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 A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.16 - Federal incentive payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
			 purposes of this section, support collections include all support collections
			 retained in cases receiving child support services from all sources: within a
			 social services district, from other New York State social services districts, and from other states, as well as collections made in the reporting social
			 services district and forwarded to other states.
(b) The incentive payment made to a state in
			 a federal fiscal year will be determined by the U.S. Department of Health and
			 Human Services based on statewide performance in each of the following five
			 performance measures of the child support enforcement program ( Title IV-D):
			 paternity establishment; support order establishment; current support payments;
			 arrearage payments; and costeffectiveness.
(c) States receive federal incentives based
			 upon their respective percentage of the maximum incentive base for all states
			 as applied against the total capped incentive payment pool available to all
			 states. The incentive payment for a state for a federal fiscal year will be
			 equal to the incentive payment pool for the federal fiscal year, multiplied by
			 the state's incentive payment share for the federal fiscal year.
(d) The Office will allocate an amount of the
			 federal incentive payment made to the State in a federal fiscal year to the
			 social services districts based on the following methodology:
(1) determine each social services district's
			 total collections for the federal fiscal year;
(2) determine the portion of the incentive
			 payment made to the State that is available to be allocated to the social
			 services districts; and
(3) allocate
			 to each social services district a share of the available incentive payment
			 based upon its respective percentage of the total statewide collections during
			 the federal fiscal year.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.17 - Child support services available to individuals not otherwise eligible and to individuals who become ineligible for public assistance and care or whose children are ineligible for foster care

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
			 child support services under this Part and Part 346 of this Title must be made
			 available to any individual not otherwise eligible upon receipt of either (1) a
			 signed application on a form prescribed by the Office and filed by such
			 individual with a child support enforcement unit or support collection unit, or
			 (2) an application made to a court, as set forth in section
			 346.2 
			 of this Title, and to individuals who become ineligible for public assistance
			 and care or whose children are ineligible for foster care. Services are
			 available only for the purposes of locating parents, establishing parentage
			 and/or establishing, modifying or enforcing child support. Such services cannot
			 be provided in the absence of an application, as set forth in this subdivision.
			 Application for legal services, for which costs are recovered as indicated in
			 subdivision (d) of this section, is optional. Application forms for child
			 support services must be:
(1) readily
			 accessible to the public;
(2)
			 provided to an individual on the day the individual makes a request in person,
			 or sent to an individual no later than five working days after a written or
			 telephone request. The support collection unit must ensure all such application
			 forms are accompanied by information describing available services, the
			 individual's rights and responsibilities, fees, cost recovery and distribution
			 policies as provided in section
			 346.2(d) 
			 of this Title; and
(3) accepted as
			 filed on the day received.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.18 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 child support enforcement unit must establish a CSMS case record within 20
			 calendar days of receiving a referral under section
			 347.3 
			 of this Part, and within 20 calendar days of receiving an application for child
			 support services under section
			 347.17 
			 of this Part. Based on an assessment of a case, the child support enforcement
			 unit must, within the same 20 calendar days, as appropriate:
(1) solicit necessary and relevant
			 information from the custodial parent and other relevant sources, and initiate
			 verification of such information; and
(2) request additional information or refer
			 the case for further location attempts, as specified in section
			 347.7 
			 of this Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.19 - Use and Disclosure of Confidential Information and Credit Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Use
			 and Disclosure
(1) The Office and the Child
			 Support Enforcement Unit (CSEU) shall maintain all information and data,
			 including information and data in the State automated child support management
			 system (automated system), in a confidential manner designed to protect the
			 privacy rights of the parties and shall not use or disclose information or data
			 except for the purpose of, and to the extent necessary to establish parentage,
			 to establish, modify, or enforce an order of support, or to administer the
			 child support program, unless otherwise authorized by law.
(i) The information to be safeguarded
			 includes all information or data obtained in connection with performance of
			 child support functions, including records or information received in
			 electronic form.
(ii) The
			 requirements of this section apply to the Office and CSEU, any other state or
			 local agency or official to whom the Office or CSEU delegates any of the
			 functions of the child support program, and any official, person or entity
			 performing child support functions pursuant to a cooperative agreement or
			 purchase of services agreement.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.20 - Title of proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
All proceedings brought pursuant to this Part shall be
			   brought in the name of the local social services district and the State of New
			   York, as assignee of the ADC recipient. The commissioner of such district may
			   authorize an employee to verify petitions.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.21 - Allocation of statewide goal by commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
For each State fiscal year for which a statewide child
			   support collection goal has been established, the commissioner shall, subject
			   to the approval of the director of the budget, allocate a portion of the
			   statewide goal to each social services district. Each district's support goal
			   shall be a function of that district's percentage of the statewide aid to
			   dependent children caseload based on a methodology which will be applied
			   uniformly to all districts. Upon allocation, the department shall notify each
			   social services district of its portion of the statewide
			   goal.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.22 - Failure to meet the collections goal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a district fails to meet its annual
			 collections goal, the commissioner shall deny all or part of the State
			 reimbursement for that district's expenditures for the aid to dependent
			 children program. The amount of the reimbursement denied shall be equal to the
			 difference between the amount of nonfederal funds the district is required to
			 repay to the State out of reported collections and the amount of nonfederal
			 funds the district would have been required to repay the State had it met its
			 collections goal.
(b) For the
			 purposes of determining the amount of child support collections which are
			 attributable toward meeting a district's portion of the statewide collection
			 goal, only those amounts reported pursuant to subdivision (b) of section
			 347.18  of
			 this Part shall be considered by the department.
(c) For purposes of determining the amount of
			 child support collections which are attributable toward meeting a district's
			 portion of the statewide collections goal, any amounts collected by one social
			 services district on behalf of another shall be credited to the district to
			 which support payments have been assigned. Support payments collected on behalf
			 of another state or on behalf of persons not in receipt of aid to dependent
			 children shall not be taken into consideration in determining whether such
			 district has met its goal.
(d) For
			 purposes of determining whether a district has met its portion of the statewide
			 annual goal, the department shall not consider any child support collections in
			 excess of any district's annual goal as available to meet the goals of those
			 districts which have failed to meet their annual goals. The excess collections
			 shall not be prorated to a district failing to meet its goal.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.23 - Request for redetermination

