N.J. Admin. Code § 10:90-2.11

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:90-2.11 - WFNJ TANF/GA residency requirements

(a) WFNJ/TANF residency requirements are as follows:

1. The law requires that an applicant for or recipient of WFNJ/TANF assistance shall reside in New Jersey. Any person who responds affirmatively to the question on the application "Do you plan to continue living in New Jersey?" fulfills this requirement. The requirement is also satisfied when the person resides in the State having entered with a job commitment or is seeking employment even if he or she is currently unemployed.

(b) WFNJ/GA residency requirements are as follows:

1. A resident of a municipality is a person who maintains a permanent customary home in the municipality, or a person who is in the municipality with intention to remain. No time intervals are relevant so long as the home is not established for a temporary purpose such as for a visit or vacation. A resident may live in his or her own home, a rented home or apartment, the home of a friend or relative, in a residential health care facility or boarding home, homeless shelter or in a long-term care facility. However, a resident over the age of 18 who resides in his or her parent(s)' home and is claimed as a dependent on his or her parent(s)' U.S. Individual Income Tax Return (1040 forms) is not eligible for GA.

2. Nonresidents/transients are persons in a municipality who may not intend to remain in that municipality and who are not residents of long-term care facilities who shall, if otherwise eligible, be granted assistance until arrangements can be made to return them to their customary place of residence.

i. For any person in a municipality who is away from the municipality of his or her customary home and wishes to return but cannot, because of lack of funds, the agency shall grant sufficient funds to allow the individual to travel to his or her own municipality or to the nearest place at which it has been confirmed that the individual's needs may be met. Travel costs shall be estimated or ascertained, as appropriate, according to the least expensive method of travel which is appropriate. The travel grant shall be sufficient to allow payment for the fare and such food, clothing, or shelter as may be essential during the trip.

(1) When circumstances prevent an accurate determination as to whether an applicant would be otherwise eligible to receive WFNJ/GA, the agency will evaluate the application according to the best information available.

(2) Assistance for travel purposes in any amount over $ 100.00 shall be granted only with prior approval from the DFD. Such approval shall be contingent upon the presence of the following positive indicators: the individual has actually resided where he or she wishes to go; there is a place for the individual to reside upon return; and someone will be responsible for the individual upon his or her return. Furthermore, the individual must not have established a pattern of requesting travel assistance annually or more frequently.

3. College students are individuals age 18 or over who are attending school or college. They may be found eligible for WFNJ/GA only when all of the following conditions are present:

i. He or she is a resident of the municipality in which application is made, and such municipality is his or her acknowledged home on a year-round basis;

(1) An individual coming from another state for the purpose of attending school or college is not eligible for WFNJ/GA during the period he or she is attending school;

ii. He or she is eligible in accordance with the eligibility provisions of the WFNJ/GA program;

iii. He or she shall comply with the WFNJ work requirements and must be willing to seek and accept employment, if offered, while attending college;

iv. He or she is employed for a minimum of 20 hours per week and receiving earnings at least equal to the Federal minimum wage;

(1) Participation in a Federal- or State-financed work study program shall be considered acceptable employment during the regular school year when:

(A) The student is approved for work study at the time of the WFNJ/GA application is completed;

(B) The work study has been approved for the school term; and

(C) The student anticipates working the entire school term;

v. He or she is not living at home with his or her parent(s);

vi. He or she cannot be claimed as a dependent by his or her parent(s) for income tax purposes; and

vii. He or she is not residing out-of-State in order to attend school.

N.J. Admin. Code § 10:90-2.11

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 N.J.R. 3971(b), 30 N.J.R. 389(a).
In (b)2i(2), added second and third sentences.
Amended by R.2003 d.226, effective 6/16/2003.
See: 34 N.J.R. 2713(a), 35 N.J.R. 2670(a).
In (a), deleted 1i.
Amended by R.2011 d.068, effective 2/22/2011 (operative April 25, 2011).
See: 42 N.J.R. 1466(a), 43 N.J.R. 424(a).
In (b)1, inserted the last sentence; in (b)3iii, inserted "and must be willing to seek and accept employment, if offered, while attending college", and deleted "and" from the end; added new (b)3iv through (b)3vi; recodified former (b)3iv as (b)3vii; and in (b)3vii, substituted "He or she is not" for "A college student shall not be eligible for WFNJ/GA while".