A15

ASSEMBLY, No. 15

STATE OF NEW JERSEY

INTRODUCED NOVEMBER 7, 1996

By Assemblywoman VANDERVALK and Assemblyman CHARLES

An Act concerning welfare reform, supplementing Title 44 of the Revised Statutes and amending P.L.1994, c.147.

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

1. (New section) As used in this act:

"Applicant" means an applicant for benefits provided by the Work First New Jersey program.

"Assistance unit" means: a single person without dependent children; a couple without dependent children; dependent children only; or a person with one or more dependent children who are legally or blood-related, or who is their legal guardian, and who live together as a household unit.

"Benefits" means any assistance provided to needy persons and their dependent children and single persons under the Work First New Jersey program.

"Commissioner" means the Commissioner of Human Services.

"County agency" means the agency, including, but not limited to, a county planning council, designated by a county and approved by the commissioner to administer the Work First New Jersey program in that county.

"Dependent child" means a child:

a. under the age of 18;

b. under the age of 19 and a full-time student in a secondary school or an equivalent level of vocational or technical training, if, before the student attains age 19, the student may reasonably be expected to complete the student's program of secondary school or training; or

c. under the age of 21 and enrolled in a special education program,

who is living in New Jersey with the child's natural or adoptive parent or legal guardian, or with a relative designated by the commissioner in a place of residence maintained by the relative as the relative's home.

"Eligible alien" means one of the following:

a. a qualified alien immigrant admitted to the United States prior to August 22, 1996, who is eligible for means-tested, federally funded public benefits pursuant to federal law;

b. a refugee, asylee, or person granted withholding of deportation under federal law for the person's first five years after receiving that classification in the United States pursuant to federal law;

c. a qualified alien immigrant who is a veteran of, or on active duty in, the armed forces of the United States, or the spouse or dependent child of that person pursuant to federal law;

d. a recipient of refugee and entrant assistance activities or a Cuban or Haitian entrant pursuant to federal law; or

e. a legal permanent resident alien who has worked 40 qualifying quarters of coverage as defined under Title II of the federal Social Security Act; except that, for any period after December 31, 1996, a quarter during which an individual received means-tested, federally funded public benefits shall not count toward the total number of quarters.

"Income" means, but is not limited to, commissions, salaries, self-employed earnings, interest and dividend earnings, wages, receipts, unemployment compensation, any legal or equitable interest or entitlement owed that was acquired by a cause of action, suit, claim or counterclaim, insurance benefits, temporary disability claims, estate income, trusts, federal income tax refunds, State income tax refunds, homestead rebates, lottery prizes, casino and racetrack winnings, annuities, retirement benefits, veterans' benefits, union benefits, or other sources that may be defined as income by the commissioner; except that in the event that individual development accounts for recipients are established by regulation of the commissioner, any interest or dividend earnings from such an account shall not be considered income.

"Income eligibility standard" means the income eligibility threshold based on assistance unit size established by regulation of the commissioner for benefits provided within the limit of funds appropriated by the Legislature.

"Non-needy caretaker" means a relative caring for a dependent child, or a legal guardian of a minor child who, in the absence of a natural or adoptive parent, assumes parental responsibility and has income which exceeds the income eligibility standard but is less than 150% of the State median income adjusted for household size.

"Recipient" means a recipient of benefits under the Work First New Jersey program.

"Resources" means all real and personal property as defined by the commissioner; except that in the event that individual development accounts for recipients are established by regulation of the commissioner, all funds in such an account, up to the limit determined by the commissioner, including any interest or dividend earnings from such an account, shall not be considered to be a resource.

"Services" means any Work First New Jersey benefits that are not provided in the form of cash assistance.

"Work First New Jersey program" or "program" means the program established pursuant to P.L. , c. (C. )(pending before the Legislature as Assembly Bill No. 12 of 1996).

