New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 90 - WORK FIRST NEW JERSEY PROGRAM
Subchapter 3 - FINANCIAL ELIGIBILITY-INCOME, RESOURCES, BENEFITS
Section 10:90-3.10 - Resources-WFNJ TANF/GA
Universal Citation: NJ Admin Code 10:90-3.10
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Resources are either countable or exempt. The provisions pertaining to exempt resources may be found at 10:90-3.20.
(b) Resources are defined as all real and personal property, including bank accounts, which is within the control of one or more members of each eligible assistance unit, or to which the member(s) may have a valid claim, and certain benefits and other contributions of support which may become available to each eligible assistance unit. Available resources include cash and other forms of income immediately obtainable to meet the needs of each eligible assistance unit.
1. For checking and saving
accounts in which the names of the owners are stated in the conjunctive ("and" accounts), the eligible
assistance unit member shall be presumed to possess the funds in proportion to the number of owners listed on
the account. Such presumption is rebuttable and shall not apply if the eligible assistance unit member and/or
the other owner(s) demonstrate to the county or municipal agency that actual ownership (based on the
contributions by each of the parties to the sums on deposit) of the funds is in a different
proportion.
2. For checking and saving accounts in which the
names of the owners are stated in the disjunctive ("or" accounts), the eligible assistance unit member shall
be presumed to possess all the funds therein regardless of their source. Such presumption is rebuttable and
shall not apply if the eligible assistance unit member and/or the other owner(s) demonstrate to the county or
municipal agency that ownership of the funds is in a different proportion, predicated on contributions by
each party to the sums on deposit.
(c) When ownership of nonexempt real property is the only reason for the ineligibility of an otherwise eligible assistance unit, the assistance unit may receive assistance benefits under the following terms and conditions:
1. Liquidation of the real property shall be undertaken and completed
within nine months. An extension beyond the nine month period may be permitted, subject to the approval of
the DFD, if good cause exists and is recognized by the DFD. Good cause shall be said to exist in this
instance if the recipient, in spite of having made all good faith efforts (see (c)3 below), has nevertheless
been unsuccessful in liquidating the real property and there is reason to believe that conditions will
change, thereby making liquidation possible. Otherwise, at the end of nine months, granting of assistance
benefits under these provisions shall no longer be authorized.
2.
The signer(s) of the assistance application shall sign a written agreement with the county or municipal
agency which describes a mutually acceptable plan of liquidation which includes a statement of market value
of the property. The plan may be revised as necessary by mutual agreement. If an appraisal is found necessary
in order to reach agreement, the county or municipal agency may advance the cost of the appraisal from the
administrative account. Such cost is subject to repayment or recovery (see (c)4 below).
3. The owner(s) of the real property shall, in accordance with the written
plan of liquidation, make continuous good faith efforts to liquidate the property at market value. Any breach
in the good faith efforts, as determined by the county or municipal agency, ends the authorization of all
assistance benefits under these provisions.
4. In accordance with
the agreement to repay, upon liquidation of the real property, the former owner(s) of the real property shall
repay to the county or municipal agency either the amount of all assistance granted or the net amount
received from the liquidation, whichever is less. Any funds remaining to the former owners after repayment
constitute a resource for regular eligibility determination. Beginning April 2, 1997, any period for which
WFNJ assistance has been repaid in full shall not count toward a recipient's 60-month cumulative time limit
on receipt of assistance.
(d) Rules concerning the liquidation of all debts, claims, interests, settlements, and trust funds are as follow:
1. Members of each eligible assistance unit shall take all necessary and
reasonable action to avail themselves of funds for support from others who owe or may owe money to them or
who are holding funds for them. Any funds made available by such action (except funds from liquidation of a
nonexempt resource) are to be considered as income to each eligible assistance unit.
2. Any failure or refusal by any person to take required action or to
cooperate with the county or municipal agency in liquidation efforts renders the entire assistance unit
ineligible for assistance for as long as the failure or refusal continues.
3. In situations customarily processed under contingent fee arrangements
with private counsel, such as liability matters, an eligible assistance unit shall be required to undertake
action by that method or by an alternative method acceptable to the county or municipal agency.
4. When a trust fund exists for a member of the eligible assistance unit
(with the exception of any funds placed in trust for a minor child to make the minor child whole as a result
of an injury as provided in 10:90-7.8) , the county or municipal agency shall determine
whether or not the funds are currently accessible and if accessible, such funds shall be considered in
determining eligibility.
i. When a trust fund is not currently accessible
and it exists at the time of application, the applicant must, as a condition of eligibility, make a bona fide
presentation of a petition to the appropriate court for release of the funds for current and future support.
The county or municipal agency shall assist the applicant if necessary.
ii. When a trust fund is not currently accessible and came into being
during the term of the assistance case, the county or municipal agency shall present a petition to the
appropriate court for release of funds for current and future support. The recipient must, as a condition of
continuing eligibility, provide whatever cooperation may be necessary in the presentation of the
petition.
(e) A voluntary assignment or transfer of income or resources for the purpose of qualifying for WFNJ TANF/GA benefits shall render the applicant/recipient and the applicant/recipient assistance unit members ineligible for a period of up to one year (see Disqualification Period Chart at (e)4 below) from the date of discovery of the transfer. This disqualification period shall be applied if the resources are transferred knowingly in the one year period prior to application or if an assistance unit acquires assets after being certified for benefits and then transfers such assets knowingly in order to prevent the assistance unit from exceeding the maximum resource limit.
1. Eligibility for WFNJ shall not be affected by the following
transfers:
i. Resources which would not otherwise affect eligibility; for
example, resources consisting of excluded personal property such as furniture or money that, when added to
other nonexcluded household resources, total less than the allowable resource limit at the time of the
transfer;
ii. Resources that are sold or traded at or near fair
market value;
iii. Resources which are transferred between
members of the same assistance unit (including excluded assistance unit individuals whose resources are being
considered available to the assistance unit); or
iv. Resources
which are transferred for reasons other than qualifying or attempting to qualify for WFNJ benefits.
2. If the county or municipal agency does establish that an
applicant has knowingly transferred resources for the purpose of qualifying or attempting to qualify for WFNJ
benefits, the assistance unit shall be sent a notice of denial explaining the reason for and length of
disqualification. The period of disqualification shall begin in the month of application.
3. If the county or municipal agency establishes a transfer of assets by a
WFNJ recipient assistance unit (or by an assistance unit which had been certified for eligibility), a notice
of adverse action explaining the reason for and length of disqualification shall be sent. The period of
disqualification shall be made effective with the first cash assistance payment to be issued after the notice
of adverse action period has expired, unless the assistance unit has requested a fair hearing and continued
benefits.
4. The length of the disqualification period shall be
based on the amount by which nonexempt transferred resources, when added to other countable resources, exceed
the allowable limits.
i. The following chart, which has been aligned with
the chart utilized in the NJ SNAP program, shall be used to determine the period of disqualification when the
transfer of nonexempt resources was for the purpose of qualifying for WFNJ.
| Disqualification Period Chart | |
| Amount in Excess of Resource Limit | Period of Assistance Unit Disqualification |
| $ 0.01-$ 249.99 | 1 month |
| 250-999.99 | 3 months |
| 1,000-2,999.99 | 6 months |
| 3,000-4,999.99 | 9 months |
| 5,000 and over | 12 months |
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