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S3793
SENATE, No. 3793
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 5, 2026
Sponsored by:
Senator� M. TERESA RUIZ
District 29 (Essex and Hudson)
SYNOPSIS
���� Revises requirements for cash assistance benefits
under Work First New Jersey program.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the Work First New Jersey program,
revising various parts of the statutory law, and supplementing Title 44 of the
Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 8 of P.L.1947,
c.156 (C.44:8-114) is amended to read as follows:
���� 8.��� a.� The State shall
provide, through each municipality or county, as appropriate, public assistance
to the persons eligible therefor, residing therein or otherwise when so
provided by law, which assistance shall be fully funded by the State and
administered by a local assistance board or the county welfare agency according
to law and in accordance with P.L.1947, c.156 (C.44:8-107 et seq.) and with
such rules and regulations as may be promulgated by the commissioner.�
Notwithstanding
any other provision of law to the contrary, no person who is otherwise eligible
for public assistance under P.L.1947, c.156 (C.44:8-107 et seq.) shall be
deemed ineligible for public assistance solely on the basis that the person is
enrolled in an institution of higher education.
���� b.��� An employable person who
is receiving public assistance shall be required, except when good cause
exists, to comply with the requirements of the Work First New Jersey program
pursuant to P.L.1997, c.38 (C.44:10-55 et seq.).
���� c.���� The commissioner may
exempt a person from the provisions of subsection b. of this section for
reasons of physical or mental impairment, age, illness or injury, caretaker
responsibilities, employment or unsuitability, as determined by the
commissioner.
���� Any person who without good
cause fails or refuses to comply with the requirements of the Work First New
Jersey program, according to rules and regulations adopted by the commissioner,
shall be subject to� the provisions of section 9 of P.L.1997, c.38 (C.44:10-63).
(cf: P.L.1997, c.37, s.15)
���� 2.��� Section 1 of P.L.1997,
c.13 (C.44:10-34) is amended to read as follows:
���� 1.��� As used in this act:
���� "Alternative work
experience" means unpaid work and training
[
only
]
with a public
[
, private
nonprofit
]
or private
[
charitable
]
employer that
provides a recipient with the experience necessary to adjust to, and learn how
to function in, an employment setting and the opportunity to combine that
experience with education and job training.� An alternative work experience
participant shall not beassigned to work for a private, for profit employer
unless
the assignment is for a period of no more than six months and the assignment is
likely to lead to full-time employment with the employer
.
���� "Assistance unit"
means: a single person without dependent children; a couple without dependent
children; dependent children only; or a person or couple with one or more
dependent children who are legally or blood-related, or who is their legal
guardian, and who live together as a household unit.
���� "Benefits" means any
assistance provided to needy persons and their dependent children and needy
single persons and couples without dependent children under the Work First New
Jersey program.
���� "Commissioner" means
the Commissioner of Human Services.
���� "Community work
experience" means unpaid work and training only with a public, private
nonprofit or private charitable employer, provided to a recipient when, and to
the extent, that such experience is necessary to enable the recipient to adjust
to, and learn how to function in, an employment setting.� A community work
experience participant shall not be assigned to work for a private, for profit
employer.
���� "Dependent child"
means a child:
���� a.���� under the age of 18;
���� b.��� under the age of 19 and
a full-time student in a secondary school or an equivalent level of vocational
or technical training
[
,
if, before the student attains age 19, the student may reasonably be expected
to complete the student's program of secondary school or training
]
; or
���� c.���� under the age of 21 and
enrolled in a special education program,
who is living in New Jersey with
the child's natural or adoptive parent or legal guardian, or with a relative
designated by the commissioner in a place of residence maintained by the
relative as the relative's home.
���� "Income" means, but
is not limited to, commissions, salaries, self-employed earnings, child support
and alimony payments
other than child support payments provided to an
assistance unit pursuant to subsection c. of section 7 of P.L.1997, c.14
(C.44:10-49)
, interest and dividend earnings, wages, receipts, unemployment
compensation,
any
legal or equitable interest or entitlement owed that was acquired by a� cause
of action, suit, claim or counterclaim, insurance benefits, temporary
disability claims, estate income, trusts,
[
federal
income tax refunds, State income tax refunds, homestead rebates,
]
lottery
prizes, casino and racetrack winnings, annuities, retirement benefits,
veterans' benefits, union benefits, or other sources that may be defined as
income by the commissioner
[
;
except that in the event that individual development accounts for recipients
are established by regulation of the commissioner,
]
.� �Income� shall not include
federal income tax refunds, State income tax refunds, homestead rebates, child
support payments provided to an assistance unit pursuant to subsection c. of
section 7 of P.L.1997, c.14 (C.44:10-49),
any interest or dividend earnings
from
[
such
]
an
individual
development
account
[
shall
not be considered income
]
,
and other sources as may be excluded by regulation by the Commissioner
.
���� "Income eligibility
standard" means the income eligibility threshold based on assistance unit
size established by regulation of the commissioner for benefits provided within
the limit of funds appropriated by the Legislature.
���� "Legal guardian"
means a person who exercises continuing control over the person or property, or
both, of a child, including any specific right of control over an aspect of the
child's upbringing, pursuant to a court order.
���� "Poverty level"
means the official poverty level based on family size, established and adjusted
under Section 673 (2) of Subtitle B of the "Community Services Block Grant
Act," Pub.L.97-35 (42 U.S.C.s. 9902 (2)).
���� "Recipient" means a
recipient of benefits under the Work First New Jersey program.
���� "Services" means any
Work First New Jersey benefits that are not provided in the form of cash
assistance.
���� "Standard of need"
means the minimum amount of income and in-kind benefits or services needed by
families and single persons living in New Jersey in order to maintain a decent
and healthy standard of living, as established by regulation of the commissioner,
and shall include necessary items such as housing, utilities, food,
work-related transportation, clothing and personal and household essentials.
���� "Title IV-A" means
the provisions of Title IV-A of the federal Social Security Act governing the
program of aid to families with dependent children established pursuant to
P.L.1959, c.86 (C.44:10-1 et seq.) and the State Plan to implement those
provisions that were in effect on July 16, 1996, including income methodologies
for determining eligibility under those provisions and plan.
���� �"Title IV-D" means
the provisions of Title IV-D of the federal Social Security Act governing
paternity establishment and child support enforcement activities and
requirements.��
���� "Work activity"
includes, but is not limited to, the following, as defined by regulation of the
commissioner: employment; on-the-job training; job search and job readiness
assistance; vocational educational training;� job skills training related
directly to employment; community work experience; alternative work experience;
supportive work; community service programs, including the provision of child
care as a community service project; in the case of a teenage parent or a
recipient under the age of 19
[
who
is expected to graduate or complete their course of study by their 19th
birthday
]
,
satisfactory attendance at a secondary school or in a course of study leading
to a certificate of general equivalence; and education that is necessary for
employment in the case of a person who has not received a high school diploma
or a certificate of high school equivalency, a course of study leading to a
certificate of general equivalence, or post-secondary education, when combined
with community work experience participation or other approved work activities,
including employment.
���� "Work First New Jersey
program" or "program" means the program established pursuant to
P.L.1997, c.38 (C.44:10-55 et seq.).
(cf: P.L.1997, c.13, s.1)
���� 3.��� Section 4 of P.L.1997,
c.13 (C.44:10-37) is amended to read as follows:
���� 4.��� In computing the cash
assistance benefit provided to recipients, the following disregards shall be
applied to the earned income of each person in the assistance unit:
���� a.���� In the case of
[
a recipient
who is employed an average of 20 hours or more a week
]
all recipients who are
employed
:
���� (1)�� 100% of the earned
income shall be disregarded for the first full
[
month
]
two months of employment
in which the earned income would be counted;
���� (2)�� 75% of the earned income
shall be disregarded for six
[
consecutive
]
cumulative
months of employment
thereafter
; and
���� (3)�� 50% of the earned income
shall be disregarded for each
[
continuous
]
month of
employment thereafter.
���� b.���
[
In the case of
a recipient who is employed for an average of less than 20 hours a week:
���� (1)�� 100% of the earned
income shall be disregarded for the first full month in which the earned income
would be counted; and
���� (2) 50% of the earned income
shall be disregarded for each continuous month of employment thereafter.
]
(deleted
by amendment, P.L.��� , c.��� ) (pending before the Legislature as this bill)
���� c.����
[
If an
employable recipient has a documented disability, as defined by the
commissioner by regulation, that limits the person from accepting more than 20
hours of employment per week, the commissioner may waive the 20 hours or more
requirement in subsection a. of this section and provide that the recipient
shall be entitled to the 75% earned income disregard for six consecutive months
of employment, and the 50% earned income disregard for each continuous month of
employment thereafter.
]
(deleted by amendment, P.L.��� , c.��� ) (pending before the Legislature as
this bill)
����
d.��� In computing the cash
assistance benefit for recipients who lose employment and subsequently become
reemployed, the 100 percent disregard described in paragraph (1) of subsection
a. of this section and the 75 percent disregard described in paragraph (2) of
subsection a. of this subsection may be applied again only once every 12
months; otherwise, the 50 percent disregard described in paragraph (3) of
subsection a. shall be applied for each continuous month of employment.
(cf: P.L.2007, c.97, s.1)
���� 4.��� Section 5 of P.L.1997,
c.13 (C.44:10-38) is amended to read as follows:
���� 5.��� a.� The program shall
provide supportive services to a recipient
[
as
a last resort when no other source of support is available
]
in
appropriate circumstances, as determined by the commissioner
, except that
the recipient shall be required to continuously seek other sources of support.�
The commissioner shall determine the amounts and extent of the support.� The
supportive services shall include, but not be limited to, one or more of the
following:
���� (1)�� child care services,
including after-school child care in the case of a child over six years of age,
for eligible dependent children, to be provided during the recipient's program
eligibility period and for 24 consecutive months following ineligibility for
benefits as a result of receipt of earned income.
