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N.J.A.C. 10:69-5.9 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 5. CONTINUING ELIGIBILITY IN AFDC-RELATED MEDICAID § 10:69-5.9 Legally responsible relatives capacity to support (a) Each legally responsible relative's capacity to support shall be reevaluated at least once in each 12- month period and adjustments made as indicated (see N.J.A.C. 10:69-3.31(d)). (b) Each legally responsible relative shall be contacted unless it can be verified that the relative: 1. Is receiving public or private financial assistance; 2. Has no source of support except fixed income, such as pension, retirement benefits or statutory benefits, and there was no capacity to support at time of last evaluation; 3. Is himself or herself dependent upon a relative (other than the client) for support; 4. Is receiving care in an institution for a mental or physical condition, or is in a penal institution and has no capacity to support; or 5. Cannot reasonably be anticipated to have experienced a change in income since the last evaluation that would affect his or her capacity to support. (The eligibility worker will consult with his or her supervisor when this appears to be the situation.) (c) When a decision is made that it is not necessary to reevaluate capacity to support for one of the reasons in (b) above, the justification for such decision shall be recorded in the case record with notation of any plan for making contact in the future. (d) The CSSA shall avoid making routine requests of other CSSAs or of out-of-State agencies to contact relatives for reevaluation of capacity to support. When, after careful evaluation of the need for such service, it is considered essential to request an interview, the letter of request shall clearly identify both the nature and the purpose of the desired service. 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 (a), substituted "12-month" for "six-month"; and deleted (a)1. 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.