HOFFMAN, J.S.C. (temporarily assigned).
Appellant, G.W., appeals from the final decision of the Director of the Division of Family Development terminating his General Assistance (GA) and Emergency Assistance (EA) benefits. Appellant contends his benefits were improperly terminated based on his eligibility for federal Social Security Disability (SSD) benefits, even though he had yet to receive any SSD benefits as of the date of the termination. For the reasons that follow, we affirm.
We briefly set forth the relevant facts. In September 2007, appellant, a fifty-four-year-old unemployable single adult without dependent children, began receiving GA and EA benefits administered by respondent, Burlington County Board of Social Services (the Board). In May 2009, appellant applied to the federal Social Security Administration (SSA) for benefits. On January 16, 2010, appellant received notice that he had been approved for Supplemental Security Income for the period June 1, 2009 through January 31, 2010 in a lump sum of $4,688. This amount was forwarded to the Board as partial repayment for the $15,060 in GA and EA benefits appellant received during that time period. The same notice advised appellant he was entitled to monthly SSD payments in the amount of $1,047, effective February 1, 2010. In February 2010 the SSA notified the Board that appellant's application had been approved.
In March 2010, appellant received notice from the Board that his GA and EA assistance would be terminated effective April 1, 2010. At the time his benefits were terminated, appellant was receiving monthly GA benefits in the amount of $210, and EA benefits in the form of housing support.
As to the reason for the termination, the letter advised appellant: "You are now receiving RSDI."
Appellant requested, and was granted, a hearing before an Administrative Law Judge (ALJ) to contest the termination. See N.J.A.C. 10:90-9.3(a). Pending a final decision, appellant continued to receive GA and EA assistance. See N.J.A.C. 10:90-9.3(e). At the hearing, which was held on April 28, 2010, appellant testified that despite the notification of eligibility, he had not received any SSD payments.
In its written opinion issued May 18, 2010, the ALJ found that the SSD benefits for which appellant had been approved were properly included in his countable income, even though he had not received any payments. The ALJ therefore found the addition of these benefits placed appellant's countable income above the maximum limit for eligibility for GA assistance.
When reviewing a final decision of an administrative agency, our scope of review is limited. In re Herrmann, 192 N.J. 19, 27, 926 A.2d 350 (2007). "A strong presumption of reasonableness attaches to the actions of administrative agencies." In re Vey, 272 N.J.Super. 199, 205, 639 A.2d 724 (App.Div.1993), aff'd, 135 N.J. 306, 639 A.2d 718 (1994).
In reviewing an agency's interpretation of a regulation it is charged with enforcing, we generally defer to the agency's construction of that regulation. Allen v. Bd. of Trustees, Police & Firemen's Ret. Sys., 233 N.J.Super. 197, 207, 558 A.2d 496 (App. Div.1989). "An administrative agency's final quasi-judicial decision will be sustained unless there is a clear showing that it is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann, supra, 192 N.J. at 27-28, 926 A.2d 350.
Here, appellant contends his GA and EA benefits should not have been terminated based on regulations promulgated under the Work First New Jersey General Public Assistance Act, N.J.S.A. 44:8-107 to — 145.5. This act provides State-funded general public assistance to needy single adults and couples without dependent children. See N.J.S.A. 44:8-109. Local municipal or county welfare agencies are charged with administering the program and disbursing benefit payments. N.J.S.A. 44:8-110.
In accordance with its statutory responsibilities, DHS is charged with promulgating regulations to facilitate the administration of the program. N.J.S.A. 44:8-110.3. Accordingly, DHS promulgated N.J.A.C. 10:90-3.1, which provides that eligibility for GA benefits "shall be determined according to standards of countable income (earned and unearned) and countable resources." In promulgating N.J.A.C. 10:90-3.1, DHS intended to include all countable income and countable resources "that are available to an assistance unit," and not necessarily only income and resources actually received by the applicant. 29 N.J.R. 3971(b) (Sep. 15, 1997) (emphasis added).
To determine the income of an applicant for GA benefits, the county agency shall consider all earned and unearned income by utilizing a "prospective budgeting methodology." N.J.A.C. 10:90-3.11(a). Specifically, "benefits calculations shall be based on an estimate of the assistance unit's income." Ibid. (emphasis added). This income estimate "is based on the assistance unit's and the agency's reasonable expectations and knowledge of current, past and future circumstances." Ibid. (emphasis added).
At the administrative hearing, the ALJ rejected appellant's argument that
There is no indication that the Board acted outside of its authority, or contrary to regulations, in estimating appellant's countable income based upon the "reasonable expectations and knowledge" that appellant would be entitled to and would receive SSD benefits effective February 1, 2010. Ibid. Appellant failed to produce any credible evidence that his receipt of his SSA benefits was anything but imminent, and not beyond his ability to control.
Appellant's remaining arguments presented on appeal lack sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(E).
In sum, we hold that the Board's decision to include appellant's SSD benefits in estimating his countable income was not arbitrary, capricious, or unreasonable. We therefore find no reason to disturb the Board's decision.
Affirmed.