2023 New York Laws › SOS - Social Services › Article 3 - Local Public Welfare Organization; Powers and Duties › Title 5 - Records, Reports, Funds and Appropriations › 95 - Supplemental Nutrition Assistance Program (Snap).

§  95.  Supplemental  nutrition  assistance program (SNAP). 1. (a) The
office is  authorized  to  submit  any  plan  required  by  the  federal
government  to  participate  in  the  supplemental  nutrition assistance
program (SNAP) to the secretary  of  the  United  States  department  of
agriculture  for  approval, and to act for the state in any negotiations
relative to the submission and approval of such plan, and may make  such
arrangements  and take such action, not inconsistent with law, as may be
required to obtain and retain such approval, to implement such plan, and
to secure for the state the benefits available.
(b) The office is authorized to accept a  designation,  in  accordance
with  the  provisions  of section twenty-nine of this chapter, under any
other federal law which may  make  SNAP  benefits  available  for  needy
families  and  individuals,  and  to  perform  such  functions as may be
appropriate, permitted or required by or pursuant to such law.
2. The office is empowered, with  the  consent  and  approval  of  the
governor,  to  delegate  or  assign to any other office or agency of the
state the performance of such function or functions under  the  plan  or
designation  as  may  be  appropriate  and  permitted or required by the
appropriate federal law or regulations. Any state department  or  agency
is hereby empowered and required to perform the function or functions so
delegated or assigned to it.
3.  (a)  Each  commissioner  of  social  services  is  authorized  and
required,  in  accordance  with  regulations  of  the  office,  to  make
application  for inclusion of his or her social services district in the
federal supplemental nutrition assistance program plan or plans  and  to
assist  needy  families  and  individuals  of his or her social services
district to obtain nutritionally adequate diets through participation in
such federal plan or plans. However, only those persons who qualify  for
SNAP  benefits  in  accordance  with federal and state requirements, and
standards promulgated by the office, shall be certified as  eligible  to
receive such benefits.
(b)  Each  commissioner of social services is authorized and required,
subject to state and federal requirements therefor, to act on behalf  of
the office and receive, store, and issue SNAP benefits, either directly,
or with the approval of the office, through a banking institution and/or
other appropriate public or private agency.
(c)  Each  commissioner of social services shall develop and submit to
the office for its approval a plan  describing  his  or  her  district's
operations  under this section, which plan shall accord with federal and
state requirements.
4. A person's need or eligibility for public assistance and care shall
not be affected by his or her receipt of SNAP benefits.
5. Any inconsistent provision of law notwithstanding, the value of any
SNAP benefits provided an eligible person shall not be considered income
or resources for any purpose, including taxation.
6. (a) Any inconsistent provision of law notwithstanding, expenditures
made by a  social  services  district  for  the  purpose  of  certifying
eligibility  of  needy families and individuals, including those who are
not in receipt of public assistance and care, for SNAP benefits, and for
distributing  and  redeeming  such  benefits  shall  be  deemed  to   be
expenditures  for  the administration of public assistance and care, and
shall be subject to reimbursement by the state in  accordance  with  the
provisions  of  section  one  hundred fifty-three of this chapter to the
extent of one hundred percent in accordance with paragraph (b)  of  this
subdivision.
(b)  Such  expenditures  for supplemental nutrition assistance program
administrative costs shall be subject to reimbursement by the  state  in
accordance  with  regulations  to  be  promulgated  by the office, which

regulations shall be subject to the approval  of  the  director  of  the
budget,  shall be consistent with federal law and regulations, and shall
be based on:
(i)  an  allocation  of administrative costs attributable to both SNAP
benefits and safety net assistance to  permit  maximum  use  of  federal
funds; and
(ii)  an  allocation of administrative costs attributable to both SNAP
benefits and temporary assistance for  needy  families  such  that  only
those  administrative  costs  that  cannot  be  allocated  to  temporary
assistance for needy families are allocated  to  supplemental  nutrition
assistance program, provided, however, that if federal law, regulations,
or  cost  allocation  procedures require those administrative costs that
may be allocated to be allocated between temporary assistance for  needy
families  and  SNAP benefits, then the administrative costs so allocated
to SNAP benefits shall be reimbursed as costs of public  assistance  and
care  in  accordance  with  the  provisions  of  paragraphs  a  and d of
subdivision one of section one hundred fifty-three of this chapter.
