2023 New York Laws › SOS - Social Services › Article 5 - Assistance and Care › Title 1 - General Provisions › 152-D - Replacement of Stolen Public Assistance.

§  152-d.  Replacement of stolen public assistance. 1. Notwithstanding
section three hundred fifty-j of this article and subdivision eleven  of
section  one  hundred  thirty-one  of this title, and in accordance with
this section, public assistance  recipients  shall  receive  replacement
assistance  for the loss of public assistance, as defined in subdivision
nineteen of section two of this chapter, in instances when  such  public
assistance  has been stolen as a result of card skimming, cloning, third
party  misrepresentation  or  other   similar   fraudulent   activities,
consistent   with  guidance  issued  by  the  office  of  temporary  and
disability assistance.
2. The office of temporary and disability assistance shall establish a
protocol for recipients to report incidents of stolen public assistance.
This protocol will be administered by social services districts pursuant
to guidance issued by the office of temporary and disability assistance.
3. Social services districts  shall  promptly  replace  stolen  public
assistance,  however,  such  replacement  shall occur no later than five
business days after the social services district has verified the public
assistance was stolen in accordance with  guidance  established  by  the
office  of  temporary  and disability assistance consistent with federal
and state laws, regulations and guidance, provided, however, that social
services districts shall not ask recipients to obtain a police report or
require any other interaction with law enforcement  unless  required  by
federal  law,  regulation,  or  guidance for either public assistance or
supplemental nutrition assistance program benefits.
4. For public assistance  that  is  verified  as  stolen,  replacement
assistance  shall  be  provided  by  the  social  services  district  in
accordance with this section as follows:
(a) the lesser of: (i)  the  amount  of  public  assistance  that  was
stolen;  or  (ii) the amount of public assistance equal to two months of
the monthly allotment of the household immediately  prior  to  the  date
upon  which  the  public  assistance  was stolen; provided, however, the
commissioner may promulgate regulations for the provision of  additional
replacement  assistance  in  extenuating  circumstances  consistent with
federal and state laws, regulations and guidance; and
(b)(i) no more than twice in a federal fiscal  year  to  cover  public
assistance  stolen  on  or  after January first, two thousand twenty-two
through September thirtieth, two thousand twenty-four; or (ii)  no  more
than  once in a federal fiscal year to cover public assistance stolen on
or after October first, two thousand twenty-four.
5. Any replacement assistance provided under  this  section  shall  be
exempt  from  recoupment  and  recovery  provisions  under  title six of
article three of this chapter; provided, however, that assistance  shall
not  be  exempt  from  recoupment and recovery if it is later determined
that the public assistance that was replaced pursuant  to  this  section
was  not  stolen  as  a  result  of  card skimming, cloning, third party
misrepresentation or other similar fraudulent activities.
6. The office of temporary and  disability  assistance  shall  make  a
model  sign  available  on  its  website that can be used by any person,
firm,  partnership,  association  or  corporation  required  to   inform
individuals  about electronic benefit transfer scams, including, but not
limited to, skimming, and the steps  they  can  take  to  protect  their
benefits  in  accordance  with  section  three  hundred  ninety-e of the
general business law.