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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.26 - Elderly Simplified Application Project (ESAP)

Current through Register Vol. 46, No. 28, July 10, 2024
The ESAP is a federally-approved demonstration project
			   which streamlines the SNAP application, recertification and verification
			   processes for eligible seniors and/or disabled individuals. The operation of
			   the ESAP, as set forth in this section, is subject to continued federal
			   approval and funding.
(a) Eligible
			 Households. Unless ineligible under subdivision (b) of this section, households
			 eligible to participate in the ESAP are as follows:
Households in which all adult members are:
(1) Age 60 or older and/or disabled;
			 and,
(2) Not in receipt of earned
			 income.
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 388

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Social Services Law, §§
			   20[3][d], 34[3][f], 95 [10]
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 390 - Donated Grants Of Money, Property Or Services › Section 390.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
A social services district may accept, receive and expend
			   public and private donated grants of money, property or services. Expenditures
			   for such gifts for social services shall, if approved by the department, be
			   subject to reimbursement by the State, not pursuant to section 153 or any other
			   provision of the Social Services Law, but in accordance with department
			   regulations to the extent of any, and only in the amount of, Federal funds, if
			   any, properly received or to be received on account of such
			   expenditures.
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 390 - Donated Grants Of Money, Property Or Services › Section 390.2 - Reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
Expenditures of such donations for social services,
			   whether provided directly by a social services district or by purchase, may be
			   eligible for reimbursement, subject to the approval of the department, under
			   the following circumstances and conditions:
(a) There shall be a written agreement
			 between the social services district and the donor, which agreement shall meet
			 all State and Federal requirements pertaining thereto, and a copy of such
			 agreement shall be submitted to the department prior to the proposed effective
			 date thereof.
(b) The donations
			 shall be transferred to the local social services district and be under its
			 administrative control.
(c) The
			 donations shall be on an unrestricted basis (except that funds donated to
			 support a particular kind of activity, or to support a particular kind of
			 activity in a named community, shall be acceptable provided the donating
			 organization is not the sponsor or operator of the activity being
			 funded).
(d) The donation shall not
			 be earmarked for a particular individual or for members of a particular
			 organization.
(e) The donations
			 shall not revert to the donor's facility or use.
(f) The donations shall comprise the full
			 non-Federal (State and local) share of the cost of the service being
			 purchased.
(g) Federal funds are
			 available for the service activity being funded.
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 393 - Home Energy Assistance Program › Section 393.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) HEAP is a State
			 supervised program to assist eligible low-income households in meeting the
			 costs of home energy. Home energy means a source of heating in residential
			 dwellings.
(b) Each social services
			 district shall administer HEAP in accordance with applicable Federal and State
			 statutes and regulations, the federally accepted State Plan, the HEAP manual
			 and applicable releases of the New York State Department of Social
			 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 4 - Services to Individuals › Part 393 - Home Energy Assistance Program › Section 393.3 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of
			 the annual HEAP State Plan, the office will designate a specific period of time
			 during which local districts must receive applications for HEAP benefits. If
			 the office determines that sufficient program and administrative funds are
			 available, the office may extend the period for receiving applications for HEAP
			 benefits beyond the last business day of the specified time period. In the
			 event that the office determines that there are insufficient program and/or
			 administrative funds to continue receiving applications prior to the last
			 business day of the specified time period, the time period for receipt of
			 applications may be correspondingly shortened. Applications for emergency HEAP
			 benefits will be accepted at least until March 15th of each program year.
			 Applications for HEAP benefits must be received and recorded on the
			 State-prescribed form or on a local equivalent form approved by the office.
			 During the designated period of time that local districts receive applications,
			 social services districts must:
(1) assure
			 that no household is denied the opportunity to apply for HEAP;
(2) assure that applicants are provided with
			 clear and detailed information concerning eligibility requirements and types of
			 assistance available under HEAP; and
(3) inform applicants or assure that
			 applicants are informed of their responsibility to provide accurate, complete
			 and current information to establish their eligibility as set forth in section
			 393.4  of
			 this Part. For a regular HEAP benefit such information must include, but not be
			 limited to, identity, household size, residence, type of energy usage and
			 income from any source. For the emergency benefit it must include the
			 information for a regular HEAP benefit, information on savings or other
