New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 90 - WORK FIRST NEW JERSEY PROGRAM
Subchapter 3 - FINANCIAL ELIGIBILITY-INCOME, RESOURCES, BENEFITS
Section 10:90-3.19 - Exempt income
Universal Citation: NJ Admin Code 10:90-3.19
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Exempt income is not considered in determining initial and continued eligibility for assistance or in computing the amount of WFNJ cash assistance payments; however, as part of the determination of eligibility for emergency assistance, the agency shall evaluate all potential contributions of support to the household in accordance with N.J.A.C. 10:90-6.1(c)2. The following sources of income shall be exempt:
1. Income tax refunds;
2. Homestead property tax rebates;
3. Earned income tax credit (EITC) payments;
4. Unearned income (including moneys to offset training expenses) received
by a WFNJ dependent child through the Workforce Investment Act (WIA);
5. Earned income received through the WIA by a WFNJ dependent
child;
6. Allowance payments to offset expenses related to
training received by any WFNJ recipient who is participating in the WIA program;
7. The earned income of any middle or secondary school student in the
eligible assistance unit;
i. This income exemption applies to children who
are full-time students up to the age of 18, or up to the age of 19 if they are expected to complete an
educational program before reaching age 19; and children up to the age of 21, if they are enrolled in a
special education program (see 10:90-2.7);
8. Any grant, scholarship, student loan or other financial aid received by
an eligible child or eligible adult who is a student, including funds received through college work study
programs for TANF recipients, so long as the eligible child or eligible adult continues to attend school and
meets the conditions under which such moneys are granted and complies with required WFNJ work requirements at
N.J.A.C. 10:90-4. Income received through a college work study program is not exempt for GA recipients;
i. During any period for which a child or adult who is a student receives a
grant, scholarship or student loan under a Federal, State or other public or private program, he or she shall
not be entitled to any allowances for expenses incident to training which are otherwise provided for through
student financial aid. In other situations allowances shall be provided in accordance with the supportive
services provisions at N.J.A.C. 10:90-5;
9. SSI
benefits for WFNJ/TANF;
10. Income-in-kind or benefits received
in the form of goods, services or via third party payments, rather than cash;
11. Kinship Subsidy Program payments;
12. Individual Development Accounts including matching contributions and
interest;
13. The following funds are considered as exempt income
and are also identified as exempt resources designated for special purposes at
N.J.A.C.
10:90-3.20(a)14:
i.
Relocation adjustment payments which are made pursuant to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970;
ii. The value of the NJ SNAP
allotment for any household participating in the NJ SNAP program of the U.S. Department of
Agriculture;
iii. Allowances for participation in the WFNJ
program, including payments for transportation and related expenses set forth in the supportive services
section at N.J.A.C. 10:90-5 and payments for child care;
iv.
Allowance payments, that is, monies paid to offset expenses related to training received by a WFNJ parent or
parent-person who is participating in the WIA program;
v.
Payments to assistance units for child care in situations where special circumstances occur within the
household (such as emergency illness of the parent(s)) that necessitate alternative care for a child on a
temporary basis; and transportation or the cost of transportation, which is not available from any other
source, to transport that child to and from the child care site when it is essential for the child's physical
health and safety;
vi. Supplemental aid by other agencies or
organizations, whether public or private, provided that:
(1) There is no
duplication between such aid and the public assistance grant;
(2)
Such aid is for a special purpose not within the function of the public assistance agency (for example,
vocational rehabilitation); or
(3) Such aid is to any
undergraduate student for educational purposes;
vii.
Monies received through the Subsidized Adoption Program of the Division of Child Protection and Permanency
pursuant to 30:4C-45 through 49 ( P.L. 1973, c.81);
viii. Monies received on behalf of a child in resource family care,
including extra payments received for special services; and
ix.
Funds received by applicants and recipients through certain Federal programs as delineated in (a)14ix(1)
through (19) below:
(1) Funds distributed or held in trust for members of
any Indian Tribe under Public Law 92-254 or 93-134;
(2) Funds
which are tax-exempt portions of payments made pursuant to Public Law 92-03, the Alaska Native Claims
Settlement Act;
(3) Benefits or assistance received through the
WIC program (Special Supplemental Food program for Women, Infants and Children) and the special food services
program for children under the National School Lunch Act as amended by Public Laws 92-433 and
93-150;
(4) Benefits received under Title VII, Nutrition Program
for the Elderly, of the Older Americans Act of 1965 (
42
U.S.C. §§
3001 et seq.);
(5) Payments made through Service Corps of Retired Executives (SCORE),
Active Corps of Executives (ACE);
(6) Payments made through the
United States Department of Housing and Urban Development (HUD) Section 8, Rental Assistance Program (RAP),
which provides funds to certain disabled individuals and low income families to assist them in meeting
shelter costs;
(7) HUD community development block grant funds
under Title I of the Housing and Community Development Act of 1974;
(8) Benefits received by eligible households under the Low Income Home
Energy Assistance Act of 1981 pursuant to section 2605(f) of Public Law 97-35;
(9) Allowances and benefits under the National and Community Service Trust
Act of 1993 (NCSTA) which established a Corporation for National and Community Service which administers
national service programs, including the Americorps programs, the Senior Corps and Youth Corps programs; the
Learn and Serve program and, the Volunteers in Service to America (VISTA) program;
(10) All student financial assistance received under Title IV of the Higher
Education Act and under the Bureau of Indian Affairs student assistance programs;
(11) Student financial assistance made for attendance costs under the Carl
D. Perkins Vocational Education Act Amendments of 1990;
(12)
Restitution made, under Section 105 of Title I of P.L. 100-383, the Civil Liberties Act of 1988, to
individuals of Japanese ancestry who were interned during World War II;
(13) Restitution made, under Section 206 of Title II of P.L. 100-383, the
Aleutian and Pribilof Islands Restitution Act, to Aleuts who were relocated by the U.S. government during
World War II;
(14) Major disaster and emergency assistance
granted under Section 105 of P.L. 100-707, the Disaster Relief and Emergency Assistance Amendments of 1988,
including FEMA;
(15) Agent Orange payments as provided for under
Section 1(a) of P.L.
101-201 and Section
10405 of P.L.
101-239 of the Omnibus Budget Reconciliation Act of 1989;
(16) Amounts paid to individuals, under Section 6(h)(2) of
P.L. 101-426, the Radiation
Exposure Compensation Act of 1990, for injuries or deaths due to exposure to radiation from nuclear testing
and uranium mining;
(17) Payments made to individuals because of
their status as victims of Nazi persecution;
(18) Stipends
received by individuals who participate in the New Jersey Youth Corps Stipends Program; and
(19) Certain payments made by the Department of Veterans Affairs to the
natural children of female Vietnam veterans who served in the Republic of Vietnam from February 28, 1961
through May 7, 1975;
14.Kinship Legal
Guardian subsidy payments, received either through CP&P or DFD;
15. Benefits received pursuant to
52:4B-1 et seq., the Criminal Injuries Compensation Act of
1971;
16. Income earned as a result of temporary census
employment; and
17. Supplemental participant allowance payments
issued in accordance with N.J.A.C. 10:90-4.2(a)2 i.
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