New Jersey Administrative Code

(a) When a WFNJ/TANF applicant/recipient requests a WFNJ FVO Waiver of one or more WFNJ/TANF program requirements (see N.J.A.C. 10:90-20.4), including a good cause exception from the child support requirements and requests for EA for reason of family violence, the individual shal…

(a) When a WFNJ/GA applicant/recipient requests a WFNJ FVO Waiver of one or more WFNJ/GA program requirement(s), including requests for EA for reason of family violence, the individual shall be granted a WFNJ FVO Waiver by the CWA/MWA. The appropriate WFNJ FVO forms shall be comp…

(a) The designated victim service provider agency in the county shall complete the required standardized WFNJ FVO Risk Assessment for WFNJ/TANF applicants/recipients in accordance with this section. 1. The designated victim service provider agency shall provide a WFNJ FVO Risk As…

(a) The designated victim service provider agency in the county shall complete the required standardized WFNJ FVO Risk Assessment for WFNJ/GA applicants/recipients in accordance with this section. 1. The designated victim service provider agency shall provide a WFNJ FVO Risk Asse…

(a) Benefits for recipients of WFNJ/TANF and WFNJ/GA shall be determined according to standards of countable income (earned and unearned) and countable resources. These standards shall take into account, for the determination of eligibility and provision of benefits, all income a…

(a) Resources are either countable or exempt. The provisions pertaining to exempt resources may be found at N.J.A.C. 10:90-3.20. (b) Resources are defined as all real and personal property, including bank accounts, which is within the control of one or more members of each eligib…

(a) All earned and unearned income shall be determined by using a prospective budgeting methodology. WFNJ eligibility and cash assistance benefit calculations shall be based on an estimate of the assistance unit's income, using income averaging and, other circumstances that will …

(a) Income of the spouse is considered available for the other spouse and income of a parent (natural or adoptive) is considered available for children under 18. If the spouse or parent is living with his or her spouse or children, respectively, income is considered available reg…

(a) When a needy stepparent is married to a natural or adoptive WFNJ recipient parent and is not the parent of any of the WFNJ children, the stepparent shall be included as a member of the eligible assistance unit, with all needs recognized and his or her income considered in det…

(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 a…

(a) The income and resources of an alien's sponsor shall be deemed to be unearned income and resources of an alien applying for WFNJ for a period of three years following the alien's entry into the United States. For purposes of deeming, a sponsor is an individual who executed an…

(a) A minor parent is an individual under the age of 18 who is himself or herself a parent of a dependent child. (b) Whether or not a minor parent lives in the same home as his or her own parent(s), the income of such parent(s) shall be deemed available to the eligible assistance…

(a) When an individual is purchasing a room and board living arrangement, the following shall apply: 1. When an individual who is in need of extensive personal services on a regular and continuous basis is purchasing a room and board living arrangement in a residential health car…

(a) Lump sum income includes, but is not limited to, payments in the nature of a windfall such as inheritances, lottery, casino, racetrack, and sports betting winnings, including online winnings; RSDI, Railroad Retirement, Veterans and Worker's Compensation retroactive awards; an…

(a) Exempt income is not considered in determining initial and continued eligibility for assistance or in computing the amount of WFNJ cash assistance payments; however, as part of the determination of eligibility for emergency assistance, the agency shall evaluate all potential …

(a) For the initial financial eligibility test, that is, in order to determine initial financial eligibility for assistance units applying for WFNJ/TANF as a new applicant, reapplicant or reopened case, all countable income available to the assistance unit shall be considered and…

(a) Exempt resources are not subject to any requirement for liquidation and are not considered in determining WFNJ eligibility or in determining the cash assistance benefit. In addition to the exempt income set forth at N.J.A.C. 10:90-3.19, the following resources shall be exempt…

(a) Overpayment means a financial assistance payment (including emergency assistance) received by or for an eligible assistance unit for the payment month(s) which exceeds the amount for which that unit was eligible. 1. The county or municipal agency shall seek recovery of all ov…

(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/munici…

(a) Payees in WFNJ are classified as designated payees, temporary payees, protective payees and representative payees (see (b) through (e) below). 1. In addition to the provisions allowing for payees under the WFNJ program, provisions are also included for situations which may wa…

(a) Schedule I below identifies the WFNJ/TANF initial maximum allowable income eligibility levels for the appropriate assistance unit size that shall be used for new applicant, reapplicant and reopened cases to determine initial financial eligibility for families with dependent c…

(a) For the initial financial eligibility test, that is, in order to determine initial financial eligibility for assistance units composed of employable single adults or couples without dependent children, who are applying for WFNJ/GA as a new applicant, reapplicant or reopened c…

(a) Schedule III below identifies the WFNJ/GA initial maximum allowable income eligibility levels for the appropriate assistance unit size that shall be used for new applicant, reapplicant, and reopened cases to determine initial financial eligibility for employable single adults…

(a) There is no separate initial income eligibility test for WFNJ/GA unemployable single adults and couples without dependent children. Instead, for unemployable assistance units who apply as a new applicant, re-applicant, or reopened case, the total countable income of the WFNJ/…

