New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 3 - FINANCIAL ELIGIBILITY-INCOME, RESOURCES, BENEFITS › Section 10:90-3.19 - Exempt income

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Exempt income is not considered in
				determining initial and continued eligibility for assistance or in computing
				the amount of WFNJ cash assistance payments; however, as part of the
				determination of eligibility for emergency assistance, the agency shall
				evaluate all potential contributions of support to the household in accordance
				with N.J.A.C.
				10:90-6.1(c)2. The following
				sources of income shall be exempt:
1. Income
				tax refunds;
2. Homestead property
				tax rebates;
3. Earned income tax
				credit (EITC) payments;
4. Unearned
				income (including moneys to offset training expenses) received by a WFNJ
				dependent child through the Workforce Investment Act (WIA);
5. Earned income received through the WIA by
				a WFNJ dependent child;
6.
				Allowance payments to offset expenses related to training received by any WFNJ
				recipient who is participating in the WIA program;
7. The earned income of any middle or
				secondary school student in the eligible assistance unit;
i. This income exemption applies to children
				who are full-time students up to the age of 18, or up to the age of 19 if they
				are expected to complete an educational program before reaching age 19; and
				children up to the age of 21, if they are enrolled in a special education
				program (see
				10:90-2.7 );
8. Any grant, scholarship, student loan or
				other financial aid received by an eligible child or eligible adult who is a
				student, including funds received through college work study programs for TANF
				recipients, so long as the eligible child or eligible adult continues to attend
				school and meets the conditions under which such moneys are granted and
				complies with required WFNJ work requirements at N.J.A.C. 10:90-4. Income
				received through a college work study program is not exempt for GA recipients;
i. During any period for which a child or
				adult who is a student receives a grant, scholarship or student loan under a
				Federal, State or other public or private program, he or she shall not be
				entitled to any allowances for expenses incident to training which are
				otherwise provided for through student financial aid. In other situations
				allowances shall be provided in accordance with the supportive services
				provisions at N.J.A.C. 10:90-5;
9. SSI benefits for WFNJ/TANF;
10. Income-in-kind or benefits received in
				the form of goods, services or via third party payments, rather than
				cash;
11. Kinship Subsidy Program
				payments;
12. Individual
				Development Accounts including matching contributions and interest;
13. The following funds are considered as
				exempt income and are also identified as exempt resources designated for
				special purposes at
				N.J.A.C.
				10:90-3.20(a)14:
i. Relocation adjustment payments which are
				made pursuant to the Uniform Relocation Assistance and Real Property
				Acquisition Policies Act of 1970;
ii. The value of the NJ SNAP allotment for
				any household participating in the NJ SNAP program of the U.S. Department of
				Agriculture;
iii. Allowances for
				participation in the WFNJ program, including payments for transportation and
				related expenses set forth in the supportive services section at N.J.A.C.
				10:90-5 and payments for child care;
iv. Allowance payments, that is, monies paid
				to offset expenses related to training received by a WFNJ parent or
				parent-person who is participating in the WIA program;
v. Payments to assistance units for child
				care in situations where special circumstances occur within the household (such
				as emergency illness of the parent(s)) that necessitate alternative care for a
				child on a temporary basis; and transportation or the cost of transportation,
				which is not available from any other source, to transport that child to and
				from the child care site when it is essential for the child's physical health
				and safety;
vi. Supplemental aid by
				other agencies or organizations, whether public or private, provided that:
(1) There is no duplication between such aid
				and the public assistance grant;
(2) Such aid is for a special purpose not
				within the function of the public assistance agency (for example, vocational
				rehabilitation); or
(3) Such aid is
				to any undergraduate student for educational purposes;
vii. Monies received through the Subsidized
				Adoption Program of the Division of Child Protection and Permanency pursuant to
				30:4C-45 through 49 ( P.L. 1973,
				c.81);
viii. Monies received on
				behalf of a child in resource family care, including extra payments received
				for special services; and
ix. Funds
				received by applicants and recipients through certain Federal programs as
				delineated in (a)14ix(1) through (19) below:
(1) Funds distributed or held in trust for
				members of any Indian Tribe under Public Law 92-254 or 93-134;
(2) Funds which are tax-exempt portions of
				payments made pursuant to Public Law 92-03, the Alaska Native Claims Settlement
				Act;
(3) Benefits or assistance
				received through the WIC program (Special Supplemental Food program for Women,
				Infants and Children) and the special food services program for children under
				the National School Lunch Act as amended by Public Laws 92-433 and
				93-150;
(4) Benefits received under
				Title VII, Nutrition Program for the Elderly, of the Older Americans Act of
				1965 (
				42 U.S.C. §§
													3001 et seq.);
(5) Payments made through Service Corps of
				Retired Executives (SCORE), Active Corps of Executives (ACE);
(6) Payments made through the United States
				Department of Housing and Urban Development (HUD) Section 8, Rental Assistance
				Program (RAP), which provides funds to certain disabled individuals and low
				income families to assist them in meeting shelter costs;
(7) HUD community development block grant
				funds under Title I of the Housing and Community Development Act of
				1974;
(8) Benefits received by
				eligible households under the Low Income Home Energy Assistance Act of 1981
				pursuant to section 2605(f) of Public Law 97-35;
(9) Allowances and benefits under the
				National and Community Service Trust Act of 1993 (NCSTA) which established a
				Corporation for National and Community Service which administers national
				service programs, including the Americorps programs, the Senior Corps and Youth
				Corps programs; the Learn and Serve program and, the Volunteers in Service to
				America (VISTA) program;
(10) All
				student financial assistance received under Title IV of the Higher Education
				Act and under the Bureau of Indian Affairs student assistance
				programs;
(11) Student financial
				assistance made for attendance costs under the Carl D. Perkins Vocational
				Education Act Amendments of 1990;
(12) Restitution made, under Section 105 of
				Title I of P.L. 100-383, the Civil Liberties Act of 1988, to individuals of
				Japanese ancestry who were interned during World War II;
(13) Restitution made, under Section 206 of
				Title II of P.L. 100-383, the Aleutian and Pribilof Islands Restitution Act, to
				Aleuts who were relocated by the U.S. government during World War II;
(14) Major disaster and emergency assistance
				granted under Section 105 of P.L. 100-707, the Disaster Relief and Emergency
				Assistance Amendments of 1988, including FEMA;
(15) Agent Orange payments as provided for
				under Section 1(a) of P.L.
				101-201 and
				Section
				10405 of
				P.L.
				101-239 of the Omnibus Budget Reconciliation Act
				of 1989;
(16) Amounts paid to
				individuals, under Section 6(h)(2) of
				P.L.
				101-426, the Radiation Exposure Compensation Act
				of 1990, for injuries or deaths due to exposure to radiation from nuclear
				testing and uranium mining;
(17)
				Payments made to individuals because of their status as victims of Nazi
				persecution;
(18) Stipends received
				by individuals who participate in the New Jersey Youth Corps Stipends Program;
				and
(19) Certain payments made by
				the Department of Veterans Affairs to the natural children of female Vietnam
				veterans who served in the Republic of Vietnam from February 28, 1961 through
				May 7, 1975;
14.Kinship Legal Guardian subsidy payments,
				received either through CP&P or DFD;
15. Benefits received pursuant to
				52:4B-1 et seq., the Criminal
				Injuries Compensation Act of 1971;
16. Income earned as a result of temporary
				census employment; and
17.
				Supplemental participant allowance payments issued in accordance with N.J.A.C.
				10:90-4.2(a)2 i.