			 resources, and information on the absence or impending absence of home
			 energy.
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 393 - Home Energy Assistance Program › Section 393.4 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligibility for
			 regular and emergency HEAP benefits must be determined for each applicant in
			 accordance with this Part.
(b) For
			 purposes of the annual HEAP State Plan, a household is defined as any
			 individual or group of individuals who are living together as one economic unit
			 for whom residential energy is customarily purchased in common or who make
			 undesignated payments for energy in the form of rent and such individual or
			 group of individuals occupy a housing unit. Any individual residing in a
			 housing unit who is related by blood, marriage or adoption to any other
			 household member shall be presumed a household member in determining HEAP
			 eligibility unless he/she supplies reasonable evidence to rebut this
			 presumption. Relationship by blood, marriage or adoption is deemed to include
			 the following:
(1) father, mother, son,
			 daughter, brother, sister; or
(2)
			 stepfather, stepmother, stepbrother, and stepsister.
In determining household size, adults in foster care,
			   foster care children and nonrelated roomers and/or boarders must be excluded
			   from the household count.
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 393 - Home Energy Assistance Program › Section 393.5 - Decisions, appeal and fair hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Determinations of eligibility on
			 applications for regular benefits must be made within 30 business days after
			 the filing of such application. Determinations of eligibility for emergency
			 benefits must be made expeditiously so as to protect the health and safety of
			 the applicant household. Some form of assistance to resolve the energy crisis
			 must be provided to an eligible household in a life-threatening situation no
			 later than 18 hours after the filing of a completed application or within 48
			 house if the household is not in a life threatening situation. The date of
			 filing an application is the date of receipt by a designated county certifier
			 of a signed, completed application on the State-prescribed form. The applicant
			 must be promptly notified of the determination in writing.
(b) If during the designated period of time
			 for accepting applications, a district exhausts its allocation of Federal
			 funds, the following actions shall be taken:
(1) Denial notices shall be issued to those
			 applicants who fail to meet the eligibility requirements of the
			 program.
(2) Notices of
			 determination must be issued to those applicants eligible for the program but
			 for whom Federal funds are unavailable. Such notice must be adequate as defined
			 in Part 358 of this Title.
(3)
			 Should additional Federal funds become available to the district, those
			 applicants in receipt of a notice of determination shall receive priority
			 processing based upon the initial date of receipt of their completed
			 application by a designated county certifier.
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 394 - Utility Disconnection And Fuel Nondelivery Procedures › Section 394.1 - Utility disconnection response procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. The local social services
			 district shall take the following actions in cases in which a suspected serious
			 impairment to human health is identified. A special procedure must also be
			 utilized to protect individuals who are both seriously impaired and who are
			 unable because of mental or physical problems to manage their own resources or
			 to protect themselves from neglect or hazardous situations without the
			 assistance of others. These actions shall complement and be in concert with
			 rules and regulations of the Public Service Commission regarding discontinuance
			 of utility service. These actions shall be in effect as a mandate during the
			 period November 1st through April 15th of each year. In addition, from
			 September 1st through October 31st of each year, utilities must review
			 heat-related disconnections since the previous November 1st which are still
			 disconnected (i.e.,dormant accounts) and refer any suspected serious impairment
			 situations to the local social services district.
(b) Liaison. The local social services
			 official shall designate a staff member to function as liaison to appropriate
			 utility corporation(s) to insure timely and effective implementation of these
			 procedures. Appropriate utilities are those which are regulated by the Public
			 Service Commission.
(c) Serious
			 impairment. A serious impairment to human health is indicated if the utility
			 customer of record, or other person residing in the premises, appears to be
			 seriously impaired and may, because of mental or physical problems, be unable
			 to manage his or her own resources, carry out activities of daily living or
			 protect oneself from neglect or hazardous situations without assistance from
			 others. Indicators of serious impairments include, but are not limited to:
(1) age, infirmity or mental
			 incapacitation;
(2) use of life
			 support systems, such as dialysis machines or iron lungs;
(3) serious illness;
(4) physical disability or blindness;
			 or
(5) any other factual
			 circumstances which indicate severe or hazardous health situations.
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 394 - Utility Disconnection And Fuel Nondelivery Procedures › Section 394.2

Current through Register Vol. 46, No. 28, July 10, 2024
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 394 - Utility Disconnection And Fuel Nondelivery Procedures › Section 394.3 - Residential utility service termination-special protection for aged, blind or disabled