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Any social services district which has been denied State reimbursement or which
			 has received official departmental notification of an intention to deny
			 reimbursement, for failing to meet its portion of the annual collections goal
			 may request a redetermination.
(b)
			 The request shall be submitted to the department in writing within 90 days
			 after the denial of reimbursement.
(c) the request shall specify in detail:
(1) the amount of the redetermination
			 sought;
(2) the factors that caused
			 the district to fail to meet its collections goal;
(3) an explanation of how such factors caused
			 the failure to meet the collections goal;
(4) that such factors are not administrative
			 and processing functions or organizations subject to the jurisdiction of the
			 local legislative body;
(5) the
			 basis for paragraph (4) of this subdivision; and
(6) other relevant information required by
			 this subdivision.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.25 - Desk reviews of the distribution and disbursement of support collections

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Purpose of desk review.
(1) A
			 desk review is an accounting of the distribution and disbursement of support
			 collections made on behalf of a current or former recipient of public
			 assistance who is or was receiving child support enforcement services
			 (recipient).
(2) A desk review is
			 conducted upon receipt of a standard, completed first-level desk review form
			 from a recipient who believes that the distribution and disbursement of support
			 collections made pursuant to section
			 347.13 
			 of this Part was incorrect. It involves an examination of information contained
			 in child support enforcement accounts and public assistance case records, and
			 shall result in a written determination to the recipient which includes an
			 explanation of how the support collection unit and the public assistance unit
			 within the social services district distributed and disbursed support
			 collections received on behalf of the recipient for the month(s)
			 reviewed.
(3) A desk review is
			 conducted by the support collection unit and public assistance unit. A second-
			 level review is available from the office, only after completion of a
			 first-level desk review by the support collection unit and public assistance
			 unit.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.26 - Review and adjustment of child support orders (Repealed)

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 A - General Welfare › Article 5 - Miscellaneous › Part 348 - Requirements Applicable To Fraud Cases › Section 348.1 - Fraud defined

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of section 145  of the Social Services Law and the
			   regulations herein, fraud shall be deemed to exist when a person knowingly
			   obtains, or attempts to obtain, or aids or abets another person to obtain,
			   public assistance or care to which he is not entitled by means of a false
			   statement, deliberate concealment of a material fact or other dishonest
			   act.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 348 - Requirements Applicable To Fraud Cases › Section 348.3 - Investigations of fraud

