New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 90 - WORK FIRST NEW JERSEY PROGRAM
Subchapter 1 - GENERAL PROVISIONS
Section 10:90-1.2 - Opportunity and decision to apply
Universal Citation: NJ Admin Code 10:90-1.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Any person who believes he or she is eligible for WFNJ assistance must be given the opportunity to apply without delay. Applicants shall be informed about the eligibility requirements and their rights and obligations in applying for and receiving assistance. The decision to apply rests with the person. The applicant has the right to withdraw the application before eligibility or ineligibility has been determined.
(b) The application process begins with the initial contact by a member of the assistance unit with the designated county or municipal agency and ends with a decision by that agency as to the eligibility of the assistance unit for WFNJ benefits. Both the applicant and the county or municipal agency have a responsibility to verify and document eligibility.
(c) Initial contact may be an inquiry, a referral or an application:
1. Inquiry means any request for information
about assistance programs which is not a request for an application. A record is necessary only when the
inquiry requires follow-up action.
2. Referral means a request
from a public or private agency or individual for assistance on behalf of another individual/family. All
referrals must be recorded with appropriate facts, and the disposition noted.
3. Application means a written request for public assistance by an
individual, couple without children, natural or adoptive parent(s), parent-person(s), minor parent(s), or
legal guardian acting on behalf of the individual/family.
(d) There are four types of applications: new application, reapplication, reopened application and transfer application (see N.J.A.C. 10:90-15 for definitions).
(e) The applicant(s) and/or his or her designee shall be assisted by the WFNJ worker in completing the Application and Affidavit for WFNJ and the Agreement to Repay pursuant to 44:10-64. The applicant shall be given the WFNJ Participant Handbook, an information card concerning the "Fair Hearings in the Work First New Jersey Program (WFNJ)", and written notification of his or her rights and responsibilities under the WFNJ program.
(f) Responsibilities of the county or municipal agency during the initial contact shall include, but not be limited to:
1. Explaining the
programs/services and detailing the applicant's rights and responsibilities including immediate need, his or
her mandatory cooperation with Child Support and Paternity (CSP) requirements, work requirements, family
violence provisions, personal identification requirements, time limits, requirements for affidavits regarding
felony conviction, parole violation, drug conviction, and minor parent requirements;
2. Providing an orientation to the WFNJ program to each applicant for
assistance to explain the need for each individual to comply with WFNJ work requirements as a condition of
eligibility for WFNJ benefits, unless deferred. All WFNJ applicants unless they are 60 years old or over, a
victim of family violence, a child-only case, or EEI eligible are required to register for work with the New
Jersey One-Stop Career Center (NJOSCC);
i. The work registration is
completed via an electronic transfer of information to America's One-Stop Operating System (AOSOS) upon
determination of eligibility for WFNJ. If the person is deemed employable through the completion of Part A of
the Employability Plan Development Tool (EPDT), then the CWA/MWA shall make a referral to the NJOSCC using
the AOSOS interagency referral system.
3. Informing
the applicant how and where to apply and what verifications and documents are needed to complete the intake
interview;
4. Advising the applicant that Title VI of the Civil
Rights Act of 1964, the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of
1973 prohibit discrimination in determining eligibility for public assistance (see 10:90-1.7 regarding
specific nondiscrimination provisions) and furnishing him or her with a copy of the WFNJ Participant
Handbook;
5. Determining whether the applicant does indeed wish
to apply with full understanding of the need to verify essential eligibility factors and the requirement for
a personal interview, which includes, as an initial step, a CSP interview;
i. County CSP staff shall be co-located with WFNJ/TANF intake staff, to
insure that the child support interview does not delay the application process;
6. Informing the applicant of the availability of the New Jersey
Supplemental Nutrition Assistance Program (NJ SNAP), specifying the requirements for qualification and, if
appropriate, assisting the applicant in applying if he or she so chooses and assisting the applicant in
obtaining verification documentation.
i. When the applicant is applying for
multiple benefits, for example, WFNJ, Medicaid, and NJ SNAP, the agency shall determine if the child support
interview and work registration requirement can be completed on the day of initial contact with the agency.
