Current through Register Vol. 56, No. 18, September 16, 2024
(a) For purposes
of Plan B, C or D eligibility, gross income for the applicant shall include the
gross income of members of the household unit as defined in
10:79-3.6.
1. Income from a legally responsible relative
who does not reside with the family shall be counted only to the extent that
the income is actually made available to the household unit.
2. A minor child who is in receipt of
Supplemental Security Income (SSI) shall not be included in the household
income.
3. Earned income of a child
who is a student as defined in
10:69-10.8 shall be counted in the
household income.
4. Wages paid by
the U.S. Census Bureau for temporary employment related to Census 2000
activities shall not be considered household income.
(b) Income for purposes of determining
eligibility for the NJ FamilyCare-Children's Program-Plans B, C or D shall be
determined as follows:
1. For self-employed
persons, income shall be calculated using adjusted gross income reported on the
family's Federal income tax form(s) from the prior year as the baseline and
adding back in reported depreciation, carryover loss, and net operating loss
amounts that apply to the business in which the family is currently engaged.
Applicants shall report the most recent financial situation of the family if it
has changed from the period of time covered by the Federal income tax form. The
report may be in the form of a percentage increase or decrease.
2. The best estimate of income shall be based
on an average of the household unit's income. Adjustments shall be made to the
estimated income to reflect changes in income that either have occurred or
which are reasonably anticipated to occur, which would affect the household
unit's income during a period of eligibility. To establish the best estimate,
the full one-month period immediately preceding the date of application or
redetermination shall be used.
i. Income shall
be verified by the submission of one pay stub from each employer who provides
wages to the applicant and/or the members of the household unit as defined in
10:79-3.6.
ii. Income received weekly shall be
multiplied by 4.333 to determine the monthly amount; biweekly income shall be
multiplied by 2.167; variable amounts should be averaged for the appropriate
frequency (that is, weekly paychecks should have a weekly average calculated:
biweekly amounts should be averaged to determine a biweekly average, etc.).
That amount should then be multiplied by the appropriate formula to determine
monthly gross income. Other income should also have the same methodology
applied to determine monthly income.
3. For unemployed persons eligible for a
governmental income program, income shall be determined as it exists at time of
application, with notification of changes to be the responsibility of the
applicant. If income evaluated in this fashion renders an applicant ineligible,
documented cessation of the income source after the date of application shall
be considered.
4. For other
individual circumstances, income, including unearned income, shall be
calculated based on a combination and/or variation of (b)1, 2, and/or 3 above,
as appropriate.
(c) For
purposes of Plan D eligibility, the amount of gross income greater than 200
percent and not in excess of 350 percent of the Federal poverty level shall be
subject to disregard.
(d) No
portion of a cash reward provided to any individual by the Division for
providing information about fraud and/or abuse in any program administered in
whole or in part by the Division shall be included in the computation of income
for financial eligibility purposes.
(e) Nonrecurring lump sum income received by
a household unit of a child shall be added to any other income received by the
household unit in that month. The total shall be divided by the income
eligibility limit applicable to the household. The result will be the number of
months the eligible members of the household unit shall be ineligible to
receive NJ FamilyCare-Children's Program under the provisions of this chapter.
Any remaining income from this calculation is treated as if it were unearned
income in the first month following the period of ineligibility.
1. The period of ineligibility shall begin
the first month subsequent to the month the nonrecurring income is received or,
if there is insufficient time to provide timely adverse action notice, the
following month.
2. Once
established, the period of ineligibility may be reduced only in accordance with
the AFDC provisions for shortening a period of ineligibility as found at
10:69-10.23(a)5.
The basis for a determination to shorten the period of ineligibility shall be
fully documented in the case record.