2. (New section) a. Benefits under the Work First New Jersey program shall be determined according to standards of income and resources established by the commissioner. These standards shall take into account, for the determination of eligibility and the provision of benefits, all income and resources of all persons in the assistance unit of which the applicant or recipient is a member, except as provided by law governing the Work First New Jersey program and as prescribed by the commissioner. The benefits to be granted shall be governed by standards established by regulation of the commissioner. The commissioner may set income and resource eligibility and benefits standards that differ with respect to types of assistance units.

b. A recipient, as a condition of eligibility for benefits, shall, subject to good cause exceptions as defined by the commissioner, be required to: do all acts stated herein necessary to establish the paternity of a child born out-of-wedlock, and to establish and participate in the enforcement of child support obligations; cooperate with work requirements established by the commissioner; make application for any other assistance for which members of the assistance unit may be eligible; be income and resource eligible as defined by the commissioner, including the deeming of income and resources as appropriate; provide all necessary documentation which shall include the federal Social Security number for all assistance unit members, except for an eligible alien who cannot be assigned a Social Security number due to his status, or make application for same; sign an agreement to repay benefits in the event of receipt of income or resources; and comply with personal identification requirements as a condition of receiving benefits, which may employ the use of high technology processes for the detection of fraud.

c. Notwithstanding any other provision of law or regulation to the contrary, an applicant shall not be eligible for benefits when the applicant's eligibility is the result of a voluntary cessation of employment without good cause, as determined by the commissioner, within 90 days prior to the date of application for benefits.

d. A voluntary assignment or transfer of income or resources within one year prior to the time of application for benefits for the purpose of qualifying therefor shall render the applicant and the applicant's assistance unit members ineligible for benefits for a period of time determined by regulation of the commissioner.

e. Any income or resources that are exempted by federal law for purposes of eligibility for benefits shall not reduce the amount of benefits received by a recipient and shall not be subject to a lien or be available for repayment to the State or county agency for benefits received by the individual.

3. (New section) A recipient who has resided in New Jersey for less than 12 consecutive months shall be eligible to receive cash assistance benefits in the amount that the recipient would have received from the recipient's immediately prior state of residence if that amount is less than the cash assistance benefits provided by the program. This limitation on cash assistance benefits shall apply until the recipient has resided in New Jersey for 12 consecutive months.

4. (New section) Information concerning applicants or recipients shall not be disclosed except for purposes directly connected with the administration of the program, in accordance with regulations to be adopted by the commissioner. Any person under contract to provide services to the program shall comply with these regulations. The provisions of this section shall not be construed to prohibit the exchange of information among agencies, organizations, or other entities as prescribed by the commissioner or pursuant to federal requirements.

5. (New section) a. Only those persons who are United States citizens or eligible aliens shall be eligible for benefits under the Work First New Jersey program. Single adults or couples without dependent children who are legal aliens who meet federal requirements and have applied for citizenship, shall not receive benefits for more than six months unless they attain citizenship. Legal aliens who arrived in the United States on or after August 22, 1996 who are eligible for citizenship and do not apply for citizenship, are not eligible for benefits.

b. The following persons shall not be eligible to receive benefits and shall not be considered to be members of an assistance unit:

(1) non-needy caretakers, except that the eligibility of a dependent child shall not be affected by the income or resources of a non-needy caretaker;

(2) Supplemental Security Income recipients;

(3) illegal aliens;

(4) other aliens who are not eligible aliens;

(5) a person who is incarcerated in a federal, State, county or local prison or under the custody of correctional authorities, except as provided by regulation of the commissioner;

(6) a person who: is fleeing to avoid prosecution, custody or confinement after conviction, under the laws of the jurisdiction from which the person has fled, for a crime or an attempt to commit a crime which is a felony or a high misdemeanor under the laws of the jurisdiction from which the person has fled; or is violating a condition of probation or parole imposed under federal or State law;

(7) a person convicted on or after August 22, 1996 under federal or State law of any offense which is classified as a felony under the laws of the jurisdiction involved and which has as an element the possession, use, or distribution of a controlled substance as defined in section 102(6) of the federal "Controlled Substances Act" (21 U.S.C. §802 (6));

(8) a person found to have fraudulently misrepresented his residence in order to obtain means-tested, federally funded public benefits in two or more states, who shall be ineligible for benefits for a period of 10 years from the date of conviction in a federal or State court; or

(9) a person who intentionally makes a false or misleading statement or misrepresents, conceals or withholds facts for the purpose of receiving benefits, who shall be ineligible for benefits for a period of six months for the first violation, 12 months for the second violation, and permanently for the third violation.

c. A person who makes a false statement with the intent to qualify for benefits and by reason thereof receives benefits for which the person is not eligible is guilty of a crime of the fourth degree.

