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Page 2 of 3 § 10:69-3.31 Legally responsible relatives (LRRs) (f) The eligible unit shall not be eligible for AFDC-related Medicaid when the amount of the legally responsible relative's evaluated capacity to support equals or exceeds his or her adjusted allowance and this support is actually provided to the eligible unit. 1. The LRR's contribution shall be considered available only when there is affirmative and persuasive evidence that such amount or its equivalent in goods or services is in fact provided to members of the eligible unit. (For details see N.J.A.C. 10:69-3.7.) 2. When any LRR fails or refuses to provide any portion of his or her contribution the agency shall, within 30 days, take appropriate action in accordance with available procedures to compel contribution in the amount of the adjusted allowance or the evaluated capacity to support, whichever is less. 3. Whenever the LRR fails or refuses to furnish information concerning his or her ability to support members of the eligible unit, it shall be deemed a failure or refusal to provide support as required by law. i. In such cases the agency shall take appropriate action within 30 days, in accordance with available procedure to secure judicial determination of the LRR's ability to support the eligible unit member(s). Until such determination is made, each LRR shall be considered a potential resource. 4. For a LRR in the home of the eligible unit, see N.J.A.C. 10:69-3.10. (g) When it has been determined by judicial process that a child of an applicant for or beneficiary of AFDC- related Medicaid has been abandoned, deserted or not supported by the applicant or beneficiary during his or her minority, such person is legally excused and relieved of obligation and shall not be considered a legally responsible relative. (h) When an individual (under the age of 19) who is himself or herself a parent lives in the same home as his or her own parent(s) or legal guardian(s), and the adolescent parent applies for AFDC-C or -F, the income of such parent(s) or legal guardian(s) shall be considered available to the eligible unit in accordance with the deeming provisions of N.J.A.C. 10:69-10.44. History HISTORY: Special amendment, R.2000 d.411, effective September 12, 2000 (to expire March 12, 2001). See: 32 N.J.R. 3598(a). In (d), substituted "12" for "six" following "at least once every" in the first sentence. Adopted concurrent proposal R.2001 d.123, effective March 12, 2001. See: 32 N.J.R. 3598(a), 33 N.J.R. 1123(c). Readopted provisions of R.2000 d.411 without change. Amended by R.2017 d.209, effective December 4, 2017. See: 49 N.J.R. 1789(a), 49 N.J.R. 3729(a). In (a), substituted "CWA" for "CBOSS"; rewrote (b); in (f), substituted "his or her" for "their"; and in (f)4 and (h), updated the N.J.A.C. references. Annotations Notes