New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 90 - WORK FIRST NEW JERSEY PROGRAM
Subchapter 4 - WFNJ WORK REQUIREMENTS
Section 10:90-4.10 - Deferrals from the work requirement
Universal Citation: NJ Admin Code 10:90-4.10
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Deferrals from WFNJ work requirements shall be limited to:
1. Individuals age 62 or older;
2. Individuals who are unable to engage in regular work activities because
they are chronically ill, infirm, or have a physical and/or mental disability or impairment which is expected
to last for more than 12 months and such conditions are certified by an attending physician (including a
licensed or certified psychologist, as appropriate) or advanced practice nurse to constitute a permanent
disability. Such certification shall be documented through use of Form WFNJ/MED-1, Examination Report, and
shall, upon completion by the certifying physician (including a licensed or certified psychologist, as
appropriate) or advanced practice nurse, be reviewed by the county or municipal agency which shall have the
responsibility to approve or deny the deferral request;
i. Individuals
receiving a work deferral due to a certified permanent disability shall be required to make application for
SSI benefits;
ii. A recertification to determine permanent
disability using Form WFNJ/MED-1 shall not be required for those individuals who provide documentation that
they have been determined permanently disabled and are receiving disability insurance benefits under Title II
or Title XVI of the Federal Social Security Act. At the time of case redetermination, the permanent
disability condition of the individual shall be reviewed. If the permanent disability remains unchanged as
verified through social security documentation, it shall be duly noted on the IRP that the permanent
disability remains unchanged, the source of the documentation and the date of the review. If a change in the
permanent disability occurs which indicates that the individual may be able to participate in a WFNJ
activity, for example, the client is no longer eligible for permanent disability considerations under Title
II or Title XVI and the client is still requesting a WFNJ deferral based on the disability, the county or
municipal agency shall require the completion of Form WFNJ/MED-1 by the client's attending physician
(including a licensed or certified psychologist, as appropriate) or advanced practice nurse in order to
evaluate the client's ability to participate;
3. A
person certified by an attending physician (including a licensed or certified psychologist, as appropriate)
or advanced practice nurse to be unable, by reason of a physical or mental defect, disease or impairment, to
engage in any gainful occupation for any period of less than 12 months. Such certification shall be
documented through use of Form WFNJ/MED-1, Examination Report, which, upon completion by the certifying
physician (including a licensed or certified psychologist, as appropriate) or advanced practice nurse, shall
be returned to the county or municipal agency worker, as appropriate for review and final determination of
deferral from participation from work requirement activities within the WFNJ program;
4. WFNJ/GA single adults or couples without dependent children who are
determined unemployable in accordance with provisions set forth at
10:90-2.9(a)2. The form WFNJ/MED-1 will be
required, if appropriate;
5. A woman in the second trimester, or
earlier, of a pregnancy, when it is certified by an attending physician that a medical reason
exists;
6. A woman in the third trimester of pregnancy;
7. The parent or relative of a child under the age of 12 weeks who is the
individual providing care for that child;
i. This deferral may be extended
for an appropriate period of time, when it is certified by the attending physician to be medically necessary
for the parent or child;
8. A person who has been
determined to be temporarily disabled resulting from his or her participation in a CWEP or AWEP
activity;
9. An individual who is participating in a CWEP or AWEP
activity and is eligible for leave under the State Family Leave Act and the family and medical leave
provisions allowed under Federal law;
10. The sole caretaker
(parent/relative) of a severely disabled or seriously ill dependent child or the sole caretaker
(parent/relative) of a severely disabled or seriously ill family member;
i.
Such certification shall be completed through use of Form WFNJ-5S(DEP), Confidential Medical Examining
Physician's Report for Dependent Child or Dependent Adult, which shall provide documentation for the severity
of the disability or illness of the dependent child or adult.
ii.
During the time a severely disabled or ill dependent child or family member regularly attends a residential
special school or other specialized care environment, the sole caretaker shall not be deferred.
(1) If there is an interruption of 30 consecutive days or longer in this
regular schedule of care at the residential special school or other specialized care environment which
necessitates the recipient to care for that individual due to the unavailability of other care arrangements,
the caretaker shall be deferred from the work requirement.
(2)
Periods of less than 30 days of care shall allow the caretaker an excused absence from participation;
and
11. Individuals determined to be
victims of family violence who have requested temporary deferral from work via affidavit due to
circumstances/trauma related to the family violence incident in accordance with requirements set forth at
N.J.A.C. 10:90-20.
(b) All instances when medical documentation is required, Form WFNJ/MED-1, Examination Report or Form WFNJ-5S (DEP), Confidential Medical Examining Physician's Report for Dependent Child or Dependent Adult, as appropriate, shall serve as a physician's, licensed or certified psychologist, or advanced practice nurse certification and the following procedures concerning receipt of the completed form shall be adhered to:
1.
If the WFNJ/MED-1 or WFNJ-5S (DEP) states that the incapacity will be for less than 30 days, the agency will
approve the deferral and retain the documentation at the agency. At the end of the 30 days, the agency worker
will review the circumstances of the incapacity with the client and determine if the client is still claiming
the same deferral circumstance; if so, another WFNJ/MED-1 or WFNJ-5S (DEP) is to be completed by the
attending physician (including a licensed or certified psychologist, as appropriate) or advanced practice
nurse.
2. If the WFNJ/MED-1 or WFNJ-5S (DEP) states that the
incapacity is expected to last more than 30 days the county or municipal agency, as appropriate, shall have
the responsibility to approve or deny the deferral request.
i. The
acceptable timeframe for a physician (licensed or certified psychologist, as appropriate) or advanced
practice nurse to complete and a client to return medical documentation shall not exceed 30 days unless
extenuating circumstances occur which cause a delay in the completion/return of such documentation.
Extenuating circumstances shall include, but not be limited to, the inability of the recipient to see a
treating physician (licensed or certified psychologist, as appropriate) or advance practice nurse within the
30 days or when the physician (licensed or certified psychologist, as appropriate) or advanced practice nurse
fails to return the form within the specified timeframe.
ii. A
sanction shall not be imposed for failing to return medical documentation timely. The individual and case
manager shall have previously decided on an acceptable employment-directed activity in the event that the
medical deferral is not forthcoming.
(c) A recipient shall not be required to engage in a work activity if appropriate child care is necessary but unavailable. Child care services shall be provided in accordance with child care services regulations at N.J.A.C. 10:15. WFNJ supportive services provisions concerning child care are found at 10:90-5.2 and 5.3. Child care is unavailable if:
1. Appropriate child care is not available within a reasonable distance
from the individual's home or worksite;
2. Appropriate informal
child care from a relative or otherwise, if available, is unsuitable; or
3. Appropriate formal child care arrangements are unaffordable.
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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