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8 N.J.A.R. 329

B., P., In the Matter of
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Citation: 8 N.J.A.R. 329
Decision Date: 1980
Synopsis: Petitioner contested the determination of a local public welfare agency which denied one month's benefits in connection with peti- tioner's application for Aid to Families with Dependent Children. The administrative law judge assigned to the case found that peti- tioner had applied for AFDC assistance on October 5, 1979, at which time petitioner's total available income and savings amounted to $7. Just prior to the application petitioner had had resources of $585 which were expended on mortgage and utility bills. The judge concluded that nothing in the regulations requires that income available prior to the date of the application must be con- sidered in determining initial eligibility. Thus, since petitioner was eligible at some time during the month, he should be found eligible for assistance and his initial grant should include a proportionate allowance of the full month's program standard. Upon review of the initial decision, the Division of Public Welfare rejected the decision and concluded that initial eligibility must be determined on all income available at any time during the month the application was received. Phyllis Warren, Esq., for petitioner (Legal Services of New Jersey, attorney) Initial Decision
Rule(s) Cited: 10:82-2.2 10:82-2.11