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Page 61 of 233 § 10:90-2.9 Definition of employable/unemployable persons in WFNJ/GA

ix. A caretaker relative of a disabled dependent who must provide full-time care for the disabled dependent (see N.J.A.C. 10:90-2.4(a)2ii). No more than one person in an eligible unit may be considered unemployable for this reason without written authorization from the DFD; and/or x. Persons determined to be incapacitated by the agency that administers the WFNJ/GA program are unemployable when such determination of incapacity is supported by the following circumstances: (1) Form WFNJ/MED-1 shall be fully completed by an examining physician that the individual is unable to comply with WFNJ/GA requirements. Such certification shall include, at a minimum, the date of examination, diagnosis, length of incapacity, functional limitations, prescribed treatment, an indication of whether or not reevaluation will be necessary, and the examining physician's signature. The cash assistance benefit shall be issued at the employable rate until the recipient is determined unemployable for a minimum of six continuous months by the examining physician. Upon presentation of documentation of unemployability, applicants and recipients shall be considered deferred from the work requirement in accordance with N.J.A.C. 10:90-4.10. A recipient whose unemployable status fluctuates from month-to-month will continue to receive cash assistance at the employable rate until he or she is determined unemployable for a minimum of six continuous months by an examining physician. Payment at the unemployable rate shall begin at the seventh month of unemployability. If medical documentation presented at application or redetermination indicates a period of unemployability of six months or more, then the unemployable cash assistance rate shall be issued upon a determination of eligibility. (A) Individuals who are deferred from the work requirement because of a physical or mental condition, which prevent them from being able to work full-time may participate part-time in a WFNJ work activity or employment if their physical or mental impairment allows, and the examining practitioner certifies on the WFNJ/MED-1 that the individual's physical or mental condition will allow participation. If a deferred individual chooses to participate in a work activity or employment and then finds that his or her condition precludes continuing participation, he or she shall not be subject to a WFNJ 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. History

HISTORY: Amended by R.1998 d.42, effective January 20, 1998. See: 29 N.J.R. 3971(b), 30 N.J.R. 389(a). In (a)2ix, added reference to N.J.A.C. 10:90-2.4(a)2ii.