Current through Register Vol. 46, No. 28, July 10, 2024
Investigations of fraud shall be promptly made, but shall
			   be conducted by lawful means only, without infringing upon the civil rights of
			   individuals. Under no circumstances, shall force, threat of force or false
			   statements be used to obtain entry into a household or to obtain evidence of
			   any nature.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 348 - Requirements Applicable To Fraud Cases › Section 348.4 - Recovery of assistance wrongfully obtained by an applicant or recipient

Current through Register Vol. 46, No. 28, July 10, 2024
In a case of suspected fraud which was or should have
			   been referred by a local social services department to a district attorney or
			   other prosecuting official pursuant to the provisions of the regulations of
			   this department, and in which case there is evidence, in the judgment of the
			   social services official of such local department, which clearly establishes
			   that the applicant or recipient of public assistance and care willfully
			   withheld from such local social services department at the time of his
			   application for public assistance and care, or any time thereafter, information
			   about his income or resources, and as a result of withholding such information
			   from the local social services department, the applicant or recipient has
			   received grants, of public assistance, or care at public expense to which he
			   was not entitled in whole or part, the social services official shall recover
			   the amount of the public assistance granted or the cost of care provided to the
			   applicant or recipient to which he was not entitled in accordance with
			   subdivision (d) of section
			   352.31 
			   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 A - General Welfare › Article 5 - Miscellaneous › Part 348 - Requirements Applicable To Fraud Cases › Section 348.5 - Records required to be maintained

Current through Register Vol. 46, No. 28, July 10, 2024
Each local social services department shall keep a record
			   of all cases referred to the designated person or unit for review, which record
			   shall include:
(a) the names, case
			 number and other identifying information;
(b) a brief description of the facts
			 constituting the grounds for suspecting fraud;
(c) the estimated amount of
			 overpayment;
(d) the duration of
			 such overpayment;
(e) whether the
			 case was referred to the appropriate district attorney or other prosecuting
			 official:
(1) if a case is not referred, the
			 reasons for such action shall be stated;
(2) if a case is referred, the record shall
			 include:
(i) date of such referral;
(ii) disposition of such referral;
			 and
(iii) the amount of any sum of
			 money recovered.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 348 - Requirements Applicable To Fraud Cases › Section 348.6 - Reports to department

Current through Register Vol. 46, No. 28, July 10, 2024
Each local social services department shall report to the
			   State Department of Social Services such information as the latter may
			   require.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 348 - Requirements Applicable To Fraud Cases › Section 348.7 - Front end detection system (FEDS)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each social services district must take
			 actions to ensure the integrity of the public assistance (PA) caseload and the
			 correctness of PA eligibility determinations and establish procedures to
			 identify and refer for investigation potential cases of fraud,
			 misrepresentation or questionable documentation prior to determining
			 applicants' eligibility for PA.
(b)
			 The procedures established by each district must not delay the determination of
			 eligibility for PA or the provision of emergency assistance beyond the
			 timeframes established in this Title.
(c) Each social services district must submit
			 a plan to the department for approval, describing the procedures required by
			 subdivision (a) of this section, in such form and at such times as the
			 department may require. The plan must include, but need not be limited to:
(1) a description of the circumstances under
			 which referral to the FEDS investigative unit will be made;
(i) the referral indicators must include the
			 following circumstances:
(a) where the
			 applicant states that the household's financial obligations are current without
			 a reasonable explanation of how the applicant met those obligations;
(b) where the applicant states that the
			 ability to meet the household's expenses in the past was the result of
			 receiving income which was not declared to the appropriate tax
			 authorities;
(c) where the
			 applicant states that the ability to meet the household's expenses in the past
			 was the result of loans or gifts received from family or friends;
(d) where the application contains
			 information about the applicant which is inconsistent with prior case
			 information maintained by the district; and
(e) where the applicant has a history of
			 previous denials of applications for assistance, case closings, or overpayments
			 or recoupments which resulted from investigations by a social services
			 district; 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 1 - Determination of Eligibility-General › Part 349 - General Provisions › Section 349.1 - Assistance to Cuban refugees

