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1 N.J.A.R. 158

T., Z.; Mercer County Welfare Board v
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Citation: 1 N.J.A.R. 158
Decision Date: 1980
Agency: DIVISION OF PUBLIC WELFARE
Synopsis: Relying on N.J.A.C. 10:81-3.41 which requires the repayment of welfare benefits from liquidated resources and an 'Agreement to Repay' signed by the petitioner, a local county welfare board sought to recover $4,000 in benefits paid from the Aid to Families with Dependent Children program from funds received from the settlement of an automobile accident suit. The petitioner refused to do so, claiming that when she signed the Agreement, she had been told that if she were not receiving assistance when she received the settlement funds she would not have to repay any money. The administrative law judge found that in 1977 when petitioner applied for AFDC benefits, she signed the Agreement to Repay by which she agreed to repay welfare benefits from the anticipated funds arising out of an automobile accident as required by N.J.A.C. 10:81-3.38(a)1i. The judge noted that the regulations require repayment even if the individual is no longer currently receiving AFDC benefits. The administrative law judge found that no credible evidence had been presented which indicated that petitioner had been exempted from this requirement. Accordingly, the petitioner was ordered to repay welfare benefits from the proceeds of her accident settlement. Barbara Krisak, Mercer County Welfare Board Robert C. Leventhal, Esq. for Respondent
Rule(s) Cited: 10:81-3.38(a) 1i 10:81-3.41