Under the act, abuse is defined as any willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation of services that are necessary to maintain a persons physical and mental health. The relationship between the child and the grandparent; b. %PDF-1.4 % agreement with the United States, you may receive wage credits for Social Security benefits. You should contact your county board of social services to determine whether or not you are eligible for any of the Medicaid programs. Supplemental Security Income (SSI) is a federal program under the Social Security Act. h. Any other factor relative to the best interest of the child. An employer or other person may not take discriminatory or retaliatory action against an individual who makes such a report. Nursing homes provide nursing, rehabilitative and health-related care and services that cannot be provided outside an institutional setting. The law also protects a disabled person who is totally and permanently unable to work because of a physical or mental impairment or blindness when that person also meets the income standards and has lived in the building for at least one year. As used in this amendatory and supplementary act: 10 a. If you have not reached retirement age, you can receive all of your expected Social Security benefits as long as your annual earnings do not exceed $12,000. When you apply for retirement benefits, Social Security will check your Social Security record, which shows all of your earnings covered by Social Security. The second bill (S2962) would expand the definition of a landlord in an already existing law that requires they provide receipts for cash payments. The above New Jersey law is still valid. If you open up a joint bank account larger than a small household account, you should be aware that the account may be depleted by an untrustworthy joint owner, or that the entire account may be seized by a creditor of the co-owner. Remedies for absence, nonuse, and abandonment. In addition, the Act considers a tenant who has a chronic alcoholism problem or who suffers from mental illness or a mental impairment to be disabled. The Social Security office or your County Office on Aging can explain limits on income and other resources. Your termination letter will set out the time limits for appeal. 18. A vulnerable adult is defined as a person 18 years of age or older who resides in a community setting and who, because of physical or mental illness, disability or deficiency, lacks sufficient understanding or capacity to make, communicate, or carry out decisions concerning his or her well-being, and is the subject of abuse, neglect or exploitation. You might want to shop around for one that does. Assets held jointly, IRA accounts, of non-probate property. 79. A third party (a guardian or spouse, a friend, a public or non-profit agency, or a private institution licensed under State law) may apply to become a representative payee. What is the ECO program (Enhanced Community Options)? 33. A person qualifies for a waiver if he or she was not at fault in causing the overpayment and repayment would cause a hardship. There are two kinds of senior citizen housing exempted: communities where every tenant is 62 years of age or older, or "55 and older" communities in which at least 80% of the occupied units must be occupied by at least one person 55 years or older. Under certain circumstances, a tenant may be evicted. The real question is: How much can you earn and still get retirement checks? Tenants living in select municipalities within Nassau County and Westchester County may call DHCR at (914) 948-4434 to obtain an application and to inquire about their municipalitys income and eligibility levels. How am I protected by the laws that prohibits against age discrimination? But if you have one and you become incapacitated, it will avoid the necessity of having someone go into court to seek conservatorship or guardianship over you. SSI is intended to assist persons in financial need. 49. If you admit owing a debt but cannot pay it all at one time, contact the creditor or the lawyer acting in his or her behalf and attempt to arrange payments over time. For example, most credit card companies are unsecured creditors. ~1> In NYC, tenants may contact the NYC Department of Finance at 311. To regain payments, Social Security may get the person who was overpaid to agree to an immediate repayment or a repayment schedule; or deduct the amount of the overpayment from future payments; or go to court to recover the amount of the overpayment, plus court costs and fees. The booklet is no longer available for sale through this Department. NOTE: It is important to notify Social Security promptly about changes that could affect your checks. Legislation isnt expected to move until the fall when the Legislature resumes regular sessions. 0000002205 00000 n You may want to consider creating a revocable living trust in addition to a durable power of attorney. What factors should I consider when deciding when to retire? All persons interested in choosing someone to manage their financial and personal affairs in the event they become incapacitated should consider executing a durable power of attorney. ; l. Regulations for Protected Tenancy (Hudson County Residents only) - N.J.A.C. Administration of an intestate estate generally requires additional time and expense. If this happens and Social Security does not increase the amount of your check as soon as it occurs, it would owe you all benefits that should have been paid. endstream endobj 136 0 obj <>stream What is the role of non-probate assets in planning my estate? Eligibility requirements for PAAD are based on the residents income, covering insurances and marital status. Upon the termination of the protected tenancy status by the administrative agency or officer, the senior citizen tenant or disabled tenant may be removed from the dwelling unit pursuant to P.L. Always put such agreements in writing. Do I have the right to refuse medical treatment? 76-1434 . You are named as a beneficiary and a relative, your lawyer, or a financial institution is named as trustee. |Ff84N$F~3HTK}e t]nu>^> ?L~84}UzrTk{. You may be eligible for senior citizen or disabled protected tenancy status if you fall within If you apply two or three months before your retirement month, your checks start for the month you retire. Joint property passes to the survivor and IRA accounts, retirement benefits and life insurance are distributed in accordance with the beneficiary designation. A reconsideration request alleges that a Social Security overpayment claim is incorrect and asks for a review of the finding. 