New Jersey § 44:10-44

§ 44:10-44.

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 , 1 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 ” 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; 2 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. 3 “ Income ” means, but is not limited to, commissions, salaries, self-employed earnings, child

support and alimony payments, 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, any interest

or dividend earnings from such an account shall not be considered income. “ 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. “ 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 4 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. ). 1

42 U.S.C.A. § 601 et al. 2

42 U.S.C.A. § 301 et seq. 3

8 U.S.C.A. § 1641. 4

42 U.S.C.A. § 651 et seq.