New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 69 - AFDC-RELATED MEDICAID
Subchapter 3 - ESTABLISHING PROGRAM ELIGIBILITY IN AFDC-RELATED MEDICAID
Section 10:69-3.31 - Legally responsible relatives (LRRs)
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Certain relatives are legally considered responsible to provide support if financially able and may be a source of income for an AFDC-related Medicaid applicant or beneficiary. The CWA shall determine the capacity of LRRs to contribute to the support of AFDC-related Medicaid applicants and beneficiaries.
(b) The CWA director is authorized under specified circumstances to apply to the appropriate court for a support order. In cases where a court order appears to be the only means of insuring consistent and actual support, the applicant/beneficiary may elect to receive from the CWA the grant for which he or she is eligible and request the CWA to collect the support payments (see N.J.A.C. 10:69-3.36) . The applicant shall be fully informed of these provisions and their impact:
AFDC-related Medicaid | |
Legally Responsible Relative | Program |
Spouse | X |
Child under age 55 | X |
Parent of a child under 18 or of a | X |
child over age 18 who is not an | |
AFDC-related Medicaid parent or | |
parent-person |
(c) All legally responsible relatives shall be contacted in completing the investigation:
(d) Legally responsible relatives shall be reevaluated at least once every 12 months. See 10:69-5.3 regarding reevaluation and situations in which contact need not be made.
(e) Priorities of obligations to support legally responsible relative are:
(f) The eligible unit shall not be eligible for AFDC-related Medicaid when the amount of the legally responsible relative's evaluated capacity to support equals or exceeds his or her adjusted allowance and this support is actually provided to the eligible unit.
(g) When it has been determined by judicial process that a child of an applicant for or beneficiary of AFDC-related Medicaid has been abandoned, deserted or not supported by the applicant or beneficiary during his or her minority, such person is legally excused and relieved of obligation and shall not be considered a legally responsible relative.
(h) When an individual (under the age of 19) who is himself or herself a parent lives in the same home as his or her own parent(s) or legal guardian(s), and the adolescent parent applies for AFDC-C or -F, the income of such parent(s) or legal guardian(s) shall be considered available to the eligible unit in accordance with the deeming provisions of N.J.A.C. 10:69-10.44.