New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 2 - NON-FINANCIAL ELIGIBILITY REQUIREMENTS › Section 10:90-2.8 - Individuals ineligible for WFNJ TANF/GA

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				following persons shall not be eligible for assistance and shall not be
				considered to be members of the WFNJ/TANF or WFNJ/GA assistance units:
1. Non-needy caretakers, except that the
				eligibility of a dependent child shall not be affected by the income or
				resources of a non-needy caretaker;
2. Supplemental Security Income recipients,
				except for the purposes of receiving emergency assistance benefits and burial
				assistance, which are funded through SSI and administered by the WFNJ
				agency;
3. Illegal
				aliens;
4. Other aliens who are not
				eligible aliens as defined in
				10:90-2.10;
5. A person absent from the home who is
				incarcerated in a Federal, State, county or local corrective facility or under
				the custody of correctional authorities;
6. A person who is fleeing to avoid
				prosecution, custody or confinement after conviction, under the laws of the
				jurisdiction from which the person has fled, for a crime or an attempt to
				commit a crime which is a felony or a high misdemeanor under the laws of the
				jurisdiction from which the person has fled; or is violating a condition of
				probation or parole imposed under Federal or State law;
i. Under the laws of the State of New Jersey,
				a crime is defined at
				2C:1-4(a)  as "an
				indictable offense . . . for which a sentence of imprisonment in excess of 6
				months is authorized."
7. A person who has legal custody of a
				child(ren) but who is unable to prove a legal and/or blood relationship with
				such child(ren) (as defined at
				10:90-2.7(a)1  );
i. According to
				9:3-38, legal custody is defined as
				the "general right to exercise continuing control over the person of a child
				derived from court order or otherwise."
8. A convicted drug felon, unless the
				eligibility criteria delineated at N.J.A.C. 10:90-18, the rules established for
				convicted drug felons, are met;
9.
				A person found, on or after August 22, 1996, to have willfully and knowingly
				fraudulently misrepresented his or her residence in order to simultaneously
				obtain means-tested, public assistance benefits in two or more states or
				jurisdictions. Such person shall be ineligible for benefits for a period of 10
				years from the date of conviction in a Federal or State court;
10. A person who, after July 1, 1997 and
				provided that the person has received written notice informing them of the WFNJ
				disqualification penalties, intentionally makes a false or misleading statement
				or misrepresents, conceals or withholds facts for the purpose of receiving
				benefits. Such person shall be ineligible for benefits for a period of six
				months for the first violation, 12 months for the second violation, and
				permanently for the third violation;
11. A GA applicant or recipient who is
				eligible for or who is a recipient of WFNJ/TANF, or who has been found
				ineligible for WFNJ/TANF due to voluntary refusal to comply with program
				requirements;
12. A GA applicant or
				recipient who is admitted or committed to an institution (see
				10:90-9.1(d)3 
				);
13. A resource family parent who
				is unable to prove a legal or blood relationship with a child in resource
				family care, (as defined at
				N.J.A.C.
				10:90-2.7(a)1), when there
				are no other eligible children in the household;
14. A person who is seeking legal
				guardianship of an unrelated child.
i.
				Although ineligible for TANF benefits, when needed, the WFNJ agency shall
				provide contact information to these cases for assistance in obtaining
				guardianship; and
15. A
				WFNJ/GA applicant or recipient over the age of 60 who is claimed as a dependent
				on his or her adult child's or other relative's U.S. Individual Income Tax
				Return (1040 forms) regardless of whether or not he or she is residing in the
				same household.
i. If the individual's
				circumstances have changed since being claimed as a dependent, then he or she
				shall be reevaluated for WFNJ/GA eligibility.