(a) The county or municipal agency shall prorate the initial cash assistance benefit or any other cash benefit that is issued for less than one month. The prorated benefit shall be determined by counting all income which has been received or which will be received in the month of…

(a) An earned income disregard shall not be applied in the initial financial eligibility determination for applicants who are employed. If financial eligibility exists, the appropriate disregard as set forth in (b) below shall be applied in computing the monthly cash assistance b…

(a) Income is either countable or exempt. The provisions pertaining to exempt income may be found at N.J.A.C. 10:90-3.19. (b) Income refers to earned or unearned and means, but is not limited to, child support, commissions, salaries, self-employed earnings, and spousal support pa…

(a) Each WFNJ adult recipient, teen parent, and 16 through 18 year old individual not attending school on a full time basis, unless specifically deferred or unless otherwise specified in this subchapter, shall cooperate with and participate in the WFNJ work requirements in accord…

(a) Deferrals from WFNJ work requirements shall be limited to: 1. Individuals age 62 or older; 2. Individuals who are unable to engage in regular work activities because they are chronically ill, infirm, or have a physical and/or mental disability or impairment which is expected …

(a) Good cause for failure to participate in WFNJ or refusal to accept or maintain employment shall be found if: 1. The mandatory WFNJ participant is certified by DFD to be physically or mentally unable to engage in an assigned WFNJ work requirement or to cooperate with a WFNJ pr…

Notes N.J. Admin. Code § 10:90-4.12 New Rule, R.2003 d.226, effective 6/16/2003. See: 34 N.J.R. 2713(a), 35 N.J.R. 2670(a). Former N.J.A.C. 10:90-4.12, Effective date of sanctions, recodified to N.J.A.C. 10:90-4.17. Special Adopted Repeal by R.2008 d.182, effective 6/3/2008. See:…

(a) The failure of a recipient to cooperate with the Work First New Jersey program or participate in work activities under the program without good cause shall result in a loss of cash assistance benefits in accordance with the provisions of this section. See N.J.A.C. 10:90-4.11 …

(a) An adult recipient who voluntarily quits a job, without good cause, shall render the entire assistance unit ineligible for WFNJ cash assistance benefits for a period of two months from the date the county agency or municipal agency, as appropriate, makes the determination tha…

(a) A sanction shall be removed or lifted when a sanctioned individual completes an assigned intent to comply period of attendance at an activity and the minimum time period for the sanction has expired.1. The agency shall remove/lift a sanction penalty temporarily when a deferra…

(a) The county agency or municipal agency, as appropriate, shall maintain a record of the number of sanctions which have accrued to an assistance unit. 1. When no member of the assistance unit has incurred a sanction of any kind for a continuous 12-month period, the county agency…

The sanction periods at N.J.A.C. 10:90-4.13 shall become effective on the first day of the first month after the decision is made to impose the sanction, subject to timely and adequate notice, as appropriate (see N.J.A.C. 10:90-9, Notices and Hearings in WFNJ). If the agency is n…

(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 min…

Any appeals resulting from action taken by the county or municipal agency, as appropriate, to impose sanctions for noncompliance with the WFNJ work requirements shall be handled in accordance with established procedures for fair hearings including eligibility for continued WFNJ b…

(a) All recipients, unless otherwise deferred, shall continuously and actively seek work and engage in job search. Recipients who are assessed to be job ready shall be placed in job search immediately. If no employment is found, they shall be reassessed, if appropriate and placed…

(a) A recipient who participates in a community work experience or alternative work experience shall be regarded as an employee of the State and the sponsor and shall be provided, by the State, with all compensation required and defenses and remedies available pursuant to chapter…

An individual whose case is in post 60-month extension or exemption status who continues to have a work requirement and fails to be in compliance with that requirement, without good cause, shall be subject to the WFNJ sanction process in accordance with provisions at N.J.A.C. 10:…

(a) Unsubsidized employment means employment in the private or public sector which is not subsidized in any way. (b) Supported employment is an employment activity tailored to meet the needs of those recipients who demonstrate serious barriers to employment (such as learning disa…

Notes N.J. Admin. Code § 10:90-4.4 Repealed by R.2009 d.202, effective 6/15/2009. See: 41 N.J.R. 364(a), 41 N.J.R. 2483(a). Section was "Satisfactory attendance".

(a) Participation by a recipient in CWEP or AWEP activity provided by a sponsor, pursuant to the Federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," P.L. 104-193, shall not be considered employment for any purpose, except that such participation sha…

(a) A recipient shall not be placed or utilized in a position at a particular workplace (including CWEP placements):1. That was previously filled by a regular employee if that position, or a substantially similar position at that workplace, has been made vacant through a demotion…

(a) An IRP Development Tool (IDT), which provides a participant screening and employability profile, shall be completed for each adult WFNJ/TANF recipient, teen parent and 16 through 18 year old individual not attending school on a full-time basis. The individual's relative emplo…

(a) An individual responsibility plan (IRP) shall be developed jointly by the county or municipal agency representative, as appropriate, and the WFNJ recipient, that is, all adult recipients, teen parents and 16 through 18 year old individuals not attending school on a full-time …