N.J. Admin. Code § 10:69-10.41 - Determining amount of LRR support

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

(a) Two sets of standards provide the basis for evaluation of an LRR's capacity to contribute to the support of the eligible unit:
1. Schedule IV-Part A applies to any natural or adoptive parent of eligible AFDC-related Medicaid children who is not a member of the eligible unit (exception: when a stepparent is providing a parent's needs). The monthly income standard is derived from the applicable income eligibility standard plus average medical costs and the standard allowance for expenses of employment.
2. Schedule IV-Part B applies to all other legally responsible relatives, including parents of adolescent parents not living in the same home as the adolescent parent, and is based on the U.S. Bureau of Labor Statistics' moderate standard of living.
(b) Family size of the LRR shall include the following persons, except those who are members of the eligible unit:
1. The LRR and any of his or her minor children who are living with the LRR;
2. The LRR's spouse who is living with him or her; and
3. Any relative of the LRR or of his or her spouse who is and has been customarily living in LRR's home and for whom the LRR or spouse is providing at least one half the support.
(c) When the LRR is married and both the LRR and his or her spouse have income, consider the LRR's income only, including in the family size only the LRR and his or her minor children (see (b) above).
1. When both persons are LRRs, consider their total income and include all persons identified in (b) above in the family size.
(d) The method for determining capacity to support is:
1. Determine the LRR's gross monthly income, including both earned and unearned income;
2. Deduct the verified amount of extraordinary expenses as identified in 10:69-10.39(d);
3. Compare this adjusted income with the applicable monthly income standard on Schedule IV, part A or part B as applicable;
4. When the LRR's adjusted income is less than the applicable standard on the schedule, no capacity to support exists;
5. When the LRR's adjusted income exceeds the applicable standard, the amount derived from Schedule V below shall be the evaluated contribution for support of the eligible unit;
6. The LRR's obligatory contribution shall not exceed the per capita share of the eligible unit's adjusted allowance for the person(s) for whom the LRR is liable.
Schedule IV
Monthly Income Standards
Part A
Parents of AFDC Family Part B
children size All other LRRs
$ 405 1 $ 1120
540 2 1560
675 3 2010
740 4 2455
810 5 2825
875 6 3125
945 7 3420
1015 8 3720
plus $ 70 Each additional person plus $ 300
Schedule V
Table for Establishing LRR's Contribution for Support

Determine the difference between the LRR's adjusted income and the applicable monthly income Standard on Schedule IV. In the table below, find the amount of this difference. The corresponding amount appropriate for the number of persons in the eligible unit for whom the LRR is responsible is the contribution to be made by the LRR.

Persons for Whom LRR is Responsible
Excess 1 2 3 4 5
Income
$ 1-215 $ 65 $ 65 $ 65 $ 65 $ 65
216-325 65 65 65 65 85
326-435 65 65 85 110 110
436-540 65 110 110 130 150
541-650 85 130 150 175 195
651-760 110 150 175 195 240
761-865 130 175 215 240 280
866-975 150 215 260 280 325
976-1085 175 260 305 325 370
1086-1190 195 280 325 370 435
1191-1300 215 325 370 435 475
1301-1410 240 345 410 475 540
1411-1515 260 390 455 520 584
1516-1625 280 435 520 585 650
1626-1735 325 475 565 630 715
1736-1840 345 520 605 695 780
1841-1950 390 565 670 760 845
1951+ 20 percent 29 percent 34 percent 39 percent 43 percent
of adjusted of adjusted of adjusted of adjusted of adjusted
income income income income income

Notes

N.J. Admin. Code § 10:69-10.41

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