reglab/statecodes huggingface dataset:
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 2 - Determination of Eligibility-Categorical › Part 373 - Refugee Cash Assistance And Refugee Medical Assistance › Subpart 373-1 - Refugee Cash Assistance › Section 373-1.2 - Eligibility requirements for RCA

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligibility for RCA is limited to those
			   applicants who:
(1) are new arrivals who have
			   resided in the United States less than the RCA eligibility period;
(2) meet immigration status and
			   identification requirements set forth in section
			   373-1.3 
			   of this Subpart, or are the dependent children of, and part of a family unit
			   which includes a person who meets these requirements, unless the child is a
			   nonrefugee and one parent in the family unit is also a nonrefugee;
(3) are ineligible for Family Assistance (FA)
			   and Supplemental Security Income (SSI) programs;
(4) meet the requirements contained in
			   section
			   373-1.8 
			   of this Subpart;
(5) provide the
			   name of the resettlement agency which resettled them; and
(6) are not full-time students in
			   institutions of higher education, except where such enrollment is approved by
			   the office as part of an individual employability plan.
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 2 - Determination of Eligibility-Categorical › Part 373 - Refugee Cash Assistance And Refugee Medical Assistance › Subpart 373-1 - Refugee Cash Assistance › Section 373-1.3 - Requirements for documentation of immigration status

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant for RCA must, as a condition of
				eligibility, provide proof to the social services district, in the form of
				documentation issued by the Immigration and Naturalization Service (INS), of
				one of the following statuses:
(a)
			   refugee or asylee status:
(1) paroled as a
			   refugee or asylee under section 212(d)(5) of the Immigration and Naturalization
			   Act (the Act); or
(2) admitted as a
			   refugee under section 207 of the Act; or
(3) granted asylum under section 208 of the
			   Act.
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 2 - Determination of Eligibility-Categorical › Part 373 - Refugee Cash Assistance And Refugee Medical Assistance › Subpart 373-1 - Refugee Cash Assistance › Section 373-1.4 - Consideration of income and resources

Current through Register Vol. 46, No. 28, July 10, 2024
In determining the income and resources of applicants
				for and recipients of RCA, the following may not be considered by a social
				services district:
(a) any resources
			   remaining in the applicant's country of origin;
(b) a sponsor's income and resources solely
			   because the person is serving as a sponsor; and
(c) any cash grant received by the applicant
			   under the United States Department of State or Department of Justice Reception
			   and Placement Programs. This type of cash grant is made available during the
			   first 30 days from the date of entry into the United States.
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 2 - Determination of Eligibility-Categorical › Part 373 - Refugee Cash Assistance And Refugee Medical Assistance › Subpart 373-1 - Refugee Cash Assistance › Section 373-1.5 - Expenses incident to employment and exemption of earned income

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Expenses
			   incident to employment are available to a recipient of RCA to the same extent
			   that such expenses are available to a recipient of SNA, as specified in section
			   352.19 
			   of this Title.
(b) Exemption of
			   earned income, specified in section
			   352.20 
			   of this Title, is allowed only to a RCA household, which contains a dependent
			   child who meets the FA age requirements found in section
			   369.2(c) 
			   of this Title.
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 2 - Determination of Eligibility-Categorical › Part 373 - Refugee Cash Assistance And Refugee Medical Assistance › Subpart 373-1 - Refugee Cash Assistance › Section 373-1.6 - Need standards and payment levels