7. a. When an eligible recipient  under  this  section  is  issued  an
authorization  to  participate  in the supplemental nutrition assistance
program  by  written  or  electronic  means,   such   authorization   to
participate:
(i) May be redeemed for SNAP benefits at designated redemption centers
by  the  recipient  or by an authorized representative. When an eligible
recipient under this section is issued SNAP benefits, such SNAP benefits
may be used to purchase food  items  from  a  food  distributor  by  the
recipient  or  by  an authorized representative.   Any other transfer or
sale of authorizations to participate or SNAP benefits shall  constitute
an unauthorized use of said authorizations or benefits;
(ii)  Shall  require the office of temporary and disability assistance
to provide the state education department a  dataset  which  contains  a
listing   of  students  ages  three  to  eighteen  who  receive  federal
assistance through the supplemental nutrition assistance program  (SNAP)
and temporary assistance to needy families (TANF).
(iii) The state education department shall make such dataset available
to  all schools (public and nonpublic) that participate in: the National
School Lunch, School Breakfast, Summer Food  Service,  or  Special  Milk
programs with a free milk option of the availability of such dataset.
(iv)  All  schools  identified in subparagraph (iii) of this paragraph
shall  access  such  dataset  outlined  in  subparagraph  (ii)  of  this
paragraph  at  least  three  times  a  year  and  identify such child as
eligible for free meals/milk and such child may receive free  meals/milk
without  further  application.  Upon  identification,  such school shall
notify the student's  parent  or  guardian  of  such  eligibility.  Such
notification shall also contain an opportunity to decline the receipt of
free  meals/milk. In the event a school receives notification to decline
the free meals/milk benefit the child shall be  removed  from  the  free
eligibility list in such program.
(b)  For the purposes of this subdivision, "authorized representative"
shall be defined in regulations promulgated by the commissioner.
8. Except as part of a transaction pursuant to  subdivision  seven  of
this  section  or  as  necessary  for  a food distributor to redeem SNAP
benefits subsequent to such a transaction, any acquisition,  acceptance,
purchase,  possession,  sale,  transfer,  alteration  or  manufacture of
authorizations to participate or SNAP benefits, real or counterfeit,  by
any  person  shall constitute an unauthorized use of said authorizations
or benefits.  For purposes of this subdivision, the term "person"  shall
mean  any  individual, corporation, partnership, association, agency, or
other legal entity, or any part thereof.
9.(a) The parent or other individual who is living with and exercising
parental control over a child under the  age  of  eighteen  who  has  an
absent  parent  is  not  eligible  to  participate  in  the supplemental
nutrition assistance program if such person refuses  to  cooperate  with
the  office  in establishing the paternity of the child (if the child is
born out of wedlock) and in obtaining  support  for  the  child  or  the
parent  (or  other  individual)  and  the child. This paragraph does not
apply to the parent (or other individual) if the office determines  that
there is good cause for the refusal to cooperate.
(b)  A putative or identified noncustodial parent of a child under the
age of eighteen is not  eligible  to  participate  in  the  supplemental
nutrition  assistance  program  if  such individual refuses to cooperate
with the office in establishing the paternity of the child (if the child
is born out of wedlock) and in providing support for the child. The  use
of the information collected pursuant to this paragraph shall be limited
to the purposes for which the information is collected and is subject to
the   confidentiality  provisions  set  forth  in  section  one  hundred
thirty-six of this chapter.
(c) To the extent not inconsistent with federal law  and  regulations,
an  individual  is  not  eligible  to  participate  in  the supplemental
nutrition assistance program  as  a  member  of  any  household  if  the
individual  is  under  court  order  to  pay child or combined child and
spousal support and has accumulated support  arrears  equivalent  to  or
greater  than  the  amount  of  current support due for a period of four
months.
10. Notwithstanding any other provision of law to  the  contrary,  the
office  shall  develop  a  brief,  simplified  application  form for the
supplemental nutrition assistance program only. The office shall develop
the form in consultation with  food  stamp  outreach  organizations  and
consider  how the form may be used to reach as many potential applicants
as possible, especially those over sixty years of age and those who  are
employed.
11.  (a)  Notwithstanding  any other provision of law to the contrary,
the office shall establish a statewide restaurant meals program as  part
of  SNAP.  Under  the  restaurant  meals  program, households containing
elderly or disabled members, and their spouses, as defined in  7  U.S.C.
2012(j),  or homeless individuals, as defined in 7 U.S.C. 2012(l), shall
have the option in accordance with 7 U.S.C. 2012(k) to redeem their SNAP
benefits at private establishments that  contract  with  the  office  to
offer meals for eligible individuals at concessional prices subject to 7
U.S.C. 2018(h).
(b)  The  office  shall  adopt  any  rules  necessary to implement the
provisions of this subdivision.