N.J. Admin. Code § 10:87-10.2 - Exemptions from the work registration requirement

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

(a) Exemptions to the work registration requirement shall be determined when the household applies or reapplies for benefits, when there is a change in the employment status of any member of the household, and/or when the 12 month registration period is initiated or renewed. The applicant shall cooperate fully with regard to the establishment of his or her exemption from the work registration requirement. If an applicant fails to cooperate in the determination of his or her exempt status, the county welfare agency shall complete a work registration.
(b) The following persons shall be exempt from the work registration requirement:
1. Program participants or applicants who are under 16 years of age or aged 60 years or over shall be exempt. If a child has its 16th birthday within a certification period, the child shall fulfill the work registration requirement as part of the next scheduled recertification process, unless the child qualifies for another exemption. A person age 16 or 17 who is not the head of household and who is attending school, or enrolled in an NJ SNAP ETP on at least a half-time basis, is exempt;
2. The following shall be exempt from work registration as essential persons:
i. One parent or other household member who has responsibility for the care of a dependent child under six years of age, or who cares for an incapacitated person, shall be exempt. If the child has its sixth birthday within a certification period, the individual responsible for the care of the child shall fulfill the work requirement as part of the next scheduled redetermination process, unless the individual qualifies for another exemption;
3. Persons enrolled at least half-time (as defined by the institution or program in which they are enrolled) in any school, training program or institution of higher education, which is recognized by any Federal, State or local government agency shall be exempt.
i. Once a student enrolls in an institution of higher education, such enrollment shall be deemed to continue through normal periods of class attendance, vacation and recess unless the student graduates, is suspended or expelled, drops out, or does not intend to register for the next normal school term, excluding summer school.
ii. Persons enrolled in correspondence courses, where physical attendance is not regularly required, shall not be considered students for the purposes of this subparagraph;
4. Adults who are physically or mentally unfit for employment shall be exempt. If a mental or physical disability is claimed and the disability is not evident, verification shall be required.
i. The following shall be considered evidence of incapacity:
(1) Current eligibility for SSI benefits for the blind or disabled, with the exception of "essential persons" (as defined by SSA);
(2) Current receipt of temporary or permanent disability benefits issued by governmental or private sources; and/or
(3) A statement from a physician or licensed or certified psychologist, which substantiates the applicant's claim of disability (the certification worker may obtain such medical verification in writing or by telephone). A statement from a chiropractor shall not considered as evidence of incapacity.
ii. The certification worker shall document all facts relevant to, and verification methods utilized, in the determination of incapacity;
5. Persons who are employed or self-employed at least 30 hours per week or receiving weekly earnings equal to the Federal minimum wage multiplied by 30 hours shall be exempt. This shall include migrant and seasonal farm workers who are under contract or similar written agreement with an employer or crew chief to begin employment within 30 days, although this shall not prevent individuals from seeking additional services from NJ SNAP ETP. "Working" is defined as work in exchange for money, or work in exchange for goods or services (in-kind work).
i. Persons engaged in hobbies or volunteer work or any other activity, which cannot, because of the minimal amount of monies received from such activity, be considered gainful employment, shall not be exempt from work registration, regardless of the amount of time spent in such activity;
6. A substance abuser who regularly participates, as a resident or nonresident, in a substance abuse treatment and rehabilitation program, which has been certified as such by the Department of Human Services, Division of Mental Health and Addiction Services, shall be exempt.
i. Prior to certification, the regular participation of a substance abuser in such a program shall be verified with the appropriate organization or center.
ii. An approved center shall be in possession of a letter from the Department of Human Services, Division of Mental Health and Addiction Services, verifying certification by that agency;
7. Persons subject to and in compliance with a WFNJ/TANF work or training activity are exempt from NJ SNAP work registration and participation in NJ SNAP ETP.
i. Persons failing to comply with a WFNJ/TANF requirement shall be disqualified in accordance with the provisions at 10:87-10.16. The CWA shall provide a notice of adverse action within 10 days after learning of the noncompliance with the WFNJ/TANF requirement.
ii. If an individual who is disqualified for failure to comply with a WFNJ/TANF work requirement complies with the requirement in the middle of the disqualification, he or she may reapply for NJ SNAP benefits and, if otherwise eligible, resume participation.
iii. Households with a member who fails to comply with a WFNJ/TANF work or training requirement are subject to the provisions of the Riverside Rule (10:87-5.7(c) );
8. Persons in receipt of unemployment compensation and persons who have applied for, but have not yet begun receiving unemployment compensation shall be exempt.
i. Persons failing to comply with an unemployment compensation requirement shall be disqualified in accordance with the provisions at 10:87-10.16. The CWA shall provide a notice of adverse action within 10 days after learning of the noncompliance with the unemployment compensation requirement.
ii. If an individual who is disqualified for failure to comply with an unemployment compensation requirement complies with the requirement in the middle of the disqualification, he or she may reapply for NJ SNAP benefits and, if otherwise eligible, resume participation;
9. Household members who are entitled to joint processing shall be exempt from work registration until they are determined eligible for SSI and therefore exempt from work registration in accordance with (b)4 above. If ineligible for SSI and where applicable, a determination of such an individual's work registration status will then be made through recertification procedures; and
10. Pregnant women in their third trimester.

Notes

N.J. Admin. Code § 10:87-10.2
Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
This section was originally "Definitions of FSP terms"; the text was repealed and the new section was recodified from 3.13(b).
Amended by R.1990 d.565, effective 11/19/1990.
See: 22 N.J.R. 2219(a), 22 N.J.R. 3486(a).
Deleted requirements that the number of persons disqualified from the Food Stamp Program for failure to comply with an employment and training (E & T) requirement or the number of E & T participants who become employed be identified on the FNS-583 Report.
Repealed by R.1998 d.498, effective 10/5/1998.
See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b).
Section was "State Plan requirements".
Amended by R.1989 d.121, effective 2/21/1989.
See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b).
The original section was "document library" and was repealed. The new section was recodified from 3.18 (a)-(b).
Amended by R.1990 d.270, effective 5/21/1990.
See: 22 N.J.R. 139(a), 22 N.J.R. 1599(a).
In (b)7: clarified exemption for General Assistance and REACH work or training participants.
In (7): Deleted i. and ii. and added new text at 7 i-iv., clarifying GA and REACH recipients' exemption from food stamp work registration requirement.
Amended by R.1998 d.498, effective 10/5/1998.
See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b).
In (b), deleted a former 4i(4), rewrote 7, and deleted a former 10.
Amended by R.1999 d.6, effective 1/4/1999.
See: 30 N.J.R. 3451(a), 31 N.J.R. 69(a).
In (b)8ii, substituted a reference to WFNJ/TANF for a reference to AFDC.
Recodified from N.J.A.C. 10:87-10.7 and amended by R.2004 d.181, effective 5/17/2004.
See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a).
Rewrote the section. Former 10:87-10.2 was reserved.
Amended by R.2007 d.129, effective 5/7/2007.
See: 38 N.J.R. 4374(a), 39 N.J.R. 1719(a).
In (b)5, inserted last sentence; and added (b)10.
Amended by R.2012 d.031, effective 2/6/2012 (operative March 7, 2012).
See: 43 N.J.R. 2114(a), 44 N.J.R. 241(a).
Rewrote (b).

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