Current through Register Vol. 46, No. 28, July 10, 2024
All provisions applicable generally to the public
			   assistance programs shall be applicable to the Cuban refugee program. In
			   addition, assistance under this program shall be granted only to eligible Cuban
			   refugees as defined by Federal regulations.
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 1 - Determination of Eligibility-General › Part 349 - General Provisions › Section 349.2 - Assistance for United States citizens returned from foreign countries

Current through Register Vol. 46, No. 28, July 10, 2024
All provisions applicable generally to the public
			   assistance programs shall be applicable to the program of assistance for United
			   States citizens returned from foreign countries.
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 1 - Determination of Eligibility-General › Part 349 - General Provisions › Section 349.3 - Citizenship and alien status

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Definitions.
(1) A qualified alien is:
(i) a refugee admitted under section 207 of
			 the Immigration and Nationality Act;
(ii) an asylee granted asylum under section
			 208 of the Immigration and Nationality Act;
(iii) a person whose deportation was withheld
			 under section 241(b) or 243(h) of the Immigration and Nationality
			 Act;
(iv) a Cuban and Haitian
			 entrant (as defined in section 501[e] of the Refugee Education Assistance Act
			 of 1980), including all Cuban or Haitian parolees;
(v) an alien admitted into the United States
			 as an Amerasian immigrant as described in section 402(a)(2)(A)(i)(V) of the
			 Personal Responsibility and Work Opportunity Act of 1996 (8
			 U.S.C. 1612 [a][2][A]);
(vi) a person lawfully admitted for permanent
			 residence in the United States;
(vii) a person paroled into the United States
			 under section 212(d)(5) of the Immigration and Nationality Act for a period of
			 at least one year, except Cuban or Haitian parolees;
(viii) a person granted conditional entry
			 into the United States under section 203(a)(7) of the Immigration and
			 Nationality Act; and
(ix) a
			 battered spouse and dependents meeting the criteria of section 431(c) of the
			 Personal Responsibility and Work Opportunity Reconciliation Act of
			 1996.
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 1 - Determination of Eligibility-General › Part 349 - General Provisions › Section 349.4 - Temporary absence

Current through Register Vol. 46, No. 28, July 10, 2024
Additional statutory authority: Social Services Law,
			   §§ 20, 34; L. 1971, ch. 110, § 83
(a)
Public assistance.
(1) Definition of temporary absence. For the
			 purpose of administration public assistance programs, except the program of
			 medical assistance,
temporary absence
shall mean any absence
			 from the district administering the grant and/or public assistance household,
			 during which the applicant or recipient:
(i)
			 does not leave the United States;
(ii) does not evidence intent to establish
			 residence elsewhere; and
(iii)
			 complies with this subdivision and other provisions 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 1 - Determination of Eligibility-General › Part 349 - General Provisions › Section 349.5 - Emancipated minor

