2023 New York Laws › SOS - Social Services › Article 5 - Assistance and Care › Title 1 - General Provisions › 131-Z - Child Assistance Program.

§  131-z.  Child  assistance  program.  1.  Notwithstanding  any other
provision of law to the contrary,  any  district  may  operate  a  child
assistance  program  as  part  of the family assistance program with the
approval  of  the  department.  Approved  expenditures  for  such  child
assistance  program  shall be subject to federal and state reimbursement
as expenditures under the family assistance program in  accordance  with
section  one  hundred fifty-three of this chapter. Provided, however, on
or after January first, nineteen  hundred  ninety-eight  the  department
shall  reimburse  social services districts for the administrative costs
of this program in accordance with the provisions of subdivision sixteen
of section one hundred fifty-three of this chapter. All custodial parent
families receiving family assistance benefits shall be eligible for this
program, provided they satisfy the requirements of this section, if they
reside in a district which operates such a program.
2. Where a program has  been  authorized,  child  assistance  payments
pursuant  to  the  provisions  of  this section may be made to custodial
parents on behalf of minor children  in  accordance  with  the  criteria
specified  in  subdivisions three, four, five and six of this section in
lieu of allowances determined in accordance  with  section  one  hundred
thirty-one-a  of  this  article.  The  amount  of  such child assistance
payments shall be at least the sum of three thousand three hundred sixty
dollars per annum for the first minor child and one thousand one hundred
sixteen dollars per annum for each additional minor child, provided that
such payments shall be reduced by the amounts specified in paragraph (a)
of subdivision six of this  section.  The  commissioner  may  develop  a
methodology  which  will  provide  for  the  periodic  adjustment of the
benefit  level  to  reflect  changes  in  maximum  monthly  grants   and
allowances  authorized  pursuant  to section one hundred thirty-one-a of
this article for the family assistance program. In addition,  the  child
assistance  payments  shall be established so that the payments combined
with earnings from full-time employment shall  result  in  a  family  of
three  having  income at or above the poverty level for nineteen hundred
eighty-seven as reported by the federal department of health  and  human
services.
3.  No  custodial  parent who resides in a social services district or
portion of such district in which a child assistance program is operated
shall be eligible under this program for  receipt  of  child  assistance
payments for a child, unless:
(a)  An order of child support for such child has been made by a court
of competent jurisdiction;
(b) The order of child support is payable through a support collection
unit as created by section one hundred eleven-h of this chapter or  such
other administrative mechanism as may be designated by the commissioner;
or  the custodial parent has cooperated in taking the necessary steps to
ensure that the  child  support  order  is  payable  through  a  support
collection unit or other administrative mechanism;
(c)  The parent subject to a support order described in paragraphs (a)
and (b) of this subdivision is absent from the home;
(d) The custodial parent and the child for whom, or on whose behalf an
application for child assistance program payments is  made  is  at  such
time, a recipient of family assistance benefits; and
(e) The custodial parent has not withdrawn from the program within the
three  months prior to the date of reapplication for benefits under this
program.
4.  Notwithstanding  the  provisions  of  subdivision  three  of  this
section,  a  custodial  parent  may  be eligible under this program even
though the custodial parent has failed  to  obtain  an  order  of  child
support because:
(a) The other parent is deceased;
(b)  The  custodial parent has demonstrated to the satisfaction of the
commissioner, a  diligent  effort  to  obtain  a  child  support  order,
including   providing  the  local  social  services  district  with  the
information necessary to file a petition for child support, but  due  to
reasons  outside of the control of the custodial parent, a child support
order is not obtainable in a reasonable period of time;
(c) The custodial parent has good cause as defined in regulations, not
to cooperate in obtaining a child support order; or
(d) The child resides with both parents and paternity has either  been
acknowledged or established.
5.  A  participant is no longer to be considered a participant in this
program when such individual is not eligible for payments as a result of
the operation of paragraph (a) of subdivision six of  this  section  for
four consecutive months.
6. (a) So long as funds are available therefor, the amount received by
each  custodial  parent  eligible  to  receive child assistance payments
pursuant to this section shall be reduced by an amount equal to:
(i) An amount which reflects a portion of the  actual  income  of  the
custodial  parent  pursuant  to  a  methodology to be established by the
commissioner; and
(ii) An additional amount which reflects that portion of the custodial
parent's spouse's income which  is  deemed  to  be  available  to  other
household  members  pursuant  to  a methodology to be established by the
commissioner.