���� An adult recipient who
continues to be eligible to receive child care services following ineligibility
for benefits, and an adult recipient who is employed but continues to receive
benefits, shall pay a copay for child care services in accordance with a sliding
fee scale established by the commissioner, which shall be no greater than the
child care co-payment schedule established pursuant to
[
N.J.A.C.10:81-14.18A
]
regulations
promulgated by the Department of Human Services
;
���� (2)�� transportation services
to be provided directly by the program or through an allowance or other means
of subsidy by which the recipient may purchase transportation; and
���� (3)�� a limited allowance for
each assistance unit to cover work-related expenses necessary to engage in
required work activities, as determined by the commissioner.
���� b.��� Medical assistance shall
be provided to an assistance unit with dependent children pursuant to P.L.1968,
c.413 (C.30:4D-1 et seq.), in accordance with the provisions of section 2 of
P.L.1987, c.283 (C.30:4D-6c) which provides for a continuation of medical
assistance for a period of 24 consecutive months under certain circumstances,
except that:
���� (1)� coverage solely of the
adult head of an assistance unit by an employer's health insurance plan shall
not preclude other members of the assistance unit from receiving the additional
24 months of medical assistance; and
���� (2)� an assistance unit with
dependent children which, using the limits and methodologies contained in Title
IV-A, would not be eligible for cash assistance under Title IV-A as a result of
the collection of child or spousal support under Title IV-D of the federal
Social Security Act (42 U.S.C.651 et seq.), shall receive an additional four
consecutive months of medical assistance beginning with the first month of
ineligibility under the provisions of Title IV-A.
Families shall be screened
for additional medical assistance eligibility prior to termination of such
four-month medical assistance.
����
c.���� Each recipient who
receives parenting support services through the program shall be provided with
educational materials, referrals, and support in identifying, accessing, and
enrolling dependent children in quality child care services.
����
d.��� At such time as any
recipient reaches a cumulative total of 24 months of enrollment in the program,
the county agency or municipal welfare agency, as appropriate, shall offer
additional voluntary case management and supportive services to the recipient, based
on assessment of their barriers to securing employment.
(cf: P.L.1997, c.13, s.5)
���� 5.��� Section 8 of P.L.1997,
c.13 (C.44:10-41) is amended to read as follows:
���� 8.��� a.� The commissioner, in
cooperation with other affected agencies of State government, shall report
biennially to the Governor and the Legislature on the Work First New Jersey
program, and shall include in that report any recommendations for changes in the
law or regulations governing the program that the commissioner deems necessary
to further the goals of the program.� The commissioner shall determine the
manner and terms of the reporting in accordance with the requirements of
federal law.
���� b.��� The commissioner shall
issue a public report on at least a quarterly basis concerning the number of
recipients in the program, the number of recipients classified as exempt from
time limits or deferred from work requirements, the number of recipients classified
as to the degree of employability as defined by the commissioner, the number of
recipients who have obtained employment, the number of recipients terminated
from the program and the reasons for the terminations, the average wages and
benefits earned by recipients, the types of employment obtained by recipients
and whether the employment is in the public or private sector, the average
length of stay in their jobs by recipients who reapply for benefits, and the
number of former recipients who have re-entered the program after being
terminated.
���� c.���� To the extent not
otherwise provided pursuant to subsection a. or b. of this section, the
commissioner shall conduct such research as he deems appropriate to evaluate
the outcomes for recipients, and the benefits, costs and other effects of the
program, and shall submit any report resulting from that research to the
Governor and the Legislature and otherwise make copies available to the public.
����
[
In addition, the commissioner
shall initiate a study of the Michigan Civilian Conservation Corps program as a
means of offering employment to economically disadvantaged youth that provides
constructive work experience and training to increase their ability to secure
unsubsidized employment.� The commissioner shall study the effectiveness of the
Michigan Civilian Conservation Corps program and the possibility of
establishing such a program in this State.� The commissioner shall submit a
written report of his findings and recommendations to the Governor and the
Legislature by January 1, 1998.
]
����
d.��� Notwithstanding the
report required pursuant to subsection a. of this section, the commissioner, in
conjunction with the Commissioner of Labor and Workforce Development, shall
submit an annual report to the Governor and, pursuant to section 2 of P.L.1991,
c.164 (C.52:14-19.1), to the Legislature, concerning: program caseloads; the
nature and type of work activities engaged in by program recipients, along with
the total number of hours attributed to each type of work activity; the nature,
type, and total amounts of support services provided under the program; the
number of beneficiaries leaving the program because the beneficiary�s annual
income on average exceeds 100 percent, 150 percent, 200 percent, 250 percent,
and 300 percent of the federal poverty level; the number of sanctions imposed
on program recipients pursuant to section 2 of P.L.2007, c.97 (C.44:10-63.1),
including the reasons for the sanction and the duration of the sanction; the
number of cases closed; the number of applications denied and the reasons for
the denials, including the specific reasons for denials based on non-financial
factors; and any other data deemed appropriate by the commissioners; along with
recommendations for executive, legislative, administrative, or other actions as
the commissioners deem necessary and appropriate to improve employment outcomes
under the program and reduce deep poverty rates in the State.� The data
reported pursuant to this subsection shall include Statewide data as well as
specific data for each county.� Based on the data collected and reported
pursuant to this subsection, the Commissioner of Human Services shall make such
changes to policies and programs implemented under the Department of Human
Services as may be necessary to improve the performance of the Work First New
Jersey program and further the goals of the program.
(cf: P.L.1997, c.13, s.8)
���� 6.��� Section 1 of P.L.1997,
c.14 (C.44:10-44) is amended to read as follows:
���� 1.��� As used in this act:
���� "Applicant" means an
applicant for benefits provided by the Work First New Jersey program.
���� "Assistance unit"
means: a single person without dependent children; a couple without dependent
children; dependent children only; or a person or couple with one or more
dependent children who are legally or blood-related, or who is their legal
guardian, and who live together as a household unit.
���� "Benefits" means any
assistance provided to needy persons and their dependent children and needy
single persons and couples without dependent children under the Work First New
Jersey program.
���� "Commissioner" means
the Commissioner of Human Services.
���� "County agency"
means the county agency that was administering the aid to families with
dependent children program at the time the federal "Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,"
Pub.L.104-193, was enacted and which, upon� the enactment of P.L.1997, c.14
(C.44:10-44 et al.) shall also administer the Work First New Jersey program in
that county.
���� "Dependent child"
means a child:
���� a.���� under the age of 18;
���� b.��� under the age of 19 and
a full-time student in a secondary school or an equivalent level of vocational
or technical training
[
,
if, before the student attains age 19, the student may reasonably be expected
to complete the student's program of secondary school or training
]
; or
���� c.���� under the age of 21 and
enrolled in a special education program,
who is living in New Jersey with
the child's natural or adoptive parent or legal guardian, or with a relative
designated by the commissioner in a place of residence maintained by the
relative as the relative's home.
���� "Eligible
[
alien
]
immigrant
"
means
[
one
of the following:
���� a.���� a qualified alien
admitted to the United States prior to August 22, 1996, who is eligible for
means-tested, federally funded public benefits pursuant to federal law;
���� b.��� a refugee, asylee,
victim of human trafficking, or person granted withholding of deportation under
federal law for the person's first five years after receiving that
classification in the United States pursuant to federal law;
���� c.���� a qualified alien who
is a veteran of, or on active duty in, the armed forces of the United States,
or the spouse or dependent child of that person pursuant to federal law;
���� d.��� a recipient of refugee
and entrant assistance activities or a Cuban or Haitian entrant pursuant to
federal law;
���� e.���� a legal permanent
resident alien who has worked 40 qualifying quarters of coverage as defined
under Title II of the federal Social Security Act; except that, for any period
after December 31, 1996, a quarter during which an individual received
means-tested, federally funded public benefits shall not count toward the total
number of quarters;
���� f.���� a qualified alien
admitted to the United States on or after August 22, 1996, who has lived in the
United States for at least five years and is eligible for means-tested,
federally funded public benefits pursuant to federal law; or
���� g.��� a qualified alien who
has been battered or subjected to extreme cruelty in the United States by a
spouse, parent or a member of the spouse or parent's family residing in the
same household as the alien, or a qualified alien whose child has been battered
or subjected to extreme cruelty in the United States by a spouse or parent of
the alien, without the active participation of the alien, or by a member of the
spouse or parent's family residing in the same household as the alien.� In
either case, the spouse or parent shall have consented or acquiesced to the
battery or cruelty and there shall be a substantial connection between the
battery or cruelty and the need for benefits to be provided.� The provisions of
this subsection shall not apply to an alien during any period in which the
individual responsible for the battery or cruelty resides in the same household
or assistance unit as the individual subjected to the battery or cruelty.�
Benefits shall be provided to the extent and for the period of time that the
alien or alien's child is eligible for the program.
���� For the purposes of this
section, "qualified alien" is defined pursuant to the provisions of
section 431 of Title IV of Pub.L.104-193
]
an individual who meets program requirements and is lawfully present in the
United States, regardless of the individual�s date of entry into the United
States.� The term �eligible immigrant� shall include:� any individual who is a
�qualified alien,� as that term is defined in 8 U.S.C. s.1641; any individual
who is �lawfully present� in the United States, as that term is defined in 45
CFR s.152.2; any individual granted relief from federal immigration laws under
the federal Deferred Action for Childhood Arrivals program; and any other
individual who is not a citizen or national of the United States and is
authorized to live in the United States
.
