N.J. Admin. Code § 10:69-10.39 - Calculation of contributions of legally responsible relatives

Current through Register Vol. 54, No. 7, April 4, 2022

(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

N.J. Admin. Code § 10:69-10.39
Amended by 49 N.J.R. 3729(a), effective 12/4/2017

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