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In determining need for RCA, a social
			   services district must apply the need standards for Family Assistance (FA)
			   established under Part 352 of this Title.
(b) In determining the amount of the RCA
			   grant to be provided, a social services district must apply the payment level
			   which would be appropriate for an eligible filing unit of the same size under
			   the FA program.
(c) The payment of
			   RCA must begin on the same date, in relation to the date of application, as
			   assistance under the FA program would begin as provided by section
			   351.8 
			   of this Title.
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 2 - Determination of Eligibility-Categorical › Part 373 - Refugee Cash Assistance And Refugee Medical Assistance › Subpart 373-1 - Refugee Cash Assistance › Section 373-1.7 - Notification to local resettlement agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A social services district must promptly
			   notify the local resettlement agency, which provided for the initial
			   resettlement of a refugee, whenever the refugee applies for RCA.
(b) A social services district must contact
			   the applicant's sponsor or the local resettlement agency concerning offers of
			   employment and inquire whether the applicant has voluntarily quit employment or
			   has refused to accept an offer of employment within 30 consecutive days
			   immediately prior to the date of application.
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 2 - Determination of Eligibility-Categorical › Part 373 - Refugee Cash Assistance And Refugee Medical Assistance › Subpart 373-1 - Refugee Cash Assistance › Section 373-1.8 - Requirements for employability services and employment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Registration for employment-related
			   services, participation in employability services and targeted assistance
			   programs, participation in job search and interviews, and acceptance of
			   appropriate offers of employment.
(1) As a
			   condition for receipt of RCA, a recipient who is not exempt from complying with
			   employment requirements set forth in this section must, except for good cause:
(i) register with the authorized service
			   provider providing employability services;
(ii) within 30 days of receipt of RCA,
			   participate in the assigned employability services;
(iii) carry out job search, as provided for
			   in subdivision (f) of this section;
(iv) go to all job interviews arranged by the
			   authorized service provider;
(v)
			   accept an offer of employment which is determined to be appropriate by the
			   appropriate agency; and
(vi) accept
			   an offer of employment which is determined to be appropriate by the local
			   resettlement agency which was responsible for the initial resettlement of the
			   refugee or entrant.
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 2 - Determination of Eligibility-Categorical › Part 373 - Refugee Cash Assistance And Refugee Medical Assistance › Subpart 373-1 - Refugee Cash Assistance › Section 373-1.9 - Conciliation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Establishment
			   of conciliation procedure.
(1) Each social
			   services district must establish a conciliation procedure through which
			   recipients of RCA must be afforded an opportunity for conciliation to dispute a
			   determination that the recipient has failed or refused to participate in
			   appropriate employment services, to carry out a job search, to accept an
			   appropriate offer of employment or any action taken by a social services
			   district in accordance with the provisions of this Subpart.
(2) The conciliation procedure must provide
			   for at least one contact between the recipient, appropriate social services
			   staff and the mediator. The process may last no longer than 30 days unless
			   mutually agreed to by the social services district and the recipient.
(3) The social services district must enter
			   into an agreement with an independent entity or must employ trained social
			   services district staff who have no direct responsibility for the recipient's
			   case to act as mediators for such disputes.
(4) Notwithstanding the provisions of
			   paragraph (3) of this subdivision, the social services district may designate
			   other staff who are not specifically trained to mediate disputes if no
			   independent entity or trained staff are available. Such staff must have no
			   direct responsibility for the recipient's case and such designation must be
			   submitted to the local commissioner in writing.
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 2 - Determination of Eligibility-Categorical › Part 373 - Refugee Cash Assistance And Refugee Medical Assistance › Subpart 373-1 - Refugee Cash Assistance › Section 373-1.10 - Fair hearings

Current through Register Vol. 46, No. 28, July 10, 2024
To the extent not inconsistent with this Subpart, all
				of the requirements in Part 358 of this Title concerning notice requirements
				and fair hearings will apply to the RCA program. For the purposes of Part 358
				of this Title, RCA will be considered public assistance.
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 2 - Determination of Eligibility-Categorical › Part 373 - Refugee Cash Assistance And Refugee Medical Assistance › Subpart 373-2 - Refugee Medical Assistance › Section 373-2.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Refugee medical
			   assistance (RMA). The RMA Program is a Federal Program that provides medical
			   assistance to refugees, asylees and Cuban/Haitian entrants eligible under this
			   Subpart in order to assist them to achieve self-sufficiency as soon as
			   possible.
(b) Related regulations.
			   Regulations of Parts 500 through 541 of this Title establish policies and
			   standards for provision of medical assistance services and list fees and
			   reimbursement for specific medical assistance services.
(c) Definitions.
(1) Medically needy financial eligibility
			   standards means the financial requirements provided in Subpart 360-4 of this
			   Title.
(2) Spend down refers to the
			   process of deducting incurred medical expenses from countable income, thereby
			   lowering the amount of countable income/resources to a level that meets
			   financial eligibility requirements set forth in Subpart 360-4 of this
			   Title.
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 2 - Determination of Eligibility-Categorical › Part 373 - Refugee Cash Assistance And Refugee Medical Assistance › Subpart 373-2 - Refugee Medical Assistance › Section 373-2.2 - Determination of eligibility for RMA