���� "Income" means, but
is not limited to, commissions, salaries, self-employed earnings, child support
and alimony payments
other than child support payments provided to an
assistance unit pursuant to subsection c. of section 7 of P.L.1997, c.14
(C.44:10-49)
, interest and dividend earnings, wages, receipts, unemployment
compensation,
any
legal or equitable interest or entitlement owed that was acquired by a� cause
of action, suit, claim or counterclaim, insurance benefits, temporary
disability claims, estate income, trusts,
[
federal
income tax refunds, State income tax refunds, homestead rebates,
]
lottery
prizes, casino and racetrack winnings, annuities, retirement benefits,
veterans' benefits, union benefits, or other sources that may be defined as
income by the commissioner
[
;
except that in the event that individual development accounts for recipients
are established by regulation of the commissioner,
]
.� �Income� shall not include
federal income tax refunds, State income tax refunds, homestead rebates, child
support payments provided to an assistance unit pursuant to subsection c. of
section 7 of P.L.1997, c.14 (C.44:10-49),
any interest or dividend earnings
from
[
such
]
an
individual
development
account
[
shall
not be considered income
]
,
and other sources as may be excluded by regulation by the Commissioner
.�
���� "Income eligibility
standard" means the income eligibility threshold based on assistance unit
size established by regulation of the commissioner for benefits provided within
the limit of funds appropriated by the Legislature.
���� "Legal guardian"
means a person who exercises continuing control over the person or property, or
both, of a child, including any specific right of control over an aspect of the
child's upbringing, pursuant to a court order.
���� "Non-needy
caretaker" means a relative caring for a dependent child, or a legal
guardian of a minor child who, in the absence of a natural or adoptive parent,
assumes parental responsibility and has income which exceeds the income
eligibility standard but is less than 150% of the State median income adjusted
for household size.
���� "Recipient" means a
recipient of benefits under the Work First New Jersey program.
���� "Resources" means
all real and personal property as defined by the commissioner; except that in
the event that individual development accounts for recipients are established
by regulation of the commissioner, all funds in such an account, up to the
limit determined by the commissioner, including any interest or dividend
earnings from such an account, shall not be considered to be a resource.�
�Resources�
shall not include funds in an individual retirement account established under
State or federal law or interest or dividend earnings from such an account, for
any recipient who has not reached full retirement age. �Resources� shall also
not include any retirement accounts excluded from consideration as a resource
in the Supplemental Nutrition
Assistance
Program in the Food and
Nutrition Act of 2008, as amended, section 5(g)(7)(A)(i).
���� "Services" means any
Work First New Jersey benefits that are not provided in the form of cash
assistance.
���� "Title IV-D" means
the provisions of Title IV-D of the federal Social Security Act governing
paternity establishment and child support enforcement activities and
requirements.
���� "Work First New Jersey
program" or "program" means the program established pursuant to
P.L.1997, c.38 (C.44:10-55 et seq.).
(cf: P.L.2007, c.97, s.3)
���� 7.��� Section 2 of P.L.1997,
c.14 (C.44:10-45) is amended to read as follows:
���� 2.��� a.� Benefits under the
Work First New Jersey program shall be determined according to standards of
income and resources established by the commissioner
, except that in no case
may the commissioner reduce benefit levels.�
���� These standards shall take
into account, for the determination of eligibility and the provision of
benefits, all income and resources of all persons in the assistance unit of
which the applicant or recipient is a member, except as provided by law governing
the Work First New Jersey program and as prescribed by the commissioner.� The
benefits to be granted shall be governed by standards established by regulation
of the commissioner.� The commissioner may set income and resource eligibility
and benefits standards that differ with respect to types of assistance units.�
If
an applicant or recipient meets the resource eligibility standards to qualify
for benefits under the State Medicaid program or the NJ FamilyCare program, the
applicant or recipient shall be deemed to meet the resource eligibility
standards to qualify for benefits under the Work First New Jersey program
.
���� b.��� A recipient, as a
condition of eligibility for benefits, shall, subject to good cause exceptions
[
as
]
, which
exceptions shall be
defined by the commissioner
and shall be considered
broadly in consideration of the recipient�s health, safety, family needs,
financial considerations, and other factors as determined by the commissioner
,
be required to: do all acts stated herein necessary to establish the paternity
of a child born out-of-wedlock, and to establish and participate in the
enforcement of� child support obligations; cooperate with work requirements
established by the commissioner; make application for any other assistance for
which members of the assistance unit may be eligible; be income and resource
eligible as defined by the commissioner, including the deeming of income and
resources as appropriate; provide all necessary documentation which shall
include the federal Social Security number for all assistance unit members,
except for an eligible
[
alien
]
immigrant
who cannot be assigned a Social Security number due to his status, or make
application for same; sign an agreement to repay benefits in the event of
receipt of income or resources
, including General Assistance repayment
subject to a� Supplemental Security Income Interim Assistance Reimbursement
Agreement, but excluding repayment from unemployment benefits and other
government benefits
; and comply with personal identification requirements
as a condition of receiving benefits, which may employ the use of� high
technology processes for the detection of fraud.
���� c.���� Notwithstanding any
other provision of law or regulation to the contrary, an applicant shall not be
[
eligible
]
deemed
ineligible
for benefits
[
when
]
on
the
grounds that the
applicant's eligibility
for benefits
is the
result of a
[
voluntary
]
cessation of
employment
[
without
good cause, as determined by the commissioner
]
,
unless the applicant intentionally and voluntarily left employment
within
[
90
]
30
days prior to the date of application for benefits
for the sole purpose of
qualifying for Work First New Jersey benefits, without good cause.� Good cause
shall be considered broadly in consideration of the recipient�s health, safety,
family needs, financial considerations, and other factors as determined by the
commissioner
.
���� d.��� A voluntary assignment
or transfer of income or resources within one year prior to the time of
application for benefits for the purpose of qualifying therefor shall render
the applicant and the applicant's assistance unit members ineligible for
benefits for a period of time determined by regulation of the commissioner
,
which period shall not exceed the value of the income or resource divided by the
monthly standard of need,
established
pursuant to section 9 of P.L.1997, c.13 (C.44:10-42),
or 12 months,
whichever value is less
.
���� e.���� Any income or resources
that are exempted by federal law for purposes of eligibility for benefits shall
not reduce the amount of benefits received by a recipient and shall not be
subject to a lien or be available for repayment to the State or county agency
for benefits received by the individual.�
Income and resources received by a
recipient shall not be used to prospectively disqualify a recipient from
assistance and shall be considered only in the month received and at the time
of any new application except as provided in subsection d. of this section.
(cf: P.L.1997, c.14, s.2)
���� 8.��� Section 5 of P.L.1997,
c.14 (C.44:10-48) is amended to read as follows:
���� 5.��� a.� Only those persons
who are United States citizens or eligible
[
aliens
]
immigrants
shall be eligible for benefits under the Work First New Jersey program.
[
Single adults
or couples without dependent children who are legal aliens who meet federal
requirements and have applied for citizenship, shall not receive benefits for
more than six months unless (1) they attain citizenship, or (2) they have
passed the English language and civics components for citizenship, and are
awaiting final determination of citizenship by the federal Immigration and
Naturalization Service.
]
���� b.��� The following persons
shall not be eligible for assistance and shall not be considered to be members
of an assistance unit:
���� (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 pursuant to section 8 of P.L.1997, c.14 (C.44:10-51);
���� (3)��
[
illegal aliens
]
undocumented
immigrants
;
���� (4)�� other
[
aliens
]
immigrants
who are not eligible
[
aliens
]
immigrants
;
���� (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, except as provided
by regulation of the commissioner;
���� (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;
���� (7)�� (Deleted by amendment,
P.L.2021, c.312).
���� (8)�� a person found to have
fraudulently misrepresented his residence in order to obtain means-tested,
public benefits in two or more states or jurisdictions, who shall be ineligible
for benefits for a period of 10 years from the date of conviction in a federal
or state court; or
���� (9)�� a person who
intentionally makes a false or misleading statement or misrepresents, conceals
or withholds facts for the purpose of receiving benefits, who 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.
���� c.���� A person who makes a
false statement with the intent to qualify for benefits and by reason thereof
receives benefits for which the person is not eligible is guilty of a crime of
the fourth degree.
���� d.��� Pursuant to the
authorization provided to the states under 21 U.S.C. s.862a(d)(1), this State
elects to exempt from the application of 21 U.S.C. s.862a(a):
���� (1) needy persons and their
dependent children domiciled in New Jersey for the purposes of receiving
benefits under the Work First New Jersey program and food assistance under the
federal "Food and Nutrition Act of 2008," Pub.L.110-234 (7 U.S.C.
s.2011 et seq.); and
���� (2) single persons and married
couples without dependent children domiciled in New Jersey for the purposes of
receiving food assistance under Pub.L.110-234.
(cf: P.L.2021, c.312, s.17)
���� 9.��� Section 6 of P.L.1997,
c.14 (C.44:10-49) is amended to read as follows:
���� 6.��� a.� The signing of an
application for benefits under the Work First New Jersey Program shall
constitute an assignment of any child support rights pursuant to Title IV-D on
behalf of individual assistance unit members to the county agency.� The
assignment shall terminate with respect to current support rights when a
determination is made by the county agency that the person in the assistance
unit is no longer eligible for benefits.� The determination of the amount of
repayment to the county agency and distribution of any unpaid support
obligations that have accrued during the period of receipt of benefits shall be
determined by regulation of the commissioner in accordance with federal law.
���� b.��� The county agency shall
pass through to the assistance unit the full amount of the current child
support collected on behalf of a child in those circumstances defined by the
commissioner.
