(a) The first step in the WFNJ application
process is cooperation with child support. In addition to the eligibility requirements contained in
10:90-2.2 and 3.2 or 3.4, requirements for WFNJ eligibility
shall include the following:
1. The application process for WFNJ benefits
for both WFNJ/TANF and WFNJ/GA individuals begins with the agency worker assigned to ascertain cooperation
requirements of child support. For TANF purposes, at the time of the IV-D interview with the WFNJ/TANF
applicant/recipient, the CWA/CSU worker shall explain the child support cooperation requirements set out in
this section and 10:90-16.3, the good faith effort requirement set out in
10:90-16.4 and what constitutes a claim for good cause
exceptions from the child support requirements, as outlined at
10:90-16.5 and the related procedures for those individuals
affected by family violence at N.J.A.C. 10:90-20. The CWA/CSU worker, as an agency program contact person,
shall notify all WFNJ/TANF individuals having contact with the CWA/CSU of the WFNJ Family Violence Option
(FVO) in accordance with 10:90-20.2, and explain the purpose of the WFNJ FVO and of the
availability and opportunity for referral to the CWA FVO representative. Except in extraordinary
circumstances, the IV-D interview shall be conducted at the time of application.
i. For TANF purposes, the IV-D interview to establish cooperation shall
begin with the applicant/recipient signing the affidavit of cooperation and completing the child support
questionnaire which includes providing information related to the non-custodial parent in accordance with
10:90-16.4(b) and
(c), unless the WFNJ/TANF individual requests a WFNJ FVO Waiver in
accordance with 10:90-16.5 and 20.6 for reason of family violence as a good
cause exception from child support requirements, or any of the other reasons for good cause exemption from
child support requirements in accordance with N.J.A.C. 10:90-16.5. The WFNJ FVO Waiver and WFNJ/TANF Waiver
mean the same as a good cause exception from the child support requirements for reason of family violence or
the risk of family violence and are used interchangeably throughout this subchapter.
(1) The WFNJ/TANF applicant/recipient is required to provide information
related to the non-custodial parent at the time of the IV-D interview but no later than 30 calendar days from
the date of the notice of initial cooperation with child support in accordance with
10:90-16.4(d).
(2) During any IV-D contact of a WFNJ/TANF applicant/recipient with the
CWA/CSU as a component of the WFNJ/TANF application processing, WFNJ/TANF redetermination processing, IV-D
case processing, or after completion of these processes, the WFNJ/TANF applicant/recipient shall be informed
of the right to speak with a CWA FVO representative and offered the opportunity to do so in accordance with
N.J.A.C. 10:90-20.2. During any of the aforementioned types of contact with the CWA/CSU, should the WFNJ/TANF
applicant/recipient request a WFNJ/TANF Waiver, that is, a good cause exception from the child support
requirements for reason of family violence, then corroborative evidence concerning the violence and the
client's circumstances is not and shall not be required by the CWA/CSU. The individual's case shall be
handled in accordance with the rules for the WFNJ FVO Initiative at N.J.A.C. 10:90-20 and involves completion
of the WFNJ FVO Risk Assessment process, as delineated at
10:90-20.8 and 20.12, to determine possible risks of harm to the
WFNJ/TANF individual and family members.
ii. The
CWA/CSU shall make the determination as to whether or not the WFNJ/TANF applicant/recipient has initially
cooperated in good faith in accordance with N.J.A.C. 10:90-16.3.
iii. During the period after initial cooperation has been determined, if
the CWA/CSU finds that the information provided by the WFNJ/TANF applicant/recipient is insufficient and
additional information is necessary, the CWA/CSU shall make a determination as to whether or not the
applicant/recipient has continued to cooperate in meeting the good faith effort requirement in accordance
with N.J.A.C. 10:90-16.4.
iv. If later CWA/CSU efforts to verify
a WFNJ/TANF applicant's/recipient's information show that inaccurate information related to the non-custodial
parent was deliberately provided, the applicant/recipient shall be found to have failed to
cooperate.
v. At the point of initial intake, for WFNJ/GA
applicants, initial cooperation in good faith with the child support requirements shall be established by the
completion and signing of the affidavit of cooperation, which shall include the identification of his or her
child(ren) and their respective custodial parent(s). Although completion of the Affidavit of Cooperation
satisfies the WFNJ eligibility requirement to cooperate with child support, a WFNJ/GA applicant/recipient may
have continuing child support requirements, which do not impact the individual's eligibility for WFNJ
benefits.
vi. At the time of any adverse action, the
applicant/recipient shall be advised of his or her rights to a fair hearing and to appeal any adverse action
in accordance with 10:90-9.3.
2. If at the time of application, it is not possible to complete the IV-D
interview due to extraordinary circumstances, the following procedures shall apply:
i. When the WFNJ/TANF applicant is applying for multiple benefits, for
example, WFNJ, Medicaid and NJ SNAP, the CWA shall determine if the IV-D interview and work registration
requirement can be completed on the day of initial contact with the agency. Where the IV-D 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 and Medicaid if appropriate, 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 application which are relevant in determining whether the
household is entitled to NJ SNAP expedited service and all questions relevant to determining Medicaid
eligibility. In addition, the applicant shall be provided with an appointment to return to the agency to
comply with the IV-D interview and/or the work registration requirement.
ii. When the WFNJ/TANF applicant is applying for multiple benefits, for
example WFNJ, Medicaid and NJ SNAP, and fails to cooperate with the CWA/CSU, the application process shall
continue for NJ SNAP and Medicaid for any eligible children and any applicant who meets the Medicaid
exception requirement in accordance with
10:90-16.3(f)1.
iii. In cases of immediate need, where the IV-D interview and/or work
registration requirement cannot be completed on the day of application, the application process is to
continue and immediate need determined, with the WFNJ/TANF applicant being provided an appointment to return
to the CWA to comply with the IV-D interview and/or the work registration requirement.
iv. All child support activities shall be coordinated with the WFNJ/TANF
applicant's/recipient's work activities as delineated in the individual responsibility plan (IRP) and/or the
emergency assistance service plan.
v. A WFNJ/GA applicant's lack
of cooperation with the child support requirement shall not delay a referral to the CWA to apply for the NJ
SNAP program or the Medicaid program for those individuals who meet the exception requirement in accordance
with 10:90-16.3(f)1
or the processing of such application, if applicable.
vi. All child support activities shall be coordinated with the WFNJ/GA
applicant's/recipient's work activities as delineated in the IRP and/or the emergency assistance service
plan.
vii. In cases of immediate need, where the affidavit of
cooperation and/or work registration requirement cannot be completed on the day of application, the
application process is to continue and immediate need determined with the WFNJ/GA applicant being provided an
appointment to return to the municipal or county agency to complete the affidavit of cooperation and/or the
work registration requirement.