ASSEMBLY, No. 577
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman LUSTBADER and Assemblywoman CRECCO
An Act concerning public assistance benefits and supplementing Title 44 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. If a county welfare director has reason to believe that a person has established residency in this State for the sole purpose of receiving benefits under the program of aid to families with dependent children, established pursuant to P.L.1959, c.86 (C.44:10-1 et seq.), which exceed those the person would be eligible for in the state in which the person last resided, and that person has resided in this State for less than nine consecutive months on the date that person establishes eligibility for benefits, the county welfare director shall have the authority to grant a reduction of benefits in an amount equivalent to 75% of the amount for which the person would be eligible under State law , except that the county welfare director shall not reduce the benefits to a level that is less than the amount the person received in the state in which the person previously resided. This reduction in benefits shall not apply if the person would be entitled to benefits higher than those offered by the State under the laws of the state in which that person resided prior to establishing residency in this State. This provision shall apply until the person has resided in the State for a period of nine consecutive months.
b. Pursuant to the provisions of this section, the Commissioner of Human Services, no later than the 180th day after the effective date of this act, shall revise the schedule of benefits under the program of aid to families with dependent children, subject to federal approval. The commissioner shall request such waivers of regulations from the United States Secretary of Health and Human Services as are necessary to implement the provisions of this section.
2. a. If a municipal welfare director has reason to believe that a person has established residency in this State for the sole purpose of receiving benefits under the program of general public assistance, established pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), which exceed those the person would be eligible for in the state in which the person last resided, and that person has resided in this State for less that nine consecutive months on the date that person establishes eligibility for benefits, the municipal welfare director shall have the authority to grant a reduction of benefits in an amount equivalent to 75% of the amount for which the person would be eligible under State law , except that the municipal welfare director shall not reduce the benefits to a level that is less than the amount the person received in the state in which the person previously resided. This reduction in benefits shall not apply if that person would be entitled to benefits higher than those offered by the State under the laws of the state in which that person resided prior to establishing residency in this State. This provision shall apply until the person has resided in the State for a period of nine consecutive months.
b. The Commissioner of Human Services, no later than the 180th day after the effective date of this act, shall revise the schedule of benefits under the program of general public assistance pursuant to the provisions of this section.
3. The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt regulations to implement the provisions of this act.
4. This act shall take effect immediately.
STATEMENT
This bill limits the benefits for which a new State resident would be eligible as a recipient of either aid to families with dependent children (AFDC) benefits or general public assistance benefits, if a county or municipal welfare director, as appropriate, has reason to believe that person has established residency in this State for the sole purpose of receiving benefits higher than those offered by the state in which the person last resided. The person would receive 75% of the amount for which the person would be eligible under State law, but this amount could not be less than what the person received in the state in which he previously resided. This limit on AFDC or general public assistance benefits would apply until the person has resided in New Jersey for a period of nine consecutive months. The limit would not apply if the person would be entitled to benefits higher than those offered by the State, under the laws of the state in which the person last resided.
The bill also requires the Commissioner of Human Services, no later than 180 days after the effective date of the bill, to revise the schedule of benefits under the programs of AFDC and general public assistance to meet the provisions of this bill. In the case of AFDC, the commissioner would also be required to request the federal waivers of regulations needed to implement the provisions of the bill.
This bill is intended to reduce any possible potential incentive for a resident of another state to migrate to New Jersey solely to seek higher welfare benefits.
Limits AFDC and GA benefits for new State residents.