���� c.���� An assistance unit
eligible for benefits and in receipt of child support shall receive, in
addition to its regular grant of cash assistance benefits, a monthly amount of
child support
that is equal to the maximum benefit amount for which the
federal reimbursement share is waived,
based on the current child support
received for the month
[
,
as determined by regulations adopted by the commissioner, and in accordance
with federal law
]
.�
(cf: P.L.2008, c.101, s.2)
���� 10.� Section 2 of P.L.1997,
c.38 (C.44:10-56) is amended to read as follows:
���� 2.��� The Legislature finds
and declares that:
���� a.���� The federal
"Personal Responsibility and Work Opportunity Reconciliation Act of
1996," Pub.L.104-193, establishes the federal block grant for temporary
assistance for needy families and provides the opportunity for a state to
establish and design its own welfare program;
���� b.��� Work and the earning of
income promote the best interests of families and children;
���� c.���� Working individuals and
families needing temporary assistance should have the transitional support
necessary to obtain and keep a job in order to be able to avoid cycling back
[
onto public
assistance
]
into financial hardship, as well as the opportunity to acquire new skills
and training and access job opportunities that will allow them to lift
themselves out of poverty
;
���� d.��� Teenage pregnancy is
counter to the best interests of children;
���� e.���� Successful welfare
reform
[
requires
]
is
furthered by
the active involvement of the private sector as well as all
departments of State government;
���� f.���� Personal and family
security and stability, including the protection of children and vulnerable
adults, are important to the establishment and maintenance of successful family
life and childhood development and a family's inability or failure to qualify for
benefits under the Work First New Jersey program established pursuant to this
act shall not in and of itself be the basis for the separation of a dependent
child from his family or the justification for the resource family care
placement of a dependent child;
���� g.��� Children and teenagers
need the benefits of the support and guidance which a family structure provides
[
; the
welfare system has provided a vehicle for breaking up families by giving
teenage mothers the means to shift their financial dependence from their
parents to the State; in the process, these youths deprive themselves of the
education and family structure necessary to support themselves and their
babies; and the
]
, which
support and structure
[
provided
by families are
]
is
important to the development of a child's maximum potential;
[
and
]
���� h.��� The Work First New
Jersey program established pursuant to this act incorporates and builds upon
the fundamental concepts of the Family Development Initiative established
pursuant to P.L.1991, c.523 (C.44:10-19 et seq.) in a manner that is consistent
with the federal program of temporary assistance for needy families
[
, by
establishing requirements for: time limits on cash assistance; the
participation of recipients in work activities; enhanced efforts to establish
paternity and establish and enforce child support obligations; sanctions for
failure to comply with program requirements; a cap on the use of funds for
administrative costs; the maintenance of State and county financial support of
the program; teenage parent recipients to live at home and finish high school;
and restrictions on eligibility for benefits for aliens
]
; and
����
i.���� Enhancing an
individual�s overall training and skill set, and providing opportunities for
progressive advancement, will help the person to exit, and sustainably avoid,
poverty far more effectively than simply placing the individual in a job that
presents no opportunities for development or advancement
.
(cf: P.L.2004, c.130, s.117)
����� 11. Section
3 of P.L.1997, c.38 (C.44:10-57) is amended to read as follows:
����� 3.�� As
used in this act:
����� "Alternative
work experience" means unpaid work and training�
[
only
]
with a public
[
, private nonprofit
]
or private
[
charitable
]
employer that provides a recipient with the
experience necessary to adjust to, and learn how to function in, an employment
setting and the opportunity to combine that experience with education and job
training.� An alternative work experience participant shall not be assigned to
work for a private, for profit employer
unless the assignment is for a
period of no more than six months and the assignment is likely to lead to
full-time employment with the employer
.
����� "Applicant"
means an applicant for benefits provided by the Work First New Jersey program.
����� "Assistance
unit" means: a single person without dependent children; a couple without
dependent children; dependent children only; or a person or couple with one or
more dependent children who are legally or blood-related, or who is their legal
guardian, and who live together as a household unit.
����� "Benefits"
means any assistance provided to needy persons and their dependent children and
needy single persons and couples without dependent children under the Work
First New Jersey program.
����� "Case
management" means the provision of certain services to Work First New
Jersey recipients, which shall include an assessment and development of an
individual responsibility plan.
����� "Commissioner"
means the Commissioner of Human Services.
����� "Community
work experience" means unpaid work and training only with a public,
private nonprofit or private charitable employer provided to a recipient when,
and to the extent, that such experience is necessary to enable the recipient to
adjust to, and learn how to function in, an employment setting.� A community
work experience participant shall not be assigned to work for a private, for
profit employer.
����� "County
agency" means the� county agency that was administering the aid to
families with dependent children program at the time the federal "Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,"
Pub.L.104-193, was enacted and which, upon the enactment of P.L.1997, c.38
(C.44:10-55 et seq.) shall also administer the Work First New Jersey program in
that county.
����� "Dependent
child" means a child:
����� a.�� under
the age of 18;
����� b.�� under
the age of 19 and a full-time student in a secondary school or an equivalent
level of vocational or technical training
[
, if, before the student attains age 19, the student
may reasonably be expected to complete the student's program of secondary
school or training
]
; or
����� c.�� under
the age of 21 and enrolled in a special education program,
who
is living in New Jersey with the child's natural or adoptive parent or legal
guardian, or with a relative designated by the commissioner in a place of
residence maintained by the relative as the relative's home.
����� "Eligible
[
alien
]
immigrant
" means
[
one of the following:
����� a.�� a
qualified alien admitted to the United States prior to August 22, 1996, who is
eligible for means-tested, federally funded public benefits pursuant to federal
law;
����� b.�� a
refugee, asylee, or person granted withholding of deportation under federal law
for the person's first five years after receiving that classification in the
United States pursuant to federal law;
����� c.�� a
qualified alien who is a veteran of, or on active duty in, the armed forces of
the United States, or the spouse or dependent child of that person pursuant to
federal law;
����� d.�� a
recipient of refugee and entrant assistance activities or a Cuban or Haitian
entrant pursuant to federal law;
����� e.�� a
legal permanent resident alien who has worked 40 qualifying quarters of
coverage as defined under Title II of the federal Social Security Act; except
that, for any period after December 31, 1996, a quarter during which an
individual received means-tested, federally funded public benefits shall not
count toward the total number of quarters;
����� f.��� a
qualified alien admitted to the United States on or after August 22, 1996, who
has lived in the United States for at least five years and is eligible for
means-tested, federally funded public benefits pursuant to federal law; or
����� g.�� a
qualified alien who has been battered or subjected to extreme cruelty in the
United States by a spouse, parent or a member of the spouse or parent's family
residing in the same household as the alien, or a qualified alien whose child
has been battered or subjected to extreme cruelty in the United States by a
spouse or parent of the alien, without the active participation of the alien,
or by a member of the spouse or parent's family residing in the same household
as the alien.� In either case, the spouse or parent shall have consented or
acquiesced to the battery or cruelty and there shall be a substantial
connection between the battery or cruelty and the need for benefits to be
provided.� The provisions of this subsection shall not apply to an alien during
any period in which the individual responsible for the battery or cruelty
resides in the same household or assistance unit as the individual subjected to
the battery or cruelty.� Benefits shall be provided to the extent and for the
period of time that the alien or alien's child is eligible for the program.
����� For
the purposes of this section, "qualified alien" is defined pursuant
to the provisions of section 431 of Title IV of Pub.L.104-193
]
an individual who meets program requirements and
is lawfully present in the United States, regardless of the individual�s date
of entry into the United States.� The term �eligible immigrant� shall include:�
any individual who is a �qualified alien,� as that term is defined in 8 U.S.C.
s.1641; any individual who is �lawfully present� in the United States, as that
term is defined in 45 CFR s.152.2; any individual granted relief from federal
immigration laws under the federal Deferred Action for Childhood Arrivals
program; and any other individual who is not a citizen or national of the
United States and is authorized to live in the United States
.
����� "Full-time
post-secondary student" means a student enrolled for a minimum of 12
credit hours in a post-secondary school.
����� "Income"
means, but is not limited to, commissions, salaries, self-employed earnings,
child support and alimony payments
other than child support payments
provided to an assistance unit pursuant to subsection c. of section 7 of
P.L.1997, c.14 (C.44:10-49)
, interest and dividend earnings, wages,
receipts, unemployment compensation,
any legal or
equitable interest or entitlement owed that was acquired by a� cause of action,
suit, claim or counterclaim, insurance benefits, temporary disability claims,
estate income, trusts,
[
federal income
tax refunds, State income tax refunds, homestead rebates,
]
lottery prizes, casino and racetrack winnings,
annuities, retirement benefits, veterans' benefits, union benefits, or other
sources that may be defined as income by the commissioner
[
; except that in the event that individual
development accounts for recipients are established by regulation of the
commissioner,
]
.�
�Income� shall not include federal income tax refunds, State income tax
refunds, homestead rebates, child support payments provided to an assistance
unit pursuant to subsection c. of section 7 of P.L.1997, c.14 (C.44:10-49),
any interest or dividend earnings from
[
such
]
an
individual development
account
[
shall not be considered income
]
, and other sources as may be excluded by regulation
by the Commissioner
.
����� "Legal
guardian" means a person who exercises continuing control over the person
or property, or both, of a child, including any specific right of control over
an aspect of the child's upbringing, pursuant to a court order.
����� "Program"
means the Work First New Jersey program established pursuant to this act.
����� "Recipient"
means a recipient of benefits under the Work First New Jersey program.
����� "Resources"
means all real and personal property as defined by the commissioner; except
that in the event that individual development accounts for recipients are
established by regulation of the commissioner, all funds in such an account, up
to the limit determined by the commissioner, including any interest or dividend
earnings from such an account, shall not be considered to be a resource.�
�Resources�
shall not include funds in an individual retirement account established under
State or federal law or interest or dividend earnings from such an account, for
any recipient who has not reached full retirement age. �Resources� shall also
not include any retirement accounts excluded from consideration as a resource
in the Supplemental Nutrition
Assistance Program in the Food and
Nutrition Act of 2008, as amended, section 5(g)(7)(A)(i).
����� "Title
IV-D" means the provisions of Title IV-D of the federal Social Security
Act governing paternity establishment and child support enforcement activities
and requirements.
