BURLINGTON COUNTY BOARD OF
SOCIAL SERVICES VS. G.W.
A-5974-09T2
The issue raised in this appeal
is whether a county board
of social services may
terminate a recipient's General
Assistance (GA) and Emergency
Assistance (EA), which is provided
pursuant to the Work First New
Jersey Program, N.J.S.A. 44:8-107
to -145.5, based on the
recipient's eligibility for, rather than
actual receipt of, Social
Security Disability benefits (SSD).
The Board of Social Services
determined that the anticipated SSD
benefits placed his monthly
"countable income" above the maximum
limit to be eligible for GA and
EA benefits. Appellant did not
receive his first SSD check
until after termination of his GA
and EA benefits. We hold that, upon receiving
notification that
a GA or EA recipient has been
approved for SSD benefits,
pursuant to the
"prospective budgeting methodology" prescribed
in N.J.A.C. 10:90-3.11, the
Board of Social Services need not
wait until the recipient is in
actual receipt of SSD benefits
before adding the amount of
those benefits to the recipient's
countable income, and
determining whether GA or EA benefits
should be terminated. 03-27-12