New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 71 - MEDICAID ONLY
Subchapter 5 - INCOME
Section 10:71-5.3 - Income exclusions
Universal Citation: NJ Admin Code 10:71-5.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Only the following income shall be excluded in the determination of countable income. Income exclusions shall be applied to unearned income first, then to earned income as appropriate. Exclusions shall be applied in the order of their appearance in this section.
1. Monies
received as a result of the sale of a resource shall be excluded. These monies
shall be treated as a resource (see
10:71-4.2 and
10:71-4.4(b)8
ii).
2. Monies received as a result
of the settlement of a casualty insurance claim, if such settlement is intended
as compensation for the loss or destruction of a previously excludable
resource, shall be excluded (see
10:71-4.4(b)8
i).
3. Third-party payments for
medical care or services, including room and board furnished during medical
confinement, shall be excluded.
4.
The value of social services (for example, advice, training, consultation)
performed by any governmental or private agency shall be excluded.
5. The value of food stamps shall be
excluded.
6. All loans which are
actually repayable shall be excluded.
i.
Regular contributions to an individual by his or her family, which are made
over an extended period of time and which would be impossible to repay given
the individual's current and/or future financial status, shall not be
considered loans. Contributions of this nature shall be treated as income in
accordance with
10:71-5.2.
7. Benefits received under the following
Federal programs shall be exempt:
i. The
value of benefits received under the Federal WIC program shall be
exempt.
ii. The value of meals
provided under the National School Lunch Act shall be exempt.
iii. Training incentive payments made under
the Comprehensive Employment Training Act (CETA) of 1973 shall be
exempt.
iv. Payments received under
Title II of the Uniform Relocation and Real Property Acquisition Policies Act
of 1970 shall be exempt.
v.
Payments received for services performed in connection with the Domestic
Volunteer Service Act of 1973 shall be exempt. Such programs include the Foster
Grandparents Program, Older Americans Community Service Program, the Retired
Senior Volunteer Program (RSVP), the Service Corps of Retired Executives
(SCORE), Volunteers in Service to America (VISTA), the Active Cooperative
Volunteer Program (AVP), the Active Corps of Executive (ACE), and other
programs which are coordinated by the Federal ACTION agency.
vi. Payments made by the Disaster Assistance
Administration shall be exempt.
vii. The value of assistance to children
under the Child Nutrition Act of 1966 shall be exempt.
viii. Payments from Home Energy Assistance
(HEA) and the Crisis Intervention Program shall be exempt.
ix. Payments received from the Youth
Incentive Entitlement Pilot Projects, Youth Community Conservation and
Improvement Projects, and the Youth Employment and Training Programs under the
Youth Employment and Demonstration Projects Act of 1978 shall be exempt.
However, payments from the Adults Conservation Corps under that Act or any
other payments under the Comprehensive Employment and Training Act (CETA) of
1973 (with the exception of (a)6iii above) may not be excluded.
x. The amount of the annual cost-of-living
increase in Social Security benefits for those individuals who became
ineligible for Supplemental Security Income (SSI) solely as a result of SSA
cost-of-living increases after June 30, 1977 shall be exempt. Individuals
eligible for this exemption are entitled to an additional exemption of the
dollar amount of all SSA cost-of-living increases subsequent to that increase
which created their SSI ineligibility.
xi. For certain individuals, the dollar
amount of the October 1972, 20 percent cost-of-living increase in Social
Security benefits shall be exempt. In order to qualify for this exemption, the
individual must have been, for the month of August 1972:
(1) Eligible for or receiving cash assistance
under Old Age Assistance, AFDC, Aid to the Blind, or Disability Assistance
(including persons who were eligible for such assistance but not receiving such
assistance because they had not applied for it or because they were residents
in medical or intermediate care facilities); and
(2) Entitled to a monthly insurance benefit
under Title II of the Social Security Act (RSDI).