����� "Work
activity" includes, but is not limited to, the following, as defined by
regulation of the commissioner: employment; on-the-job training; job search and
job readiness assistance; vocational educational training;� job skills training
related directly to employment; community work experience; alternative work
experience; supportive work; community service programs, including the
provision of child care as a community service project;� in the case of teenage
parents or recipients under the age of 19
[
who are expected to graduate or complete their
course of study by their 19th birthday
]
, satisfactory
attendance at a secondary school or in a course of study leading to a
certificate of general equivalence; and education that is necessary for
employment in the case of a person who has not received a high school diploma
or a certificate of high school equivalency, a course of study leading to a
certificate of general equivalence, or post-secondary education, when combined
with community work experience participation or another work activity approved
by the commissioner, including employment.
(cf:
P.L.1997, c.38, s.3)
���� 12.� Section 5 of P.L.1997,
c.38 (C.44:10-59) is amended to read as follows:
���� 5.��� a.� All adult persons,
except as otherwise provided by law governing the Work First New Jersey
program, are charged with the primary responsibility of supporting and
maintaining themselves and their dependents; the primary responsibility for the
support and maintenance of minor children is that of the parents and family of
those children
[
;
and benefits shall be provided only when other means of support and maintenance
are not present to support the assistance unit
]
.
���� b.��� Benefits shall be
temporary and serve the primary goal of
[
fostering
self-sufficiency
]
reducing poverty
.� Failure to cooperate with any of the program
eligibility requirements without good cause, as determined by the commissioner,
shall result in ineligibility for benefits for some or all assistance unit
members.�
Good cause shall be considered broadly in consideration of the
recipient�s health, safety, family needs, financial considerations, and other
factors as determined by the commissioner
.
���� c.���� If the county agency or
municipal welfare agency, as appropriate, determines, based upon an applicant's
written statement signed under oath, that the applicant is in immediate need of
benefits because the applicant's available resources are insufficient, as
determined by the commissioner, to meet the minimal current living expenses�
pursuant to regulations adopted by the commissioner, of the applicant's
assistance unit, the county agency or municipal welfare agency shall issue cash
assistance benefits to the applicant on the date of application, subject to the
applicant meeting all other program eligibility requirements.
���� d.��� The commissioner shall
establish by regulation, standards and procedures to screen and identify
recipients with a history of being subjected to domestic violence and refer
these recipients to counseling and supportive services.� The commissioner may
waive program requirements, including, but not limited to, the� time limit on
benefits pursuant to section 2 of P.L.1997, c.37 (C.44:10-72), residency
requirements pursuant to section 6 of P.L.1997, c.38 (C.44:10-60), child
support cooperation requirements pursuant to subsection b. of section 2 of
P.L.1997, c.14 (C.44:10-45) and the limitation on increase of cash assistance
benefits as a result of the birth of a child pursuant to section 7 of P.L.1997,
c.38 (C.44:10-61), in cases where compliance with such requirements would make
it more difficult for a recipient to escape domestic violence or unfairly
penalize the recipient who is or has been victimized by such violence, or who
is at risk of further domestic violence.
���� e.���� The commissioner shall
establish regulations determining eligibility and other requirements of the
Work First New Jersey program.� Regulations shall include provisions for the
deeming of income, when appropriate, which include situations involving the sponsor
of an eligible
[
alien
]
immigrant
in accordance with federal law, and� legally responsible relatives of
assistance unit members.
(cf: P.L.1997, c.38, s.5)
���� 13.� Section 8 of P.L.1997,
c.38 (C.44:10-62) is amended to read as follows:
���� 8.��� a.� As defined by the
commissioner, each adult recipient shall
[
continuously
and actively seek employment in an effort to remove the assistance unit of
which the recipient is a member from the program
]
engage in educational,
training, work-study, internship, or other opportunities, as permitted within
the definition of �work activity� as provided in subsection (d) of 42 U.S.C.
s.607 and section 1 of P.L.1997, c.13 (C.44:10-34), for the purpose of enhancing
the recipient�s ability to find employment that will lead to the assistance
unit�s removal from, and sustainable avoidance of, poverty.� A recipient shall
be permitted to forgo employment opportunities for good cause or to pursue
other opportunities, including, but not limited to, other employment that the
recipient believes would better enhance the recipient�s ability to find
employment that will lead to the assistance unit�s removal from, and
sustainable avoidance of, poverty.� Good cause shall be considered broadly in
consideration of the recipient�s health, safety, family needs, financial
considerations, and other factors as determined by the commissioner
.
���� A recipient may be assigned to
a work activity
or to an educational, training, work-study, internship, or
other opportunity,
as determined by the commissioner
, that will enhance
the recipient�s ability to find employment that will lead to the assistance
unit�s removal from, and sustainable avoidance of, poverty
.� The recipient
shall sign an individual responsibility plan, as provided in subsection f. of
this section, in order to be able to participate in the program, which shall
indicate the terms of the
[
work
activity
]
requirements
for the work activity or other opportunity
that the
recipient must fulfill in order to continue to receive benefits.�
In no case
shall a recipient�s work activity requirements include more than six months of
community work experience within any 12-month period.
���� b.��� In accordance with
Pub.L.104-193 (42 U.S.C. s. 601 et seq.), a recipient in an assistance unit
with dependent children shall commence participation in a work activity,
self-directed job search or other activities as determined by the commissioner
at some time prior to having received 24 months of benefits; except that if the
recipient is a full-time post-secondary student in a course of study related to
employment as defined by regulation of the commissioner, the recipient shall be
required to engage in another work activity for no more than 15 hours a week,
subject to the recipient making satisfactory progress toward the completion of
the post-secondary course of study as determined by the commissioner.
���� c.���� A recipient shall
comply with work activity participation requirements as a condition of
remaining eligible for benefits.� In accordance with the requirements of
Pub.L.104-193 (42 U.S.C. s. 601 et seq.), a minimum participation rate of 25
percent shall be realized in federal fiscal year 1997.� The participation rate
shall increase by 5 percent in each federal fiscal year to a level of 50
percent in federal fiscal year 2002 and thereafter.� For two-parent assistance
units with dependent children receiving benefits, the participation rate shall
be 75 percent for federal fiscal years 1997 and 1998 and 90 percent in federal
fiscal year 1999 and thereafter.� The participation rate shall be calculated in
accordance with federal requirements.� A recipient may be required to
participate in one or more work activities for a maximum aggregate hourly total
of
[
40
]
30
hours per week
, except that, if a child in the assistance unit is under six
years of age, the maximum aggregate hourly total of work activities required
for the recipient shall be 20 hours per week
.
���� d.��� A recipient shall not be
required to engage in a work activity if child care, including the
unavailability of after-school child care for children over six years of age,
is unavailable for the recipient's dependent child, as determined by regulation
of the commissioner.
���� e.���� A recipient may
temporarily be deferred from work activity requirements as provided for by the
commissioner if the recipient is:
���� (1)�� a woman in the third
trimester of pregnancy;
���� (2)�� a person certified by an
examining legally licensed physician or legally licensed certified nurse
midwife, acting within the scope of the practitioner's profession, to be
unable, by reason of a physical or mental defect, disease or impairment, to
engage in any gainful occupation for any period less than 12 months; or
���� (3)�� the parent or relative
of a child under
[
the
]
one year
of
age
[
of
12 weeks
]
who is providing care for that child, except that, the deferral may be extended
for an appropriate period of time if determined to be medically necessary for
the parent or child.
���� f.���� Upon a determination of
eligibility for benefits, each adult recipient not otherwise deferred or
exempted under this act shall be given an assessment of that person's potential
and readiness for work, including, but not limited to, skills, education, past
work experience and any barriers to securing employment, including a screening
and assessment for substance use disorder, as appropriate.� For all recipients
not deferred or exempt, an annual individual responsibility plan shall be
developed jointly by the county agency or municipal welfare agency, as
appropriate, and the recipient specifying the steps that will be taken by each
to assist the recipient to secure employment.� The individual responsibility
plan shall include specific goals for each adult member or minor parent in the
assistance unit, and may include specific goals for a dependent child member of
the assistance unit.� The goals, as determined by regulation of the
commissioner, shall include, but not be limited to, requirements for parental
participation in a dependent child's primary school program, immunizations for
a dependent child, and regular school attendance by a dependent child.�
Recipients who are job ready shall be placed immediately in a self-directed job
search.� Within the amount of funds allocated by the commissioner for this
purpose, other recipients shall be placed in an appropriate work activity as
indicated by their individual assessments.
���� g.��� The county agency or
municipal welfare agency, as appropriate, shall ensure the provision of
necessary case management for recipients, as appropriate to their degree of job
readiness, pursuant to regulations adopted by the commissioner.� The most
intensive case management shall be directed to those recipients facing the most
serious barriers to employment.
���� h.��� (1)� A recipient shall
not be placed or utilized in a position at a particular workplace:
���� (a)�� that was previously
filled by a regular employee if that position, or a substantially similar
position at that workplace, has been made vacant through a demotion,
substantial reduction of hours or a layoff of a regular employee in the
previous 12 months, or has been eliminated by the employer at any time during
the previous 12 months;
���� (b)�� in a manner that
infringes upon a wage rate or an employment benefit, or violates the
contractual overtime provisions of a regular employee at that workplace;
���� (c)�� in a manner that
violates an existing collective bargaining agreement or a statutory provision
that applies to that workplace;
���� (d)�� in a manner that
supplants or duplicates a position in an existing, approved apprenticeship
program;
���� (e)�� by or through an
employment agency or temporary help service firm as a community work experience
or alternative work experience worker;
���� (f)�� if there is a
contractual or statutory recall right to that position at that workplace; or
���� (g)�� if there is an ongoing
strike or lockout at that workplace.