(b) Persons in receipt of both child assistance under this section and
medical assistance pursuant to title eleven  of  article  five  of  this
chapter  who, prior to April first, two thousand five, become ineligible
for medical assistance solely due to increased earnings from  employment
or loss of earned income disregards shall, if otherwise eligible, remain
eligible  for  medical assistance until March thirty-first, two thousand
five or until such later time as may be required by  the  provisions  of
such  title  or  of  this  subdivision. Such medical assistance shall be
provided initially pursuant to paragraphs (a)  and  (b)  of  subdivision
four of section three hundred sixty-six of this article.
(c)  With  respect  to  persons  described  in  paragraph  (b) of this
subdivision, including those no longer in receipt  of  child  assistance
due  to  increased earnings from employment, when the medical assistance
provided pursuant to paragraphs (a)  and  (b)  of  subdivision  four  of
section  three  hundred sixty-six of this chapter ends, such persons, if
ineligible for medical assistance solely due to earnings from employment
or loss of earned income disregards shall, if otherwise eligible, remain
eligible  for  medical  assistance  for  an  additional  twelve  months.
However,  in  no  event shall medical assistance be provided pursuant to
this paragraph for any period that is more than twelve months after such
persons cease to participate in the child assistance program.
(d) Social services districts shall  take  all  necessary  actions  to
provide  medical  assistance  pursuant  to  paragraphs  (a)  and  (b) of
subdivision four of section three hundred sixty-six of this  chapter  to
individuals  described in paragraphs (b) and (c) of this subdivision who
are eligible  for  such  assistance.  Social  services  districts  shall
provide  to  individuals  described  in  paragraphs  (b) and (c) of this
subdivision information as to  the  availability  of  the  child  health
insurance  plan  described  in title one-A of article twenty-five of the
public health law.
7. Each participating social services district shall  provide  to  all
recipients eligible for participation in this program in accordance with
the  approved  program  a  comparison  of  the  benefits  that  would be

available to  the  household  under  family  assistance  and  the  child
assistance  payments  as  provided  in  this section. Each participating
district shall inform all eligible recipients that participation in this
program is voluntary.
8.  Participation  in  this  program  shall  be  voluntary.  Should  a
participant elect to terminate his or her participation in this program,
then, upon reapplication for family assistance benefits and a subsequent
determination of eligibility, such  participant  shall  be  restored  to
benefits effective from the date of reapplication.
9.  The  department  shall promulgate regulations for the operation of
the child assistance program. Such regulations shall include but not  be
limited to:
(a)  Resources.  At  program  entry, program participants may not have
resources which exceed the  level  permitted  for  eligibility  for  the
family  assistance  program.  Once  eligible for the program, no further
resource tests shall be imposed;
(b) Eligibility determinations.  Program  participants  shall  not  be
required to report changes in income more frequently than quarterly;
(c)  Lump  sums.  If  a child or relative participating in the program
receives, in any month or months in a quarter, a non-recurring amount of
earned or unearned income, the quarterly  total  of  which  exceeds  one
quarter  of  the  annual poverty level for nineteen hundred eighty-seven
for a family of the same size as the program  household  which  received
the  lump sum, the case shall be ineligible for assistance for the whole
number of quarters that equals the amount of  the  non-recurring  income
received,  adjusted  for any applicable disregards of income, divided by
the quarterly poverty level applicable to the case;
(d) One hundred eighty-five percent  of  gross  income  test.  Program
participants  shall  be  allowed to have income in excess of one hundred
eighty-five percent of the state standard of need;
(e)  Loss  of  eligibility.  Non-compliance  with   a   condition   of
eligibility  shall  result  in the ineligibility of the whole family for
the child assistance program;
(f) Determination of available  income.  Notwithstanding  section  one
hundred   thirty-one-a   or   any   other  provision  of  this  chapter,
determination of available income and the determination of income to  be
disregarded  shall  be  in  accordance  with  these regulations provided
however that the methodology shall not be adjusted in a manner such that
a household would receive a lower  benefit  than  a  similarly  situated
household  would have received in January, nineteen hundred ninety-seven
for the same amount of earned income; and
(g) Cash out of food stamps. To the extent permitted by  federal  law,
program  participants  shall  receive  the value of their food stamps in
cash.
(h) Child support pass through. The  requirement  that  certain  child
support  collected be passed through to the custodial parent pursuant to
section one hundred eleven-c of this chapter shall not apply to  persons
participating in the child assistance program.