22. Theodore Sliwinski, Esq. (1) The tenant would otherwise qualify as a senior citizen tenant or disabled tenant pursuant to that amendatory and supplementary act, except that the building or structure in which the dwelling unit is located was converted prior to the effective date of that amendatory and supplementary act; and A creditor can levy on IRA or KEOGH accounts. In order to stagger the workload, Social Security has developed a new system. If a creditor, after obtaining a judgment following a lawsuit, sends the sheriff or constable to levy on your bank account containing these funds, you may go before the judge and prove that the money in the account is from Social Security checks or an exempt pension. Even though it is called a power of attorney, the person carrying out your wishes does not have to be an attorney. The first step in the appeals process is a request for reconsideration, which must be filed within 60 days of receiving the notice of the denial. Chen would like to see lawmakers tackle some broader housing legislation to benefit tenants, like exploring rent increase control, tax credits for families, and more funds for. Assisted living means a coordinated array of supportive personal and health services, available 24 hours per day, which promote resident self-direction and participation in decisions that emphasize independence, individuality, privacy, dignity and homelike surroundings to residents who have been assessed to need these services, including residents who require formal long-term care. 15. Ordinarily, upon entry into the nursing home, the resident or a family member signs a contract setting out the terms of payment, price for each service, and so forth. -X,L!2 W It is important to notify Social Security promptly about changes that could affect your checks. If Medicare refuses to pay for something, you have the right to appeal the decision. In these proceedings, in which you will be represented by a court- appointed attorney, a judge can declare you mentally incapacitated and appoint the family member or friend as your guardian if he or she agrees with the doctors and finds the proposed guardian ready, willing, and able to act on your behalf. Age discrimination refers to the treatment of an individual in a manner different from others based solely or primarily upon the age of that individual. Should I give my landlord oral or written notice of problems? The board of health is empowered to authorize repairs when your landlord refuses to do so. 132 0 obj <> endobj An overpayment occurs when a person receives payments for which he or she is ineligible, or which are larger than they should be. You should first notify the landlord of the problem. Making arrangements ahead of time for your own funeral can assure you that your wishes will be carried out. This Fact Sheet contains information on eviction protections for disabled persons. 0000003686 00000 n If you think you have been discriminated against, then you might wish to contact the New Jersey Division on Civil Rights or your attorney for further information. You may wish to have a document combining both your living will and proxy directive. However, such residents are entitled to at least 30 days advance written notice of a transfer or discharge from the facility. The person making such a report is immune from civil and criminal liability arising from the report. The only way to be evicted from a nursing home is for non-payment, or if you are endangering yourself or others. There is no time limit on the retroactivity of benefits when an underpayment is discovered. If a nursing home resident has a complaint about the nursing home, he or she can complain to the administrator or to the New Jersey Office of the Ombudsman for the Institutionalized Elderly at 1-877-582-6995. You should try to make a deal with your creditor or his. While it is not required that an individual be represented by an attorney, the procedures to be followed can get very complicated, especially with regard to deadlines for filing required documents. The seller may receive a lump sum payment from which a life annuity is purchased, or may receive monthly mortgage payments from which rent is deducted. The penalty is a period of ineligibility for Medicaid, determined by dividing the value of the assets transferred by the average cost of a nursing home in New Jersey. States must apportion the period of ineligibility between spouses so that only one penalty applies. 92. Who is defined as a vulnerable adult? 11. Currently, rent control is left up to municipalities. The operator of a boarding house must make sure that a written notice of the rights of boarding home residents is given to every resident upon admittance to the boarding home and to each tenant already living there. What are the rights of boarding home residents? Home equity conversions are methods that allow homeowners access to the equity tied up in their homes without being forced to move or repay a loan from limited income. You should never ignore any legal papers that you receive. 67. The Senior Citizen and Disabled Protected Tenancy Act of 1981 as amended protects senior citizens and the disabled from eviction because of a conversion of property to condominiums or co-ops when the household income is no higher than three times the per capita income in the county in which they live or $50,000, whichever is greater; and when the individual is more than 62 years old or is the surviving spouse of a senior citizen who has used the unit as a principal residence for one year and who is at least 50 years of age. These grounds include: (1) non-payment of rent; (2) disorderly conduct; (3) destroying or damaging property; (4) violating a reasonable agreement in the lease or residency agreement; (5) violating the operators rules and regulations; and (6) failure to pay a valid rent increase. It would exclude hotels, motels, and other guest houses for transient and seasonal tenants. Condominium Conversion Condominium and Cooperative Conversion Law In addition, the deposit must be kept in an interest-bearing account and the tenant is entitled to the interest annually or on the anniversary of the lease. Medically Needy does not have all of the coverage available through Medicaid Only. What is the difference between SSI payments and Social Security benefits? The money received from the lender is not counted as income for purposes of eligibility for public benefits, such as Medicaid, food stamps or SSI. 8. These forms are only to be used for tenants in Weschester and Nassau counties. Part A Medicare is primarily hospital insurance. this Section, Title 2A - Administration of Civil and Criminal Justice. Yes, Since a home equity conversion involves what is often one of the most valuable asset, it is vital to consult with an attorney and a financial advisor before undertaking such an arrangement. Lawmakers want to extend the time senior citizens and people with disabilities have certain tenancy protections under state law. ), notwithstanding the provisions of subsection a. of this section, where the court has jurisdiction pursuant to that subsection, whether by virtue of the authorization by the court of a stay of eviction or . Peter Chen of progressive think tank New Jersey Policy Perspective supports the bills but said lawmakers are nibbling at the edges of a much bigger problem that tenants have seen substantial rent increases over the last two years in New Jersey and the rest of the nation. Any boarding or rooming house resident whose rights are violated has the right to bring a lawsuit against any person committing such a violation. The law made significant changes in the area of trusts. Feb. 19, 1976. 0000004269 00000 n When considering an application for Medicaid, one should bear in mind that the rules are fairly complicated, and that transfers of assets to third parties (such as gifts to children) in order to become eligible for the program can result in a penalty period being imposed during which payments by the state will not be made for nursing home care. The benefits are not prorated for the month you die. It is almost impossible to identify all of the signs of discrimination. The ADA is a comprehensive civil rights law for persons with disabilities. Wage credits are available for World War II and post-World War II service, unless you are eligible for another federal benefit based on such service. 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