���� (2)�� A person who believes
that he has been adversely affected by a violation of this subsection, or the
organization that is duly authorized to represent the collective bargaining
unit to which that person belongs, shall be afforded an opportunity to meet with
a designee of the Commissioner of Labor and Workforce Development or the
Governor's Office of Employee Relations, as appropriate.� The designee shall
attempt to resolve the complaint of the alleged violation within 30 days of the
date of the request for the meeting.� The Commissioner of Labor and Workforce
Development, in consultation with the Governor's Office of Employee Relations,
shall adopt regulations to effectuate the provisions of this subsection.� In
the event that the complaint is not resolved within the 30-day period, the
complainant may appeal to the New Jersey State Board of Mediation in the
Department of Labor and Workforce Development for expedited binding arbitration
in accordance with the rules of the board.� If the arbitrator determines that a
violation has occurred, the arbitrator shall provide an appropriate remedy.�
The cost of the arbitration shall be borne equally by both parties to the
dispute.
���� (3)�� Nothing in this
subsection shall be construed to prevent a collective bargaining agreement from
containing additional protections for a regular employee.�
���� i.���� The commissioner,
acting in conjunction with the Commissioners of Banking and Insurance,
Community Affairs, Education, Health, Labor and Workforce Development
,
and Transportation, shall implement all elements of the program and establish
initiatives to assist in moving recipients towards self-sufficiency.
���� j.���� The commissioner shall
take such actions as are necessary to ensure that the program meets the
requirements to qualify for the maximum amount of federal funds due the State
under Pub.L.104-193 (42 U.S.C. s. 601 et seq.).
���� k.��� The commissioner is
authorized to seek such waivers from the federal government as are necessary to
accomplish the goals of the program.
(cf: P.L.2023, c.177, s.127)
���� 14.� Section 2 of P.L.2007,
c.97 (C.44:10-63.1) is amended to read as follows:
���� 2.��� In an assistance unit
with a single adult or couple without dependent children or a single adult or
couple with dependent children, the failure of a recipient to actively
cooperate with the Work First New Jersey program, established pursuant to
P.L.1997, c.38 (C.44:10-55 et seq.), or participate in work activities under
the program, without good cause
[
as
determined by the commissioner
]
,
shall result in a loss of cash assistance benefits in accordance with the
provisions of this section.
���� Prior to the imposition of a
sanction, the county or municipal welfare agency shall determine whether good
cause for noncompliance exists.� Good cause shall include, but is not limited
to, disability or other circumstances, as defined by the commissioner, which
effectively impair a recipient's ability to actively cooperate with the Work
First New Jersey program or participate in work activities under the program.�
Good
cause shall be considered broadly in consideration of the recipient�s health,
safety, family needs, financial considerations, and other factors as determined
by the commissioner.
����
A
reduction in the cash assistance benefit of a non-compliant adult member of an
assistance unit imposed pursuant to this section shall not apply to any other
adult or dependent child member of the assistance unit who is in compliance
with program requirements, which compliant member shall continue to receive the
member�s full pro-rata share of cash assistance benefits. If the cash
assistance benefits for all adult members of the assistance unit are closed,
the dependent child members of the assistance unit shall continue to receive
their pro rata share of the cash assistance benefits for the assistance unit as
a dependent child-only assistance unit.
���� a.���� Prior to the imposition
of a sanction, the county or municipal welfare agency shall ensure that, in
consultation with the recipient, an assessment has been given in accordance
with subsection f. of section 8 of P.L.1997, c.38 (C.44:10-62), and a determination
has been made that barriers do not exist which are likely to prevent the
recipient from complying with the work requirements or other activities
specified in the individual responsibility plan; provided that, this
prerequisite to the imposition of a sanction shall not apply if the recipient,
without good cause, has refused to cooperate with the conduct of the
assessment.
���� The county or municipal
welfare agency shall determine if a sanctionable offense has occurred and
whether good cause exists by:
���� (1)�� reviewing the case
record to determine whether a comprehensive assessment or other information in
the file indicates that good cause for noncompliance exists, and
���� (2)�� outreaching to the
recipient, to attempt, in consultation with the recipient, to determine the
reason for noncompliance and whether it constitutes good cause.
���� If good cause requires that
services be provided in order for the recipient to comply, then services shall
be provided prior to any reassignment of work activities, as appropriate.
���� The recipient shall be
provided with reasonable accommodations in work activities for identified
disabilities and, when necessary given the condition, deferred from
participation.
���� The recipient shall be advised
of the right to contest the sanction if he disagrees with the agency
determination to impose the sanction.�
���� b.���
[
In an
assistance unit with one adult, if the
]
If an
adult
receiving cash assistance
fails to actively cooperate
with the program or participate in work activities without good cause, the cash
assistance benefit provided to the
[
assistance
unit
]
non-compliant
adult
shall be reduced by the pro-rata share of the noncompliant adult for
one month.�
If the adult fails to come into compliance by the end of the
sanction month, the adult�s pro-rata share shall continue to be suspended until
the adult demonstrates an intent to comply.� A reduction in the cash assistance
benefit of a non-compliant adult member of an assistance unit pursuant to this
subsection shall not apply to any other adult or dependent child member of the
assistance unit who is in compliance with program requirements, which compliant
member shall continue to receive the member�s full pro-rata share of cash
assistance benefits.
���� (1)��
[
If the adult
fails to actively cooperate with the program or participate in work activities
by the end of the first-month pro-rata sanction, without good cause, the
assistance unit's cash assistance case shall be suspended for one month.� If
the participant complies by the end of the suspension month, the suspension
shall be lifted.
]
(deleted by amendment, P.L.��� , c.��� ) (pending before the Legislature as
this bill)
���� (2)��
[
If the adult
fails to actively cooperate with the program or participate in work activities
by the end of the suspension month, without good cause,� the assistance unit's
cash assistance case shall be closed for a minimum one-month period, and the
assistance unit shall be required to reapply in order to receive further cash
assistance benefits.
]
(deleted by amendment, P.L.��� , c.��� ) (pending before the Legislature as
this bill)
���� c.����
[
In an
assistance unit with two adults, if one adult fails to actively cooperate with
the program or participate in work activities without good cause, the cash
assistance benefit provided to the assistance unit shall be reduced by the
pro-rata share of the noncompliant adult for one month.� If the adult fails to
comply by the end of the sanction month, the pro-rata reduction shall continue
until the recipient demonstrates an intent to comply.�
���� If both adults fail to
actively cooperate with the program or participate in work activities without
good cause, the cash assistance benefit provided to the assistance unit shall
be reduced by the pro-rata share of the noncompliant adults for one month.� If
both adults fail to actively cooperate with the program or participate in work
activities by the end of the sanction month, without good cause, the assistance
unit's cash assistance case shall be closed for a minimum one-month period, and
the assistance unit shall be required to reapply in order to receive further
cash assistance benefits.
]
(deleted by amendment, P.L.��� , c.��� ) (pending before the
Legislature as this bill)
���� d.��� If a dependent child
[
16
]
19
years of age or older fails to comply with the requirement for school
attendance or other work activity participation, without good cause, the
dependent child shall be subject to a
[
pro-rata
]
50 percent
reduction
in the dependent child�s pro-rata share
of cash assistance
benefits for one month.� If the dependent child fails to comply by the end of
the sanction month, the pro-rata reduction shall continue until the dependent
child demonstrates an intent to comply.
���� e.���� If a cash assistance
case is
suspended or
closed due to a sanction, and the recipient is
receiving emergency assistance benefits, then the household shall continue to
receive emergency assistance benefits for one month immediately following the
case closure
or suspension
.
���� If the recipient comes into
compliance and reapplies for cash assistance benefits, the emergency assistance
benefits shall be reinstated if the emergency still exists.
���� f.����
[
If a recipient
who is less than 18 years of age is living in a Work First New Jersey-funded
appropriate living arrangement because the recipient is unable to live with a
parent, guardian, or other adult relative, funding for the living arrangement
shall continue for one month immediately following the case closure.
]
(deleted
by amendment, P.L.��� , c.��� ) (pending before the Legislature as this bill)
���� g.���
[
An adult
recipient who voluntarily quits a job without good cause, as defined by
regulation of the commissioner, shall render the entire assistance unit
ineligible for cash assistance benefits for a period of two months from the
date the county agency or municipal welfare agency, as appropriate, makes the
determination that the recipient quit the job.
]
(deleted by amendment, P.L.��� , c.��� ) (pending before the
Legislature as this bill)
�
����
h.��� An assistance unit or
recipient sanctioned pursuant to this section that returns to compliance within
60 days shall be provided the balance of any benefit amounts withheld or
reduced during the period in which the assistance unit or recipient was out of compliance,
in addition to any amounts to which the assistance unit or recipient is
otherwise eligible.� An assistance unit or recipient sanctioned pursuant to
this section that returns to compliance more than 60 days after the date
sanctions were imposed shall be provided the balance of any benefit amounts
withheld or reduced during the period after which the assistance unit or
recipient demonstrated an intent to comply, in addition to any amounts to which
the assistance unit or recipient is otherwise eligible.
(cf: P.L.2007, c.97, s.2)
���� 15.� Section 2 of P.L.1997,
c.37 (C.44:10-72) is amended to read as follows:
���� 2.��� a.� Effective no later
than the 30th day after the date of enactment of
[
this act
]
P.L.1997,
c.37 (C.44:10-71 et al.)
, a recipient's eligibility for benefits shall be
limited to a total of 60 cumulative months, except as otherwise provided in
[
this act
]
P.L.1997,
c.37 (C.44:10-71 et al.)
, regardless of whether the recipient meets more
than one assistance unit criteria during that 60-month period.� Receipt of
assistance from federal block grant funds for temporary assistance for needy
families provided by another state or territory pursuant to the federal
"Personal Responsibility and Work Opportunity Reconciliation Act of 1996,"
Pub.L.104-193, shall count towards the 60-month time limit.� Receipt of
benefits as a dependent child or minor parent shall not count towards the
60-month time limit in the event that the dependent child or minor parent
becomes a head of household in the child's or parent's own right for the
purposes of receiving benefits.�
In the event that one or more adult
recipients in an assistance unit becomes ineligible for benefits on the grounds
that the recipient has reached the 60-month cumulative limit on benefits, the
adult recipient�s ineligibility for benefits shall in no way affect the
eligibility for benefits of any other member of the assistance unit, including,
but not limited to, a dependent child.