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In determining eligibility for RMA, the
			   social services district must comply with the provisions of Part 360 of this
			   Title governing applications, determinations of eligibility, and the furnishing
			   of medical assistance (including the opportunity for fair hearings) in the
			   State.
(b) The social services
			   district must promptly notify the agency which provided for the initial
			   resettlement of a refugee whenever the refugee applies for medical
			   assistance.
(c) The social services
			   district must provide timely and adequate notice, as defined in Subpart 358-2
			   of this Title, to an applicant or recipient to indicate that assistance has
			   been authorized, denied or terminated and the notice must specify clearly the
			   determination with respect both to medical assistance and to RMA.
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 2 - Determination of Eligibility-Categorical › Part 373 - Refugee Cash Assistance And Refugee Medical Assistance › Subpart 373-2 - Refugee Medical Assistance › Section 373-2.3 - Eligibility requirements for RMA

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligibility for RMA is limited to those
			   persons aged 21 through 64 who are not living with a dependent child, are not
			   pregnant or certified blind/disabled and who:
(1) are eligible for or receiving Safety Net
			   Assistance (SNA); or
(2) are
			   eligible for medical assistance under the single/childless couples group
			   (S/CC); or
(3) have net available
			   income or resources above the SNA or S/CC levels, but whose net available
			   income or resources are at or below the State's medically needy levels as
			   determined using the requirements of Subpart 360-4 of this Title; and
(4) meet immigration status and
			   identification requirements in Subpart 373-1.3 of this Part; and
(5) meet eligibility requirements and
			   conditions set forth in this Subpart; and
(6) provide the name of the resettlement
			   agency which resettled them, if a refugee or entrant; and
(7) are not full-time students in an
			   institution of higher education, except where such enrollment is approved by
			   the office as part of an individual employability plan.
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 2 - Determination of Eligibility-Categorical › Part 373 - Refugee Cash Assistance And Refugee Medical Assistance › Subpart 373-2 - Refugee Medical Assistance › Section 373-2.4 - Consideration of income and resources

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In determining the income and resources
			   of applicants for and recipients of RMA, the following may not be considered by
			   a social services district:
(1) any resources
			   remaining in the applicant's country of origin;
(2) in-kind services and shelter provided to
			   an applicant by a sponsor or resettlement agency;
(3) a sponsor's income and resources;
			   and
(4) any cash grant received by
			   the applicant under the United States Department of State or Department of
			   Justice reception and placement programs.
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 2 - Determination of Eligibility-Categorical › Part 373 - Refugee Cash Assistance And Refugee Medical Assistance › Subpart 373-2 - Refugee Medical Assistance › Section 373-2.5 - Continued coverage of recipients who receive increased earnings from employment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a
			   refugee, an asylee or a Cuban/Haitian entrant who is receiving RMA receives
			   earnings from employment, the earnings shall not affect his or her continued
			   RMA eligibility.
(b) If a refugee,
			   an asylee or a Cuban/Haitian entrant who is receiving Family Assistance or
			   Medicaid has been residing in the United States for less than the
			   time-eligibility period for RMA, and becomes ineligible for either program
			   because of earnings from employment, the individual must be transferred to RMA
			   without a RMA eligibility re-determination.
(c) The provisions of subdivisions (a) and
			   (b) of this section apply to a recipient of RMA until the recipient reaches the
			   end of his or her time eligibility period for RMA as described in section
			   373-2.3(c) 
			   of this Subpart.
(d) In cases where
			   a refugee, an asylee or a Cuban/Haitian entrant is covered by employer-provided
			   health insurance, any payment of RMA for that individual must be reduced by the
			   amount of the third party payment.
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 2 - Determination of Eligibility-Categorical › Part 373 - Refugee Cash Assistance And Refugee Medical Assistance › Subpart 373-2 - Refugee Medical Assistance › Section 373-2.6 - Health screening