Current through Register Vol. 46, No. 28, July 10, 2024
Additional statutory authority: Social Services Law,
			   §§ 20, 34, 320; L. 1971, ch. 110, § 83
(a) A grant of public assistance or care may
			 be made to an emancipated minor in his own right if he is otherwise eligible.
			 For this purpose,
emancipated minor
means a person over 16
			 years of age who has completed his compulsory education, who is living separate
			 and apart from his family and is not in receipt of or in need of foster
			 care.
(b) This section shall not
			 prevent the department from promulgating regulations authorizing direct grants
			 of assistance to be made to minors under other circumstances in the ADC
			 program.
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 1 - Determination of Eligibility-General › Part 349 - General Provisions › Section 349.6 - Utilization of employee group health benefits as a condition of eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Additional statutory authority: Social Services Law,
			   §§ 20, 34, 131-p, 363-a, 366, 367-a
As a condition of eligibility or continued eligibility,
			   any applicant or recipient of home relief or aid to dependent children who is
			   or becomes employed and whose employer provides group health insurance
			   benefits, including benefits for a spouse and dependent children of such
			   applicant or recipient, shall apply for and utilize such benefits.
(a) Such applicant or recipient may also be
			 required to apply for and utilize benefits provided by former
			 employers.
(b) For those households
			 who have more than one employer offering group health insurance benefits the
			 agency may determine which employer offers the most comprehensive and/or
			 substantial coverage and the applicant or recipient shall be required to apply
			 for or continue and utilize the policy selected by 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 1 - Determination of Eligibility-General › Part 350 - Application › Section 350.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicant. An
			 applicant is a person who has, directly or by a representative, expressed, in
			 writing on the State-prescribed form, to a social services official a desire to
			 receive assistance and/or care or to have his eligibility considered. In ADC,
			 the relative with whom a child is living or will live is the applicant in the
			 child's behalf.
(b) Application. An
			 application is an action by which a person indicates, in writing on the
			 State-prescribed form, his desire either to receive assistance and/or care or
			 to have his eligibility considered by a social services official. Such action
			 shall be considered an application even though the applicant subsequently
			 withdraws the application or proves, upon investigation, to be
			 ineligible.
(c) Inquiry. An inquiry
			 is any request for information.
(d)
			 Public assistance. For purposes of this Title, aid to dependent children (ADC)
			 refers to family assistance (FA), home relief (HR) refers to safety net
			 assistance (SNA) and public assistance refers to family assistance, safety net
			 assistance, and veteran 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 1 - Determination of Eligibility-General › Part 350 - Application › Section 350.2 - Authorization of grant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Assistance
			 to an eligible person is granted by a social services official on the basis of
			 an authorization prepared on the State-prescribed form. Such an authorization
			 shall contain all pertinent information as to the status of the case and the
			 amount of the authorized grants of assistance and shall be effective for a
			 period of time coinciding with periods of eligibility determinations and
			 redeterminations and shall be made not less frequently than:
(1) by the end of the third calendar month of
			 the acceptance of an application for all new and reopened cases under the
			 programs of Aid to Dependent Children and Aid to Dependent Children with an
			 unemployed parent (ADC and ADC-U), as well as all Home Relief (including
			 singles);
(2) by the sixth month
			 after such certification for ADC and HR cases;
(3) every three months for ADC-U cases;
			 and
(4) as needed in excess of the
			 minimum where there is a predictable change in need or circumstances.
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 1 - Determination of Eligibility-General › Part 350 - Application › Section 350.3 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application
			 rights.
(1) Any person has the right to make
			 application for that form of public assistance or care that he or she believes
			 will meet his or her needs. The applicant or any adult member of the
			 applicant's family has the right to make application for such assistance or
			 care. If a person establishes a good cause reason, in accordance with section
			 351.26  of
			 this Title, that prevents the person from applying for public assistance, that
			 person may designate in writing a person to act on the person's behalf,
			 including a relative, friend, other agency or institution, and that designee
			 must have the right to make an application on the person's behalf and provide
			 information to the social services district to determine the person's initial
			 and continuing eligibility for public assistance. The designation of an
			 authorized representative does not relieve the person of the obligation to
			 cooperate with all aspects of initial and continuing eligibility for public
			 assistance and to provide timely and accurate information to the social
			 services district.
(2) A social
			 services district may set a limit on the number of households an authorized
			 representative may represent. Prior to implementing that limit, a social
			 services district must identify the circumstances under which the limit will be
			 imposed and submit such circumstances to this office for approval.
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 1 - Determination of Eligibility-General › Part 350 - Application › Section 350.4 - Use of the application form

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 The State-prescribed form must be completed:
(1) For each individual adult case and for
			 each family case by category.
(2)
			 When a child is transferred from foster care to safety net or family assistance
			 unless the safety net or family assistance grantee is already in receipt of
			 assistance in the program under which the child's needs are to be
			 met.
(3) When there is a permanent
			 change in grantee in a family assistance case.
(4) When the assistance or care is to be
			 given by a different district.
(5)
			 In the event of a reapplication more than 30 days following a case closing. For
			 cases closed but reopened within 30 days, the requirements of Part 351 of this
			 Article shall not be waived.
(6)
			 For a new foster care case, in the event responsibility for care and placement
			 of a child in foster care shall have been explicitly imposed on the social
			 services official by court order.
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 1 - Determination of Eligibility-General › Part 350 - Application › Section 350.5 - Notification

Current through Register Vol. 46, No. 28, July 10, 2024
Department regulations governing notification of the
			   district's decision shall be followed whenever a request for assistance or
			   care, including a request for transfer and reclassification, is accepted or
			   denied.
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 1 - Determination of Eligibility-General › Part 350 - Application › Section 350.6 - Statistical reports

