N.J. Admin. Code § 10:90-20.6

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

Section 10:90-20.6 - WFNJ/TANF Waiver process

(a) When a WFNJ/TANF applicant/recipient requests a WFNJ FVO Waiver of one or more WFNJ/TANF program requirements (see 10:90-20.4) , including a good cause exception from the child support requirements and requests for EA for reason of family violence, the individual shall be granted a WFNJ FVO Waiver, by the CWA. The appropriate WFNJ FVO forms shall be completed by the responsible CWA worker, be signed by the individual as appropriate to his or her case circumstances, and a referral shall be made immediately to the CWA FVO representative. The CWA FVO representative shall explain the WFNJ FVO Waiver and WFNJ FVO Risk Assessment processes to the WFNJ/TANF applicant/recipient. The explanation shall include informing the individual that he or she must complete the WFNJ FVO Risk Assessment process within 10 calendar days of the referral to the victim service provider agency in accordance with 10:90-20.8(b); and that failure to complete the WFNJ FVO Risk Assessment will result in cancellation of the waiver in accordance with (a)4 below. The CWA FVO representative shall refer the WFNJ/TANF individual to the victim service provider agency for the required WFNJ FVO Risk Assessment.

1. The WFNJ FVO Waiver shall identify the specific WFNJ TANF program requirement(s) being waived.

i. A WFNJ FVO Waiver of a WFNJ/TANF program requirement applies to the TANF program requirements and is available to WFNJ/TANF participants. This waiver is not available for other program requirements, such as, NJ SNAP and Medicaid. Individuals from these programs may be informally referred to the designated victim service provider agency for assistance. The individual may access services on his or her own if he or she chooses to do so.

2. A request for a WFNJ FVO Waiver can be made for one or more WFNJ/TANF program requirements, including a good cause exception from the child support requirements and requests for EA for reason of family violence. Therefore, multiple WFNJ/TANF program requirements can be waived simultaneously.

i. If an individual requests a waiver of more than one WFNJ/TANF program requirement, only one referral shall be made for the WFNJ FVO Risk Assessment to cover all circumstances waived, including EA requests.

ii. If at a later date an individual requests the waiver of an additional WFNJ/TANF program requirement(s), in the following six-month period, no risk assessment referral shall be made to the designated victim service provider agency. The update to the WFNJ FVO Risk Assessment shall be handled at the next case redetermination. The WFNJ/TANF applicant/recipient shall not be required to participate in the WFNJ/TANF program requirement(s) for which a WFNJ FVO Waiver has been requested pending the next case redetermination.

(1) Subsequent requests to waive additional WFNJ/TANF program requirements do require a referral to the CWA FVO representative for discussion.

3. While the FVO Risk Assessment process is taking place, the WFNJ/TANF applicant/recipient is not required to participate in the WFNJ/TANF program requirement(s) being waived or other activities, in order to complete this process.

4. When a WFNJ/TANF individual is unable to have the WFNJ FVO Risk Assessment completed within the 10-calendar day timeframe, he or she may seek the assistance of the CWA FVO representative in scheduling or rescheduling an appointment to have the assessment completed. The individual's WFNJ FVO Waiver shall be cancelled if the assessment is not completed, unless the individual has a good reason for not completing the WFNJ FVO Risk Assessment, including the need to make alternative arrangements for completing the assessment that will exceed the 10-calendar day timeframe. No sanction is incurred against a WFNJ/TANF individual when the assessment is not completed. Unless the individual is otherwise deferred or exempt from WFNJ program requirements, WFNJ/TANF individuals shall be required to participate in the specific program requirement(s)/activities for which the waiver had been requested prior to cancellation. If the individual fails to participate in the WFNJ program requirement(s)/activities after the WFNJ FVO Waiver is cancelled, and is not otherwise deferred or exempt, he or she may be sanctioned for failure to participate in a WFNJ/TANF program requirement/activity. The WFNJ/TANF individual may request another WFNJ FVO Waiver at any time throughout the individual's association with the CWA for program benefits and will be required to complete the WFNJ FVO Risk Assessment.

(b) The "WFNJ FVO Risk Assessment Referral/Report," WFNJ FVO-115, when returned to the CWA from the designated victim service provider agency shall serve as confirmation that the initial WFNJ FVO Risk Assessment or updated risk assessment has or has not been completed.

N.J. Admin. Code § 10:90-20.6

Administrative change.
See: 44 N.J.R. 1529(a).