reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-1 - Definitions.

44:7-1 Definitions.
44:7-1. As used in this chapter:
"Commissioner" means the Commissioner of Human Services.
"State board" means the State Board of Human Services.
"State division" means the bureau of assistance as set up within the Department of Human Services.
"Director of old age assistance" means the chief of the State bureau of assistance.
"Director of welfare" means the director of the county welfare board.
"County welfare board" means the boards established within the several counties for the purposes of administering welfare to the needy, whether set up under the authority of this chapter or pursuant to any other laws of this State.
"Assistance" means money payments to or on behalf of eligible persons.
"Old age assistance" means assistance to aged needy persons as provided by this chapter, and, unless otherwise indicated, includes all programs of assistance for other specified classes of persons authorized to be administered by or through the county welfare boards.
"County adjuster" means the official of that designation authorized to act in cases of commitment or admission of persons who have a mental illness to State or county hospitals for the insane.
"Federal aid" means grants-in-aid to the State as provided for in the Federal Social Security Act, approved August 14, 1935, as amended.
"Institution" means any establishment, whether in single or multiple dwellings, whether public or private, whether incorporated or unincorporated, whether for profit or nonprofit, operated at the direction of or under the management of an individual or individuals, corporation, partnership, society, or association, which furnishes food and shelter for 4 or more persons unrelated to the proprietor and which provides medical or nursing service or any other personal care or service beyond food, shelter, and laundry, to any 1 or more of such persons.
amended 1953, c.213, s.1; 1962, c.222, s.9; 2013, c.103, s.119.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-2 - Construction

44:7-2. Construction
This chapter shall be liberally construed and nothing therein shall be construed as repealing any other law or part thereof providing for the settlement and relief of the poor except in so far as inconsistent therewith, and the provisions of this chapter shall be construed as an additional method of supporting and providing for aged poor persons. The provisions of this chapter shall not be construed to terminate, alter or affect any assistance furnished prior to March sixteenth, one thousand nine hundred and thirty-six, or being furnished on said date under any law of this state. The provisions contained in this chapter shall not be construed to be exclusive and shall not be construed to repeal other provisions of the law not inconsistent therewith. Any particular grant of power contained in this chapter shall be held to be in specification but not in limitation of general powers. Nothing in this chapter shall operate to repeal or nullify the provisions of Title 11, Civil Service.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-3 - Persons entitled to old age assistance; applications

44:7-3. Persons entitled to old age assistance; applications
Subject to the provisions of this chapter, every needy person, sixty-five years of age or upwards, residing in this State, and otherwise qualified as hereinafter set forth, shall be entitled to old age assistance. All persons wishing to make application for old age assistance shall have opportunity to do so and assistance shall be furnished with reasonable promptness to all of such persons who are found eligible.
Amended by L.1938, c. 361, p. 901, s. 1, eff. July 1, 1938; L.1943, c. 164, p. 476, s. 2; L.1952, c. 24, p. 108, s. 1, eff. July 1, 1952.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-5 - Eligibility of applicants; details

44:7-5. Eligibility of applicants; details
Old age assistance shall be granted under this chapter to any person who:
a. Has attained the age of 65 years;
b. Lacks adequate support; is unable to support himself; is without parents, spouse, or children able to support him and without other persons able and willing to support him;
c. Is a resident of this State;
d. Is not involuntarily confined in any public or private institution other than a medical institution;
e. Has not made a voluntary assignment or transfer of property for the purpose of qualifying for such assistance or for the purpose of evading responsibility under section 44:7-14 of this Title;
f. Is found, after due investigation and determination as hereinafter provided, to be in need of assistance.
Amended by L.1938, c. 361, p. 901, s. 2, eff. July 1, 1938; L.1942, c. 173, p. 534, s. 1; L.1943, c. 164, p. 476, s. 3; L.1944, c. 84, p. 164, s. 1; L.1952, c. 24, p. 109, s. 2; L.1953, c. 213, p. 1613, s. 2; L.1962, c. 222, s. 10; L.1966, c. 190, s. 1; L.1969, c. 226, s. 1.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-6.1 - Wages and terms and conditions of employment; collective negotiation with authorized employee organization