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 General. Local social services districts shall take the following actions in
			 cases in which a household is identified during a utility's or municipality's
			 service disconnection process to be "elderly, blind or disabled." These actions
			 shall complement and be in concert with rules and regulations of the Public
			 Service Commission regarding discontinuance of utility service and shall be in
			 effect as a mandate on a year-round basis.
(b) Liaison. The local social services
			 official shall designate a staff member to function as liaison to appropriate
			 utility corporations to insure timely and effective implementation of these
			 procedures. Appropriate utility corporations are those which are regulated by
			 the Public Service Commission.
(c)
			 Elderly, blind or disabled determination.
(1)
			 A household shall be given an elderly designation if the utility customer is 62
			 years of age or older, and all the remaining residents of the household are 62
			 years of age or older, 18 years of age or under, or blind or
			 disabled.
(2) A person shall be
			 considered disabled if the person has a disability as that term is defined in
			 the Human Rights Act (Executive Law, § 292[21]). The definition is as
			 follows: The term disability means a physical, mental or medical impairment
			 resulting from anatomical, physiological or neurological conditions which
			 prevents the exercise of a normal bodily function or is demonstrable by
			 medically accepted clinical or laboratory diagnostic techniques; provided,
			 however, that in all provisions of this Article dealing with employment, the
			 term shall be limited to physical, mental or medical conditions which do not
			 prevent the complainant from performing in a reasonable manner the activities
			 involved in the job or occupation sought.
(3) A person shall be considered blind if the
			 person has central visual acuity of 20/200 or less in the better eye with the
			 use of a correcting lens. An eye which is accompanied by a limitation in the
			 field of vision such that the widest diameter of the visual field subtends an
			 angle no greater than 20 degrees shall be considered as having a central visual
			 acuity of 20/200 or less.
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 394 - Utility Disconnection And Fuel Nondelivery Procedures › Section 394.4 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
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 394 - Utility Disconnection And Fuel Nondelivery Procedures › Section 394.5 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
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 394 - Utility Disconnection And Fuel Nondelivery Procedures › Section 394.6 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
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 394 - Utility Disconnection And Fuel Nondelivery Procedures › Section 394.7 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
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 5 - MISCELLANEOUS › Part 395 - Military Service Benefits › Section 395.1 - Responsibilities relating to military service benefits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicants who have previous or current
			 military service or who are dependents of persons with such service shall be
			 informed of their responsibility to apply for and utilize benefits related to
			 such services.
(b) Full use shall
			 be made of the services of the New York State Division of Veterans' Affairs,
			 its veterans' counselors and of the American National Red Cross.
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 5 - MISCELLANEOUS › Part 395 - Military Service Benefits › Section 395.2 - Effect of veterans' benefits on eligibility for public assistance and care

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Notifications from Veterans Administration. Local social services departments
			 shall make full utilization of the notifications received from the Veterans
			 Administration which are made available when any correspondence indicates that
			 the beneficiary is in receipt of or has applied for public
			 assistance.
(b) Public welfare
			 inquiries to the Veterans Administration. In the absence of notifications from
			 the Veterans Administration, local social services departments shall request
			 information from the Veterans Administration on monetary benefits when there is
			 reason to believe that a veteran or his dependents are receiving such benefits
			 or have applied for or intend to apply for benefits. Such inquiries shall be
			 made after first attempting to secure the necessary facts from the veteran or
			 his dependents.
(c) Responsibility
			 for veterans ineligible for benefits. The local social services department
			 shall accept special responsibility to assist the veteran who has been
			 discharged under conditions which make him ineligible for veterans' benefits.
			 Such veterans shall be furnished assistance and services to promote their
			 adjustment and return to civilian status.
(d) Eligibility for admission to the New York
			 State Veterans' Home at Oxford. Eligibility for and approval of admission to
			 the New York State Veterans' Home shall not be construed as making an applicant
			 for or recipient of public assistance ineligible for such assistance, care and
			 service. Eligibility for public assistance shall not be construed as making
			 applicants for or recipients of public assistance ineligible for admission to
			 the New York State Veterans' Home at Oxford, when otherwise qualified for
			 admission.
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 5 - MISCELLANEOUS › Part 395 - Military Service Benefits › Section 395.3 - Persons in military service-eligibility of dependents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Social services districts shall provide
			 assistance and care to the dependents of persons in the Armed Forces on the
			 basis of presumptive or established need. Assistance and care shall be granted
			 to such dependents for whose support members of the Armed Forces are legally or
			 socially responsible but for whom they are unwilling to allot portions of
			 service pay or are unwilling and/or unable to make allotments in specified
			 amounts in order to claim quarters allowances. Such assistance shall be granted
			 only until needed support can be obtained from legally responsible relatives in
			 the Armed Forces and only for such amounts as are not provided by such
			 relatives' allotments.
(1) Applicants for
			 public assistance or care, who are the spouses and children of members of the
			 Armed Forces, shall be referred to local chapters of the American Red Cross for
			 financial assistance pending the first receipt of allotments or allowances, or
			 the first determination of the member's refusal to allot payments and claim
			 quarters allowances for their support.
(2) Recipients of public assistance and care,
			 including the spouses and children of members of the Armed Forces, shall be
			 granted public assistance and care during the exploration of the service
			 person's intent in regard to allotments and pending the receipt of such
			 payments.
(3) Public assistance and
			 care shall be granted when necessary to supplement allotments of service pay,
			 or in lieu of such payments when the person in service refuses to make
			 allotments of pay or claim quarters allowances for the support of his
			 dependents.
(4) In applying the
			 income made available through allotments of service pay, the regular and
			 special needs of the dependent for whom the member of the Armed Forces has
			 allotted a specified amount in order to claim quarters allowances shall be met
			 before any portion of this income is applied to the needs of other members of
			 the household.
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 5 - MISCELLANEOUS › Part 396 - Lottery Prize Intercept For Repayment Of Public Assistance › Section 396.1 - Interception of lottery winnings

