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Page 2 of 2 § 10:72-9.4 Income eligibility for NJ WorkAbility the provisions of this chapter or a person who is in the budget unit of an eligible AFDC-related Medically Needy case (including a case that is eligible pending spend-down). 1. If the countable income (before income deeming) of the disabled individual exceeds the Federal poverty level for one person, he or she shall be ineligible for benefits and income deeming shall not apply. 2. When income of a spouse is deemed to a disabled individual, the total countable income after deeming shall be compared to the Federal poverty level for two persons. 3. In determining income eligibility of a child, the child's income after deeming shall be compared to the Federal poverty level for one person. 4. When the income of a spouse shall be deemed to both a disabled individual and a blind or disabled child, the income shall be first deemed to the disabled spouse. If the income (after deeming) of the disabled spouse does not exceed the Federal poverty level, he or she shall be income-eligible and there shall be no income to be deemed to the blind or disabled child. If the Federal poverty level is exceeded, the disabled adult shall be income ineligible and the excess income shall be deemed to the blind or disabled child. 5. When parental income shall be deemed to more than one blind or disabled child, the deemable income shall be divided equally among such children. History HISTORY: Amended by R.2002 d.317, effective September 16, 2002. See: 34 N.J.R. 600(a), 34 N.J.R. 1402(a), 34 N.J.R. 3270(a). Annotations Notes Chapter Notes Case Notes Medicaid recipient was denied relief from a county board's termination of her benefits on the ground that her income now exceeded the statutory limit. The recipient now was receiving VA benefits, survivor Social Security Act (SSA) benefits and SSA disability benefits, and her gross monthly income of $ 2,293.19 exceeded the applicable ceiling on income, which was $ 990. D.R. v. Morris Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 11139-16, 2016 N.J. AGEN LEXIS 749, Initial Decision (August 29, 2016). NEW JERSEY ADMINISTRATIVE CODE Copyright © 2025 by the New Jersey Office of Administrative Law End of Document