New Jersey § 44:10-57

§ 44:10-57.

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. “ 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 , 1 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 ” 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; 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 “ 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, 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. “ 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. “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 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. 1

42 U.S.C.A. § 601 et seq. 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.