New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 69 - AFDC-RELATED MEDICAID
Subchapter 3 - ESTABLISHING PROGRAM ELIGIBILITY IN AFDC-RELATED MEDICAID
Section 10:69-3.34 - Liquidation of all debts, claims, interests, settlements, and trust funds
Universal Citation: NJ Admin Code 10:69-3.34
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Members of the eligible family shall take all necessary and reasonable action to avail themselves of funds for support from others who owe or may owe money to them or who are holding funds for them. Any funds made available by such action shall be considered as income to the eligible family, except as provided in N.J.A.C. 10:69-3.36(b).
1. When a trust fund exists for a member of
the eligible family, the CWA shall determine whether or not the funds are
currently accessible. If accessible, the funds represent a source of funds for
support and shall be considered in determining eligibility.
i. When a trust fund is not currently
accessible and it exists at the time of application, the client shall, as a
condition of eligibility, make a bona fide presentation of a petition to the
appropriate court for release of the funds for current and future support. The
agency shall assist the client if necessary.
(1) When a trust fund is not currently
accessible and came into being during the term of the assistance case, the
agency shall present a petition to the appropriate court for release of funds
for current and future support. The client shall, as a condition of continuing
eligibility, provide whatever cooperation may be necessary in the presentation
of the petition.
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