Current through Register Vol. 46, No. 28, July 10, 2024
Every request for assistance or care, including requests
			   for transfers and reclassifications, shall be recorded and the disposition
			   statistically reported in accordance with the instructions of the
			   department.
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 1 - Determination of Eligibility-General › Part 350 - Application › Section 350.7 - Responsibility of a social services district at the time of application interview

Current through Register Vol. 46, No. 28, July 10, 2024
At the time of the application interview the social
			   services district shall inform the applicant of:
(a) the eligibility requirements of the
			 program under which he is applying for assistance or care;
(b) his responsibility for reporting all
			 facts material to a proper determination of eligibility;
(c) the joint responsibility of the local
			 department and the applicant for exploring all facts concerning eligibility,
			 needs and resources, and the applicant's responsibility for securing, wherever
			 possible, records or documents to support his statements;
(d) the kinds of verification
			 needed;
(e) the fact that any
			 investigation essential to the determination of eligibility will be
			 undertaken;
(f) his responsibility
			 for notifying the local department immediately of all changes in circumstances;
			 and
(g) the availability of
			 assistance and/or service under some other program, either public or private,
			 if the applicant appears eligible therefor.
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 1 - Determination of Eligibility-General › Part 351 - Investigation and Eligibility › Section 351.1 - Investigation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definition.
			 Investigation is a continuous process which is concerned with all aspects of
			 eligibility for public assistance or care from the period of initial
			 application to case closing. Investigation means the collection, verification,
			 recording and evaluation of factual information on the basis of which a
			 determination is made of eligibility and degree of need, or of ineligibility,
			 for any form of public assistance or care.
(b) Responsibility for furnishing
			 information.
(1) The social services official
			 shall:
(i) provide applicants and recipients,
			 and others who may inquire, with clear and detailed information concerning
			 programs of public assistance, eligibility requirements therefor, methods of
			 investigation and benefits available under such programs; and
(ii) inform each applicant and recipient, at
			 the time of application and subsequently, of such person's initial and
			 continuing responsibilities to furnish the information described in paragraph
			 (2) of this subdivision.
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 1 - Determination of Eligibility-General › Part 351 - Investigation and Eligibility › Section 351.2 - Aspects of investigation and eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Identity.
(1) Verification. The applicant or
			 recipient must furnish verification of his or her identity, as a condition of
			 eligibility, at the time of application or recertification for public
			 assistance or care.
(2) Prohibition
			 against automated finger imaging for public assistance.
(i) The use of an automated finger imaging
			 system is prohibited for any purpose under public assistance.
(ii) No social services district may require
			 an applicant or recipient household member to be finger imaged for purposes of
			 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 1 - Determination of Eligibility-General › Part 351 - Investigation and Eligibility › Section 351.3 - Required approval of facility

Current through Register Vol. 46, No. 28, July 10, 2024
Insofar as practicable, assistance and care for a needy
			   person shall be provided in his own home, or in an approved facility suitable
			   to the needs of the person in accordance with department regulations relating
			   thereto.
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 1 - Determination of Eligibility-General › Part 351 - Investigation and Eligibility › Section 351.4 - Front end detection system (FEDS) referrals

Current through Register Vol. 46, No. 28, July 10, 2024
The appropriate social services eligibility worker must
			   refer applicants for assistance to the social services district's FEDS
			   investigative unit in accordance with criteria set forth in the district's
			   approved FEDS plan submitted to the department in accordance with Part 348 of
			   this Title. Any referrals to the FEDS investigative unit must not delay the
			   eligibility determination process beyond the timeframes established by the
			   Social Services Law or 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 1 - Determination of Eligibility-General › Part 351 - Investigation and Eligibility › Section 351.5 - Sources of information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Primary sources. The applicant, recipient, members of his/her household and
			 public records must be relied upon as primary sources of information.
			 Information received from applicants, recipients, and members of the household
			 must be verified. The applicant or recipient is required, wherever possible, to
			 provide such verification by documentation. If the applicant or recipient has
			 previously verified necessary information which is not subject to change and
			 the social services district possesses documentation of such verification in
			 its files, the applicant or recipient is not required to resubmit verification
			 of such information; provided, however, that such documentation may be required
			 in connection with any State quality control review of social services district
			 programs. When an applicant or recipient establishes that he/she has made
			 reasonable efforts to obtain information or verification from a third party
			 (other than a third party who is required to be in the filing unit, or whose
			 income is used in determining eligibility or an individual living in the
			 household) and the third party fails or refuses to provide the information or
			 verification or seeks to impose a charge or fee for providing the information
			 to the applicant or recipient, the social services official must pay such fee
			 or must assist the applicant or recipient in obtaining the information or
			 verification from the third party or by other means as may be
			 necessary.
(b) Secondary and
			 collateral sources and collateral investigation. Secondary or collateral
			 sources of information are relatives outside the immediate family group, and
			 other persons, agencies or resources. Collateral investigation means the
			 collection of additional information through contacts with secondary sources
			 such as relatives, employers, banks, insurance companies, school personnel,
			 social agencies, and other appropriate individuals and organizations.
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 1 - Determination of Eligibility-General › Part 351 - Investigation and Eligibility › Section 351.6 - Verification