44:7-6.1. Wages and terms and conditions of employment; collective negotiation with authorized employee organization
Notwithstanding the provisions of R.S. 44:7-6 or P.L.1950, c. 166 (C. 30:4B-1 et seq.), a county welfare agency has complete authority to establish wages and terms and conditions of employment for its employees through collective negotiation with an authorized employee organization. The agreement between the county welfare agency and authorized employee organization is binding on both parties and is not subject to approval by the Commissioner of Human Services or his designee, except as provided in sections 2 and 3 of this act.
L.1984, c. 14, s. 1, eff. March 8, 1984.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-6.2 - Negotiated agreement not in compliance with federal law and endangers receipt of federal funds; notice; hearing; determination; authority of commissioner

44:7-6.2. Negotiated agreement not in compliance with federal law and endangers receipt of federal funds; notice; hearing; determination; authority of commissioner
a. If the Commissioner of Human Services determines that (1) a provision in an agreement between a county welfare agency and an authorized employee organization is not in compliance with federal law, and (2) continued receipt of federal funds is thereby endangered, then the commissioner shall so advise the county welfare agency and authorized employee organization in writing and specify the federal law with which the agreement is not in compliance and the reason why it is not in compliance.
b. If the commissioner is notified by the federal government that the State's administration of a federal assistance program does not appear to be in compliance with federal law because of a provision in a negotiated agreement between a county welfare agency and an authorized employee organization, the commissioner shall so notify the county welfare agency and authorized employee organization in writing.
c. When the commissioner notifies a county welfare agency and authorized employee organization pursuant to this section, the commissioner shall provide the county welfare agency and authorized employee organization with (1) an opportunity to meet with him to determine if the commissioner's finding is correct and (2) an opportunity to conform voluntarily to any change found by the commissioner to be necessary in order to be in compliance with federal law.
d. If the commissioner subsequently makes a final determination that the county welfare agency's and authorized employee organization's negotiated agreement is not in compliance with federal law, he shall exercise the authority provided to him in R.S. 44:7-6 over wages and terms and conditions of employment in that county welfare agency only to the extent necessary to ensure that the agreement is in compliance with federal law.
L.1984, c. 14, s. 2, eff. March 8, 1984.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-6.3 - Action or notice of action to be taken on wages or terms and conditions of employment by federal government; consultation on position by commissioner

44:7-6.3. Action or notice of action to be taken on wages or terms and conditions of employment by federal government; consultation on position by commissioner
If the federal government initiates an action or notifies the Commissioner of Human Services of any action it may take that affects any wages or term and condition of employment in a county welfare agency, the commissioner shall consult with the county welfare agency and authorized employee organization which potentially may be affected with regard to the position on the federal action that the commissioner takes.
L.1984, c. 14, s. 3, eff. March 8, 1984.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-7 - County welfare boards; creation; organization; membership; terms; vacancies; expenses

44:7-7. County welfare boards; creation; organization; membership; terms; vacancies; expenses
The board of chosen freeholders of each of the several counties shall cause to be established in the respective counties, where such is not already established, a county welfare board, having as one of its duties the supervision of old age assistance, but nothing in this chapter shall be construed to affect the membership of any welfare board established prior to March 16, 1936, or the term of service of any employee theretofore appointed by any such welfare board. Such boards are hereby created corporate entities, with power to sue and be sued, to use a common seal and to make bylaws. The members of said welfare board shall be appointed by the boards of chosen freeholders in and for the respective counties, and shall be constituted and composed as provided in R.S. 44:1-11. Citizen members shall hold their offices for five years, except that the first appointments shall be respectively for 1, 2, 3, 4 and 5 years, which terms, as to duration, shall be in the order of appointments as made and indicated. Vacancies in such offices shall be filled for the unexpired term only. The holding of any other office by any member of said county welfare board shall not constitute such holding as incompatible with his office as member of such county welfare board. They shall meet regularly once each month, and at such other times as may be necessary or as they may by rule provide. Attendance at any meeting of any such board by four members, at least two of whom shall be citizen members, may constitute a quorum for the transaction of business under this chapter. They shall serve without compensation, but their necessary expenses shall be allowed and paid in the same manner as other expenses are paid by the county welfare board.
Amended by L.1938, c. 361, p. 904, s. 4, eff. July 1, 1938; L.1972, c. 105, s. 4, eff. July 27, 1972.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-8 - Powers of county welfare boards; funds provided by freeholders

44:7-8. Powers of county welfare boards; funds provided by freeholders
The county welfare boards shall receive and act upon applications for assistance under and in accordance with this chapter, and do all other acts and things necessary in connection with the same for the purpose of administering and carrying out the provisions of this chapter. Funds for the administration of this chapter, and the payment of old age assistance granted thereunder, shall be provided by the board of chosen freeholders of each and every county and by the state in the manner hereinafter provided.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-10 - Duties of secretary-treasurer; bond