Current through Register Vol. 46, No. 28, July 10, 2024
The office is entitled to receive up to 50 percent of any
			   lottery prize of $600 or more from any individual who has received public
			   assistance benefits within a period of up to 10 years prior to the issuance of
			   such prize.
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 5 - MISCELLANEOUS › Part 396 - Lottery Prize Intercept For Repayment Of Public Assistance › Section 396.2 - Notice

Current through Register Vol. 46, No. 28, July 10, 2024
When the office has been notified by the Division of the
			   Lottery that a person who has been a recipient of public assistance during the
			   past 10 years has won a lottery prize of $600 or more, it will send a written
			   notice within 30 days to the individual at the individual' last known address
			   from the public assistance file and, if different, to the individual at the
			   address shown on the lottery intercept file, which:
(a) states that the Social Services Law and
			 Tax Law permit the office to intercept up to 50 percent of any New York State
			 lottery prize of $600 or more to repay public assistance received during the
			 past 10 years;
(b) sets forth the
			 amount of public assistance owed and the amount of the repayment
			 intercepted;
(c) states that the
			 individual may send a written request to an address set forth in the notice for
			 review of the office's determination not later than 30 days from the date of
			 the notice;
(d) states that the
			 individual may present written arguments and evidence in support of any defense
			 to the interception of the lottery prize with the request for a review;
			 and
(e) lists the defenses
			 available to the individual to contest the interception of the lottery
			 prize.
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 5 - MISCELLANEOUS › Part 396 - Lottery Prize Intercept For Repayment Of Public Assistance › Section 396.3 - Defenses

Current through Register Vol. 46, No. 28, July 10, 2024
The following defenses may be raised against the
			   interception of all or a part of the lottery prize:
(a) the person who received the notice of the
			 lottery prize interception is not the person identified as owing and does not
			 owe public assistance;
(b) all
			 public assistance received within the previous 10 years has been repaid in
			 full;
(c) the amount of public
			 assistance received within the last 10 years and not repaid is less than the
			 amount set forth in the notice;
(d)
			 the amount of the prize was less than $600; and
(e) the amount intercepted was more than 50
			 percent of the prize.
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 5 - MISCELLANEOUS › Part 396 - Lottery Prize Intercept For Repayment Of Public Assistance › Section 396.4 - Review and determination by the office