���� b.��� A recipient shall be
exempted from the 60-month time limit established pursuant to subsection a. of
this section if the recipient is:
���� (1)�� over 60 years of age;
���� (2)�� the parent or other
relative of a disabled child or other disabled dependent who must provide
full-time care for the disabled child or other disabled dependent;
���� (3)�� permanently disabled,
including, but not limited to, a person eligible for disability insurance
benefits under Title II of the federal Social Security Act (42 U.S.C.s.401 et
seq.), as defined by regulation of the commissioner;
[
or
]
���� (4)�� chronically unemployable
as defined by regulation of the commissioner
; or
����
(5)�� the parent of a
dependent child who is a member of the recipient�s household, which parent has
remained in compliance with the requirements of the program for, at a minimum,
the six months of enrollment immediately preceding the date the recipient
reaches the 60-month time limit
.
���� c.���� A recipient may receive
an extension of no more than 12 cumulative months beyond the 60-month time
limit established pursuant to subsection a. of this section, to be granted in
increments that shall not exceed six months, if the commissioner determines that
the recipient meets one of the following criteria:
���� (1)�� the recipient or the
recipient's dependent child would be subject to extreme hardship or incapacity,
as defined by regulation of the commissioner, in the event of a termination of
benefits;
���� (2)�� the recipient is
[
engaged in
full-time employment
]
employed
but remains eligible for benefits due to earned income
disregards� provided for under section 4 of P.L.1997, c.13 (C.44:10-37);
���� (3)�� the recipient has not
received an opportunity to engage in work activities
[
as specified in the individual
responsibility plan pursuant to subsection f. of section 8 of P.L.1997, c.38
(C.44:10-62)
]
that will enhance the recipient�s ability to find employment that will lead
to the assistance unit�s removal from, and sustainable avoidance of, poverty
;
[
or
]
���� (4)�� the recipient was
[
engaged in
full-time employment
]
employed
and was income-ineligible for benefits but was terminated from
the employment through no fault of the recipient
; or
����
(5)�� the recipient is the
parent of a dependent child who is a member of the recipient�s household, which
recipient has remained in compliance with the requirements of the program for,
at a minimum, the six months of enrollment immediately preceding the date the
recipient reaches the 60-month time limit
.
���� d.��� The provisions of this
section shall apply to a person who receives general public assistance pursuant
to P.L.1947, c.156 (C.44:8-107 et seq.) after the effective date of
[
this act
]
P.L.1997,
c.37 (C.44:10-71 et al.)
and is subsequently transferred directly into the
Work First New Jersey program.
����
e.���� Following any
extension of assistance due to subsection c. of this section, a recipient may
receive an additional 12 months of assistance in the following circumstances:
���� (1)��
the recipient is a
parent of a dependent child who is a member of the recipient�s household, which
recipient has remained in compliance with the requirements of the program for,
at a minimum, the six months of enrollment immediately preceding the date the
recipient reaches the 60-month time limit; or
����
(2)�� the recipient meets
other criteria, as determined by the commissioner, which criteria demonstrate
that the extension is necessary for the recipient to protect the health, safety,
or well-being of the family, including but not limited to preservation of
family unity.
����
f.���� Any benefits
received for months during which a State of Emergency or Public Health
Emergency exists shall not be considered for purposes of the time limit
provisions outlined in this section and section 8 of P.L.1997, c.14 (C.44:10-51).
(cf: P.L.1997, c.37, s.2)
���� 16.� (New
section)� For the period commencing July 1, 2026 and continuing through July 1,
2030, the benefit level in effect as of the effective date of P.L.��� , c.���
(pending before the Legislature as this bill) shall be annually increased by
any increase in the consumer price index for all urban wage earners and
clerical workers (CPI-W) as calculated by the federal government for the 12
months prior to the March 31 preceding that July 1, plus an additional amount
equal to 20 percent of the difference between the benefit level in effect as of
the effective date of P.L.��� , c.��� (pending before the Legislature as this
bill) and 50 percent of the federal poverty level in effect as of the effective
date of P.L.��� , c.��� (pending before the Legislature as this bill).�
Commencing July 1, 2031, the benefit level shall be annually increased by any
amount as shall be necessary to make the benefit level equivalent to at least
50 percent of the federal poverty level in effect on that July 1. Commencing
July 1, 2031, and annually thereafter, the commissioner shall assess the
real cost of living and actual deprivation as reflected in the standard of need
established pursuant to section 9 of P.L.1997, c.13 (C.44:10-42), and other
cost of self-sufficiency measures, which assessment shall be transmitted to the
Legislature by the commissioner for consideration when deciding on
appropriations to fund cash assistance benefits to recipients.
���� 17.� (New section)� Any
organization that receives a State or local economic incentive shall partner
with one or more local community organizations that provide support and
services to Work First New Jersey program recipients to provide work activity
opportunities and other appropriate services to program recipients, which
activities and services may include, but shall not be limited to: work-study
programs, internships, sector-based contextualized literacy training,
skills-based training in growth industries in New Jersey, and job retention and
advancement services.�
���� As used in this section:
���� "Business" means any
non-governmental person, association, for-profit or non-profit corporation,
joint venture, limited liability company, partnership, sole proprietorship, or
other form of business organization or entity.�
���� "Governmental
entity" means the State, a local unit of government, or a State or local
government agency or authority.
���� "State or local economic
incentive" means a financial incentive, awarded by a governmental entity
to a business, or agreed to between a governmental entity and a business, for
the purpose of stimulating economic development or redevelopment in New Jersey,
including, but not limited to, a bond, grant, loan, loan guarantee, matching
fund, tax credit, or other tax expenditure.
���� "Tax expenditure"
means the amount of foregone tax collections due to any abatement, reduction,
exemption, credit, or transfer certificate against any State or local tax.
���� 18.� Section 3 of P.L.1997,
c.14 (C.44:10-46) is repealed.
���� 19.� The Commissioner of Human
Services shall apply for such State plan amendments or waivers as may be
necessary to implement the provisions of section 3 of this act and to secure
federal financial participation for State Medicaid expenditures under the federal
Medicaid program.
���� 20.� This act shall take
effect 120 days after enactment.
STATEMENT
����� This bill revises various requirements for cash
assistance benefits under the Work First New Jersey (WFNJ) program.
����� The bill provides that an individual who is otherwise
eligible for general assistance benefits under WFNJ will not be deemed
ineligible for public assistance solely on the grounds that the individual is
enrolled in an institution of higher education.
����� The bill allows recipients engaging in alternative
work experience to engage in unpaid work and training with either a for-profit
or nonprofit employer; current law only allows placement with nonprofit or
charitable employer.� An assignment to a for-profit employer may not exceed six
months, and will be conditioned on the assignment likely leading to full-time
employment with the employer.� The bill limits the amount of time a recipient
may be assigned to alternative work experience with any employer to no more
than six months in a 12-month period.� The bill similarly limits the amount of
time a recipient may be assigned to community work experience to no more than
six months in a 12-month period.
����� The bill removes outdated language in the definition
of �dependent child� that required a child in school or vocational training to
reasonably be expected to complete the school or training.�
����� The bill provides that the full amount of child
support provided to the assistance unit for which federal reimbursement is
waived is to pass through to the unit.� Child support that passes through to
the unit will not count as income.� The bill also excludes federal income tax
refunds, State income tax refunds, homestead rebates, and other sources of
income that the Commissioner of Human Services excludes from the definition of
income by regulation.
����� In addition to revising the definition of income, the
bill also provides that the definition of resources is not to include: 1) funds
in an individual retirement account established under State or federal law, or
interest or dividend earnings from such an account, for any recipient who has
not reached full retirement age; and 2) any retirement accounts excluded from
consideration as a resource in the Supplemental Nutrition Program in the Food
and Nutrition Act of 2008.� Furthermore, if an applicant or recipient meets the
resource eligibility standards to qualify for benefits under the State Medicaid
program or the NJ FamilyCare program, the applicant or recipient will be deemed
to meet the resource eligibility standards to qualify for benefits under the Work
First New Jersey program.
����� The bill expands the earned income disregard for the
purposes of the program.� Current law provides that, for recipients employed 20
or more hours a week, and certain recipients with a disability who are unable
to work more than 20 hours per week, 100 percent of earned income is
disregarded for the first month in which it would be counted as earned income;
the disregard drops to 75 percent for the next six consecutive months after
that, and to 50 percent for each consecutive month of employment after that.�
In the case of recipients working less than 20 hours per month, the disregard
is 100 percent for the first full month of employment and 50 percent for each
continuous month of employment after that.�
����� The bill revises the earned income disregard to allow
a 100 percent disregard for the first two full months of employment in which
the earned income would be counted.� This income disregard applies to all
employment, regardless of the number of hours worked.� The disregard would then
drop to 75 percent for six cumulative months of employment, and to 50 percent
for each month of employment thereafter.� If a recipient loses employment then
becomes reemployed, the two months of 100 percent income disregard and the six
months of 75 percent income may be reapplied no more than once every 12-months;
otherwise, the 50 percent income disregard will apply.�
����� The bill revises the requirements to provide
additional supportive services to program recipients.� Current law provides
that assistance may be provided as a last resort when no other source of
support is available.� The bill would revise this standard to allow for the
provision of additional services in appropriate circumstances, as determined by
the commissioner.�
����� Currently, additional assistance is limited to child
care services, transportation assistance, an allowance for work-related
expenses, and extended Medicaid eligibility.� The bill provides that recipients
receiving parenting support services are to be provided with educational
materials, referrals, and other support to identify, access, and enroll in
quality child care services for their dependent children.