Current through Register Vol. 46, No. 28, July 10, 2024
As part of the RMA program, a comprehensive health
				screening may be provided to refugees, asylees and Cuban/Haitian entrants
				without prior determination of their eligibility for RMA if the screening is
				done during the first 90 days from the date of entry into the United States for
				refugees and Cuban/Haitian entrants and from the date asylum is granted by INS
				for asylees.
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 2 - Determination of Eligibility-Categorical › Part 374 - Tax Refund Offset For Overpayments Of Public Assistance › Section 374.0 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth procedures for providing persons
			   with notice that their tax overpayments are being credited to obligations to
			   repay overpayments of public assistance and procedures for persons to contest
			   determinations of the department to make such credits of their tax
			   overpayments.
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 2 - Determination of Eligibility-Categorical › Part 374 - Tax Refund Offset For Overpayments Of Public Assistance › Section 374.1 - Withholding of State tax overpayments

Current through Register Vol. 46, No. 28, July 10, 2024
The department is entitled to receive overpayments of
			   State tax owed to any individual who has received an overpayment of public
			   assistance benefits provided that the department or a social services district
			   has previously mailed a written determination or notice to the individual,
			   identifying the amount and nature of the public assistance benefits
			   overpayment, and requested repayment of the overpayment. The department may not
			   receive an overpayment of State tax if a proceeding for administrative or
			   judicial review regarding the overpayment of public assistance benefits is
			   pending or if the time for initiation of such proceeding has not
			   expired.
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 2 - Determination of Eligibility-Categorical › Part 374 - Tax Refund Offset For Overpayments Of Public Assistance › Section 374.2 - Notice

Current through Register Vol. 46, No. 28, July 10, 2024
When the department has determined that it is entitled to
			   receive an overpayment of State tax, it will send a written notice to the
			   individual at the individual's last known address which includes a
			   statement:
(a) that the public
			 assistance overpayment is past due and will be referred to the State Department
			 of Taxation and Finance for offset;
(b) identifying the nature of the overpayment
			 and the amount of the overpayment that is due;
(c) that State law permits the offset of tax
			 overpayments;
(d) that the
			 individual may request in writing a review of the department's determination;
			 the request must be sent to the individual at an address set forth in the
			 notice, within 30 days from the date of the notice;
(e) that the individual may present written
			 arguments and evidence in support of any defense to the offset of the tax
			 refund with the request for a review;
(f) that nothing in the notice will be deemed
			 to afford the individual the opportunity to reargue any issue which could have
			 been raised previously in any administrative or judicial proceeding;
			 and
(g) identifying the defenses
			 available to the individual to contest the referral for offset of the tax
			 refund.
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 2 - Determination of Eligibility-Categorical › Part 374 - Tax Refund Offset For Overpayments Of Public Assistance › Section 374.3 - Defenses

Current through Register Vol. 46, No. 28, July 10, 2024
The following defenses may be raised against the offset
			   of the tax refund, in whole or in part:
(a) the person who received the notice of the
			 tax refund offset is not the person identified as owing the
			 overpayment;
(b) the overpayment
			 has been repaid in full;
(c) the
			 overpayment has been partially repaid and the amount due is less than the
			 amount set forth in the notice; and
(d) the person is making current payments on
			 the overpayment in accordance with an agreement with the social services
			 district.
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 2 - Determination of Eligibility-Categorical › Part 374 - Tax Refund Offset For Overpayments Of Public Assistance › Section 374.4 - Review and determination by the department