Current through Register Vol. 46, No. 28, July 10, 2024
When the office receives a written request for review,
			   the office will review the arguments and evidence submitted by the individual.
			   The office will issue a written response to the individual which shall be the
			   final determination of the office. The office will be entitled to keep the
			   intercepted lottery prize money when the time for requesting a review has
			   expired, or, if such request for a review was timely made, when a written
			   response has been issued by the office advising the individual that retention
			   of a specified portion of the lottery prize by the office if proper. Such
			   written response shall constitute a final determination of the
			   matter.
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 5 - MISCELLANEOUS › Part 396 - Lottery Prize Intercept For Repayment Of Public Assistance › Section 396.5 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) Public assistance means family assistance
			 and safety net assistance or the former aid to dependent children or home
			 relief programs; and
(b) Office
			 means the Office of Temporary and Disability 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 5 - MISCELLANEOUS › Part 397 - Emergency Assistance For Adults › Section 397.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Emergency
			 assistance for adults (EAA) means grants of assistance to aged, blind or
			 disabled individuals and couples who have been determined eligible for or are
			 receiving Federal supplemental security income benefits or additional State
			 payments and applied for such assistance to meet emergency needs, in the
			 circumstances specified in this Part, that cannot be met by the regular monthly
			 benefits of SSI and additional State payments.
(b) Emergency needs means those needs which,
			 if not met, would endanger the health, safety or welfare of such persons, and
			 are limited for the purposes of this Part, and to the extent permitted by
			 section
			 397.5 
			 of this Part, to the following:
(1)
			 replacement or repair of clothing, furniture, food, fuel and shelter;
(2) replacement of stolen cash;
(3) replacement of lost or mismanaged
			 cash;
(4) chattel mortgages and
			 conditional sales contracts;
(5)
			 household moving expenses;
(6)
			 establishment of a home;
(7)
			 maintenance of a home;
(8) repair
			 or replacement of essential household heating, cooking, refrigeration, water
			 supply, safety, plumbing and sanitary equipment;
(9) rent security deposits;
(10) brokers' fees;
(11) storage of furniture and personal
			 belongings;
(12) payments for goods
			 and services already received;
(13)
			 replacement of lost, stolen, or unreceived SSI checks; and
(14) nutritional 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 5 - MISCELLANEOUS › Part 397 - Emergency Assistance For Adults › Section 397.2 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
Each time an applicant applies for EAA, a separate copy
			   of the State-prescribed form shall be completed, except that if he last applied
			   for such assistance within 12 months prior thereto and lives at the same
			   address, his last previous application shall be reviewed and updated and shall
			   be signed by the applicant.
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 5 - MISCELLANEOUS › Part 397 - Emergency Assistance For Adults › Section 397.3 - Determination of eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
The social services official shall determine each
			   applicant's eligibility on the basis of a completed application, a face-to-face
			   interview with the applicant or his duly designated representative, and prompt
			   verification of the circumstances of the applicant. That verification shall
			   include an investigation, properly documented, of the facts alleged in the
			   application, including:
(a) the
			 identity of the applicant;
(b) the
			 domicile of the applicant;
(c)
			 family composition;
(d) the amount
			 necessary to meet emergency needs;
(e) income from any source;
(f) savings and other resources;
(g) the type of emergency needs;
			 and
(h) the applicant's eligibility
			 for SSI or additional State 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 5 - MISCELLANEOUS › Part 397 - Emergency Assistance For Adults › Section 397.4 - Factors of eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
In order to be eligible for EAA an applicant (if a
			   couple, the eligible spouse) shall:
(a) reside in New York State;
(b) be eligible for SSI benefits or
			 additional State payments; and
(c)
			 have emergency needs that cannot be met by the regular monthly SSI benefit and
			 additional State payments, by emergency assistance for families under Part 372
			 of this Title, or by income or resources not excluded by the Federal Social
			 Security Act, and which if not met would endanger the health, welfare or safety
			 of the applicant.
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 5 - MISCELLANEOUS › Part 397 - Emergency Assistance For Adults › Section 397.5 - Granting of EAA