����� The bill requires that, when a recipient has reached
24 months of benefits, welfare agencies are to offer additional case management
and supportive services to the recipient, based on an assessment of the
barriers to the recipient securing employment.
����� The bill establishes a new joint reporting
requirement for the Commissioner of Human Services and the Commissioner of
Labor and Workforce Development concerning various aspects of the program.� The
Commissioner of Human Services will be required to make changes to the program
based on the data gathered in order to improve the performance of the program.
����� The bill revises the eligibility criteria for aliens,
which currently makes various distinctions on who is eligible based on the
individual�s date of entry into the United States, country of origin, length of
time in the United States, whether the individual is a veteran, whether the
individual is a victim of domestic violence, and whether the individual has
satisfied certain work requirements, among other factors.� The bill replaces
the term �aliens� with �eligible immigrants,� and provides that the term applies
to all immigrants who otherwise meet program requirements and are lawfully
present in the United States.� The term will include individuals who are
�qualified aliens� or �lawfully present� for the purposes of federal law,
individuals granted relief from federal immigration laws under the federal
Deferred Action for Childhood Arrivals program, and any other non-citizen or
non-national of the United States who is otherwise authorized to live in the
United States.
����� The bill provides that, in determining standards of
income and resources under WFNJ, the Commissioner of Human Services will be
prohibited from reducing benefit levels.
����� The bill adds language clarifying that, when
determining whether good cause exists to excuse noncompliance with program
requirements, good cause is to be considered broadly in consideration of the
recipient�s health, safety, family needs, financial considerations, and other
factors as determined by the commissioner. Furthermore, the bill clarifies that
an applicant will not be deemed ineligible for benefits on the grounds that the
applicant's eligibility is the result of a cessation of employment, unless the
applicant intentionally and voluntarily leaves employment, without good cause,
within 30 days prior to the date of application for benefits, for the sole
purpose of qualifying for WFNJ benefits.� Under current law, an applicant is
ineligible for benefits when the applicant's eligibility is the result of a
voluntary cessation of employment without good cause within 90
days prior to the date of application for benefits.
����� The bill also clarifies that the period of time an
applicant is to be deemed ineligible for benefits due to a voluntary assignment
or transfer of income or resources within one year prior to the time of
application for benefits is not to exceed the value of the income or resource
divided by the monthly standard of need, or 12 months, whichever value is
less.� Income and resources received by a recipient may not be used to
prospectively disqualify a recipient from assistance and are to be considered
only in the month received and at the time of any new application, except in
the case of a voluntary assignment or transfer of income or resources.�� The
bill also clarifies that the agreement a recipient must sign stating that
repayment of benefits will be made, in the event of receipt of income or
resources, includes the receipt of General Assistance repayment subject to a
Supplemental Security Income Interim Assistance Reimbursement Agreement, but
excludes repayment from unemployment benefits and other government benefits.
����� The bill revises language setting forth the general
purposes and goals of the WFNJ program to provide that the purpose of the
program is to provide recipients with the opportunities, training, and work
skills needed to help elevate them out of poverty.� The bill removes certain
language concerning how the program interacts with young parents and how the
system can be disruptive to the family structure, as well as language stating
that the program is consistent with federal law by including a time limit on benefits,
work requirements, enhanced measures to determine paternity, enhanced child
support collection, sanctions for noncompliance with program requirements,
incentives for teenage parents to complete school, and restrictions on
eligibility for aliens.� The bill additionally removes language providing that
WFNJ benefits will only be available when other forms of support and
maintenance are unavailable.
����� The bill expands the work requirements under the
program to promote the use of educational, training, work-study, internship,
and other opportunities that will lead to the recipient�s removal from, and
sustainable avoidance of, poverty.� Recipients will be permitted to forgo work
opportunities for good cause or for other opportunities that will better enable
the recipient to emerge from, and sustainably avoid, poverty.� The bill
requires that good cause be considered broadly in consideration of the recipient�s
health, safety, family needs, financial considerations, and other factors
determined by the commissioner.� The bill removes a requirement that recipients
continuously and actively seek employment.
����� The bill reduces the hourly requirement for work
activity from 40 hours per week to 30 hours per week, and provides that the
maximum aggregate requirement is 20 hours per week for assistance units with a
child under six years of age.� Current law provides for a deferral from the
work activity requirement for parents and relatives caring for a child under 12
weeks of age; the bill extends this deferral to apply to parents and relatives
caring for a child under one year of age.
����� The bill adds a provision to existing law, concerning
the sanctions that may be imposed for noncompliance with program requirements,
to specify that any sanctions imposed are to be applied only to the pro-rata
share of an adult recipient who is noncompliant, and will not apply to any
other adult or child members of the assistance unit who are compliant with
program requirements, which members will continue to be eligible for their full
pro-rata share of cash assistance benefits.� If the cases of all the adult
members of the assistance unit are closed for noncompliance, the dependent
child members will still receive their pro-rata share of assistance benefits as
a dependent child-only unit.
����� The bill removes provisions in existing law that
outline a schedule of sanctions, beyond the reduction of the pro-rata share of
the noncompliant adult for one month.� Under the bill, if the adult fails to
come into compliance by the end of the sanction month, the adult�s pro-rata
share will continue to be suspended until the adult demonstrates an intent to
comply.
�
����� The bill also increases the age at which a dependent
child�s failure to comply with school attendance requirements or requirements
for other work activity participation, without good cause, would result in a
sanction.� Under current law, this provision applies until age 16; as revised
by the bill, this provision applies until age 19.� Further, the bill provides
for a specific reduction of 50 percent in the dependent child�s pro-rata share
of cash assistance benefits for one month for such noncompliance.
����� Under current law, a household receiving emergency
assistance benefits is to continue to receive benefits for one month
immediately following the case closure.� The bill expands this to also include
cash assistance cases that are suspended.��
���� The bill removes provisions of
existing law that allow funding for a WFNJ-funded appropriate living
arrangement to continue for one month immediately following a case closure, if
the recipient is less than 18 years of age and is in the living arrangement
because the recipient is unable to live with a parent, guardian, or other adult
relative.
���� The bill removes provisions of
existing law that render an entire assistance unit ineligible for cash
assistance benefits for a period of two months if an adult recipient in the
unit voluntarily quits a job without good cause.
���� Under the bill, a sanctioned
assistance unit or recipient that returns to compliance within 60 days is to be
provided the balance of any benefit amounts withheld or reduced during the
period in which the assistance unit or recipient was out of compliance, in
addition to any amounts to which the assistance unit or recipient is otherwise
eligible.� Further, a sanctioned assistance unit or recipient that returns to
compliance more than 60 days after the sanction date is to be provided the
balance of any benefit amounts withheld or reduced during the period after
which the assistance unit or recipient demonstrated an intent to comply, in
addition to any amounts to which the assistance unit or recipient is otherwise
eligible.
���� Ordinarily, recipients are allowed a lifetime total of
60 months of benefits.� The bill provides that, in the event any adult in an
assistance unit loses eligibility on the grounds that the individual reached
the 60-month cap, that loss of eligibility will not affect the eligibility of
any other recipient in the assistance unit, including, but not limited to, a
minor child who is receiving assistance.
���� Current law provides for certain exceptions to this
60-month limit.� The bill revises the exceptions involving employment to
provide that they will apply to any form of employment, not just full-time
employment.� The bill expands the existing exceptions to include any parent of
a minor child who was in compliance with program requirements for the six
months of enrollment immediately preceding the date the recipient reached the
60-month limit.�
���� Current law provides for an extension to the 60-month
benefit limit, including up to 12 additional months of benefits, in certain
cases.� The bill expands this to allow an extension for a recipient who is the
parent of a dependent child who is a member of the recipient�s household, which
recipient has remained in compliance with the requirements of the program for,
at a minimum, the six months of enrollment immediately preceding the date the
recipient reaches the 60-month time limit.� The bill also provides that,
following this 12-month extension, a
recipient may receive an additional
12 months of assistance under the same circumstances or if the recipient meets
certain other criteria, as determined by the commissioner, demonstrating that
the extension is necessary for the recipient to protect the health, safety, or
well-being of the recipient�s family, including, but not limited to, preserving
family unity.
���� Under the bill,
any benefit received for months
during which a State of Emergency or Public Health Emergency exists are not to
be considered for purposes of any time limit provisions.
���� The bill provides for a
schedule of increases in WFNJ benefit levels.� For the period commencing July
1, 2026 and continuing through July 1, 2030, the benefit level in effect as of
the effective date of the bill is to be annually increased by any increase in
the consumer price index for all urban wage earners and clerical workers
(CPI-W) as calculated by the federal government for the 12 months prior to the
March 31 preceding that July 1, plus an additional amount equal to 20 percent
of the difference between the benefit level in effect as of the effective date
of the bill and 50 percent of the federal poverty level in effect as of the
effective date of the bill.� Commencing July 1, 2031, the benefit level is to
be annually increased by any amount as is necessary to make the benefit level
equivalent to at least 50 percent of the federal poverty level in effect on
that July 1.� Commencing July 1, 2031, and annually thereafter, the
Commissioner of Human Services is to assess the real cost of living and actual
deprivation as reflected in the standard of need established pursuant to
section 9 of P.L.1997, c.13 (C.44:10-42), and other cost of self-sufficiency
measures.� The assessment is to be transmitted to the Legislature by the
commissioner for consideration when deciding on appropriations to fund cash
assistance benefits to recipients.
���� The bill provides that
organizations that receive State or local economic incentives will be required
to partner with local community organizations to provide work activity
opportunities and other appropriate services to WFNJ recipients, including
training, work-study opportunities, internships, and job retention and
advancement services.
���� The bill repeals section 3 of
P.L.1997, c.14 (C.44:10-46), which concerned benefits for recipients in the
State less than 12 months, and which was invalidated by court ruling and
currently has no force or effect.
���� The bill will take effect 120
days after the date of enactment.