Current through Register Vol. 46, No. 28, July 10, 2024
When the department has received a written request for
			   review, the department will review the arguments and evidence submitted by the
			   individual. The department will issue a written response to the individual
			   which will be the final determination of the department. The department will
			   not be entitled to receive an overpayment of State tax, until the time for
			   requesting a review of the department's determination as set forth in section
			   374.2(d) 
			   of this Part has expired, or, when such request for a review was timely made,
			   until a written response has been issued by the department advising the
			   individual that retention of the overpayment of State tax by the department is
			   proper.
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 3 - Authorization and Payment › Part 381 - Method Of Payment › Section 381.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unrestricted
			 money payment. An unrestricted money payment means one which is paid to the
			 grantee, in cash, by check, or through an electronic benefit transfer system,
			 and without direction on the check or by letter or by agreement as a condition
			 of receiving the payment or by other notice, that the recipient must use his or
			 her money in a specified way or for a specified purpose. Such unrestricted
			 money payments must be payable to:
(1) the
			 recipient or his or her legally appointed committee;
(2) the grantee in family
			 assistance;
(3) an adult member of
			 the household in safety net assistance.
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 3 - Authorization and Payment › Part 381 - Method Of Payment › Section 381.2 - General policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Payment for authorized public assistance in the family assistance and safety
			 net assistance programs must be made by issuance of an unrestricted money
			 payment where practicable, except when the applicant/recipient requests in
			 writing that vendor or protective payments be made or as otherwise provided in
			 Part 370 of this Title or when office regulations require or authorize goods or
			 services to be purchased or otherwise provided or under the special
			 circumstances specified in this Part.
(b) The office may contract with a public or
			 private entity for a statewide electronic benefit transfer (EBT) system for the
			 distribution of public assistance cash grants and allowances, Federal food
			 stamp benefits, State/local food assistance benefits and safety net program
			 benefits to eligible grantees provided:
(1) a
			 proposed plan of operation, in accordance with office requirements, is
			 submitted by the EBT contractor to the office for its approval prior to the
			 implementation of the statewide EBT system;
(2) the EBT contractor is accessible via a
			 toll-free telephone number to the grantees who are to be served by such
			 contractor;
(3) at the time of EBT
			 implementation within each local district or in any political or other
			 geographic subdivision of such district, the office publishes a list of cash
			 access points and solicits comment on the adequacy of the access;
(4) the office works with the EBT contractor
			 to establish cash access points at a broad range of businesses and community
			 facilities including community centers, senior citizen centers, education and
			 job skills training sites and local housing authorities;
(5) the EBT contractor is required to give
			 appropriate notification to the office of unaccessed payments and benefits;
			 and
(6) the office makes available
			 to each recipient, training materials and instructions about the use of the EBT
			 system, which must include:
(i) transactions
			 and services provided through the EBT system and any limitations
			 thereon;
(ii) recipient rights,
			 responsibilities and liabilities under EBT;
(iii) the process for reporting lost or
			 stolen EBT access cards or for reporting unauthorized access to
			 accounts;
(iv) the process for
			 replacement of access cards and procedures to obtain needed benefits until the
			 card is replaced; and
(v) a
			 toll-free telephone procedure by which recipients can obtain account balances
			 and transaction history; and
(7) each social services district is required
			 to convert to the EBT system designated by the office as its electronic benefit
			 distribution mechanism to the degree such system is available as soon as such
			 system is made available by the office to the local district.
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 3 - Authorization and Payment › Part 381 - Method Of Payment › Section 381.3 - Restrictions on money payments

