Page 66

Page 2 of 4 § 10:72-4.4 Income eligibility; aged, blind and disabled individuals 2. When income of a spouse is deemed to an aged, blind, or disabled individual, the total countable income after deeming is compared to the poverty income guideline for two persons. 3. In determining income eligibility of a child, the child's income after deeming is compared to the poverty income guideline for one person. 4. When the income of a spouse must be deemed to both an aged, blind, or disabled individual and a blind or disabled child, the income is first deemed to the aged, blind, or disabled spouse. If the income (after deeming) of the aged, blind, or disabled spouse does not exceed the poverty income guideline, he or she is income eligible and there is no income to be deemed to the blind or disabled child. If the poverty income guideline is exceeded, the aged, blind, or disabled adult is income ineligible and the excess income is deemed to the blind or disabled child. 5. When parental income must be deemed to more than one blind or disabled child, the deemable income shall be divided equally among such children. History HISTORY: Emergency New Rule, R.1988 d.96, effective February 2, 1988 (expired April 2, 1988). See: 20 N.J.R. 548(a). This section was originally "resource eligibility" which was recodified to 4.5. Adopted Concurrent Proposal, R.1988 d.212, effective May 16, 1988. See: 20 N.J.R. 548(a), 20 N.J.R. 1103(a). Amended by R.1998 d.116, effective January 30, 1998 (operative February 1, 1998; to expire July 31, 1998). See: 30 N.J.R. 713(a). Adopted concurrent proposal, R.1998 d.426, effective July 24, 1998. See: 30 N.J.R. 713(a), 30 N.J.R. 3034(a). Readopted provisions of R.1998 d.116 without change. Amended by R.2002 d.124, effective April 15, 2002. See: 33 N.J.R. 4188(a), 34 N.J.R. 1546(a). In (b), added ", except as follows:" at the end of the introductory paragraph and added i. Amended by R.2008 d.30, effective January 22, 2008. See: 39 N.J.R. 3704(a), 40 N.J.R. 723(a). Section was "Income eligibility; aged, blind, and disabled individuals". In the introductory paragraph of (c) and in (c)2, deleted the comma following "blind"; and in (c)2, deleted the comma following "parent" and deleted ", clothing," following "food". Annotations Notes Chapter Notes