Current through Register Vol. 46, No. 28, July 10, 2024
Verification of data, which are pertinent to the
			   determination of initial and continuing eligibility or the amount of the
			   assistance grant, is an essential element of this investigation.
(a) Documents, personal observation, personal
			 and collateral interviews and contacts, reports, correspondence and conferences
			 are means of verification.
(b) When
			 information is sought from collateral sources other than public records because
			 the applicant or recipient cannot provide verification, there shall be a clear
			 interpretation to the applicant, recipient or legally responsible relatives of
			 what information is desired, why it is needed and how it will be
			 used.
(c) Verification of
			 information with respect to legally responsible relatives from collateral
			 sources shall be made only with the knowledge and consent of such relatives,
			 after first giving them the opportunity to provide verification of their
			 income, resources and expenses by other means.
(1) In the event that a legally responsible
			 relative residing outside the applicant's or recipient's household fails or
			 refuses to cooperate in providing necessary information about his financial
			 circumstances, such refusal shall not be a ground for denying or discontinuing
			 assistance. Such refusal shall be referred to the law enforcement officer in
			 accordance with department regulations.
(2) In the event that a legally responsible
			 relative residing in the applicant's or recipient's household fails or refuses
			 to cooperate in providing necessary information about his financial
			 circumstances, such refusal shall be a ground for denying or discontinuing
			 assistance to the persons for whom he is legally responsible.
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 1 - Determination of Eligibility-General › Part 351 - Investigation and Eligibility › Section 351.7 - Supervisory review and approval

Current through Register Vol. 46, No. 28, July 10, 2024
Social services districts have the option of requiring
			   supervisory approval for case actions on all public assistance cases. Social
			   services districts that choose not to review all public assistance cases must
			   have a plan in place describing their requirements for supervisory approval.
			   Such plan must be approved by the office prior to its implementation.
			   Supervisory approval must be indicated by a dated signature in the case record.
			   Supervisory approval must be based upon review of all available information
			   pertaining to eligibility and the amount of entitlement. It must include
			   approval of decisions to deny public assistance as well as decisions to change
			   grants or to refer applicants or recipients for 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 1 - Determination of Eligibility-General › Part 351 - Investigation and Eligibility › Section 351.8 - Decision on initial eligibility and payment of assistance grants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Decision on
			 initial eligibility is the conclusion or determination reached at any point in
			 the application process. Such decision, as approved on supervisory review,
			 shall constitute the decision of the social services official. The decision
			 shall be one of the following:
(1) Accepted
			 for assistance. This means that eligibility has been fully established through
			 investigation or that emergency need and presumptive eligibility has been
			 established and authorization for assistance has been made and approved by the
			 social services official.
(2) Not
			 accepted for assistance. Applications are denied and not accepted for
			 assistance when:
(i) In the course of the
			 application interview the information given by the applicant establishes,
			 without the need for further investigation, that he is ineligible.
(ii) Ineligibility is determined in the
			 course of or upon completion of the investigation, or if the applicant refuses
			 to comply with any requirement essential to the determination of
			 eligibility.
(3)
			 Terminations without decision. No decision is required when:
(i) an application is withdrawn by the
			 applicant; or
(ii) the social
			 services official documents that the applicant has died, cannot be located, or
			 has left the district prior to the completion of the investigation.