outlined in N.J.A.C. 10:90-1.1(d), a program entitled "Early Employment Initiativ…

(a) When it has been confirmed that EEI slots are available, the county WFNJ agency shall, during the WFNJ application interview, determine whether or not the WFNJ/TANF adult applicant(s) meets the eligibility criteria for mandatory participation in the EEI. More than one adult p…

(a) For those WFNJ adult applicants who meet EEI eligibility criteria at N.J.A.C. 10:90-17.2(a) or (b), participation in the EEI shall be mandatory and non-cooperation shall result in denial of the WFNJ cash assistance application for both the applicant and the applicant's entire…

(a) Based on P.L. 1997, c. 14 (Work First New Jersey Act), approved January 29, 1997 and P.L. 1999, c. 427, approved January 18, 2000, the WFNJ Substance Abuse Initiative (SAI) is established to help promote the goals of the WFNJ program, to move WFNJ recipients from dependency o…

(a) WFNJ recipients who may be referred for voluntary participation in the SAI, include, but are not limited to, the following: 1. WFNJ TANF/GA recipients who are pregnant and choose to voluntarily participate in the SAI beyond the third trimester, when the recipient is otherwise…

(a) For WFNJ applicants/recipients subject to mandatory participation in the SAI, the following shall apply: 1. Substance abuse treatment, as determined clinically appropriate by the CCC, shall be mandatory for WFNJ TANF/GA applicants/recipients identified at N.J.A.C. 10:90-18.2(…

For WFNJ recipients subject to mandatory participation in the SAI, failure to comply with the completion and signing of the required SAI forms, the substance abuse assessment and/or the requirements of the treatment plan, including biological testing if appropriate, and follow-up…

(a) WFNJ recipients are eligible for continued substance abuse treatment as follows: 1. WFNJ/GA recipients are eligible for continued treatment for a period of six months from the date the WFNJ/GA case is closed due to earnings; and 2. WFNJ/TANF recipients are eligible for contin…

(a) The following convicted drug felons may establish eligibility for WFNJ TANF/GA cash assistance benefits and/or NJ SNAP program benefits: 1. A person convicted on or after August 22, 1996 under Federal or State law of any offense which occurred on or after August 22, 1996 whic…

(a) The responsibilities of the CCC are to: 1. Notify the WFNJ agency worker, through a liaison, within 24 hours of the scheduled assessment of a WFNJ recipient; 2. Conduct the assessment and provide the WFNJ agency worker with the individual's status as to assessment, treatment …

(a) The responsibilities of the county and/or municipal WFNJ agencies are to: 1. Refer eligible WFNJ recipients for participation in the SAI; 2. Perform system updates; 3. Provide transportation; 4. Provide supportive services; and 5. Notify the CCC immediately when the SAI parti…

WFNJ recipients have a right to a fair hearing on any adverse action in accordance with the provisions at N.J.A.C. 10:90-9. Notes N.J. Admin. Code § 10:90-18.9

(a) Based on P.L. 2001, c. 250, the Kinship Care Subsidy Program (KCSP) is being established. The KCSP involves providing monthly cash subsidies for children residing with low income individuals, known as kinship legal guardians, who take responsibility for raising a child whose …

(a) "Kinship legal guardianship" is defined as a caregiver who is willing to assume care of a child due to parental incapacitation, with the intent to raise the child to adulthood, and who is appointed the kinship legal guardian of the child by the court pursuant to P.L. 2001, c.…

(a) When it has been confirmed that kinship legal guardianship has been granted, eligibility for KCSP participation shall be approved if the kinship legal guardian's family income is less than or equal to 150 percent of the FPL and funds are available. (b) Based upon the total gr…

The Kinship Care subsidies shall be administered through the CWAs. The kinship legal guardian must apply for the KCSP in order to receive the kinship subsidy benefit for the child. All kinship legal guardians are considered the "payee" for a related child in his or her care when …

(a) A calculation utilizing WFNJ/TANF income definitions will be performed by the CWA to determine the amount of the kinship subsidy. Any countable income (see N.J.A.C. 10:90-3.9) the child receives shall be considered and will reduce the subsidy benefit. If there is more than on…

(a) Although a child who is eligible to receive the kinship subsidy is not a member of the assistance unit for purposes of receipt of WFNJ cash assistance, the child is considered a member of the WFNJ/TANF assistance unit for all benefits and support services. These include, but …

(a) This subchapter describes those Work First New Jersey (WFNJ) program eligibility factors, other than financial, which must be considered in making eligibility determinations. (b) Eligibility for WFNJ is based upon certain criteria including, but not limited to, age, relations…

(a) Only those persons who are United States citizens, or eligible aliens shall be eligible for WFNJ TANF/GA benefits. In addition, for WFNJ/GA eligibility purposes only, those persons permanently residing in the United States under color of law as of August 21, 1996 are consider…

(a) WFNJ/TANF residency requirements are as follows: 1. The law requires that an applicant for or recipient of WFNJ/TANF assistance shall reside in New Jersey. Any person who responds affirmatively to the question on the application "Do you plan to continue living in New Jersey?"…

(a) Residence in a county or municipality is not an eligibility requirement. A county or municipality of residence is necessary to identify which county/municipal agency is legally responsible for receipt, registration and processing an application and for issuance of payment, bu…