Where the child support interview and/or work requirement cannot be completed on the day of application, the
applicant shall be afforded the opportunity to file the application, for NJ SNAP purposes, that day. At a
minimum, the applicant shall provide his or her name and signature, as well as the date of filing, on the
application. The applicant shall also complete the questions on the PA-1J which are relevant in determining
whether the household is entitled to NJ SNAP expedited service. In addition, the applicant shall be provided
with an appointment to return to the agency to comply with the CSP interview and/or the work registration
requirement;
7. Advising a pregnant woman that she may
make application for assistance for herself and the expected child up to 90 days before the expected birth
date of her child, as well as providing information regarding prenatal benefits available under Medicaid and
supplemental benefits available under the Woman, Infants and Children (WIC) program;
8. Taking the WFNJ application at the county level, on the same day when an
individual appears at the office to request an application, if possible, or in hardship cases, when a home
visit occurs, which includes an Agreement to Repay (form WFNJ-10D), as well as an application for NJ SNAP
benefits and an application for Medicaid or medical benefits, as appropriate. If the agency determines that
the application cannot be completed on the day of the request, the applicant shall be afforded the
opportunity to file the application that day by providing his or her name and signature, as well as the date
of filing, on the application. The applicant shall be provided with an appointment to complete the
application process. The agency must ensure that eligibility shall be retroactive to the date on which the
individual signed the application.
i. For GA cases applying for Supplemental
Security Income, in addition to form WFNJ-10D, the applicant shall also sign the WFNJ/GA-30 (Authorization
for Reimbursement of Initial Supplemental Security Income (SSI) Payment or Initial SSI Post-eligibility
Payment) and the WFNJ/GA-30A (Agreement to Repay Assistance From Initial SSI Payment) in accordance with
10:90-14.5(c);
9. Taking the WFNJ application at the
municipal level, on the same day when an individual appears at the office to request an application, if
possible, or in hardship cases, when a home visit occurs, which includes an Agreement to Repay (form
WFNJ-10D) for cash assistance, emergency assistance, and any monies that the Division of Medical Assistance
and Health Services spends as a direct result of accident-related injuries. If the agency determines that the
application cannot be completed on the day of request, the applicant shall be afforded the opportunity to
file the application that day by providing his or her name and signature, as well as the date of filing, on
the application. The applicant shall be provided with an appointment to complete the application process. The
agency must ensure that eligibility shall be retroactive to the date the individual signed the application.
i. For GA cases applying for Supplemental Security Income, in addition to
form WFNJ-10D, the applicant shall also sign the WFNJ/GA-30 and the WFNJ/GA-30A, in accordance with
10:90-14.5(c); and
10. Determining the employability
and/or type of assistance the applicant is seeking.
i. To determine an
applicant's employability, the agency shall help the applicant who appears to meet financial and
non-financial eligibility requirements and who is considered an eligible candidate for WFNJ cash assistance,
to complete Part A of the EPDT. The information obtained from Part A of the EPDT shall be used to develop the
initial Individual Responsibility Plan (IRP) (see 10:90-4.8 for provisions regarding IRP plan
completion).
ii. If a referral to the NJOSCC for "To-Work"
services is appropriate, the CWA/MWA shall document the referral as a WFNJ eligibility requirement on the
initial IRP. The IRP shall reflect that an appointment shall be scheduled with the NJOSCC to complete Part B
of the EPDT upon determination of eligibility for WFNJ.
iii.
Those individuals with barriers to employment identified by the EPDT, or who are deferred from the work
requirement, shall have their social service needs met by the CWA/MWA, until such time as their barriers are
removed and they are redetermined mandatory "To-Work" participants. When a referral is made to a barrier
removal activity, the initial IRP shall indicate that the individual's first activity is a referral to be
assessed by the appropriate agency.
iv. The county or municipal
agency, as appropriate, shall ensure the provision of necessary case management for all recipients. Case
management means the provision of certain services to recipients, which shall include an assessment and
development of an IRP for each adult recipient, minor parent, and 16- through 18-year old individual that is
not attending school on a full-time basis. (See 10:90-4.7 and 4.9 for provisions regarding assessment and
10:90-4.8 for provisions regarding IRP plan completion.) The most intensive case management shall be directed
to those facing the most serious barriers to employment.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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