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 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-4 - STATE SUPPLEMENT PROGRAM (SSP) › Section 398-4.2 - Eligibility requirements for SSP benefits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To be eligible for SSP benefits, an
			   individual or couple must:
(1) be aged, blind
			   or disabled in accordance with the requirements of this Part and Title XVI of
			   the federal Social Security Act (United States Code Annotated, title 42,
			   sections 1381-1383f; Thomson West, West Headquarters, 610 Opperman Drive,
			   Eagan, MN 55123. An electronic location for the United States Code, title 42,
			   sections 1381-1383f is available from the Office of the Law Revision Counsel,
			   United States House of Representatives, H2-308 Ford House Office Building,
			   Washington, DC 20515 at:
http://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter7/subchapter16&edition=prelim
.
			   Copies may be obtained from the Office of Temporary and Disability Assistance,
			   Public Information Office, 40 North Pearl Street, Albany, NY 12243-0001.);
(2) be in active receipt of
			   federal SSI benefits as defined in section
			   398-2.1  of
			   this Part, 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;
(3) have monthly
			   countable income less than the State standard of need as set forth in section 209  of the Social Services Law;
			   and
(4) be living in NYS with the
			   intention of making their home in NYS, but is not required to maintain a
			   permanent residence or fixed address. This includes individuals placed by NYS
			   agencies into facilities in other states, and individuals who are considered
			   temporarily absent from NYS, but excluding individuals placed in a NYS facility
			   by agencies of other states.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-4 - STATE SUPPLEMENT PROGRAM (SSP) › Section 398-4.3 - Eligibility for SSP benefits

Current through Register Vol. 46, No. 28, July 10, 2024
An individual or couple is eligible to receive SSP
				benefits on the basis of the data supplied by the federal SSA through the SDX,
				information provided by the recipient pursuant to Subpart 398-5 of this Title,
				and other information available to the Office. The Office is bound by the
				decisions and actions taken by SSA on the SSI eligibility determination, but
				only as of such time the federal SSA electronic data file, including 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. Individuals or couples may only participate in SSP when their SDX
				data file includes one of the federal payment status codes potentially eligible
				for SSP benefits as defined in section 2.1 of this Part. Notices, letters or
				other written or electronic communications issued by the SSA regarding federal
				SSI eligibility which are presented to the Office by recipients, their legal
				representatives, or advocates for individuals or couples claiming SSP
				eligibility shall not be considered in determining eligibility to participate
				in SSP unless the information is received directly from SSA to SSP. It shall be
				the responsibility of the individual or couple to contact and resolve any
				claimed discrepancy with the SSA. No SSP benefits will be paid to individuals
				who are not in active receipt of federal SSI benefits as defined in section
				398-2.1  of
				this Part, with an eligible federal payment status code as defined in section
				398-2.1  of
				this Part 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.
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 398-4.4 - SSP benefit levels

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Office
			   will administer and pay SSP benefits to all eligible individuals and couples in
			   active receipt of federal SSI benefits as defined in section
			   398-2.1  of
			   this Part, with an eligible federal payment status code as defined in section
			   398-2.1  of
			   this Part 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 and who meet all SSP eligibility
			   criteria.
(b) The monthly SSP
			   benefit amount equals the State benefit rate minus the greater of the FBR or
			   countable income.
(c) The State
			   benefit rate will be established based on the individual's or the couple's
			   State living arrangement on the first day of the month.
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 398-4.5 - New York State living arrangements

Current through Register Vol. 46, No. 28, July 10, 2024
When the SSP recipient receives both SSP and SNAP
				benefits, and there is an observed discrepancy between the state living
				arrangement information reported to SSP by the recipient and that information
				contained in the recipient's SNAP case record, the information with regard to
				household composition in the SNAP case record will be used to determine the
				state living arrangement for SSP purposes.
The five categories of State living arrangements are:
(a)
Living alone.
Living alone
means living in a private household composed of
			   one SSP-eligible individual or one SSP- eligible couple.
(1) An individual or couple is considered to
			   be living alone, if the individual or couple:
(i) rents a room in an apartment or a private
			   home, but pays a flat fee and takes the majority of their meals during the
			   month outside the dwelling unit or prepares the majority of their meals during
			   the month separately;
(ii) pays a
			   fixed, pre-established flat fee for both room and board in a commercial
			   establishment which meets no other SSP living arrangement criteria (e.g., not
			   licensed as a congregate care facility and not a public emergency
			   shelter);
(iii) lives with others,
			   but takes the majority of their meals during the month outside the
			   dwelling;
(iv) lives with others,
			   but separately prepares, or has someone separately prepare, the majority of
			   their meals during the month;
(v)
			   receives a fixed, pre-established flat fee for room and board from all others
			   in the dwelling;
(vi) lives with
			   only a foster child;
(vii) lives
			   with only a homemaker authorized by a social services district
			   (district);
(viii) lives with only
			   a family care resident placed by: the New York State Office of Mental Health
			   (OMH), the New York State Office for Persons with Developmental Disabilities
			   (OPWDD), or a district;
(ix) lives
			   with only an aide paid for under the Medical Assistance program; or
(x) has no permanent living arrangement
			   (e.g., a transient person or homeless person) and is not living with an
			   ineligible spouse or a minor child for whom they have primary
			   responsibility.
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 398-4.6 - Payment of SSP benefits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To the
			   extent feasible, the Office will issue SSP benefits to persons in active
			   receipt of SSI as defined in section
			   398-2.1  of
			   this Part, with an eligible federal payment status code as defined in section
			   398-2.1  of
			   this Part 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 by the same manner in which such persons receive
			   SSI benefits.
(b) The Office will
			   issue SSP-only benefits using a method determined by the Office.
(c) The minimum monthly benefit issuance for
			   SSP is $1.
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 398-4.7 - Designated representatives

