N.J. Admin. Code § 10:69-10.39 - Calculation of contributions of legally responsible relatives
(a) The CWA shall determine
what contribution, whether in cash or kind, the relative is currently contributing or is willing to
contribute toward the support of the eligibility unit.
1. Only the amount
of support, whether in cash or in kind, actually being received by the eligible unit shall be considered as
available income.
(b) It shall be recognized that a
person's obligation to support those relatives for whom he or she is legally responsible takes precedence
over any voluntary preference on his or her part to support relatives or other persons for whom he or she is
not legally responsible, except as provided in
10:69-10.40.
1. Responsibility
of a person for the support of his or her own minor children takes priority over any obligations to
contribute to support of any other dependent relatives.
(c) When a relative is legally responsible for all members of an eligible
unit , this LRR's financial capacity to support shall be considered as a resource to the eligible unit as a
whole.
1. When a relative is legally responsible for one or more, but not
all member(s) of the eligible unit , the LRR's obligation to support in relation to need shall be the per
capita share of the eligible unit 's adjusted allowance for those persons for whom he or she is legally
responsible.
2. When a relative is legally responsible for two or
more persons who are not members of the same eligible unit , his or her capacity to support may be allocated
according to the relative's wishes provided that the amount allocated to any one individual does not exceed
that individual's share of the adjusted allowance.
(d)
The eligible unit ceases to be eligible for AFDC -related Medicaid when the amount of the LRR's evaluated
capacity to support equals or exceeds the income eligibility standards and this support is actually available
to the eligible unit.
1. The amount of the LRR's contribution shall be
recognized only when there is affirmative evidence that such amount or its equivalent in goods or services is
in fact available to members of the eligible unit .
(e)
Where it is determined that an LRR does not have a capacity to contribute to support, any cash contribution
which he or she voluntarily makes on a regular basis is recognized as unearned income.
(f) The CWA IV-D unit shall determine the capacity of an absent parent to
support his or her dependent children.
Notes
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