N.J. Admin. Code § 10:164B-4.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10:164B-4.1 - Eligibility standards

(a) For the purpose of the Statewide Respite Care Program, an eligible person shall meet the following eligibility standards:

1. An eligible person shall be 18 years of age or older; functionally impaired; cared for at home by a caregiver who is not remunerated for his or her services; and at risk of long-term institutional placement if his or her regular caregiver could not continue in that role;

2. The maximum income level shall be 300 percent of the Federal Supplemental Security Income standard for an individual living alone, in effect under section 1611(a)(1)(A) of the Social Security Act ( 42 U.S.C. § 1382 ) (as increased pursuant to section 1617 of the Act ( 42 U.S.C. § 1382f )).

i. In the case of an individual and spouse, one of whom is an applicant for respite care, 50 percent of the couple's combined income shall be subject to this same income standard.

(1) Clients determined eligible prior to June 1, 1998 will not lose their eligibility upon redetermination for reasons set forth at (a)2i above.

ii. In the case of an individual and spouse, both of whom are applicants for respite care, 50 percent of the couple's combined income shall be subject to this same income standard.

(1) Clients determined eligible prior to the June 1, 1998 will not lose their eligibility upon redetermination for reasons set forth at (a)2ii above;

3. An eligible person shall be a resident of the State of New Jersey;

4. An eligible person shall have liquid resources, as declared by that individual, that do not exceed $ 40,000.

i. In the case of an individual and a spouse who are both dependent on the caregiver, the couple's combined liquid resources shall not exceed $ 60,000; and

5. Notwithstanding the provisions of this subsection or any other provision of law to the contrary, no eligible veteran shall be determined ineligible for the Statewide Respite Care Program based on income or liquid resources if he or she does not exceed the financial limits set forth in N.J.S.A. 30:4F-10.

N.J. Admin. Code § 10:164B-4.1

Amended by R.1988 d.505, effective 11/7/1988.
See: 20 N.J.R. 1051(a), 20 N.J.R. 2774(a).
Added (a)4.
Amended by R.1993 d.256, effective 6/7/1993.
See: 25 N.J.R. 876(a), 25 N.J.R. 2557(b).
Amended by R.1998 d.274, effective 6/1/1998.
See: 30 N.J.R. 624(a), 30 N.J.R. 2001(a).
In (a), rewrote 2 and added new 2i through iii.
Amended by R.2004 d.241, effective 7/6/2004.
See: 35 N.J.R. 2633(a), 36 N.J.R. 3278(a).
Amended by R.2010 d.022, effective 1/19/2010.
See: 41 N.J.R. 2874(a), 42 N.J.R. 478(a).

Amended by 49 N.J.R. 1419(a), effective 6/5/2017