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
SSI and SSP recipients.
(1) Any
			   individual or couple receiving both SSI and SSP benefits for whom the SSA has
			   assigned a representative payee or for whom the SSP recipient has voluntarily
			   designated a representative payee shall retain the same federally appointed or
			   voluntarily designated representative payee for purposes of their SSP benefits
			   and such individual shall be deemed a designated representative with payee
			   authority for NYS purposes.
(2) Any
			   changes to SSA representative payees appointed or assigned at the federal level
			   must be processed through SSA.
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 398-5 - INITIAL AND CONTINUING ELIGIBILITY › Section 398-5.1 - Determination of Continuing Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Continuing eligibility for SSP benefits shall be
				established at specific intervals pursuant to procedures developed by the
				Office, but will be performed no more frequently than provided by the
				applicable regulations of the SSA, pursuant to title XVI of the federal Social
				Security Act, and shall include a reevaluation and reconsideration of need and
				other factors of eligibility. (
United States Code Annotated,
title 42, sections 1381-1383f; Thomson West, West Headquarters, 610 Opperman
				Drive, Eagan, MN 55123. An electronic location for the United States Code,
				Title 42, sections 1381-1383f is available from the Office of the Law Revision
				Counsel, United States House of Representatives, H2-308 Ford House Office
				Building, Washington, DC 20515 at:
http://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter7/subchapter16&edition=prelim
.
				Copies may be obtained from the Office of Temporary and Disability Assistance,
				Public Information Office, 40 North Pearl Street, Albany, NY
				12243-0001.)
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 398-5 - INITIAL AND CONTINUING ELIGIBILITY › Section 398-5.2 - Responsibility for furnishing information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) SSP recipients who receive both SSI and
			   SSP benefits must comply with requests from the Office to provide information
			   on factors which affect eligibility and the amount of SSP benefits, including
			   but not limited to factors affecting the NYS living arrangement. Such
			   information must be provided in a timely manner as defined in section 398-2 of
			   this Part.
(b) SSP recipients of
			   SSP-only benefits must comply with requests from the Office to provide
			   information on factors which affect eligibility and the amount of SSP benefits,
			   including but not limited to:
(1)
			   identity;
(2) residence;
(3) state living arrangements;
(4) income and resources;
(5) marital status;
(6) disability status, including
			   blindness;
(7) age;
(8) receipt of or eligibility for SSI
			   benefits; and
(9) lawful residence
			   in the United States.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-6 - APPLICANT/RECIPIENT REPORTING RESPONSIBILITIES › Section 398-6.1 - Changes in circumstances

Current through Register Vol. 46, No. 28, July 10, 2024
SSP recipients must provide timely notification to the
				Office of any change that may affect eligibility for and/or the amount of their
				SSP benefit or SSPNA. Notification will be considered timely if made within 10
				days of the change.
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 398-6 - APPLICANT/RECIPIENT REPORTING RESPONSIBILITIES › Section 398-6.2 - Documentation

