New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 90 - WORK FIRST NEW JERSEY PROGRAM › Subchapter 2 - NON-FINANCIAL ELIGIBILITY REQUIREMENTS › Section 10:90-2.4 - Exemptions from the 60-cumulative-month time limit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A WFNJ TANF/GA
				recipient shall be exempted from the 60-cumulative-month time limit if the
				recipient is:
1. Sixty years of age or
				older;
2. One parent, in a
				two-parent family or a caretaker relative of a disabled child or other disabled
				dependent who must provide full-time care for the disabled child or other
				disabled dependent;
i. A disabled child is a
				person from birth to the age of 18 years who has a medically determinable
				physical or mental impairment which substantially reduces the child's ability
				to function independently, appropriately, and effectively in an age-appropriate
				manner; whose impairment is expected to last for a continuous period of not
				less than 12 months; and who requires the continuous presence and personal
				services of the parent/caretaker relative to maintain his or her basic level of
				functioning.
ii. A disabled
				dependent is a person over the age of 18 years who suffers from a medically
				determinable physical or mental impairment which reduces the dependent adult's
				ability to engage in substantial gainful activity; whose impairment is expected
				to last for a continuous period of not less than 12 months; and who requires
				the continuous presence and personal services of the parent/caretaker relative
				to maintain his or her basic level of functioning.
3. Permanently disabled, including, but not
				limited to, a person eligible for disability insurance benefits under Title II
				or Title XVI of the Federal Social Security Act or persons who have never
				completed an application for SSI or SSDI benefits, or did not appeal a denial
				by SSA.
i. A permanently disabled individual
				is an individual whose physical or mental impairment, defect or injury prevents
				him or her from engaging in full-time employment for a period of 12 or more
				months as certified by an attending physician (including a licensed or
				certified psychologist, as appropriate), or advanced practice nurse on a
				minimum of one WFNJ/MED-1, Examination Report. Such individuals may be awaiting
				eligibility determination for Federal long-term disability (SSI or RSDI)
				benefits or be among those who have been determined by the State Department of
				Labor and Workforce Development to be impaired to such a degree that they will
				not likely achieve employment even with the provision of vocational
				rehabilitation services. This includes persons who are permanently disabled
				because of HIV-related illness who are eligible for Federal SSI
				benefits.
ii. Such individuals, if
				their physical or mental impairment allows, may participate in part-time WFNJ
				work activities or employment for a length of time as designated by the
				certifying practitioner. When such individuals choose to engage in a WFNJ work
				activity and/or employment and then find that their condition or impairment
				prevents such activity, he or she can revert back to deferred status and are
				not subject to sanction. Part-time participants shall be given access to the
				same services and supports as non-deferred recipients, such as access to
				training slots, transportation and child care supports.
iii. At the time of case redetermination, a
				permanently disabled individual's condition shall be reviewed. A
				recertification using a 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; otherwise a recertification using a WFNJ/MED-1
				form shall be required annually. If the condition remains unchanged, a new
				Individual Responsibility Plan does not have to be completed for the
				permanently disabled individual.
(1) For an
				individual that may be work ready, a new WFNJ/MED-1 must be completed.
				Additionally, if the WFNJ agency worker, through his or her observation or
				through any other means, which can be documented, believes that a positive
				change in the individual's condition occurred, such observations shall be
				documented through the worker's completion of a WFNJ-6, Work First New Jersey
				Medical-Social Information Report;
4. Chronically unemployable as defined by the
				provisions below:
i. A chronically
				unemployable adult cannot be identified until at least 36 months have been
				spent in the WFNJ program and the adult exhibits a limited and inconsistent or
				no history of full-time, ongoing successful gainful employment (including, but
				not limited to, multiple or lengthy periods of unemployment or underemployment)
				or successful participation in work activities despite good faith efforts which
				have been documented.
