New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.9 - Investigation and eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Nonfinancial eligibility requirements are:
(1) Residency. An applicant must live within
			 the geographic area served by the local department in which they file an
			 application for food stamps. An otherwise eligible household cannot be required
			 to reside in a permanent dwelling or have a fixed mailing address as a
			 condition of eligibility.
(2)
			 Citizens and eligible aliens. To be eligible to participate in the food stamp
			 program, a person must be a citizen of the United States or be an eligible
			 alien as set forth below.
(i) Time-limited
			 eligibility for refugees and asylees. The following aliens are eligible for
			 food stamps until five years after the date:
(a) the alien is admitted to the United
			 States as a refugee under section 207 of the Immigration and Nationality
			 Act;
(b) the alien is granted
			 asylum under section 208 of the Immigration and Nationality Act; or
(c) the alien's deportation is withheld under
			 section 243(h) of the Immigration and Nationality Act.
(ii) Certain permanent resident aliens. A
			 permanent resident alien is eligible for food stamps if the alien:
(a) is lawfully admitted to the United States
			 for permanent residence under the Immigration and Nationality Act;
			 and
(b) has worked 40 qualifying
			 quarters of coverage as defined under title II of the Social Security Act or
			 can be credited with such qualifying quarters. In determining the number of
			 qualifying quarters of coverage, an alien is credited with the following:
(1) all qualifying quarters of coverage
			 worked by the alien;
(2) all
			 qualifying quarters of coverage worked by a parent of such alien while the
			 alien was under age 18; and
(3) all
			 qualifying quarters worked by the spouse of such alien during their marriage
			 and the alien remains married to such spouse or such spouse is deceased; and
For purposes of clause (b) of this subparagraph, no
			   qualifying quarters of coverage provided for in subclause (1) of this clause
			   for any period beginning after December 31, 1996 may be credited to an alien if
			   such alien, for purposes of item (i) or the parents or spouse of such alien,
			   for purposes of items (ii) and (iii) respectively, received any Federal
			   means-tested public benefit during the period for which such qualifying quarter
			   of coverage is credited.
(iii) Lawfully residing aliens who are
			 veterans or are on active duty in the armed forces of the United States. An
			 alien lawfully residing in this State is eligible for food stamps if the alien:
(a) is a veteran with a discharge
			 characterized as an honorable discharge and not on account of
			 alienage;
(b) is on active duty,
			 other than duty for training, in the Armed Forces of the United States;
			 or
(c) is the spouse or unmarried
			 dependent child of an individual described in clauses (a) and (b) of this
			 subparagraph.
(iv)
			 Ineligibility under this paragraph does not apply until April 1, 1997 to an
			 alien who was in receipt of food stamp benefits on August 22, 1996.
(3) Student. To be eligible,
			 students must meet the requirements for student status as defined in section
			 387.1  of
			 this Part.
(4) Employment
			 registration. Household members, including migrant/seasonal laborers, must
			 register for employment unless they are deemed to be exempt pursuant to section
			 385.3 
			 of this Title.
(5) Social security
			 numbers (SSN). All households applying for or participating in the food stamp
			 program must provide the social security number of each household member. When
			 an individual does not have an SSN, an application for one must be made. Where
			 necessary, the local department must assist the household in obtaining an SSN.
			 Failure to apply for or provide an SSN shall result in the disqualification of
			 that individual from participation in the food stamp program. Applying for or
			 providing the SSN to the local department immediately brings the disqualified
			 individual into compliance with this requirement.
(6) Transfer of resources. Households which
			 have transferred resources as defined in subdivision (b) of this section
			 knowingly for the purpose of qualifying or attempting to qualify for food stamp
			 benefits shall be disqualified from participation in the food stamp program for
			 up to one year from the date of the discovery of the transfer. This
			 disqualification period shall be applied if the resources are knowingly
			 transferred in the three-month period prior to application or after the
			 household is determined eligible for benefits.