44:7-10. Duties of secretary-treasurer; bond
The secretary-treasurer of the county welfare board shall receive from the county treasurer of his respective county such sums as shall represent the county's appropriation for old age assistance and the administration thereof as herein provided, and shall receive from the State such sums as represent the State's share for old age assistance and the administration thereof as provided in sections 44:7-25 to 44:7-27 of this Title, and shall cause said sums to be set up in a special account or accounts subject to disbursement by the county welfare board in accordance with this chapter. Said secretary-treasurer shall furnish bond conditioned on the faithful performance of his duties, in an amount to be fixed by the welfare board, subject to the approval of the State division.
Amended by L.1938, c. 361, p. 906, s. 6, eff. July 1, 1938.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-11 - Director of welfare; working test period; duties; qualifications; deputy director; civil service classification of director and deputy

44:7-11. Director of welfare; working test period; duties; qualifications; deputy director; civil service classification of director and deputy
The county welfare board shall appoint a director of welfare, who shall have the qualifications herein provided. The county adjuster, when qualified, may be appointed to this office, but when so appointed shall not serve as an ex-officio member of the county welfare board.
The director of welfare shall be and hereby is classified in the competitive class of the classified service as defined and provided in Title 11, Civil Service, notwithstanding the county welfare board may not otherwise be operating under the provisions of Title 11, Civil Service. Directors of welfare hereafter appointed shall have a working test period, as otherwise defined and governed by sections 11:12-1 and 11:12-2, which shall be not shorter than six months and which shall, on request of the appointing authority, be extended for an additional period or periods not to exceed a total of twelve months including the initial period.
He shall be the clerk of the county welfare board and shall serve as such without additional compensation. He shall be the chief executive and approval officer of the county welfare board, and shall exercise all the powers pertaining thereto.
He shall be a citizen of the State and of the United States, shall be capable of making and keeping such records and reports as are lawfully required, shall have adequate knowledge of the laws concerning old age assistance and shall be a trained and qualified expert in the field of welfare service, with administrative experience therein.
The county welfare board may appoint a deputy director of welfare, who shall have qualifications necessary to the appointment of directors of welfare and be under the supervision of such director of welfare, and be vested, on approval of the county welfare board, with the same powers as the director of welfare. The deputy director of welfare shall be and hereby is classified in the competitive class of the classified service as defined and provided in Title 11, Civil Service, notwithstanding the county welfare board may not otherwise be operating under the provisions of Title 11, Civil Service.
Amended by L.1938, c. 361, p. 906, s. 7; L.1938, c. 382, p. 956, s. 1; L.1939, c. 311, p. 754, s. 1; L.1940, c. 186, p. 557, s. 3, eff. Sept. 1, 1940.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-12 - Relief granted by county welfare boards; amount and nature; treatment other than medical treatment

44:7-12. Relief granted by county welfare boards; amount and nature; treatment other than medical treatment
The county welfare board, as the bureau of old age assistance, shall receive and act upon applications filed pursuant to this chapter, and shall extend to those persons found to be eligible under the provisions of this chapter assistance adequate to provide for their reasonable maintenance and well-being. Old age assistance shall be granted in the form of cash or check. Necessary medical and health services and supplies may be granted in addition thereto in accordance with regulations of the State division. The amount and nature of assistance which any person shall receive, the manner of providing it, and the conditions upon which it is granted, shall be determined by the county welfare board as the bureau of old age assistance with due regard to the conditions existing in each case, in accordance with the rules and regulations of the State division except that the director of welfare shall be empowered to initiate, alter, suspend, or terminate grants of old age assistance as hereinafter provided subject to revision, continuance or discontinuance of the county welfare board at its next subsequent meeting. Such assistance shall be provided for the recipient only while living in his own or some other suitable family home or approved institution within this State, except that upon special resolution by the county welfare board and approval from the State division such assistance may be continued for such periods as the State division may by regulation prescribe for any individual already receiving same who moves outside the State of New Jersey, in any case where the State division finds that the State to which such individual has moved is willing to provide such supervision and to make such reports as the State division may require, but such assistance outside the State of New Jersey shall in no event be continued after the individual acquires eligibility, with respect to residence, for any form of public assistance in the State to which he has moved.
Nothing in this chapter shall be construed to preclude, in lieu of medical treatment or institutional care, other appropriate treatment or institutional care where it can be shown that the person receiving the benefits under this chapter is an adherent of any well-recognized church or religious denomination which subscribes to the art of healing by prayer and the principles of which are opposed to medical treatment; provided, that such appropriate treatment is administered by a spiritual practitioner of such church or religious denomination, or that the institutional care is in an institution licensed by the Department of Institutions and Agencies, and that the provisions of this chapter are complied with in all other respects.
Amended by L.1938, c. 361, p. 908, s. 8; L.1939, c. 338, p. 819, s. 1, eff. Aug. 17, 1939; L.1943, c. 164, p. 477, s. 4; L.1944, c. 84, p. 165, s. 2; L.1953, c. 213, p. 1614, s. 3, eff. July 1, 1953.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-13 - Burial of old-age assistance recipient

