ASSEMBLY JUDICIARY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 1401

with committee amendments

STATE OF NEW JERSEY

DATED: FEBRUARY 22, 1996

      The Assembly Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 1401.

      The bill would require that the Division of Family Development in the Department of Human Services pay the fees of attorneys who represent recipients of public assistance in successful appeals of claims for federal Supplemental Security Income (SSI) benefits. Funding for the payment of these fees would come from the amount otherwise obliged to be paid to the municipal welfare department from the initial SSI payment. This SSI payment is made to the municipal welfare department pursuant to a contract between the federal Department of Health and Human Services and the State and is reimbursed to the municipal welfare department for the public assistance provided while the SSI claim was being appealed.

       The committee amended the bill to clarify that the funding for the payment of fees would be disbursed from the Payments to Municipalities for Cost of General Assistance fund. The amendments would also make the provisions of the bill applicable to any legal entity which provides legal services to clarify that the bill is intended to apply to entities such as the Community Health Law Project which may provide the assistance.

       The committee also amended the bill to authorize the Commissioner of the Department of Human Services to promulgate rules and regulations to effectuate the purpose of the bill; originally the bill referred to the Director of the Division of Family Development. In addition, the amendments provide that the fee paid would be an amount fixed by rules and regulations promulgated by the Commissioner of Human Services.