(i) Eligibility will not be affected by the
			 transfers of the following:
(a) resources
			 which would not otherwise affect eligibility;
(b) resources sold or traded at or near fair
			 market value;
(c) resources which
			 are transferred between members of the same household (including ineligible
			 aliens or disqualified persons whose resources are being considered available
			 to the household); and
(d)
			 resources which are transferred for reasons other than qualifying or attempting
			 to qualify for food stamp benefits.
(ii) If an applicant household knowingly
			 transferred resources for the purpose of qualifying or attempting to qualify
			 for food stamp benefits, the household shall be sent a notice of denial
			 explaining the reason for and length of the disqualification. The period of
			 disqualification shall begin in the month of application. If the household is
			 participating in the food stamp program at the time of the discovery of the
			 transfer, a notice of adverse action explaining the reason for and length of
			 the disqualification shall be made effective with the first allotment to be
			 issued after the notice of adverse action period has expired.
(iii) The length of the disqualification
			 period shall be based on the amount by which nonexempt transferred resources,
			 when added to other countable resources, exceeds the allowable resource limits.
			 The following chart will be used to determine the period of disqualification:
Amount in excess of the resource
					 limit
Period of disqualification
					 (months)
$1 to 249.99
1
250 to 999.99
3
1,000 to 2,999.99
6
3,000 to 4,999.99
9
5,000 or more
12
(7) Household cooperation.
(i) A household applying for food stamps must
			 cooperate in the eligibility determination process. The eligibility
			 determination process requires that the application form be completed and
			 signed, the household or its authorized representative be interviewed, and
			 certain information on the application be verified.
(a) If a household refuses to cooperate in
			 completing the eligibility determination process, the application must be
			 denied at the time of refusal. A household has refused to cooperate when the
			 household is able to cooperate, but clearly demonstrates that it will not take
			 actions that it can take and that are required to complete the application
			 process. The failure of a household to appear at a scheduled interview does not
			 constitute a refusal to cooperate unless the household has clearly refused to
			 be interviewed. If there is any question as to whether the household has merely
			 failed to cooperate, as opposed to refused to cooperate, the household's
			 application must not be denied.
(b)
			 A household's eligibility must be terminated if it refuses to cooperate with
			 any subsequent review of its eligibility, including reviews generated by
			 reported changes in circumstances and applications for
			 recertification.
(c) A household
			 whose eligibility has been denied or terminated for refusal to cooperate may
			 reapply for food stamps. Such household must not be determined eligible until
			 it cooperates in completing the eligibility determination process.
(ii) A household receiving SNAP
			 benefits or reapplying for SNAP must cooperate with any quality control review
			 of its current or previous SNAP eligibility. A household refusing to cooperate
			 in any quality control review must be determined ineligible to receive SNAP
			 benefits.
(a) A household whose eligibility
			 has been terminated for refusal to cooperate with a quality control review may
			 reapply for SNAP benefits . The household must not be determined eligible until
			 it cooperates in the quality control review, except as set forth in clause (b)
			 of this subparagraph.
(b) A
			 household cannot be denied SNAP benefits for its refusal to cooperate in a
			 quality control review if:
(1) the household
			 was terminated for refusing to cooperate with a quality control review during
			 the completed quality control review period; and
(2) the household reapplied for SNAP benefits
			 more than 125 days after the end of the annual review period, if it was
			 terminated for refusal to cooperate with a State quality control review, or
			 more than nine months after the end of the annual review period, if it was
			 terminated for refusal to cooperate with a federal quality control review;
			 and
(3) the household provides
			 verification of its eligibility for SNAP in accordance with section
			 387.8(b) 
			 of this Part.
(c) In the
			 event that one or more household members no longer reside with a household
			 terminated for refusal to cooperate, the penalty for refusal to cooperate will
			 attach to the household of the person(s) refusing to cooperate.