S866

An Act extending eligibility for certain individuals for emergency assistance and amending P.L.1997, c.14.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 8 of P.L1997, c.14 (C.44:10-51) is amended to read as follows:

8. a. Emergency assistance shall be provided only to recipients of Work First New Jersey and persons receiving Supplemental Security Income pursuant to P.L.1973, c.256 (C.44:7-85 et seq.) in emergent situations, as determined by the commissioner, for up to 12 cumulative months; except that:

(1) the commissioner may provide for an extension of emergency assistance for up to six additional months to an assistance unit with dependent children, if the commissioner determines that a case of extreme hardship exists. The commissioner shall review each such case on a monthly basis during the six-month period and shall continue the emergency assistance only if the commissioner determines, based upon the monthly review, that the extreme hardship continues to exist. If the extreme hardship continues to exist at the end of the six-month period, the commissioner may provide an additional six months of emergency assistance to no more than 10% of those assistance units with dependent children which are receiving temporary rental assistance under the emergency assistance component of the program, based upon the most current data available; [and]

(2) the commissioner may provide for an extension of emergency assistance for up to six additional months to no more than 10% of single adults and couples without dependent children who are receiving temporary rental assistance under the emergency assistance component of the program, if the commissioner determines that a case of extreme hardship exists. The commissioner shall review each such case on a monthly basis during the six-month period and shall continue the emergency assistance only if the commissioner determines, based upon the monthly review, that the extreme hardship continues to exist; and

(3) the commissioner shall provide for an extension of emergency assistance to an individual, if the commissioner determines that the individual is:

(a) the parent or other relative of a disabled child or other disabled dependent who must provide full-time care for the disabled child or other disabled dependent;

(b) permanently disabled, including, but not limited to, a person eligible for disability insurance benefits under Title II of the federal Social Security Act (42 U.S.C.s.401 et seq.), as defined by regulation of the commissioner;

(d) chronically unemployable as defined by regulation of the commissioner.

The commissioner shall review each individual’s eligibility for emergency assistance every six months and shall continue the emergency assistance if the commissioner determines, based upon the review, that the individual continues to meet the criteria established pursuant to this paragraph (3).

Any form of emergency assistance provided pursuant to paragraphs (1) and (2) of this section shall count toward the maximum period of emergency assistance allowed.

b. A person receiving emergency assistance shall contribute from the person's income toward the payment of all emergency shelter arrangements, including temporary housing and temporary rental assistance, in accordance with regulations adopted by the commissioner. As a condition of receipt of emergency assistance, a person shall be required to take all reasonable steps to end the person's dependency on emergency assistance and take all other actions required by the commissioner.

c. The commissioner shall adopt regulations to establish classifications for hotel or motel per diem rates in accordance with the level of enhanced services provided at a participating hotel or motel.

d. The provisions of this section shall apply to a person who receives general public assistance pursuant to P.L.1947, c.156 (C.44:8-107 et seq.) after the effective date of this act and is subsequently transferred directly into the Work First New Jersey program.

e. The commissioner shall require that identifying information for all individuals who receive emergency assistance pursuant to subsection a. of this section shall be entered into the Foothold Homeless Management Information System, or a similar electronic database as designated by the commissioner. The identifying information shall include: individual identifier of the recipient; amount and type of emergency assistance delivered to the recipient; and time period in which emergency assistance was provided to the recipient. The information shall be compiled by the Division of Family Development on an annual basis and submitted to the Legislature no later than April 1 of the current calendar year for expenditures in the prior calendar year.

f. Recipients of emergency assistance benefits shall be notified, in writing, of any termination or modification of the recipient’s emergency assistance benefits at least one month prior to the termination or modification of the recipient’s emergency assistance benefits.

g. Section 9 of P.L.1997, c.14 (C.44:10-52) shall apply to any denial, termination, or modification of emergency assistance benefits.

(cf: P.L.1997, c.14, s.8)

2 The Commissioner of Human Services, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations as the commissioner determines necessary to effectuate the purposes of this act.

3. This act shall take effect immediately.

STATEMENT

This bill excludes individuals who meet certain criteria from time limits imposed on the provision of emergency assistance benefits.

Currently, individuals who are: the parent or relative of a disabled dependent who is providing full-time care for the disabled dependent, permanently disabled, over 60 years of age, or chronically unemployable are exempt from the 60-month time limit established for the receipt of temporary assistance for needy families. However, these same individuals are not also exempt from the time limits imposed on the emergency assistance program.

This bill amends current law to exclude these individuals from the time limits imposed on the provision of emergency assistance benefits. Under the bill, the Commissioner of Human Services is required to provide an extension of emergency assistance to an individual, if the commissioner determines that the individual is:

-- the parent or other relative of a disabled child or other disabled dependent who must provide full-time care for the disabled child or dependent,

-- permanently disabled, including, but not limited to, a person eligible for disability insurance benefits under Title II of the federal Social Security Act, as defined by regulation of the commissioner,

-- over 60 years of age, or

-- chronically unemployable as defined by regulation of the commissioner.

The bill requires the commissioner to review each individual’s eligibility for emergency assistance every six months, and to continue the emergency assistance if the commissioner determines that the individual continues to meet the bill’s criteria.

In addition, the bill requires certain identifying information for all individuals who receive emergency assistance to be entered into the Foothold Homeless Management Information System, or a similar electronic database designated by the commissioner. The bill provides that the information entered into the system must include: an individual identifier of the recipient, the amount and type of emergency assistance delivered to the recipient, and time period in which emergency assistance was provided to the recipients. The bill requires the information to be compiled by the Division of Family Development on an annual basis and submitted to the Legislature no later than April 1 of the current year for expenditures in the prior year.

The bill requires recipients of emergency assistance benefits to be notified, in writing, of any termination or modification of the recipient’s emergency assistance benefits at least one month prior to the termination or modification of the benefits.

The bill affords those applicants and recipients whose emergency assistance benefits are denied, terminated, or modified the same opportunity for a hearing, to be conducted by the Office of Administrative Law, as is currently provided by law for applicants and recipients of benefits under the Work First New Jersey Program whose claims are denied, reduced, suspended, terminated, or not acted upon within a reasonable time.

The bill requires the commissioner to adopt rules and regulations necessary to effectuate the purposes of the bill.

Prior to July 2015, certain individuals who were receiving benefits through the emergency assistance program were granted additional assistance beyond the initial 12 months of emergency assistance through pilot programs, implemented by the Department of Human Services. As of July 2015, the pilot programs were not reissued and over 3,000 low-income individuals were left without rental assistance. The purpose of this bill is to ensure emergency assistance is provided to the neediest in this State for so long as these individuals require assistance.