New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 90 - WORK FIRST NEW JERSEY PROGRAM
Subchapter 2 - NON-FINANCIAL ELIGIBILITY REQUIREMENTS
Section 10:90-2.9 - Definition of employable/unemployable persons in WFNJ/GA
Universal Citation: NJ Admin Code 10:90-2.9
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The definition of employable/unemployable persons for determination of payment level is as follows:
1. An employable person is any person applying for or receiving cash
assistance who is able-bodied and does not meet any one of the criteria of deferred delineated in (a)2 below;
and
2. An unemployable person is any person who meets any of the
criteria listed below:
i. Persons who are 62 years of age or
older;
ii. Persons receiving inpatient hospital care and
treatment who were receiving an unemployable grant prior to entering the hospital. (Persons who were listed
as employable shall retain such employable status until hospital discharge.);
iii. Persons who are residents in long term care facilities;
iv. Persons in the first 12 months of residential treatment in centers
licensed by the New Jersey Department of Health and Senior Services for the treatment of drug abuse, when
medical evidence exists that the residential treatment is necessary (see
10:90-2.8(a)7
ii regarding drug abuse treatment for those convicted of possession or use
of controlled substances). The 12 month period starts anew for each commencement of treatment, previous
incomplete or unsuccessful courses of treatment notwithstanding;
v. Persons normally eligible to receive RSDI (Title II benefits), SSI or
Railroad Retirement benefits on the basis of disability, but due to administrative delays in that respective
program, payments are being withheld;
vi. Persons who have been
determined to be legally blind by the New Jersey Commission for the Blind and Visually Impaired;
vii. Persons in the third trimester of pregnancy when an examining
physician certifies to both the pregnancy and its term;
viii.
Pregnant persons when an examining physician certifies that employment poses a threat to the mother or the
fetus;
ix. A caretaker relative of a disabled dependent who must
provide full-time care for the disabled dependent (see
10:90-2.4(a)2
ii). No more than one person in an eligible unit may be considered
unemployable for this reason without written authorization from the DFD; and/or
x. Persons determined to be incapacitated by the agency that administers
the WFNJ/GA program are unemployable when such determination of incapacity is supported by the following
circumstances:
(1) Form WFNJ/MED-1 shall be fully completed by an examining
physician that the individual is unable to comply with WFNJ/GA requirements. Such certification shall
include, at a minimum, the date of examination, diagnosis, length of incapacity, functional limitations,
prescribed treatment, an indication of whether or not reevaluation will be necessary, and the examining
physician's signature. The cash assistance benefit shall be issued at the employable rate until the recipient
is determined unemployable for a minimum of six continuous months by the examining physician. Upon
presentation of documentation of unemployability, applicants and recipients shall be considered deferred from
the work requirement in accordance with N.J.A.C. 10:90-4.10. A recipient whose unemployable status
fluctuates from month-to-month will continue to receive cash assistance at the employable rate until he or
she is determined unemployable for a minimum of six continuous months by an examining physician. Payment at
the unemployable rate shall begin at the seventh month of unemployability. If medical documentation presented
at application or redetermination indicates a period of unemployability of six months or more, then the
unemployable cash assistance rate shall be issued upon a determination of eligibility.
(A) Individuals who are deferred from the work requirement because of a
physical or mental condition, which prevent them from being able to work full-time may participate part-time
in a WFNJ work activity or employment if their physical or mental impairment allows, and the examining
practitioner certifies on the WFNJ/MED-1 that the individual's physical or mental condition will allow
participation. If a deferred individual chooses to participate in a work activity or employment and then
finds that his or her condition precludes continuing participation, he or she shall not be subject to a WFNJ
sanction. Part-time participants shall be given access to the same services and supports as non-deferred
recipients, such as access to training slots, transportation and child care supports.
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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