44:7-13. Burial of old-age assistance recipient
If, on the death of a person receiving old-age assistance, it shall appear to the satisfaction of the county welfare agency after investigation that there are insufficient funds to pay his burial and funeral expenses, and that there are no relatives or other persons responsible to pay such expenses, or other persons willing to pay them, the county welfare agency may order the payment of such sum as may be necessary pursuant to P.L. 1985, c. 282 to such person as the county welfare agency may direct for the funeral expenses of the deceased aged needy person and an additional sum for the cost of a cemetery plot, the opening or closing of a grave, or other similar burial or interment expenses which sum shall be determined pursuant to P.L. 1985, c. 282, and shall be paid by the county welfare board directly to the cemetery expressly for such purposes. The next of kin or other interested parties may incur additional expenses to be paid by them, but the total cost of such expenses shall be established by regulation of the Department of Human Services pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) and in accordance with P.L. 1985, c. 282.
Any sum so ordered to be paid for or on account of burial and funeral expenses shall be first paid, so far as possible, from any fund otherwise undistributed received by the county welfare agency from or for the account of the individual recipient, and may thereafter be paid, so far as necessary, from funds appropriated for old-age assistance payments. Any amounts so paid from funds appropriated for old-age assistance payments shall be deemed a part of the assistance granted to the individual recipient for the purpose of claims for reimbursement, and recovery under sections 44:7-14, 44:7-15 and 44:7-19, Revised Statutes, and shall be a proper charge for division of cost between the State and county as referred to in section 44:7-25 of this Title.
Payment of burial and funeral expenses as provided above may be authorized with respect to any person who, while lawfully receiving old-age assistance is committed or admitted to any tax-supported institution other than a penal or correctional institution, and who dies while confined at such institution.
The county welfare agency shall not be liable to pay costs of burial and funeral expenses for a deceased recipient of old-age assistance incurred pursuant to a contract or contracts entered into without the knowledge and consent of the board, but may, at its discretion, pay such costs, or a portion thereof, within the limitations of this section.
Amended by L. 1938, c. 361, p. 908, s. 9, eff. July 1, 1938; L. 1949, c. 247, p. 793, s. 1; L. 1953, c. 213, p. 1616, s. 4; L. 1959, c. 128, p. 567, s. 1, eff. July 1, 1959; L. 1968, c. 212, s. 1, eff. July 19, 1968; L. 1979, c. 324, s. 1, eff. July 1, 1980; L. 1985, c. 282, s. 2.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-14 - Recipient to pledge property

44:7-14. Recipient to pledge property
44:7-14. (a) Every county welfare board shall require, as a condition to granting assistance in any case, that all or any part of the property, either real or personal, of a person applying for old age assistance, be pledged to said county welfare board as a guaranty for the reimbursement of the funds so granted as old age assistance pursuant to the provisions of this chapter. The county welfare board shall take from each applicant a properly acknowledged agreement to reimburse for all advances granted, and pursuant to such agreement, said applicant shall assign to the welfare board, as collateral security for such advances, all or any part of his personal property as the board shall specify.
The agreement to reimburse shall provide that the filing of notice thereof as hereinafter provided, is to have the same force and effect as a judgment of the Superior Court. It shall contain therein a release of dower or curtesy, as the case may be, of the spouse of the recipient of old age assistance, and the spouse shall agree to reimburse the county welfare board for all advances made to the recipient. Such release and joinder shall be as valid and effectual as if the spouse had joined the recipient in a conveyance of the property to a third person, and the grant of old age assistance, being contingent upon such joinder by the spouse, shall be good and valuable consideration therefor. Old age assistance shall not be granted to any applicant without joinder by the spouse in the agreement to reimburse except upon the showing of good and sufficient cause as the State Division shall by regulation define.
(b) Upon making a grant of old age assistance the county welfare board shall file with the county clerk or register of deeds and mortgages, as the case may be, in any county, a notice of the above mentioned agreement to reimburse, which notice as of the date of such filing shall have the same effect as a lien by judgment of the Superior Court, and any real estate or lands in which the recipient or spouse has a title or interest, shall thereupon become charged and encumbered with a lien for old age assistance granted the recipient and said notice shall have priority over all unrecorded encumbrances. No fees or costs shall be paid for filing such notices.
Amended 1938,c.361,s.10; 1943,c.164,s.5; 1945,c.273,s.1; 1953,c.42,s.32; 1991,c.91,s.443.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-16 - Record of reimbursement agreements; satisfaction

