New Jersey § 44:10-64

§ 44:10-64.

a. A person shall be required to satisfy any sanction or repayment obligation incurred

pursuant to any federal or State law governing public assistance, including any act

repealed by this act, as a condition of eligibility for benefits. b. (1) Whenever a parent or relative with whom a dependent child is living applies

for or is receiving benefits for that child, and it appears that there is pending

entitlement to a payment to the child or to either or both of his parents of funds

arising from a claim or interest legally or equitably owned by the child or by either

or both of his parents, other than that portion of a personal injury award which a

court specifically awards to a child to make him whole as a result of an injury, the

county agency may, as a condition of eligibility or continuation of eligibility for

benefits, require either or both parents, or relative, to execute a written promise

to repay, from the funds anticipated, the amount of benefits to be granted from the

date of entitlement to that payment. Upon any refusal to make repayment, including refusal by any person acting for or

on behalf of either or both parents, or relative, in accordance with the written promise,

the county agency may take all necessary and proper action under State law to enforce

that promise, and the granting or continuing of benefits, as the case may be, shall

be deemed due consideration therefor. Any payments from the settlement of the claim or interest legally or equitably owned

by the child or by either or both of his parents made by any person acting for or

on behalf of either or both parents, or relative, subsequent to notice of claim of

the county agency and prior to express written approval by the county agency shall

cause that person to be liable to the county agency in the amount of the payment. (2) Whenever any child with respect to whom benefits have been paid pursuant to this

act or assistance paid pursuant to any act repealed by this act, shall die prior to

the attainment of his 21st birthday, and shall leave an estate, the total amount of

benefits paid with respect to that child pursuant to this act and the total amount

of assistance paid pursuant to any act repealed by this act, shall be a valid and

enforceable claim against that estate, with priority over all other unsecured claims

except reasonable funeral expenses and terminal medical and hospital expenses, and

the county agency shall take all necessary and proper action under State law to enforce

that claim. (3) The county agency may, with the consent and approval of the Division of Family

Development in the Department of Human Services, compromise and settle any claim for

repayment of benefits paid pursuant to this act or assistance paid pursuant to any

act repealed by this act. (4) The Division of Family Development shall determine and cause to be made such financial

adjustments as are necessary to maintain a correct proportional participation in any

repayment among the counties and State.