Current through Register Vol. 56, No. 18, September 16, 2024
(a) The
CWA shall disregard from the earned income of each employed individual in the
eligible family, the first $ 90.00 of such earnings to cover work-related
expenses including, but not limited to, transportation and mandatory payroll
deductions.
(b) The CWA shall
disregard from the total earned income not already disregarded, an amount equal
to the difference between 133 percent of the Federal poverty level (see 42 CFR
9902(2)) and the Income Standard established for the size of the family unit,
in accordance with the chart at
N.J.A.C.
10:69-10.3(b) as follows:
1. For beneficiaries eligible on and after
June 15, 2002, regardless of date of application; and
2. For applicants who apply on and before
June 14, 2002 with a disposition pending.
(c) For applications received on and after
June 15, 2002, the CWA shall disregard from the total earned income not already
disregarded, the first $ 30.00 and one-third of the remainder for each employed
individual.
1. This disregard shall apply to
the earned income of a person for a period of four consecutive months. Once
this disregard has applied for a four consecutive month period, it shall not
again be applied on behalf of that individual as long as he or she continues to
receive AFDC-related Medicaid expansion as described in (b) above. If, after
receiving this disregard for a four-month period, the individual becomes
ineligible for AFDC-related Medicaid or Medicaid expansion, this disregard
shall not be applied to this or her income unless the individual has remained
ineligible for AFDC-related Medicaid or Medicaid expansion for a period of 12
consecutive months.
2. For any
month in which any part of the $ 30.00 and one-third disregard is applied, that
month shall be counted as one of the four consecutive months of
disregard.
3. Any month for which
the individual loses the $ 30.00 and one-third disregard because of a provision
in (e) below shall be considered as one of the four consecutive
months.
4. For a period not
exceeding eight months from the end of the four consecutive months of the $
30.00 plus one-third of the remainder disregard, a deduction of the first $
30.00 of the remaining income shall be applied.
i. Upon expiration of the eight-month period
this deduction shall not be applied again so long as the wage earner is a
beneficiary of AFDC-related Medicaid or Medicaid expansion. This deduction
shall again be applied after the eight-month period only after the wage earner
has not been a beneficiary of AFDC Medicaid or Medicaid expansion for a period
of 12 consecutive months.
5. When an AFDC-related family loses
eligibility for AFDC-related Medicaid, due to the following reasons, the
disregard in (b) above shall apply:
i.
Earnings or increased earnings from employment, including earnings from new
employment;
ii. Expiration of the $
30.00 or one-third disregards of earned income because of the time-limited
application of those disregards; or
iii. Increased hours of employment.
(d) The CWA shall
disregard from the remaining earned income, the actual costs paid for child
care or for care of an incapacitated individual in the same home as the AFDC-C
or-F eligible family when the circumstances described at (d)1 through 4 below
exist. The amount of the disregard shall not exceed the limits as follows.
1. $ 175.00 per month, per child age two or
older, or incapacitated adult, for full-time employment;
2. $ 200.00 per month, per child under age
two, for full-time employment;
3. $
135.00 per month, per child age two or older, or incapacitated adult, for
part-time employment; and
4. $
150.00 per month, per child under age two, for part-time employment.
(e) None of the disregards above
shall apply to the earned income of the individual for any month which one of
the following conditions apply to him or her:
1. His or her employment is terminated or his
or her earned income is reduced without good cause within 30 days prior to that
month.
i. Good cause includes the following
circumstances:
(1) The termination or
reduction is not voluntary;
(2) The
wages of employment are below the applicable minimum wage;
(3) The individual is not physically able to
engage in the employment;
(4) The
employment constitutes a risk to health or safety; or
(5) The applicant voluntarily requested
AFDC-related Medicaid be terminated for the primary purpose of avoiding the
receipt of the $ 30.00 and one-third disregard for four consecutive
months.
(f) The earned income disregard of a
full-time or part-time student is described in
10:69-10.15.
(g) None of the disregards above in this
section shall apply to the earned income of the individual for any month in
which one of the following conditions apply to him or her:
1. The individual terminated his or her
employment or reduced his or her earned income without good cause within 30
days prior to that month.
i. Good cause
includes the following circumstances:
(1) The
termination or reduction is not voluntary;
(2) The wages of employment are below the
applicable minimum wage;
(3) The
individual is not physically able to engage in the employment; and
(4) The employment constitutes a risk to
health or safety.
2. The individual refused without good cause,
within 30 days prior to that month, to accept employment in which he or she is
able to engage which is offered through the State Division of Employment
Security or any other bona fide offer of employment. The good cause provisions
of (f)1i above apply.
3. The
individual voluntarily requested AFDC-related Medicaid program coverage to be
terminated for the primary purpose of avoiding the receipt of the $ 30.00 and
one-third disregard for four consecutive months.