(a) The county/municipal agency may, with the approval of the DFD, continue assistance payments to recipients who leave the State under specified conditions, such as, but not limited to, the need to provide temporary care to a sick or elderly relative when no one else is availabl…

(a) Eligibility for WFNJ/TANF may exist during the absence of a child from the home under the circumstances described in N.J.A.C. 10:90-2.15 and 2.16. 1. A parent or needy caretaker relative who fails to notify the county agency of the absence of the minor child from the home by …

(a) When a child who would be otherwise eligible for WFNJ is out of the home due to voluntary/involuntary placement in an institution, he or she shall be recognized as a member of the assistance unit so long as it is anticipated that he or she will return home within one year fro…

(a) Temporary absence of a child which has not lasted more than 30 consecutive days does not affect eligibility. When the absence of a child lasts longer than 30 days, or it appears that an absence will last longer than 30 days, the county agency shall review the situation and ta…

(a) Minor parents (applicants/recipients who are less than 18 years of age, never married, are the natural parents of the dependent child and are caring for the dependent child) shall be required, as a condition of eligibility for benefits for the applicant or recipient and the a…

Notes N.J. Admin. Code § 10:90-2.18 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)1, substituted "full months" for "months"; added (a)4i to (a)4ii; and in (a)8i, cited (a)8i(1). Amended by R.2003 d.226, effective 6/16/2003. See: 34 N…

An adult assistance unit member shall be determined ineligible for cash assistance if he or she refuses to cooperate in a State Quality Assurance review. If an adult assistance unit member is deleted for refusal to cooperate, without good cause, with a Quality Assurance review, s…

(a) An applicant/recipient, as a condition of eligibility for WFNJ TANF/GA benefits, shall, subject to good cause exceptions, be required to do the following: 1. Cooperate with child support by identifying his or her child(ren), providing specific information regarding the noncus…

(a) The Supportive Assistance for Individuals and Families (SAIF) Program shall provide intensive case management (ICM) at 48 months for Work First New Jersey (WFNJ) recipients who have complied with WFNJ requirements and have not become self-sufficient and who do not appear to b…

(a) Effective April 2, 1997, eligibility for cash assistance benefits shall be limited to a lifetime total of 60 cumulative months for an adult individual recipient, except as otherwise provided in this subsection, whether the assistance was received in the WFNJ/TANF component, t…

(a) A WFNJ TANF/GA recipient shall be exempted from the 60-cumulative-month time limit if the recipient is: 1. Sixty years of age or older; 2. One parent, in a two-parent family or a caretaker relative of a disabled child or other disabled dependent who must provide full-time car…

(a) A recipient shall receive an extension of no more than 12 cumulative months beyond the 60 cumulative month time limit, to be granted in increments that shall not exceed six months, if the recipient meets one of the following criteria: 1. The recipient or the recipient's depen…

(a) Certain WFNJ program requirements shall be waived for those recipients who have been screened and identified through an affidavit as victims of family violence, rape, or incest and assessed by the victim service provider agency (see N.J.A.C. 10:90-20). The program requirement…

(a) Composition of the eligible WFNJ/TANF assistance unit is as follows: 1. An eligible assistance unit under WFNJ/TANF shall be comprised of those individuals who are living together and functioning as one economic unit and whose relationship is based upon a blood and/or legal r…

(a) The following persons shall not be eligible for assistance and shall not be considered to be members of the WFNJ/TANF or WFNJ/GA assistance units: 1. Non-needy caretakers, except that the eligibility of a dependent child shall not be affected by the income or resources of a n…

(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 belo…

(a) Based on P.L. 1997, c. 13, c.14, c.37, and c.38 (Work First New Jersey Act), approved January 29, 1997; the Personal Responsibility and Work Opportunity Act (PRWORA) of 1996; and the final Federal Temporary Assistance for Needy Families (TANF) regulations, issued on April 12,…

(a) Any applicant/recipient of any program administered by the CWA/MWA who self-discloses past or present family violence concerns or risk of family violence and does not request a WFNJ FVO Waiver, or an employee of the CWA/MWA who self-discloses family violence, shall be offered…

(a) The responsibility of the CWA FVO representative or designated MWA worker for WFNJ TANF/GA individuals is as set forth in (a)1 and 2 below. The representative shall: 1. Explain the WFNJ FVO Waiver process and the choices available to the individual, under the WFNJ FVO Initiat…

(a) The responsibility of the designated victim service provider agency, under the WFNJ FVO Initiative, for WFNJ TANF/GA individuals, who have requested a WFNJ FVO Waiver, is as set forth in (a)1 through 4 below. The program shall: 1. Complete the required standardized WFNJ FVO R…

WFNJ applicants/recipients have a right to a fair hearing on any adverse action in accordance with the provisions at N.J.A.C. 10:90-9. Notes N.J. Admin. Code § 10:90-20.13

(a) Each CWA/MWA shall provide every WFNJ TANF/GA applicant/recipient with the following: 1. Basic written and oral information about the WFNJ FVO Initiative; and 2. Information regarding the WFNJ TANF/GA applicant's/recipient's right to request a WFNJ FVO Waiver of one or more W…