New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 69 - AFDC-RELATED MEDICAID
Subchapter 10 - INCOME
Section 10:69-10.39 - Calculation of contributions of legally responsible relatives
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The CWA shall determine what contribution, whether in cash or kind, the relative is currently contributing or is willing to contribute toward the support of the eligibility unit.
(b) It shall be recognized that a person's obligation to support those relatives for whom he or she is legally responsible takes precedence over any voluntary preference on his or her part to support relatives or other persons for whom he or she is not legally responsible, except as provided in 10:69-10.40.
(c) When a relative is legally responsible for all members of an eligible unit, this LRR's financial capacity to support shall be considered as a resource to the eligible unit as a whole.
(d) The eligible unit ceases to be eligible for AFDC-related Medicaid when the amount of the LRR's evaluated capacity to support equals or exceeds the income eligibility standards and this support is actually available to the eligible unit.
(e) Where it is determined that an LRR does not have a capacity to contribute to support, any cash contribution which he or she voluntarily makes on a regular basis is recognized as unearned income.
(f) The CWA IV-D unit shall determine the capacity of an absent parent to support his or her dependent children.