New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 69 - AFDC-RELATED MEDICAID
Subchapter 10 - INCOME
Section 10:69-10.22 - Exempt income
Universal Citation: NJ Admin Code 10:69-10.22
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Exempt income shall not be considered in determining eligibility for AFDC-related Medicaid program.
(b) Income shall be exempted as follows:
1. Income tax refunds, including Homestead
Property Tax Rebates;
2. Earned
income credit (EIC) payments shall be excluded;
3. Payments for child care (see
N.J.A.C.
10:69-10.13);
4. Child care payments for "special
circumstance" children and transportation or the cost of transportation, which
is not available from any other source, to transport the "special circumstance"
child to and from the child care site when it is essential for the child's
physical health and safety;
5.
Supplemental aid by other agencies or organizations, whether public or private,
provided that:
i. There is no duplication
between such aid and the TANF grant;
ii. Such aid is for a special purpose not
within the function of the public assistance agency (for example, vocational
rehabilitation); or
iii. Such aid
is to any undergraduate student for educational purposes;
6. Any income received through the Subsidized
Adoption Program of the Division of Youth and Family Services pursuant to
N.J.S.A.
30:4C-45 through 49 ( P.L. 1973, c.
81);
7. Funds received by
applicants and beneficiaries through certain Federal programs shall be regarded
as exempt income.
i. Benefits or assistance
received through the WIC program (Special Supplemental Food program for Women,
Infants and Children) and the special food services program for children under
the National School Lunch Act as amended by Public Laws 92-433 and
93-150;
ii. Benefits received under
Title VII, Nutrition Program for the Elderly, of the Older Americans Act of
1965;
iii. Payments made through
Service Corps of Retired Executives (SCORE), Active Corps of Executives (ACE),
and payments made under Title I of P.L. 93-113 (for example, Volunteers in
Service to America (VISTA));
iv.
Payments received under the Experimental Housing Assistance Program (EHAP) made
under annual contribution's contracts entered into prior to January 1, 1975,
under Section 23 of the U.S. Housing Act of 1937;
v. Payments made through the United States
Department of Housing and Urban Development (HUD) Section 8, Rental Assistance
Program (RAP), which provides funds to certain disabled individuals and low
income families to assist them in meeting shelter costs;
vi. HUD community development block grant
funds under Title I of the Housing and Community Development Act of
1974;
vii. Benefits received by
eligible households under the Low Income Home Energy Assistance Act of 1981
pursuant to section 2605(f) of Public Law 97-35;
8. The value farm and garden products raised
by the eligible unit for its own use is not considered income;
9. Activity support payments and one time
lump sum payments associated with participation in the Early Employment
Initiative (EEI) program, as set forth in
N.J.A.C.
10:90-17.3; and
10. Wages paid by the U.S. Census Bureau for
temporary employment related to Census 2000 activities.
(c) Occasional nonrecurring gifts and contributions of nominal amount or value, such as those for birthdays, graduations, Christmas or other holidays, to the extent the value does not exceed an average of $ 30.00 per beneficiary in any calendar quarter, are considered exempt income.
1. In cases where
such gifts and contributions exceed an average of $ 30.00 per beneficiary in
any calendar quarter, that excess shall be counted as unearned
income.
2. In determining value, a
gift received by one member of the eligible unit but intended for the entire
eligible unit may be allocated among the eligible unit members in the way most
advantageous to the entire unit.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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