44:7-16. Record of reimbursement agreements; satisfaction
The county clerks or registers of deeds and mortgages, as the case may be, shall record in a book to be known as "reimbursement agreements" the said certificates, and shall make a complete alphabetical index to the same, and no clerk or register shall charge any fee therefor. Whenever a county shall have received satisfaction for such judgments, the county welfare board shall enter an acknowledgment of satisfaction upon the record of said judgments, without charge.
Amended by L.1953, c. 42, p. 788, s. 34, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-17 - Application for assistance

44:7-17. Application for assistance
An applicant for old age assistance shall make his application therefor to the county welfare board for the county in which the applicant resides. The person requesting assistance may apply in person or the application may be made by another in his behalf. The application shall be made in writing or reduced to writing, in manner and form prescribed by the state division. All statements in the application shall be verified under oath by the applicant.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-18 - Investigation of and notice to applicant; review of determination

44:7-18. Investigation of and notice to applicant; review of determination
When the county welfare board receives an application for old age assistance, an investigation and record shall promptly be made of the circumstances of the applicant. The object of such investigation shall be to ascertain the facts supporting the application and such other information as may be required by the rules of the State division. When immediate need is apparent and the applicant provides evidence of eligibility by a written statement signed and verified under oath, the director of welfare shall issue a grant of old age assistance effective as of the date of application and pending completion of such investigation. Upon the completion of such investigation the county welfare board shall decide whether the applicant is eligible for and should receive or continue to receive old age assistance, the amount of assistance, the manner of paying or providing it, and as appropriate, the date on which the assistance shall begin; provided, however, that if the completed investigation shows the applicant to have been ineligible for reasons other than need, the county welfare board shall not be obligated, in the absence of fraud or misrepresentation, to take action for the recovery of any assistance granted pending completion of such investigation. It shall notify the applicant of its decision in writing.
The county welfare board shall at once report to the State division its decision in each case together with copies of such supporting records as the State division may require. Such decision shall be final, except that where an application is not acted upon by the county welfare board within 30 days after the filing of the application, or the application is denied, or the grant is deemed inadequate, either by the State division or by the applicant, the State division may review the case in its discretion or the applicant may appeal to the State division by filing a petition with the division setting forth the facts in full as to the necessity of such assistance. Whereupon a representative of the State division shall hold a fair hearing on the appeal, and if the appeal is sustained by the State division the payments of assistance in the amount determined by the State division must be paid by said county welfare board as herein provided.
Amended by L.1938, c. 361, p. 910, s. 12, eff. July 1, 1938; L.1943, c. 164, p. 478, s. 5; L.1944, c. 84, p. 166, s. 3; L.1953, c. 213, p. 1617, s. 5; L.1968, c. 139, s. 1, eff. Jan. 1, 1969; L.1969, c. 222, s. 1.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-19 - Assistance by relatives; enforcement

