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 398-2 - DEFINITIONS › Section 398-2.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following words and terms, when used in this Part,
				shall have the following meanings, unless the context clearly indicates
				otherwise:
(a)
Active receipt of
			   SSI.
Active receipt of SSI
shall mean an individual or
			   couple for whom SSA has established an eligible federal SSI payment status code
			   as defined in 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. Such individual or couple must also meet all other State
			   eligibility criteria for current ongoing SSP benefit issuances 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
			   SDX with federal payment status codes as defined in section 398-2.1  of this
			   Part.
(b)
Adequate notice.
An adequate notice is a notice of action that is sent no later than the
			   effective date of the action and complies with section
			   358-2.2(a)(2)-(13) 
			   of this Title.
(c)
Aged
			   person.
An aged person is a person who is 65 years of age or
			   older.
(d)
Aid
			   continuing.
Aid continuing
means the right to have SSP
			   benefits or SSPNA continue unchanged until a fair hearing decision is issued.
			   Specific criteria for aid continuing are listed in 398-10.2 of this Part.
(e)
Blind person.
A
blind person
is a person determined blind in accordance with
			   federal regulations at   20 CFR part 416, subpart I, and as defined pursuant to
			   pursuant to section 208  of the Social Services Law.
			   (
Code of Federal Regulations
, title 20, part 416, subpart I,
			   sections 416.901 - 416.999d; U.S. Government Printing Office, 732 North Capitol
			   Street, NW, Washington, DC 20401-0001. An electronic location is available from
			   the U.S. Government Printing Office at
http://www.gpo.gov/fdsys/pkg/CFR-2014-title20-vol2/pdf/CFR-2014-title20-vol2-part416-subpartI.pdf
.
			   Copies may be obtained from the Office of Temporary and Disability Assistance,
			   Public Information Office, 40 North Pearl Street, Albany, NY
			   12243-0001.)
(f)
Congregate
			   care.
Congregate care is a shared living environment designed to serve
			   individuals who are unable to function with complete independence. There are
			   three levels of congregate care settings. Level 1 is "receiving family care" as
			   defined in section 209 (3)(c)  of the Social
			   Services Law. Level 2 is "receiving residential care" as defined in section 209 (3)(d)  of the Social
			   Services Law. Level 3 is "receiving enhanced residential care" as defined in
			   section 209 (3)(e)  of the Social
			   Services Law. Congregate care does not include nursing homes or medical care
			   facilities.
(g)
Countable
			   income.
Countable income
is all of a person's income,
			   in cash or in kind, earned and unearned, which is not excluded by federal law
			   or regulation in determining eligibility for SSI. The restoration of any SSP
			   benefit and/or SSPNA to an individual eligible for current ongoing SSP benefits
			   and or SSPNA on account of an underpayment shall not be considered countable
			   income for purposes of SSP or SSPNA eligibility.
(h)
Countable resources.
Countable resources
are cash, or other liquid assets, or any
			   real or personal property that an individual, or couple owns and could convert
			   to cash to be used for support and maintenance which is not excluded by federal
			   law or regulation in determining eligibility for SSI. The restoration of any
			   SSP benefit and/or SSPNA to an individual eligible for current ongoing SSP
			   benefits and or SSPNA on account of an underpayment shall not be considered a
			   countable resource for purposes of SSP and/or SSPNA in the month of receipt and
			   in the nine calendar months following the month in which the individual
			   receives the benefits.
(i)
Designated representative.
A
designated
			   representative
is a person or organization authorized to perform
			   certain specified functions associated with receiving information regarding an
			   individual or couple, or the management of the recipient's SSP benefit
			   issuances. A designated representative may only access case-specific
			   information for periods where they are clearly listed in the SSP system as the
			   recipient's designated representative.
(j)
Disabled person.
A
disabled person
is a person who is disabled in accordance with
			   federal regulations at 20 CFR part 416, subpart I, and as defined by § 208
			   of the Social Services Law. (Code of Federal Regulations, title 20, part 416,
			   subpart I, sections 416.901 - 416.999d; U.S. Government Printing Office, 732
			   North Capitol Street, NW, Washington, DC 20401-0001. An electronic location is
			   available from the U.S. Government Printing Office at
http://www.gpo.gov/fdsys/pkg/CFR-2014-title20-vol2/pdf/CFR-2014-title20-vol2-part416-subpartI.pdf
.
			   Copies may be obtained from the Office of Temporary and Disability Assistance,
			   Public Information Office, 40 North Pearl Street, Albany, NY
			   12243-0001.)
(k)
Earned
			   income.
Earned income
is wages and earnings, including
			   earnings from self-employment, in accordance with federal law and
			   regulations.
(l)
Eligible
			   couple.
An
eligible couple
consists of two persons,
			   both of whom the SSA has established with an eligible federal SSI payment
			   status code as defined in section 398-2.1  of this Part, who are in active
			   receipt of SSI as defined in this Part, live together in the same residence,
			   and are legally recognized as married under the laws of NYS, or are unmarried
			   but are administratively recognized by the SSA as married.
(m)
Eligible individual.
An
eligible individual
is a person whom SSA has established with
			   an eligible federal SSI payment status code as defined in section 398-2.1  of
			   this Part, who is in active receipt of SSI as defined in section 398-2.1  of
			   this Part.
(n)
Eligible
			   spouse.
An
eligible spouse
is a person who: meets all
			   eligibility criteria of the SSP or SSPNA program; is the spouse of an
			   SSP-eligible individual; and is living in the same household with that person.
			   The individual must be legally recognized as married under the laws of NYS or
			   be unmarried but administratively recognized by the SSA as married.
(o)
Federal Benefit Rate (FBR).
The
FBR
is the maximum amount of SSI payable to an individual
			   or couple with no countable income.
(p)
Federal payment status codes
			   potentially eligible for SSP benefits.
Those
federal payment status codes potentially
				eligible for SSP benefits,
as defined herein, shall be the exclusive
				federal payment status codes reviewed for participation in SSP provided by the
				SSA to New York State via the SDX:
(1)
			   C01 - Current pay
(2) E01 -
			   Eligibility for federal and/or state benefits based on the eligibility
			   determination, but no payment is due
(3) E02 - Eligible for benefits but not
			   payable in the first month
(4) M02
			   - Force Payment
(5) N01 - Non-pay -
			   recipient countable income exceeds Title XVI federal benefit rate