Current through Register Vol. 46, No. 28, July 10, 2024
Money payments shall be restricted under the following
			   circumstances:
(a) Restriction based
			 on inability to handle cash. When the inability of an applicant for, or
			 recipient of, ADC to handle cash has been demonstrated and when neither the
			 granting of power of attorney by the recipient nor the appointment of a
			 committee by the court is deemed practicable, payment of all or part of the
			 grant shall be made by restricted payments. The recipient shall be sent written
			 notice whenever a creditor requests a restricted payment for mismanagement on
			 the basis of nonpayment of bills. Where payment is restricted, the reason for
			 the decision to restrict shall be explained in the case record and the
			 recipient shall be sent written notice of the restriction together with the
			 reasons pertaining thereto. The recipient shall be sent written notice of any
			 decision not to use a restricted payment. The local social services district
			 shall initiate discussion concerning the client's reasons for nonpayment of
			 bills and shall make renewed effort to help the client assume responsibility
			 for paying his own bills.
(b) When
			 an applicant/recipient of ADC requests in writing that vendor or protective
			 payment be made in instances where the budget deficit is greater than or equal
			 to the charge for the goods or services rendered or greater than or equal to
			 the maximum amounts set forth in section
			 352.29(e) 
			 of this Title in those cases where the requested vendor payment is for a heat
			 and/or domestic energy bill.
(c)
			 Public assistance must be granted in cash; provided, however, that when the
			 granting of cash may be deemed inappropriate by the social services district
			 because of one of the following situations, public assistance may be granted in
			 whole or in part by restricted payment:
(1)
			 an applicant or recipient has demonstrated an inability to manage
			 funds;
(2) less expensive or more
			 easily controlled alternative methods of payment are available;
(3) when vendor payments are made to
			 landlords on behalf of individuals residing in public housing; or
(4) an applicant or recipient requests
			 restricted payments.
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 3 - Authorization and Payment › Part 381 - Method Of Payment › Section 381.4 - Restricted payments in ADC

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 The use of a protective payee, vendor or other restricted payment is required:
			 when the relative payee has demonstrated such inability to manage funds that
			 the best interest of the child is not served; or at the request of the
			 recipient.
(b) In making a
			 determination of mismanagement in ADC cases, the following considerations shall
			 apply:
(1) Methods shall be in effect to
			 identify children whose relatives have demonstrated such an inability to manage
			 funds that payments to the relative have not been or are not currently used in
			 the best interest of the child. This means that the relative has misused funds
			 to such an extent that allowing him or her to manage the ADC grant is a threat
			 to the health or safety of the child. Nonpayment of bills may be used as an
			 indication that mismanagement may exist. However, a determination of such
			 mismanagement shall not be made solely on the fact that bills are not paid on a
			 timely basis. All relevant considerations shall be taken into account
			 including, but not limited to the following:
(i) The fact that more than one month has
			 passed since the bill payment was due and payment has not yet been made or
			 notice of the termination of essential services for nonpayment of bills shall
			 be considered rebuttable presumptive evidence of inability to handle cash.
			 Examples of how this presumption may be rebutted include, but are not limited
			 to:
(a) where a recipient demonstrates that
			 the family has experienced some emergency or extraordinary event for which it
			 was appropriate for available funds to be spent;
(b) where a recipient demonstrates
			 extraordinary expenses for necessary items not normally provided for by the
			 public assistance grant or by the medical assistance program or for which
			 payment is not otherwise readily available from some other source;
(c) where a recipient demonstrates that the
			 family has withheld the payment of bills as a reasonable exercise of consumer
			 rights where there is a legitimate dispute as to whether the terms of an
			 agreement have been met.
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 3 - Authorization and Payment › Part 381 - Method Of Payment › Section 381.5 - Review and termination of restriction-ADC