Current through Register Vol. 46, No. 28, July 10, 2024
Each social services district shall, when provision
			   cannot otherwise be made, grant EAA to meet emergency needs of eligible persons
			   residing in the district under the following circumstances and
			   conditions:
(a) Provision for
			 clothing, furniture, food, fuel and shelter. Replacement or repair, as the case
			 may be, of clothing, furniture, food, fuel and shelter (including repairs to
			 homes owned by aged, blind and disabled persons and temporary shelter until
			 necessary repairs are completed or replacement shelter is secured), shall be
			 provided if such clothing, furniture, food, fuel or shelter was lost or
			 rendered useless as a result of burglary, theft or vandalism, or as a result of
			 fire, flood or other similar catastrophe which could not have been foreseen by
			 the recipient, and was not under his control. All such losses due to burglary,
			 theft or vandalism shall have been reported to local law enforcement officials
			 and appropriately verified by local officials before the replacement or repair
			 thereof. Documentation in the case record shall include verification of the
			 blotter entry number, classification number, file number, or other available
			 evidence of reporting furnished to the social services official. Replacements
			 and repairs shall be made as follows:
(1)
			 clothing and furniture in accordance with Schedules SA-4a and SA-4b of Part 352
			 of this Title;
(2) food based on a
			 pro rata share of Schedule SA-1 of Part 352 of this Title;
(3) fuel in accordance with Schedule SA-6 of
			 Part 352 of this Title; and
(4)
			 shelter in an amount not to exceed the maximum of the monthly shelter allowance
			 schedule for rent.
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 5 - MISCELLANEOUS › Part 397 - Emergency Assistance For Adults › Section 397.6 - Reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
Expenditures properly made by social services districts
			   under this Part, including costs of administration, shall be reimbursed by the
			   State in an amount equal to one half of such expenditures after first deducting
			   any Federal funds properly received or to be received on account
			   thereof.
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 5 - MISCELLANEOUS › Part 397 - Emergency Assistance For Adults › Section 397.7 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
Each social services official shall record and report
			   such information as is requested by the department to insure compliance with
			   this Part.
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 5 - MISCELLANEOUS › Part 397 - Emergency Assistance For Adults › Section 397.8 - Appeal and fair hearing

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant or recipient for EAA shall be informed of
			   his right to appeal to the department and request a fair hearing when his
			   application has not been acted on promptly or the application is denied or the
			   grant is deemed inadequate. In scheduling hearings and investigations, priority
			   shall be given to applications for assistance and appeals under this
			   Part.
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 5 - MISCELLANEOUS › Part 397 - Emergency Assistance For Adults › Section 397.9 - Authorization

Current through Register Vol. 46, No. 28, July 10, 2024
A State-prescribed form shall be marked "EAA" to identify
			   it as emergency assistance to adults. Such authorization shall not exceed the
			   amount permitted by this Part and shall only be for and in the amount necessary
			   to meet the specific emergency for which the application was
			   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 5 - MISCELLANEOUS › Part 397 - Emergency Assistance For Adults › Section 397.10 - Grants of assistance for guide dogs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
(1) Grants of assistance for guide dogs
			 (GAGD) means grants of assistance to blind, deaf or disabled individuals who
			 maintain guide, hearing or service dogs and who have been determined to be
			 eligible for or are receiving Federal supplemental security income benefits
			 and/or additional State payments. The grants are for the purchase of food for
			 such guide, hearing or service dogs.
(2) Application means an action by which a
			 person indicates, in writing on a form prescribed by the department, his desire
			 to receive GAGD.
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 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-1 - SCOPE AND PURPOSE › Section 398-1.1 - Scope and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The Supplemental Security Income (SSI) program, as
				enacted under title XVI of the Social Security Act, provides benefits to aged,
				blind and disabled individuals and couples based upon uniform eligibility
				standards and a national base payment level for SSI benefits. Pursuant to title
				XVI of the Social Security Act, SSI is a federally funded program administered
				by the Social Security Administration (SSA). States have the option to provide
				additional payments to supplement the basic federal SSI payment. New York State
				(NYS) chose to establish such a program of State benefit issuances. NYS
				provides eligible individuals and couples such State benefit issuances to help
				support their current needs. Such benefit issuances are intended to support
				current and ongoing needs and are not intended to otherwise retroactively
				redress any claimed need for support with regard to past periods of SSI
				eligibility where such individual or couple is no longer eligible for such
				benefit issuance. There are two categories of such State benefit issuances: the
				State Supplement Program (SSP) benefits, and the State Supplemental Personal
				Needs Allowance (SSPNA). The Commissioner of the NYS Office of Temporary and
				Disability Assistance (hereafter referred to as the Office) is responsible for
				the administration of all State benefits. NYS provides monthly benefits to
				individuals and couples who are in active receipt of federal SSI benefits as
				defined in section
				398-2.1  of
				this Part and who meet all other eligibility criteria to receive current
				ongoing SSP benefits as of the time that the federal SSA electronic data file
				containing such individual's or couple's relevant SSI eligibility determination
				is transmitted to NYS via the State Data Exchange (SDX) with federal payment
				status codes as defined in section
				398-2.1  of
				this Part. SSP benefits may not be issued to, or assigned on behalf of,
				deceased individuals, their payees, relatives, heirs, estates or on behalf of
				any debt, including any debt owed to a congregate care facility where such
				individual may have been provided care, room and board, or any other private or
				public entities to whom the deceased SSP recipient may owe any debt or legal
				obligation. Individuals or couples who meet the eligibility criteria for active
				receipt of SSI benefits as defined in section
				398-2.1  of
				this Part, but who reside in a residential health care facility regulated
				pursuant to the provisions of article 28 of the Public Health Law may receive
				SSPNA.
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 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-3 - STATE SUPPLEMENTAL PERSONAL NEEDS ALLOWANCE (SSPNA) › Section 398-3.1 - Eligibility for SSPNA