6. (New section) a. The signing of an application for benefits under the Work First New Jersey program shall constitute an assignment of any child support rights pursuant to 45 CFR 232.11 on behalf of individual assistance unit members to the county agency. The assignment shall terminate with respect to current support rights when a determination is made by the county agency that the person in the assistance unit is no longer eligible for benefits. The determination of the amount of repayment to the county agency and distribution of any unpaid support obligations that have accrued during the period of receipt of benefits shall be determined by regulation of the commissioner in accordance with federal law.

b. Effective no later than July 1, 1997, the county agency shall pass through to the assistance unit the full amount of the current child support collected on behalf of a child in those circumstances defined by the commissioner.

c. An assistance unit eligible for benefits and in receipt of child support shall receive, in addition to its regular grant of cash assistance benefits, an amount up to $50 per month based on the amount of current child support received for that month. If the amount of child support received is less than $50, the family shall receive that amount. If the amount of child support received is $50 or more, the family shall receive $50.

7. (New section) a. A dependent child who has been or is expected by a parent, legal guardian or caretaker relative to be absent from the home for a period of time as established by regulation of the commissioner, shall remain eligible for benefits during that period, except that, an absence for periods or for reasons other than those stipulated in regulations adopted by the commissioner shall be cause for denial or termination of benefits for that dependent child.

b. A parent, legal guardian or caretaker relative who does not report the absence of a dependent child to the county agency by the end of the five-day period beginning on the day that the parent, legal guardian or caretaker relative becomes aware that the child will be absent, shall be ineligible for benefits pursuant to federal law for a period of time as determined by the commissioner.

8. (New section) 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 the commissioner may provide for an extension of emergency assistance only for an additional six months to an assistance unit of a recipient with dependent children, to be provided in three-month increments, at the commissioner's discretion. Any form of emergency assistance provided pursuant to 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 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.

9. (New section) The commissioner shall assure that an applicant or recipient shall be afforded the opportunity for a hearing if the applicant's or recipient's claim for benefits is denied, reduced, suspended, terminated or not acted upon within a reasonable time, in accordance with regulations adopted by the commissioner. A recipient shall continue to receive the recipient's current benefits pending the outcome of the hearing. The hearing shall be conducted by the Office of Administrative Law in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

10. (New section) In the case of an experimental, pilot or demonstration project which in the judgment of the commissioner is likely to assist in promoting the objectives of the Work First New Jersey program, or to promote the objectives of the Title IV-D child support enforcement program in the State, the commissioner may waive compliance with the requirements of the Work First New Jersery program to the extent the commissioner deems necessary to carry out the project and for a period of time not to exceed three years, during which time the commissioner shall report to the Legislature on the progress of the project at least every six months. The commissioner shall provide an opportunity for public comment prior to the implementation of the project. The commissioner shall establish any fiscal or evaluative terms and conditions for the project that he deems appropriate.

11. Section 1 of P.L.1994, c.147 (C.44:8-111.1) is amended to read as follows:

1. The Commissioner of Human Services shall establish a centralized registry in the Division of Family Development of the Department of Human Services to contain the names and Social Security numbers, and such additional identifying information as the commissioner deems appropriate, of recipients of benefits under [the "General Public Assistance Law," P.L.1947, c.156 (C.44:8-107 et seq.)] P.L. , c. (C. )(pending before the Legislature as Assembly Bill No. 12 of 1996). Each of the [municipal welfare agencies] administrative entities designated by the commissioner shall provide such information and assistance as the commissioner may request to carry out the provisions of this act. The commissioner shall provide for the periodic updating of the information contained in the registry.