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The social services official shall
			 undertake and continue special efforts to develop greater ability on the part
			 of the relative to manage funds in such manner as to protect the welfare of the
			 family.
(b) The need for protective
			 payee, vendor payments or restricted money payments and the way in which a
			 protective payee's responsibilities are carried out (including a report of
			 accountability for the disposition of funds showing expenditures for major
			 items of maintenance on a monthly basis, e.g., rent, heat, utilities, food,
			 clothing, incidentals) shall be reviewed as frequently as indicated by the
			 individual circumstances or at least every six months.
(c) Provisions shall be made for termination
			 of protective payee or vendor payments as follows:
(1) When relatives are considered able to
			 manage funds in the best interest of the child, there shall be a return to
			 money payment status.
(2) When it
			 appears that need for protective payee or vendor payments will continue or is
			 likely to continue beyond two years because all efforts have not resulted in
			 sufficiently improved use of assistance in behalf of the child, judicial
			 appointment of a guardian or other legal representative shall be sought, and
			 such payments shall terminate when the appointment has been made.
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 3 - Authorization and Payment › Part 381 - Method Of Payment › Section 381.7 - Requirements governing designation of protective payees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Payment to an individual other than the
			 eligible relative in ADC (i.e., to a protective payee) shall be made only with
			 the participation and consent of recipient or his eligible relative whenever
			 such participation and consent normally may be obtained. After the obtaining of
			 participation and consent, or if participation and consent is not obtained and
			 protective payment is nonetheless deemed appropriate, payment may be made to:
(1) an interested individual concerned with
			 the welfare of the child or relative in ADC;
(2) a staff member of a private agency, a
			 public social services agency or any other appropriate organization;
(3) a staff member of a social services
			 district. Selection shall be made preferably from the staff providing
			 protective services. Such staff shall be utilized only to the extent that the
			 social services district has adequate staff for this purpose. The social
			 services district shall employ such additional staff as may be necessary to
			 provide protective payees, in accordance with department regulations;
			 and
(4) the superintendent, or his
			 designee, of a public institution for mental diseases or a public institution
			 for the mentally retarded, provided:
(i) no
			 other suitable protective payee can be found; and
(ii) there are appropriate staff available to
			 assist the superintendent in carrying out the protective payment
			 function.
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 3 - Authorization and Payment › Part 381 - Method Of Payment › Section 381.8 - Fair hearings on method of payment

Current through Register Vol. 46, No. 28, July 10, 2024
An opportunity for a fair hearing shall be provided on
			   any issue relating to method of payment in accordance with department
			   regulations on fair hearings.
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 3 - Authorization and Payment › Part 381 - Method Of Payment › Section 381.9 - Limitations on reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Reimbursement in ADC. Federal and State reimbursement may be claimed on all
			 eligible grants of assistance in ADC.
(b) Reimbursement in HR. State reimbursement
			 may be claimed on all eligible grants of assistance.
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 3 - Authorization and Payment › Part 382 - Predetermination Grants › Section 382.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Predetermination grant means a grant made to a
			   financially eligible individual or family when all evidence secured either
			   prior to the granting of assistance or during the recertification process
			   supports a presumption of categorical eligibility, but full documentation and
			   proof of eligibility is lacking.
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 3 - Authorization and Payment › Part 382 - Predetermination Grants › Section 382.2 - Requirement to make a predetermination grant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A social services official administering
			 ADC shall:
(1) provide a predetermination
			 grant to all applicants who are in need and who are presumed to be
			 categorically eligible; and
(2)
			 transfer to a predetermination grant all HR recipients who are presumptively
			 eligible for ADC immediately upon the identification of such
			 eligibility.
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 3 - Authorization and Payment › Part 382 - Predetermination Grants › Section 382.3 - Decision on eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
A decision as to the categorical eligibility of
			   predetermination grant cases must be made as soon as
			   possible.
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 3 - Authorization and Payment › Part 382 - Predetermination Grants › Section 382.4 - Continuation of a predetermination grant

Current through Register Vol. 46, No. 28, July 10, 2024
A predetermination grant shall be continued so long as
			   need exists and until a determination of eligibility for the categorical
			   eligibility is:
(a) definitely
			 established;
(b) not determinable
			 because public assistance is terminated.
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 3 - Authorization and Payment › Part 382 - Predetermination Grants › Section 382.5 - Claims for reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
Federal reimbursement of predetermination grants may be
			   claimed only after ADC categorical eligibility is established. State
			   reimbursement may be claimed by social services districts for all
			   predetermination grants.
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 3 - Authorization and Payment › Part 383 - Payment Access Cards › Section 383.1 - General issuance

