New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 46D - CONTRIBUTION TO CARE AND MAINTENANCE REQUIREMENTS
Subchapter 3 - TREASURY FORMULA-DDD
Section 10:46D-3.1 - DDD Formula A-DDD(A) for persons over age 18
Current through Register Vol. 56, No. 6, March 18, 2024
(a) Individuals over age 18 without financial dependents who have unearned income shall contribute in accordance with the following Treasury Formula-DDD(A):
(b) Seventy-five percent of the disposable monthly income shall be contributed to the cost of care and maintenance. If the monthly contribution is less than $ 20.00, the contribution shall be waived.
(c) The individual or his or her representative payee is responsible to keep his or her accumulated funds under $ 2,000 to ensure continued eligibility for the Medicaid DDD Community Care Waiver benefits.
(d) Where an individual is required to contribute to a HUD rental, or otherwise pays directly for his or her housing costs as indicated in the Division's contract with the provider agency, that amount shall be deducted from the amount contributed to the cost of care and maintenance.
(e) A one-time allowance of up to $ 2,000 may be deducted from the contribution for the cost associated with the appointment of a private guardian. A copy of the court order shall be provided to the Division by the guardian, once the guardian has been appointed. If, for any reason, any part of the allowance is not used for the appointment of a guardian, the unused amount of the allowance may be collected in one sum at a time established by the Division.
(f) The individual may utilize up to six percent of his or her total gross annual income for the provision of private guardianship without court order. The six percent may be exceeded under court order for an additional percentage. This expense shall not be permitted where the Division provides guardianship through the Bureau of Guardianship Services.
(g) Any request to retain funds beyond 25 percent shall be based exclusively on the following circumstances. The request to retain additional funds shall be made to the case manager, be reviewed by the IDT team and approved by the assigned State business office. Retention of additional funds is subject to the annual reassessment. The individual or representative payee shall provide verification of the extraordinary need which shall be limited to the following circumstances:
(h) All earnings from employment below minimum wage shall be exempt from determining an individual's available income and shall not be considered part of the individual's disposable income. Contributions to the cost of care and maintenance from employment earnings at or above minimum wage shall be computed similar to the way in which the Social Security Administration counts earned income for Supplemental Security Income purposes. Contributions shall be determined as follows:
(i) The individual or his or her representative payee may utilize the funds from earned income as he or she determines appropriate, however, he or she is responsible to maintain continued eligibility for the Medicaid DDD Community Care Waiver benefits.