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Page 43 of 233 § 10:90-2.4 Exemptions from the 60-cumulative-month time limit

disability (SSI or RSDI) benefits or be among those who have been determined by the State Department of Labor and Workforce Development to be impaired to such a degree that they will not likely achieve employment even with the provision of vocational rehabilitation services. This includes persons who are permanently disabled because of HIV-related illness who are eligible for Federal SSI benefits. ii. Such individuals, if their physical or mental impairment allows, may participate in part-time WFNJ work activities or employment for a length of time as designated by the certifying practitioner. When such individuals choose to engage in a WFNJ work activity and/or employment and then find that their condition or impairment prevents such activity, he or she can revert back to deferred status and are not subject to sanction. Part-time participants shall be given access to the same services and supports as non-deferred recipients, such as access to training slots, transportation and child care supports. iii. At the time of case redetermination, a permanently disabled individual's condition shall be reviewed. A recertification using a WFNJ/MED-1 shall not be required for those individuals who provide documentation that they have been determined permanently disabled and are receiving disability insurance benefits under Title II or Title XVI of the Federal Social Security Act; otherwise a recertification using a WFNJ/MED-1 form shall be required annually. If the condition remains unchanged, a new Individual Responsibility Plan does not have to be completed for the permanently disabled individual. (1) For an individual that may be work ready, a new WFNJ/MED-1 must be completed. Additionally, if the WFNJ agency worker, through his or her observation or through any other means, which can be documented, believes that a positive change in the individual's condition occurred, such observations shall be documented through the worker's completion of a WFNJ-6, Work First New Jersey Medical-Social Information Report; 4. Chronically unemployable as defined by the provisions below: i. A chronically unemployable adult cannot be identified until at least 36 months have been spent in the WFNJ program and the adult exhibits a limited and inconsistent or no history of full-time, ongoing successful gainful employment (including, but not limited to, multiple or lengthy periods of unemployment or underemployment) or successful participation in work activities despite good faith efforts which have been documented. ii. No single factor or employment barrier is used to make a determination of chronically unemployable, but rather, an individual shall be considered chronically unemployable if he or she has a limited and inconsistent or no work history as defined above and any one of the following criteria: (1) Has low literacy or math level (below sixth grade); or (2) Exhibited personal, social or psychological factors (as indicated in (a)4ii(2)(A) through (E) below) which indicate that the person is unlikely to ever get and/or keep a job in the foreseeable future-any one of the following which