(a) Certain relatives are legally considered
responsible to provide support if financially able and may be a source of income for an AFDC-related Medicaid
applicant or beneficiary. The CWA shall determine the capacity of LRRs to contribute to the support of
AFDC-related Medicaid applicants and beneficiaries.
is authorized under specified circumstances to apply to the appropriate court for a support order.
In cases where a court order appears to be the only means of insuring consistent and actual support, the
/beneficiary may elect to receive from the CWA the grant for which he or she is eligible and request
the CWA to collect the support payments (see
). The applicant
shall be fully informed of these provisions and
The following chart identifies relatives who are
recognized as legally responsible under AFDC
|Legally Responsible Relative
|Child under age 55
|Parent of a child under 18 or of a
|child over age 18 who is not an
AFDC-related Medicaid parent or
All legally responsible relatives shall be contacted in completing the
Regardless of where the relative lives, it is the
responsibility of the eligibility worker to obtain the necessary information by the most direct and practical
i. The legally responsible relative shall be the primary source of
the information required to evaluate his or her capacity to support.
ii. When the evidence submitted by the relative is inadequate or shows a
discrepancy, or he or she is unable to submit evidence, he or she shall understand that it shall be necessary
for the agency to obtain verification directly from his or her employer, bank and so forth.
Legally responsible relatives shall be
reevaluated at least once every 12 months. See
regarding reevaluation and situations in which contact
need not be made.
Priorities of obligations to support
legally responsible relative are:
1. A person's obligation to support those
relatives for whom he or she is legally responsible takes precedence over voluntarily assumed
2. Responsibility of a person for the support of his
or her own minor children takes priority over any obligations for other relatives.
The eligible unit
shall not be eligible for AFDC
-related Medicaid when
the amount of the legally responsible relative's evaluated capacity to support equals or exceeds his or her
adjusted allowance and this support is actually provided to the eligible unit.
The LRR's contribution shall be considered available only when there is
affirmative and persuasive evidence that such amount or its equivalent in goods or services is in fact
provided to members of the eligible unit
. (For details see
any LRR fails or refuses to provide any portion of his or her contribution the agency shall, within 30 days,
take appropriate action in accordance with available procedures to compel contribution in the amount of the
adjusted allowance or the evaluated capacity to support, whichever is less.
Whenever the LRR fails or refuses to furnish information concerning his
or her ability to support members of the eligible unit
, it shall be deemed a failure or refusal to provide
support as required by law.
i. In such cases the agency shall take
appropriate action within 30 days, in accordance with available procedure to secure judicial determination of
the LRR's ability to support the eligible unit member(s). Until such determination is made, each LRR shall be
considered a potential resource.
For a LRR in the
home of the eligible unit
, see N.J.A.C.
it has been determined by judicial process that a child of an applicant for or beneficiary of AFDC-related
Medicaid has been abandoned, deserted or not supported by the applicant or beneficiary during his or her
minority, such person is legally excused and relieved of obligation and shall not be considered a legally
When an individual (under the age of
19) who is himself or herself a parent lives in the same home as his or her own parent(s) or legal
guardian(s), and the adolescent parent applies for AFDC
-C or -F, the income of such parent(s) or legal
guardian(s) shall be considered available to the eligible unit in accordance with the deeming provisions of