Current through Register Vol. 46, No. 28, July 10, 2024
No separate application for SSPNA shall be required or
				accepted by NYS. Eligibility for SSPNA is contingent upon an individual or
				couple residing in NYS being found eligible for federal SSI benefits who meets
				all other State eligibility criteria for receipt of a prospective SSPNA benefit
				as of such time that the federal SSA electronic data file containing such
				individual's or couple's relevant SSI eligibility determination is transmitted
				to NYS via the SDX with federal payment status codes as defined in section
				398-2.1  of
				this Part. Eligibility for SSPNA benefits will be deemed to begin the same
				month in which ongoing SSI eligibility was established. SSPNA benefits are
				payable as of the month that SSI benefits begin.
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 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-3 - STATE SUPPLEMENTAL PERSONAL NEEDS ALLOWANCE (SSPNA) › Section 398-3.2 - Eligibility requirements for SSPNA

Current through Register Vol. 46, No. 28, July 10, 2024
To be eligible for SSPNA, an individual or couple
				must:
(a) reside in NYS;
(b) be in active receipt of SSI
			   benefits;
(c) reside in a
			   residential health care facility regulated under article 28 of the Public
			   Health Law; and
(d) have no
			   countable income, earned or unearned, other than the federal SSI benefit
			   provided to residents of medical facilities for whom the Medical Assistance
			   Program pays at least 50 percent of the cost of care.
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 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-3 - STATE SUPPLEMENTAL PERSONAL NEEDS ALLOWANCE (SSPNA) › Section 398-3.3 - Eligibility determinations for SSPNA

Current through Register Vol. 46, No. 28, July 10, 2024
An individual's or couple's initial and ongoing
				eligibility for SSPNA is established based upon the data supplied by the
				federal SSA through the SDX and information available to the Office. The Office
				is bound by the decisions and actions taken by SSA on the SSI eligibility
				determination.
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 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-3 - STATE SUPPLEMENTAL PERSONAL NEEDS ALLOWANCE (SSPNA) › Section 398-3.4 - Benefit Levels for SSPNA

Current through Register Vol. 46, No. 28, July 10, 2024
Eligible persons are entitled to an SSPNA monthly
				benefit of $5 or $25 based on the person's place of residence on the first day
				of the month. An eligible person who is a resident of a residential health care
				facility as defined by section 2801  of the Public Health Law receives a
				$25 monthly benefit. An eligible resident of an intermediate care facility
				operated or issued an operating certificate by the Office for People With
				Developmental Disabilities or a patient of a hospital operated by the Office of
				Mental Health as defined in section 1.03 (10)  of the Mental
				Hygiene Law receives a $5 monthly benefit.
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 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-4 - STATE SUPPLEMENT PROGRAM (SSP) › Section 398-4.1 - Eligibility for SSP

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
			   separate application for SSP shall be required or accepted by NYS.
			   Participation in SSP is contingent upon an individual or couple residing in NYS
			   for whom SSA has established an eligible federal SSI payment status code as
			   defined in section
			   398-2.1  of
			   this Part, who is in current pay status for federal SSI benefits, or who would
			   be in current pay status for federal SSI benefits except for countable income,
			   and who meets all other State eligibility criteria for receipt of prospective
			   SSP benefits as of such time that the federal SSA electronic data file
			   containing such individual's or couple's relevant SSI eligibility determination
			   is transmitted to NYS via the SDX with federal payment status codes as defined
			   in section
			   398-2.1  of
			   this Part and remains eligible for the duration of the mandatory 90-day waiting
			   period.
(b) The individual or each
			   member of the couple shall cooperate with SSA in establishing initial and
			   ongoing eligibility for SSI benefits.
(c) Eligibility for SSP benefits begins the
			   first full month following the month in which all SSP eligibility criteria are
			   met.