44:7-19. Assistance by relatives; enforcement
44:7-19. The county director of welfare in cases of application for old age assistance shall ascertain, if possible, the relatives and other persons chargeable by law for the support of such applicant, and proceed to obtain their assistance for such applicant or to compel them to render such assistance as is provided by law in such cases, or if such relatives or other persons are not chargeable by law with the support of such applicant but able and willing to do so, in whole or in part, the director of welfare may contract, in writing, with such persons for the support of such applicant.
Should any relative or other person responsible for the support of an applicant for old age assistance fail to perform the order or direction of the director of welfare with regard to the support of such applicant, the Superior Court may, upon certification in writing of the director of welfare or of two residents of the municipality or county, summon or otherwise direct the appearance of the persons chargeable and subpoena witnesses, and compel the production of books, records, and other documents as may be pertinent, and shall, in a summary way, inquire into the cause of such failure to perform the order or direction of the director of welfare, and may order and adjudge the able relatives or other persons responsible for the support of such applicant to pay such sum or to deliver to the court or to the director of welfare such other pledge or guaranty as the circumstances may require in the discretion of the court for each such applicant. However, where it shall appear that the person or persons sought to be held were the child or children of the applicant for old age assistance and were abandoned and deserted by the applicant who failed to support and maintain them during minority, the Superior Court may revoke the order of the director of welfare or reduce the amount of said order against such child or children, in proportion to the actual support and maintenance rendered by said applicant to the child or children sought to be held. Any child now under an order to support an applicant for old age assistance may apply to the Superior Court which issued said order for the revocation or reduction of said order in accordance with the terms of this provision. Violation of any such order of the court shall be a contempt of said court and punishable as such.
The county welfare board may also bring appropriate action in any court of competent jurisdiction to recover any sum of money due for assistance given any person under this chapter against such person or against any other persons chargeable by law for the support of such person.
Amended 1938,c.361,s.13; 1940,c.57; 1943,c.164,s.7; 1953,c.42,s.35; 1991,c.91,s.444.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-20 - Director's power to issue subpoenas; contempt; false testimony

44:7-20. Director's power to issue subpoenas; contempt; false testimony
44:7-20. For the purpose of ascertaining and determining the facts and circumstances concerning any application for assistance made under this chapter the county director of welfare shall have power, in his discretion, to compel the attendance of the applicant and other persons in this State and the production of books, records and other documents in this State pertinent to such examination. The director of welfare may administer oaths for the purpose of such examination. Upon any misconduct or failure to obey any summons or subpoena issued to an applicant by the director, or failure to testify by the applicant, the director may, in his discretion, subject to the approval of the county welfare board, reject the application for assistance. Any misconduct or failure to obey any summons or subpoena issued to an applicant or any other person by the director, or failure to testify by the applicant or other such person, shall be punishable by the Superior Court as a contempt is punishable in a case pending in the court. But no commitment shall be ordered for a period exceeding 90 days.
Any applicant or other person who shall knowingly give false testimony before the director shall be guilty of a misdemeanor.
Amended 1938,c.361,s.14; 1953,c.42,s.36; 1957,c.61; 1991,c.91,s.445.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-21 - Report when application granted; change of amount of assistance; cancellation, revocation or suspension

44:7-21. Report when application granted; change of amount of assistance; cancellation, revocation or suspension
If the application for assistance be granted, the county welfare board shall report the fact to the State division.
The amount of assistance may at any time be changed if the county welfare board finds that such change is warranted by the recipient's circumstances. The county welfare board may at any time cancel and revoke old age assistance for cause, and it may, for cause, suspend payments for old age assistance for such periods as it may deem proper, subject to review by the State division as provided elsewhere in this chapter.
Amended by L.1943, c. 164, p. 481, s. 8, eff. April 9, 1943.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-22 - Reconsideration of grant; revised grant

44:7-22. Reconsideration of grant; revised grant
All old age assistance under this chapter shall be reconsidered from time to time as may be provided for by the rules of the state division. After such further investigation as the county welfare board may deem necessary or the state division may require, the amount and manner of giving assistance, or the conditions upon which it is given, may be changed, or the assistance may be withdrawn if the county welfare board finds that such action is warranted by the recipient's circumstances or for cause.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-23 - Reports by county welfare board to state division

44:7-23. Reports by county welfare board to state division
The county welfare board shall report to the state division at such times and in such manner and form as the division may prescribe, the number of applications granted and the grants of old age assistance changed, revoked or suspended under this chapter by such county welfare board, together with copies of all applications and supporting affidavits received, and a statement of the action of such county welfare board thereon, and shall report the amount of assistance to aged needy persons paid out under this chapter by the county welfare board and make such other reports, as the state division may require either by rules or requests in individual cases.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-24 - Ascertainment and appropriation of county's share of cost; temporary rates; payments

