BURLINGTON COUNTY BOARD OF SOCIAL SERVICES VS. G.W. A-5974-09T2

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