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N.J.A.C. 10:69-3.34 This file includes all Regulations adopted and published through the New Jersey Register, Vol. 57 No. 12, June 16, 2025 NJ - New Jersey Administrative Code > TITLE 10. HUMAN SERVICES > CHAPTER 69. AFDC-RELATED MEDICAID > SUBCHAPTER 3. ESTABLISHING PROGRAM ELIGIBILITY IN AFDC-RELATED MEDICAID § 10:69-3.34 Liquidation of all debts, claims, interests, settlements, and trust funds (a) Members of the eligible family shall take all necessary and reasonable action to avail themselves of funds for support from others who owe or may owe money to them or who are holding funds for them. Any funds made available by such action shall be considered as income to the eligible family, except as provided in N.J.A.C. 10:69-3.36(b). 1. When a trust fund exists for a member of the eligible family, the CSSA shall determine whether or not the funds are currently accessible. If accessible, the funds represent a source of funds for support and shall be considered in determining eligibility. i. When a trust fund is not currently accessible and it exists at the time of application, the client shall, as a condition of eligibility, make a bona fide presentation of a petition to the appropriate court for release of the funds for current and future support. The agency shall assist the client if necessary. (1) When a trust fund is not currently accessible and came into being during the term of the assistance case, the agency shall present a petition to the appropriate court for release of funds for current and future support. The client shall, as a condition of continuing eligibility, provide whatever cooperation may be necessary in the presentation of the petition. History HISTORY: Special amendment, R.2000 d.411, effective September 12, 2000 (to expire March 12, 2001). See: 32 N.J.R. 3598(a). Rewrote (a). 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 the introductory paragraph of (a)1, substituted "CWA" for "CBOSS". Annotations