44:7-24. Ascertainment and appropriation of county's share of cost; temporary rates; payments
Subject to payment of the State's share, each county welfare board shall furnish old age assistance as provided in this chapter to the persons eligible therefor in its jurisdiction. The county welfare board, by and with the advice and consent of the State division, shall annually fix and determine and report to its board of chosen freeholders a sum sufficient to pay the estimated amount of the county's proportionate share needed for old age assistance. Each board of chosen freeholders shall appropriate and make available such amount to the order of the respective county welfare boards, together with a sufficient sum to defray administrative expenses to be incurred in connection therewith, and shall include such sums in the taxes to be levied in the territory responsible for such old age assistance. Should the sum so appropriated, however, be expended or exhausted, during the year and for the purpose for which it was appropriated, additional sums shall be appropriated by such boards of chosen freeholders as occasion demands to carry out the provisions of this chapter, from funds in the county treasury available therefor. Where such county funds are not available or adequate, or should there be no such county funds, such additional sums shall be raised by temporary loans or notes, certificates of indebtedness or temporary loan bonds, to be issued as otherwise provided and limited by law for counties of this State, and the amounts necessary to pay such obligations shall be placed in the budget for the next ensuing fiscal year.
Payments of county funds needed for assistance under this chapter and for the administration thereof by the county welfare board shall be made monthly by the treasurer of the county upon the requisition of and to the secretary-treasurer of the county welfare board.
Amended by L.1938, c. 361, p. 913, s. 15, eff. July 1, 1938.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-25 - State's share; additional payment

44:7-25. State's share; additional payment
44:7-25. The State shall pay to each county welfare board the full amount of any funds received by the State from the federal government as federal participation with respect to expenditures made by such county welfare board for old age assistance, including burial and funeral expenses and terminal medical and nursing costs, plus an additional amount of 75% of the balance of such expenditures after deducting the amount of such federal participation. During the period July 1 through December 31 of each year the State shall pay to each county an amount equal to the county share of the total expenditures for the period January 1 through December 31 of that year. The State shall also pay to each county welfare board the full amount of any funds received by the State from the federal government as federal participation with respect to the costs of administration of the program of old age assistance by such county welfare board.
Amended 1943,c.164,s.9; 1949,c.247,s.3; 1952,c.24,s.3; 1953,c.213,s.6; 1968,c.139,s.2; 1990,c.66,s.11; 1991,c.63,s.17.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-26 - Claims for state's share filed monthly; approval and payment

44:7-26. Claims for state's share filed monthly; approval and payment
Claims for the state's share as provided in section 44:7-25 of this title shall be presented monthly in advance by the county welfare board through the state division to the comptroller of the treasury, and shall be paid to the treasurers of the respective county welfare boards.
The approval of such claims shall be made by the state division which shall certify to the comptroller of the treasury the amount to which each county is entitled. The amount so certified shall be paid from the state treasury upon the audit and warrant of the comptroller to the treasurers of the respective welfare boards.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-27 - Allotment of federal funds; payment

44:7-27. Allotment of federal funds; payment
Any funds received by the State from the Federal Government for administrative costs of old age assistance shall be ratably shared by the State division and the several county welfare boards in proportion to their respective annual approved expenditures for administration of old age assistance. The State shall pay to each county welfare board the allotment so determined and approved, at such times as the State division may by regulation prescribe. The State division shall certify to the Comptroller of the Treasury the amount to which each county is entitled, and the amount so certified shall be paid from the State treasury upon the audit and warrant of the Comptroller to the treasurers of the respective welfare boards.
Amended by L.1938, c. 361, p. 914, s. 16, eff. July 1, 1938.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-28 - Governor to include state's share in budget; annual appropriation

44:7-28. Governor to include state's share in budget; annual appropriation
The governor shall fix and determine and state in his annual budget message a sum sufficient to pay the estimated amount of the state's net share of old age assistance as provided in section 44:7-25 of this title, together with the deficiencies, if any, incurred in any previous year. The legislature shall include the amount so determined and stated in the annual appropriation bill.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-29 - State treasurer to receive federal funds; adjustment between contributing agencies

44:7-29. State treasurer to receive federal funds; adjustment between contributing agencies
The State Treasurer may receive from the Federal Government such grants of money as shall represent the Federal Government's share of old age assistance and the administration cost thereof granted pursuant to Title I of the Federal Social Security Act, and shall cause said money grants to be set up in a special account or accounts subject to disbursement by the State division on the warrant of the Comptroller in the same manner as other funds of the State are disbursed. The State division may determine and cause to be made such financial adjustments as are necessary to maintain the proper proportion of contribution by the counties, State and Federal Government, pursuant to the provisions of this chapter and the Federal Social Security Act, and to pay to the Treasurer of the United States its ratable portion, not exceeding one-half, of all sums recovered by way of reimbursement under section 44:7-15 of this Title.
Amended by L.1938, c. 361, p. 915, s. 17, eff. July 1, 1938.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-30 - County and state settlement; liability of respective counties

