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7 N.J.A.R. 309

Passaic County Board of Social Services; D., L. v
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Citation: 7 N.J.A.R. 309
Decision Date: 1984
Agency: DIVISION OF PUBLIC WELFARE
Synopsis: Petitioner appealed from the determination of a local county wel- fare board that she was not eligible for benefits due to excess re- sources in the form of a veterans contributory fund of $1,750. The administrative law judge assigned to the case found that peti- tioner had served in the army and had accumulated a fund of contri- butions amounting to $1,750 under the provisions of the Post-Viet- nam Era Vetrans Education Assistance Program; these funds would be eligible for a matching grant from the Federal Government if used for educational purposes. Th$ judge determined that these were not educational loans or grants and thus, pursuant to N.J.A.C. 10:18- 3.38(b) the funds would have to be liquidated before petitioner could be eligible for AFDC Benefits. Upon review this initial decision was accepted by the Director of the Division of Public Welfare. The Division noted that the case also involved a determination as to Food Stamp Benefits. The DireCtor found that these retrievable contributions were clearly a resource under N.J.A.C. 10:81-3.37(b), that these funds were nonexempt re- sources since they did not fall into the category of educational loan or grant and that the funds were liquid assets within the meaning of N.J.A.C. 10:87-4.3. Bernice C. Karg, Esq., for petitioner Steven Dorsey, Income Maintenance Supervisor, and Ceil Jacques, Income Maintenance Worker, for respondent
Rule(s) Cited: 10:81-3.38(b) 10:82-3.1 10:87-4.13