10:87-5.4 Earned income

(a) For the purposes of determining net NJ SNAP income, earned income shall include the following: 1. All wages and salaries received as compensation for services performed as an employee; 2. When the earned income of one or more household members and the earned income of a nonhousehold member are combined into one wage, the income of the household member shall be determined as follows: i. If the household's share can be identified, the CSSA shall count that portion as earned income to the household; or ii. If the household's share cannot be identified, the CSSA shall prorate the earned income among those persons it was intended to cover and count that prorated share as earned income to the household; 3. The gross income from a self-employment enterprise, including the total gain from the sale of any capital goods or equipment related to the business (see N.J.A.C. 10:87-5.9(a)14). i. Ownership of rental property shall be considered a self-employment enterprise. However, income derived from the rental property shall be considered earned income only if a member of the household is actively engaged in the management of the property for an average of at least 20 hours per week (see also N.J.A.C. 10:87-5.5(a)3). ii. Payments received from a roomer or boarder shall be considered self- employment income, except income from foster care boarders, in accordance with N.J.A.C. 10:87-5.9(a)11ii; 4. Training allowances from vocational and rehabilitative programs recognized by Federal, State, or local governments, to the extent they are not a reimbursement (see N.J.A.C. 10:87-5.9(a)9iii(1)); 5. Payments to volunteers under Title I (VISTA, University Year for Action and so forth) of the Domestic Volunteer Service Act of 1973 (P.L. 93-113) shall be considered earned income and subject to the earned income deduction specified at N.J.A.C. 10:87-5.10(a)2, excluding payments to households as set forth at N.J.A.C. 10:87- 5.9(a)16iii; 6. Earnings to individuals who are participating in on-the-job training programs under the Workforce Investment Act per 7 CFR 273.9(b)(1)(v). This provision does not apply to household members under 19 years of age who are under the parental control of another adult member, regardless of school attendance and/or enrollment. For the purpose of this provision, earnings include monies paid under the Workforce Investment Act and monies paid by the employer; 7. Educational assistance that has a work requirement (such as work study, or an assistantship or fellowship with a work requirement), and which is not excluded under N.J.A.C. 10:87-5.11, shall be treated as earned income; and 8. Military personnel income monies that are actually made available to the applicant or participating NJ SNAP household by the absent military family member are counted as income for NJ SNAP program purposes. History HISTORY: Amended by R.1983 d.223, effective May 3, 1983. See: 15 N.J.R. 629(a), 15 N.J.R. 1033(a). Originally adopted as an Emergency Rule, R.1983 d.116, eff. March 31, 1983, operative April 1, 1983. The amendment is pursuant to the Food Stamp Act Amendments of 1982 (P.L. 97-253) and the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35). Combined income of household and nonhousehold members explained at (a)2; 2 and 3 renumbered 3 and 4. Amended by R.1984 d.17, effective February 6, 1984. See: 15 N.J.R. 1821(a), 16 N.J.R. 246(a). (a)5; payment to volunteers added. Correction: Added material missing in (a) and (a)5. See: 18 N.J.R. 1414(a). Emergency Amendment and Concurrent Proposal, R.1986 d.297, effective June 30, 1986 (operative July 1, 1986). See: 18 N.J.R. 1490(a). (a)1i deleted from section. Readopted Concurrent Proposal, R.1986 d.395, effective October 6, 1986. See: 18 N.J.R. 1490(a), 18 N.J.R. 2015(c). Amended by R.1989 d.121, effective February 21, 1989. See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b). Substantially amended. Amended by R.1990 d.270, effective May 21, 1990. See: 22 N.J.R. 139(a), 22 N.J.R. 1599(a). In (a)6: added text to specify programs administered under JTPA, Section 204(5). Amended by R.1998 d.498, effective October 5, 1998. See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b). In (a), added 7. Amended by R.1999 d.6, effective January 4, 1999. See: 30 N.J.R. 3451(a), 31 N.J.R. 69(a). In (a)4, deleted a reference to WIN and REACH. Amended by R.2004 d.181, effective May 17, 2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Deleted the introductory phrases throughout and rewrote (a)6. Amended by R.2009 d.94, effective March 16, 2009. See: 40 N.J.R. 5932(a), 41 N.J.R. 1245(b). In the introductory paragraph of (a)3, substitute a period for a semicolon at the end; and in (a)3ii, substituted ", except income from foster care boarders, in accordance with N.J.A.C. 10:87-5.9(a)10ii;" for a period at the end. Amended by R.2012 d.031, effective February 6, 2012 (operative March 7, 2012). See: 43 N.J.R. 2114(a), 44 N.J.R. 241(a). In the introductory paragraph of (a), substituted "NJ SNAP" for "food stamp"; in (a)5, deleted a comma following "Action", and updated the N.J.A.C. reference at the end; in (a)6, substituted "CFR" for "C.F.R."; in (a)7, substituted "that" for "which" and "; and" for a period at the end; and added (a)8. Administrative correction. See: 50 N.J.R. 1814(c).