NY Soc Serv L § 349 (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 10 - Aid to Dependent Children 349 - Eligibility.

§ 349. Eligibility. A.  Family assistance shall be given to a pregnant   individual,  a  parent  or  other  relative  as herein specified for the   benefit of a child under eighteen years of age,  or  of  a  child  under   nineteen  years  of age who is a full-time student regularly attending a   secondary school or in the equivalent level of vocational  or  technical   training if, in the judgment of the social services official:1. the granting of an allowance will be in the interest of such child,   and2. the parent or other relative is a fit person to bring up such child   so  that  his  or  her  physical,  mental  and  moral well-being will be   safe-guarded, and3.  such child is a resident of the state on the date  of  application   for aid.B.  1.  An  allowance  may be granted for the aid of such child who is   living with a parent or other adult related  to him   or her  by  blood,   marriage or adoption eligible to receive assistance on his or her behalf   pursuant  to  the    federal social security act, the provisions of this   chapter and regulations of the department.2. Notwithstanding the provisions of this title and titles  three  and   four  of  this article to the contrary, the department may by regulation   require that some or all persons, or households containing such persons,   who are otherwise eligible for family  assistance  and  are  permanently   disabled  and  awaiting  determinations  of  eligibility   for   federal   supplemental security income under  title  XVI  of  the  federal  social   security  act  receive  family assistance without use of federal funding   and the department is authorized to reclassify retroactively  all  or  a   portion  of the amount of any family assistance which otherwise has been   or would  be  received  by  any  such  person  or  household  if    such   reclassification  is  in the financial interests of the state; provided,   however,  that  any   such   retroactive   reclassification   shall   be   accomplished  without  diminution  or  increase of the family assistance   grant previously paid and shall not affect any  rights,  obligations  or   entitlements of any such person under the family assistance program. Any   such  transfer  or  reclassification  may be accomplished by appropriate   notation  in  the  records  of  the  social  services  district  or  the   department, and no other notice thereof need be made.C.  In  making  such  allowances  consideration  shall be given to the   ability of the relative making application and of any other relatives to   support and care for or to contribute to the support and  care  of  such   child.  In  making all such allowances it shall be made certain that the   religious faith of the child shall be preserved and protected.D.  Family assistance shall not be payable   to a family for any month   in which any caretaker relative with whom the child is living is, on the   last day of such month, participating in a strike, and  no  individual's   needs  shall  be included in determining the amount of such aid which is   payable for any month to a family if, on the last  day  of  such  month,   such individual is participating in a strike.