8. That part of the proceeds of a
life insurance policy which is used to pay the last illness and burial expenses
of the insured shall be excluded.
i. Last
illness and burial expenses shall include related hospital, medical, funeral,
burial plot, interment expenses, and related costs.
9. Refunds on taxes for food, real property,
or income shall be exempt.
10. That
portion of a grant, scholarship, or fellowship which is to be used to pay
tuition and mandatory fees (as defined by the educational institution) shall be
excluded.
11. The value of
agricultural produce, if raised for home consumption, shall be
excluded.
12. Certain irregular
and/or infrequently received income shall be excluded as follows:
i. Unearned income which totals $ 60.00 or
less per quarter (any consecutive three-month period), and which is received
less frequently than twice per quarter or cannot be reasonably anticipated
shall be excluded.
ii. Earned
income which totals $ 30.00 or less per quarter (any consecutive three-month
period), and which is received less frequently than twice per quarter or cannot
be reasonably anticipated shall be excluded.
13. Monies paid to an individual as
compensation for the care of a legally assigned foster child shall be excluded.
(This income is not excludable if the child is an eligible individual in his or
her own right, or if he or she does not reside in the home of the eligible
individual(s).)
14. One-third of
the amount received as child support from an absent parent shall be
excluded.
15. Income received as
compensation for services performed as an employee, or from self-employment, by
an unmarried student who is under 22 years of age, shall be excluded to the
extent that such income does not exceed $ 1,200 in a calendar quarter and/or $
1,620 per calendar year.
i. A person shall be
considered a student if he or she meets the following criteria:
(1) He or she is enrolled in a course or
courses of study and attends to the extent required for continued enrollment.
Specifically, a person must attend:
(A) A
college or university at least eight semester or quarter hours weekly;
or
(B) A secondary school at least
12 clock hours weekly; or
(C) A
course of vocational or technical training (other than at a secondary school,
college, or university) designed to prepare the student for gainful employment
involving shop practice, at least 15 clock hours a week; or without shop
practice, at least 12 clock hours per week; or
(D) Less than the appropriate requirements in
(a)15i(1)(A), (B), and (C) above, if it is determined that there are
extenuating circumstances beyond the control of the student and he/she is
pursuing a course of study comparable to the requirements of (a)15i(1)(A), (B),
and (C) above.
(2) A
student shall be considered in regular attendance if he or she is engaged in
home study provided by a secondary school, college, university, or governmental
agency, and a home visitor or tutor supervises the study or training. For
purposes of this section, government-sponsored courses in the various
self-improvement and anti-poverty programs are considered to be for the
purposes of preparing the student for gainful employment.
(3) A student shall be considered in regular
attendance during normal vacation periods if he or she is in regular attendance
in the month immediately preceding and immediately following the vacation
period.
(4) A student shall be
considered to be in regular attendance for the month in which he or she
completes or discontinues his or her school or training program.
16. Benefits provided
under the State's Lifeline Utility Credit Program shall be excluded.
17. Interest on or appreciation in value of
burial funds excluded from consideration as resources at
10:71-4.4(b)9
shall be excluded from income.
18.
The first $ 20.00 per month of income, other than income received as a VA
pension based upon need, shall be excluded. This exclusion shall be applied
first to unearned income, and any remaining amount of exclusion then applied to
earned income. In the determination of countable income of a couple, this $
20.00 exclusion is applied to the combined income of both.
19. Earned income, in the amount of $ 65.00
per month plus one-half of the remaining sum, shall be excluded. In the
determination of countable income of a couple, this exclusion applies to the
combined earned income of both.
20.
In the case of blind persons only, all expenses reasonably attributable to the
earning of income shall be excluded.
21. In the case of blind or otherwise
disabled persons, the amount of money which is needed to achieve an approved
plan of self-support shall be excluded.
i. In
order for this exclusion to apply, the plan of support must have been approved,
in writing, by the Division of Vocational and Rehabilitation Services or the
Commission for the Blind and Visually Impaired. The plan must also be
current.
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