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N.J.A.C. 10:72-9.4 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 72. NEW JERSEY CARE ... SPECIAL MEDICAID PROGRAMS MANUAL > SUBCHAPTER 9. NJ WORKABILITY § 10:72-9.4 Income eligibility for NJ WorkAbility (a) The earned income of a qualified applicant, after disregards, shall not exceed 250 percent of the Federal poverty level for a family unit of one or two, as applicable. (b) The unearned income of a qualified applicant, after disregards, shall not exceed 100 percent of the Federal poverty level for a family unit of one or two, as applicable. (c) Countable income for NJ WorkAbility individuals shall be determined in accordance with the income rules found at N.J.A.C. 10:71-5. All rules at N.J.A.C. 10:71-5 shall apply, with the following exceptions: 1. The disregard of cost-of-living increases in Social Security benefits provided for in N.J.A.C. 10:71- 5.3(a)7x and xi shall not apply. 2. The deeming of the income of an alien's sponsor as provided for at N.J.A.C. 10:71-5.7 shall not apply. 3. Wages paid by the U.S. Census Bureau for temporary employment related to Census 2000 activities shall not be counted as income. 4. Social Security Disability benefits and Railroad Disability benefits received by the individual on his or her own account shall not be counted as income. 5. Nonrecurring lump sum income received by the household unit of a disabled individual shall be counted as income in the month received and any portion retained shall be counted as a resource in subsequent months. (d) A disabled individual shall have the value of in-kind support and maintenance counted as unearned income in the following circumstances: 1. A disabled adult, who would, in accordance with rules at N.J.A.C. 10:71-5.6(c)4, be determined to be "living in the household of another," shall be considered to have unearned income in the amount specified at N.J.A.C. 10:71-5.4(a)12, less $ 20.00. The amount of income so assigned shall not be rebuttable by the applicant or beneficiary. 2. Any disabled person other than those addressed in (d)1 above, to whom food, clothing, or shelter is given or paid for by someone other than a spouse, parent, or minor child residing in the same household, shall be presumed to receive in-kind support and maintenance. The presumed value of the support and maintenance shall be the values specified at N.J.A.C. 10:71-5.4(a)12. The presumed value so assigned may be rebutted in accordance with the provisions of N.J.A.C. 10:71-5.4(a)12i. (e) In accordance with N.J.A.C. 10:71-5.5, the income of the spouse of a disabled individual shall be deemed to the disabled individual if they are residing in the same household. Income of the parent(s) of a disabled child under the age of 18 residing in the same household shall be deemed available to the child in determining income eligibility for benefits under this chapter. No income shall be deemed to a disabled individual from a person who is a member of a household unit of an eligible pregnant woman or child under