Current through Register Vol. 46, No. 28, July 10, 2024
Each social services official must issue a payment access
			   card, in accordance with the specifications of the office, to any person who is
			   eligible for public assistance and to whom payment is to be made, except to a
			   recipient who is a resident in a medical or health-related
			   facility.
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 3 - Authorization and Payment › Part 383 - Payment Access Cards › Section 383.2 - Contracts

Current through Register Vol. 46, No. 28, July 10, 2024
The office must contract with a supplier for the
			   necessary equipment, services and supplies to implement this requirement. When
			   a recipient claims that his or her payment access card, which is required to
			   access benefits through electronic issuance systems, has been lost, stolen or
			   destroyed, or that the security features of the card have been compromised, the
			   social services district must provide the recipient with a replacement payment
			   access card within 48 hours, exclusive of holidays and weekends, once the
			   recipient has complied with the social services district's identification
			   verification requirements.
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 3 - Authorization and Payment › Part 383 - Payment Access Cards › Section 383.3 - Grantee responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Repealed
(b) Each appropriate
			 grantee must receive an initial payment access card at no charge to the
			 grantee. When a recipient claims that his or her payment access card, which is
			 required to access benefits through electronic issuance systems, has been lost,
			 stolen or destroyed, or that the security features of the card have been
			 compromised, the social services district must provide the recipient with a
			 replacement payment access card within 48 hours, exclusive of holidays and
			 weekends, once the recipient has complied with the social services district's
			 identification verification requirements.
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 3 - Authorization and Payment › Part 383 - Payment Access Cards › Section 383.4 - Medical assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 social services district shall issue medical assistance payment access cards
			 for its entire public assistance- and medical assistance-only caseload
			 (including chronic and foster-care cases) in the manner and at the times
			 required in Part 360 of this Title.
(b) The payment access card issued to a
			 person eligible for medical assistance shall constitute full authorization for
			 providing any medical services and supplies for which the person is
			 eligible.
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 3 - Authorization and Payment › Part 383 - Payment Access Cards › Section 383.5 - Improper utilization of medical assistance identification card

Current through Register Vol. 46, No. 28, July 10, 2024
If the social services district is advised by the
			   department that a recipient of medical assistance has utilized his or her
			   medical assistance payment access card improperly to obtain care or services,
			   the social services district shall:
(a)
			 restrict, in accordance with procedures described in section 360.32 of this
			 Title, the use of such card to a single provider in the restriction category;
			 or
(b) require prior approval of
			 the social services district for any or all ambulatory care and services
			 requested by the recipient, except emergency care and services.
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 3 - Authorization and Payment › Part 384 - Identification Cards › Section 384.1 - Non-driver's identification card

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to section 490 (3)(a)(iii)  of the
			 Vehicle and Traffic Law, a person who meets the following requirements may
			 apply to the Department of Motor Vehicles for a non-driver's identification
			 card and receive such card without the payment of any fee, upon submitting the
			 appropriate application:
(1) an individual
			 who is a recipient of:
(i) public assistance,
			 as defined in section 2 (19)  of the Social Services
			 Law;
(ii) supplemental nutrition
			 assistance program benefits, pursuant to section 95  of the Social Services Law; or
(iii) medical assistance, as defined in
			 section 2 (38)(a)  of the Social
			 Services Law; and
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 385 - Public Assistance And Food Stamp Employment Program Requirements › Section 385.0 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth the provisions and requirements of
			   public assistance and food stamp employment programs, including the
			   administration of local employment plans. It also contains work requirements
			   for public assistance and food stamp applicants and recipients and sanctions
			   for those who fail to comply without good cause with these
			   requirements.