New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 4 - WFNJ WORK REQUIREMENTS › Section 10:90-4.10 - Deferrals from the work requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Deferrals from
				WFNJ work requirements shall be limited to:
1. Individuals age 62 or older;
2. Individuals who are unable to engage in
				regular work activities because they are chronically ill, infirm, or have a
				physical and/or mental disability or impairment which is expected to last for
				more than 12 months and such conditions are certified by an attending physician
				(including a licensed or certified psychologist, as appropriate) or advanced
				practice nurse to constitute a permanent disability. Such certification shall
				be documented through use of Form WFNJ/MED-1, Examination Report, and shall,
				upon completion by the certifying physician (including a licensed or certified
				psychologist, as appropriate) or advanced practice nurse, be reviewed by the
				county or municipal agency which shall have the responsibility to approve or
				deny the deferral request;
i. Individuals
				receiving a work deferral due to a certified permanent disability shall be
				required to make application for SSI benefits;
ii. A recertification to determine permanent
				disability using Form WFNJ/MED-1 shall not be required for those individuals
				who provide documentation that they have been determined permanently disabled
				and are receiving disability insurance benefits under Title II or Title XVI of
				the Federal Social Security Act. At the time of case redetermination, the
				permanent disability condition of the individual shall be reviewed. If the
				permanent disability remains unchanged as verified through social security
				documentation, it shall be duly noted on the IRP that the permanent disability
				remains unchanged, the source of the documentation and the date of the review.
				If a change in the permanent disability occurs which indicates that the
				individual may be able to participate in a WFNJ activity, for example, the
				client is no longer eligible for permanent disability considerations under
				Title II or Title XVI and the client is still requesting a WFNJ deferral based
				on the disability, the county or municipal agency shall require the completion
				of Form WFNJ/MED-1 by the client's attending physician (including a licensed or
				certified psychologist, as appropriate) or advanced practice nurse in order to
				evaluate the client's ability to participate;
3. A person certified by an attending
				physician (including a licensed or certified psychologist, as appropriate) or
				advanced practice nurse to be unable, by reason of a physical or mental defect,
				disease or impairment, to engage in any gainful occupation for any period of
				less than 12 months. Such certification shall be documented through use of Form
				WFNJ/MED-1, Examination Report, which, upon completion by the certifying
				physician (including a licensed or certified psychologist, as appropriate) or
				advanced practice nurse, shall be returned to the county or municipal agency
				worker, as appropriate for review and final determination of deferral from
				participation from work requirement activities within the WFNJ
				program;
4. WFNJ/GA single adults
				or couples without dependent children who are determined unemployable in
				accordance with provisions set forth at
				10:90-2.9(a)2.
				The form WFNJ/MED-1 will be required, if appropriate;
5. A woman in the second trimester, or
				earlier, of a pregnancy, when it is certified by an attending physician that a
				medical reason exists;
6. A woman
				in the third trimester of pregnancy;
7. The parent or relative of a child under
				the age of 12 weeks who is the individual providing care for that child;
i. This deferral may be extended for an
				appropriate period of time, when it is certified by the attending physician to
				be medically necessary for the parent or child;
8. A person who has been determined to be
				temporarily disabled resulting from his or her participation in a CWEP or AWEP
				activity;
9. An individual who is
				participating in a CWEP or AWEP activity and is eligible for leave under the
				State Family Leave Act and the family and medical leave provisions allowed
				under Federal law;
10. The sole
				caretaker (parent/relative) of a severely disabled or seriously ill dependent
				child or the sole caretaker (parent/relative) of a severely disabled or
				seriously ill family member;
i. Such
				certification shall be completed through use of Form WFNJ-5S(DEP), Confidential
				Medical Examining Physician's Report for Dependent Child or Dependent Adult,
				which shall provide documentation for the severity of the disability or illness
				of the dependent child or adult.
ii. During the time a severely disabled or
				ill dependent child or family member regularly attends a residential special
				school or other specialized care environment, the sole caretaker shall not be
				deferred.
(1) If there is an interruption of
				30 consecutive days or longer in this regular schedule of care at the
				residential special school or other specialized care environment which
				necessitates the recipient to care for that individual due to the
				unavailability of other care arrangements, the caretaker shall be deferred from
				the work requirement.
(2) Periods
				of less than 30 days of care shall allow the caretaker an excused absence from
				participation; and
11. Individuals determined to be victims of
				family violence who have requested temporary deferral from work via affidavit
				due to circumstances/trauma related to the family violence incident in
				accordance with requirements set forth at N.J.A.C. 10:90-20.