ii.No single
				factor or employment barrier is used to make a determination of chronically
				unemployable, but rather, an individual shall be considered chronically
				unemployable if he or she has a limited and inconsistent or no work history as
				defined above and any one of the following criteria:
(1) Has low literacy or math level (below
				sixth grade); or
(2) Exhibited
				personal, social or psychological factors (as indicated in (a)4ii(2)(A) through
				(E) below) which indicate that the person is unlikely to ever get and/or keep a
				job in the foreseeable future-any one of the following which would require
				medical or other appropriate documentation and/or trigger a referral to SSI:
(A) A history of chronic substance
				abuse/early onset;
(B) A personal
				history of crises and traumas, both physical and/or emotional, as well as
				significant mental health problems, including, but not limited to, chronic or
				major depression, over the person's lifetime;
(C) Borderline mental retardation or severe
				learning disability;
(D) The adult,
				55 years of age or older, has a prolonged work history in one particular field
				or occupation and is no longer able to maintain such employment due to his or
				her age and inability to perform the unique requirements of the job, and lacks
				the education/training necessary to engage in other successful gainful
				employment; or
(E) As long as New
				Jersey is within the 20 percent exemption limit allowed under PRWORA, adults
				who have participated in the Supportive Assistance for Individuals and Families
				(SAIF) program and demonstrated continued efforts to engage in education or
				employment activities but after 24 months of intensive intervention exhibit
				more than one barrier to employment, such as:
(I) Lack of a high school
				diploma/GED;
(II) Limited English
				proficiency;
(III) Lack of
				skills/training;
(IV) Criminal
				record (resistant to expunction or bonding);
(V) Lack of work experience;
(VI) Child care unavailable for a special
				needs child;
(VII)Family problems
				of participant or dependent involving behavioral health system, CP&P or
				legal issues; or
(VIII) Chronic
				health problems of participant or dependent (with Division of Medical
				Assistance and Health Services (DMAHS) review).
iii. When an adult individual
				exhibits early indications of being a person who will be eventually classified
				as a chronically unemployable individual, it is important to carefully plan a
				realistic Individual Responsibility Plan with such an individual to phase the
				individual gradually into activities to build up basic skills, to instill
				confidence and reinforce any talents or aptitudes the individual exhibits.
				Also, when significant physical, emotional, or other disabilities are present,
				the individual should be directed to apply for SSI. Such individuals should be
				placed in less stressful work placements such as, but not limited to,
				supervised employment or community service activities. Referrals should also be
				made to all other appropriate services designed to assist the developmental
				progress of such individuals;
5. Subject to family violence (see
				10:90-2.6 for a description of
				other program requirements which may be waived for victims of family violence).
				This exemption shall be based upon the request of the recipient. If any of the
				following family violence situations occur, then an exemption shall be granted.
				However, this is not an all inclusive list of family violence situations that
				may warrant an exemption:
i. Individuals
				currently living in an active family violence situation are to be determined
				eligible for an exemption to the 60-month lifetime limit on receipt of cash
				assistance benefits, if a deferral from the work requirement is or was
				requested;
ii. Individuals with a
				recent history of family violence who have not been participating in the WFNJ
				work requirement due to the family violence situation and remain deferred due
				to family violence are to be determined eligible for an exemption to the
				60-month lifetime limit on receipt of cash assistance benefits;
iii. Individuals with a previous history of
				family violence who were deferred at some time and were not able to fully
				participate, and have recently been participating in the WFNJ work requirement,
				shall be determined eligible for an exemption to the 60-month lifetime limit on
				receipt of cash assistance benefits, if the inability to participate in the
				WFNJ requirement has impacted his or her ability to become self-sufficient;
				and/or
iv. A past or present victim
				of family violence who has previously or who is currently engaging in work
				activities, if the recipient has been unable to become self-sufficient due to
				family violence;
6. An
				individuals who has exhausted 60 cumulative months of WFNJ TANF/GA benefits may
				be eligible to reapply for and receive assistance after his or her case has
				been closed if he or she meets the criteria for an extension or an exemption;
				or
7. An individual whose case is
				in post 60-month extension or exemption status who continues to have a work
				requirement and fails to be in compliance with that requirement, without good
				cause, shall have his or her case sanctioned in accordance with provisions at
				10:90-4.13.