(cf: P.L.1994, c.147, s.1)

12. Section 2 of P.L.1994, c.147 (C.44:8-111.2) is amended to read as follows:

2. a. The commissioner shall make the information in the centralized registry established pursuant to section 1 of [this act] P.L.1994, c.147 (C.44:8-111.1) available to those states which are contiguous to New Jersey and shall seek to establish an arrangement for the reciprocal provision of similar information from these states to the Division of Family Development.

b. The commissioner shall also provide for the use of the registry to conduct comparison checks of [general] public assistance recipient records between [municipalities] administrative entities within the State[, as well as comparison checks of general public assistance recipient records with those of recipients of aid to families with dependent children benefits under P.L.1959, c.86 (C.44:10-1 et seq.)].

(cf: P.L.1994, c.147, s.2)

13. The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act and to comply with the requirements of Pub.L.104-193.

14. This act shall take effect immediately .

STATEMENT

This bill is part of a legislative package which establishes the "Work First New Jersey" program in the Departmentstandard of of Human Services as the State's consolidated public assistance program, replacing the current programs of aid to families with dependent children, (AFDC), AFDC emergency assistance, general assistance (GA), GA emergency assistance, the GA employability program, and the Family Development Initiative.

The bill establishes the basic eligibility requirements for the program and authorizes the Commissioner of Human Services to determine the income and resource eligibility levels for each type of assistance unit eligible for the program. The bill sets limits on the amount of monthly cash assistance benefits a recipient who has lived in the State for less than 12 months, may receive.

The bill provides for the confidentiality of information concerning applicants and recipients of Work First New Jersey benefits. Also, the bill specifies that only United States citizens and eligible aliens shall be eligible for benefits under the program. Eligible aliens include:

a. a qualified alien immigrant admitted to the United States prior to August 22, 1996, who is eligible for means-tested, federally funded public benefits pursuant to federal law;

c. a qualified alien immigrant who is a veteran of, or on active duty in, the armed forces of the United States, or the spouse or dependent child of that person pursuant to federal law;

d. a recipient of refugee and entrant assistance activities or a Cuban or Haitian entrant pursuant to federal law; or

The bill also provides that legal aliens who arrived in the United States after August 22, 1996 who are eligible for citizenship and do not apply for citizenship, are not eligible for benefits. Single adults or couples without dependent children who are legal aliens who meet federal requirements and have applied for citizenship, shall be eligible for benefits for only six months unless they attain citizenship. Individuals who are not eligible to receive benefits under the program include:

(1) non-needy caretakers, except that the eligibility of a dependent child shall not be affected by the income or resources of a non-needy caretaker;

(2) Supplemental Security Income recipients;

(3) illegal aliens;

(4) other aliens who are not eligible aliens;

(5) a person who is incarcerated in a federal, State, county or local prison or under the custody of correctional authorities, except as provided by regulation of the commissioner;

(6) a person who: is fleeing to avoid prosecution, custody or confinement after conviction for felony or a high misdemeanor; or is violating a condition of probation or parole imposed under federal or State law;

(7) a person convicted on or after August 22, 1996 under federal or State law of any felony offense involving the possession, use, or distribution of a controlled substance;

The bill specifies that a signing of an application for benefits under the Work First New Jersey program constitutes an assignment of child support rights on behalf of individual recipients, to the county agency administering the program.

The bill requires a parent, legal guardian or caretaker relative to report the absence of a dependent child to the county administering agency by the end of the five-day period that the adult becomes aware that the child will be absent.

The bill provides that emergency assistance will be provided to recipients of Work First New Jersey and to persons receiving Supplemental Security Income in emergent situations for up to 12 cumulative months. The commissioner is authorized to provide for an extension of assistance for an additional six months (in three month increments) to a recipient with dependent children. A person receiving emergency assistance shall contribute from the person's income toward the payment of all emergency shelter arrangements.

The bill provides applicants and recipients with an opportunity for a hearing in the event the person's claim for benefits is denied, reduced, suspended, terminated or not acted upon within a reasonable time.

The bill authorizes the commissioner to waive compliance with the requirements of the Work First New Jersey program for up to three years in the case of an experimental, pilot or demonstration project which the commissioner determines is likely to assist in promoting the objectives of the program or the Title IV-D child support enforcement program in the State.

Finally, the bill amends P.L.1994, c.147 concerning the centralized registry of single persons and couples without dependent children (General Assistance recipients) to conform its provisions with the Work First New Jersey program.

Enacts various provisions of welfare reform, including program eligibility, legal immigrants and emergency assistance.