44:7-30. County and state settlement; liability of respective counties
For the purposes of this chapter, any person applying for old age assistance shall be deemed at all times a resident of that county in which he maintains his customary place of abode and the responsibility for any application and for the payment of old age assistance resulting therefrom shall be transferred among the several county welfare boards as the recipient's county residence shall change, except that:
(a) Absence from or visitation outside of the county of customary abode, but within this State, if of a temporary character, shall not be considered to constitute a change of county residence; but any such absence or visitation shall be deemed permanent if continued for more than three months;
(b) Removal from the county of customary abode for the purpose of entering a public institution or private custodial or curative establishment, whether licensed or otherwise, shall not be considered to constitute a change of county residence regardless of the length of confinement in such institution or establishment;
(c) Absence from or visitation outside the State of New Jersey shall not be considered to constitute a change of county residence, but no payments of old age assistance shall be issued to any approved recipient during such absence except as may be specially approved by the county welfare board and the State division pursuant to sections 44:7-6 or 44:7-12 of this chapter.
The provisions of this chapter, together with rules and regulations of the State division issued pursuant thereto, shall constitute the sole basis of determining residence requirements insofar as eligibility for old age assistance and the fixing of county responsibility for paying old age assistance is concerned, but nothing in this chapter shall be construed to alter or affect the length of time required to gain legal settlement under the provisions of any other law of this State.
Amended by L.1938, c. 361, p. 915, s. 18, eff. July 1, 1938; L.1943, c. 164, p. 482, s. 10, eff. April 9, 1943.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-31 - Complaint filed when assistance improperly granted; investigation; payments suspended or canceled

44:7-31. Complaint filed when assistance improperly granted; investigation; payments suspended or canceled
Any person who has knowledge that old age assistance is being improperly granted or administered under this chapter may file a complaint in writing with the State division setting forth the particulars of such violation. Upon receipt of such complaint, the director of old age assistance, or his representative, shall make an investigation of the allegations set forth in such complaint, or, if at any time the State division has reason to believe that assistance to aged needy persons has been improperly granted, the director, or his representative, shall cause an investigation to be made. The director of old age assistance may suspend payment of any installment pending an investigation. He shall notify the county welfare board of any proposed investigation. If it appears, as a result of any such investigation, that old age assistance was improperly granted, such assistance shall be canceled by the State division which shall immediately notify the county welfare board that it will not approve any payment made after such suspension, but if it appears, as a result of such investigation that assistance was obtained properly, the suspended payments of assistance may be payable as the State division may find is required by the circumstances.
Amended by L.1938, c. 361, p. 916, s. 19, eff. July 1, 1938.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-32 - Obtaining assistance falsely a misdemeanor; future grants denied

44:7-32. Obtaining assistance falsely a misdemeanor; future grants denied
Any person who, by means of a false statement, or false representation, or by impersonation, or other fraudulent device, obtains or attempts to obtain, or aids or abets, any person to obtain funds under this chapter to which he is not entitled, or a larger amount of assistance than that to which he is justly entitled, or payment of any forfeited installment grant; or knowingly aids or abets in buying, or in any way disposing of, the property of an applicant without the consent of the county welfare board, shall be guilty of a misdemeanor and punished accordingly. If such person be himself an applicant or recipient of old age assistance, his application may be denied or his grant withdrawn, and future grants denied at the discretion of the board.
Amended by L.1943, c. 164, p. 483, s. 11, eff. April 9, 1943.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-33 - Violation of chapter; penalty

44:7-33. Violation of chapter; penalty
Any person who knowingly violates any provision of this chapter for which no penalty is specifically provided shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars, or imprisonment for not more than one year, or by both such fine and imprisonment.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-34 - Recipient of assistance not to receive other public aid

44:7-34. Recipient of assistance not to receive other public aid
A person sixty-five years of age or more not receiving old age assistance under this chapter is not by reason of his age debarred from receiving public relief and care under the provisions of any other law, but no recipient of old age assistance, while receiving the same, shall receive any other assistance from the state or any political subdivision thereof except for medical and surgical care.
2023 New Jersey Revised Statutes › Title 44 - Poor › Section 44:7-35 - Assistance exempt from taxation levy and process; bankruptcy

44:7-35. Assistance exempt from taxation levy and process; bankruptcy
All amounts paid as old age assistance shall be exempt from any tax levied by the state or by any subdivision thereof, and exempt from levy and sale, garnishment, attachment, or any other process whatsoever and shall be inalienable in any form, and in case of bankruptcy shall not pass to the trustee or other person acting on behalf of the creditors of the aged needy person.