10:87-6.19 Destitute households with income from a new source

(a) Migrant or seasonal farmworker households whose only income for the month of application is from a new source shall be considered destitute and shall be provided expedited service only if income of more than $ 25.00 from a new source will not be received by the 10th calendar day after the date of application. (b) Income which is normally received on a monthly or more frequent basis shall be considered to be from a new source only if more than $ 25.00 has not been received from that new source within 30 days prior to the date the application was filed. (c) If income is normally received less often than monthly, it shall be considered to be from a new source only if more than $ 25.00 was not received within the last normal interval between payments. 1. Example: If a household applies in early January and is expecting to be paid every three months starting in late January, the income shall be considered to be from a new source only if no more than $ 25.00 was received from the source during October or since that time. (d) Households may receive both income from a terminated source prior to and income from a new source after the date of application, and still be considered destitute if they receive no other income in the month of application and more than $ 25.00 from the new source will not be received by the 10th day after the date of application. (e) Destitute households shall have their eligibility and level of benefits calculated for the month of application by considering only income that is received between the first of the month and the date of application. Any income from a new source that is anticipated after the day of application shall be disregarded. (f) Some employers provide travel advances to cover travel costs of new employees who must travel to the location of their new employment. To the extent that these payments are excluded as reimbursements (see N.J.A.C. 10:87-5.9(a)6), receipt of travel advance will not affect the determination of when a household is destitute. l. If the travel advance is, by written contract, an advance on wages which will be subtracted from wages later earned by the employee, rather than a reimbursement, the wage advance shall count as income. Nevertheless the receipt of a wage advance for travel costs of a new employee shall neither affect the determination of whether subsequent payments from the employer are from a new source of income, nor whether a household shall be considered destitute. i. Example: If a household that applies on May 10, has received a $ 50.00 advance for travel from its new employer on May 1 that, by written contract, is an advance on wages, but will not start receiving any other wages from the employer until May 30, shall be considered destitute. The May 30 payment shall be disregarded, but the wage received prior to the date of application shall be counted as income. (g) A household member who changes jobs but continues to work for the same employer shall be considered as still receiving income from the same source. A migrant farm worker's source of income shall be considered to be the grower for whom the migrant is working at a particular point in time, rather than the crew chief. A migrant who travels with the same crew chief but moves from one grower to another is considered to have moved from a terminated income source to a new source. (h) The above expedited procedures apply at initial application and at recertification, but only for the first month of each certification period. At recertification, income from a new source is disregarded in the first month of the certification period if income of more than $ 25.00 will not be received from this new source by the 10th calendar day after the date of the household's normal issuance cycle. History HISTORY: Amended by R.1980 d.117, effective March 19, 1980. See: 11 New Jersey Register 517(a), 12 New Jersey Register 194(b). (f)1: Added language on "written contract". Amended by R.1983 d.121, effective April 4, 1983. See: 15 New Jersey Register 247(a), 15 New Jersey Register 625(b). Originally adopted as an Emergency Rule, R.1983 d.38, effective January 31, 1983. The amendment was pursuant to the Omnibus Budget Reconciliation Act of 1982 (P.L. 97-253) and the Food Stamp and Commodity Distribution Amendments of 1981 (P.L. 97-98, Title 13). Amended by R.1989 d.121, effective February 21, 1989. See: 20 New Jersey Register 2689(a), 21 New Jersey Register 511(b). Substantially amended. Recodified from N.J.A.C. 10:87-6.18 by R.1998 d.498, effective October 5, 1998. See: 30 New Jersey Register 1928(a), 30 New Jersey Register 3669(b). Former N.J.A.C. 10:87-6.19, Certification periods, recodified to N.J.A.C. 10:87-6.20. Amended by R.2004 d.181, effective May 17, 2004. See: 36 New Jersey Register 28(a), 36 New Jersey Register 2425(a). Rewrote the section.