Current through Register Vol. 46, No. 28, July 10, 2024
SSP recipients must respond to requests for
				information and/or documentation made by the Office within 10 days from the
				date of the request.
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 398-7 - FAILURE OR REFUSAL TO COMPLY › Section 398-7.1 - Denial or discontinuance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
			   individual or couple who fails or refuses to comply with a requirement of this
			   Part without good cause shall not be eligible to participate in the SSP or
			   otherwise be eligible for SSPNA, and an individual or couple otherwise eligible
			   for SSP or SSPNA may be subject to termination or denial of their SSP benefits
			   or SSPNA.
(b) The Office is
			   responsible for determining good cause pursuant to subdivision (a) of this
			   section. In determining whether, or not good cause exists, the Office must
			   consider the facts and circumstances, including information submitted by the
			   recipient subject to the requirements of this Part.
(c) The recipient is responsible for
			   notifying the Office of the reasons for failing to comply with a requirement of
			   this Part and for furnishing evidence to support any claim of good
			   cause.
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 398-8 - NOTICE REQUIREMENTS › Section 398-8.1 - Notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Office will
			   issue a notice of action advising recipients of SSP benefits or SSPNA of any
			   action that the Office intends to take or has taken on their SSP or SSPNA
			   case.
(b) A timely and adequate
			   notice of action will be provided, except that only an adequate notice will be
			   issued in the following circumstances:
(1)
			   the Office has received reliable information reporting the death of a
			   recipient;
(2) the Office has
			   received an unequivocal, written statement signed by the recipient or their
			   designated representative that requires the Office to discontinue or reduce the
			   SSP benefit or SSPNA and the recipient has indicated in the statement that he
			   or she understands that such action will be taken as a consequence of the
			   action reported;
(3) the Office has
			   received reliable information that the recipient has been committed to an
			   institution or prison which renders the recipient ineligible for SSP benefits
			   or SSPNA;
(4) the recipient's
			   current residence is unknown to the Office and mail addressed to the
			   recipient's last known address has been returned by the U.S. Postal Service
			   with an indication that there is no known forwarding address;
(5) the recipient has been placed in a
			   Medicaid institution certified under title XIX of the Social Security Act
			   (
United States Code Annotated,
title 42, sections
			   1396-1396w-5; Thomson West, West Headquarters, 610 Opperman Drive, Eagan, MN
			   55123. An electronic location for the United States Code, title 42, sections
			   1381-1383f is available from the Office of the Law Revision Counsel, United
			   States House of Representatives, H2-308 Ford House Office Building, Washington,
			   DC 20515 at
http://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter7/subchapter19&edition=prelim
.
			   Copies may be obtained from the Office of Temporary and Disability Assistance,
			   Public Information Office, 40 North Pearl Street, Albany, NY
			   12243-0001);
(6) The Office has
			   determined that an individual or couple is eligible for SSP benefits or
			   SSPNA;
(7) The Office has increased
			   the amount of the recipient's SSP benefits or SSPNA; or
(8) The Office has changed an item used to
			   calculate the amount of SSP benefits or SSPNA, the method of payment, or
			   information in the case record, but the amount of SSP benefits or SSPNA has not
			   changed.
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 398-9 - NOTICE REQUIREMENTS › Section 398-9.1 - Checks

Current through Register Vol. 46, No. 28, July 10, 2024
A reported lost or stolen check for State benefits that
				has been confirmed as uncashed and has not been sent to unclaimed funds will be
				replaced by SSP benefits or 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 398-9 - NOTICE REQUIREMENTS › Section 398-9.2 - Direct deposits

Current through Register Vol. 46, No. 28, July 10, 2024
A confirmed direct deposit of State benefit issuances
				will not be replaced with SSP benefits or 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 398-9 - NOTICE REQUIREMENTS › Section 398-9.3 - Cash

Current through Register Vol. 46, No. 28, July 10, 2024
Cash from State benefit issuances that has been lost,
				stolen or mismanaged will not be replaced by SSP benefits or 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 398-10 - ADMINISTRATIVE FAIR HEARINGS › Section 398-10.1 - Requests for fair hearings

Current through Register Vol. 46, No. 28, July 10, 2024
An individual or each member of a couple receiving SSP
				benefits or SSPNA has the right to request an administrative fair hearing to
				appeal an action of this Office pursuant to section 22  of the Social Services Law and Part 358 of
				this Title. A request for a fair hearing must be made within 60 days after the
				office's determination, action, or failure to act about which the individual or
				member of the couple is complaining.
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 398-10 - ADMINISTRATIVE FAIR HEARINGS › Section 398-10.2 - Right to aid continuing

Current through Register Vol. 46, No. 28, July 10, 2024
In certain circumstances, the SSP or SSPNA recipient
				has the right to have SSP benefits or SSPNA continued unchanged until the fair
				hearing decision is issued. The Office of Administrative Hearings (OAH) will
				determine whether the recipient is entitled to aid continuing and will advise
				the Office and the recipient of its decision.
(a) Where this Office is required to give
			   timely and adequate notice before it can take an action in the case, a
			   recipient will have the right to aid continuing for SSP benefits or SSPNA until
			   the fair hearing decision is issued if the recipient requests a fair hearing
			   before the effective date of the proposed action as contained in the notice of
			   action.
(b) Where this Office is
			   required to give adequate, but not timely notice and has discontinued, reduced,
			   restricted or suspended SSP benefits or SSPNA, the recipient has the right to
			   have SSP benefits or SSPNA reinstated and continued until a fair hearing
			   decision is issued only if the recipient requests a fair hearing within 10 days
			   of the date of the notice of action issued by the Office and if OAH determines
			   that the action upon the SSP benefit or SSPNA did not result from the
			   application of, or change in, State or federal law or policy.
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 398-10 - ADMINISTRATIVE FAIR HEARINGS › Section 398-10.3 - General hearings provisions

Current through Register Vol. 46, No. 28, July 10, 2024
All provisions of Part 358 of this Title which are not
				inconsistent with the specific provisions of this Part shall apply to hearings
				conducted 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 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-10 - ADMINISTRATIVE FAIR HEARINGS › Section 398-10.4 - Federal jurisdiction

Current through Register Vol. 46, No. 28, July 10, 2024
Determinations made by the federal SSA affecting
				eligibility for federal SSI benefits shall be exclusively subject to SSA
				jurisdiction and shall not be hearable by OAH under this Part or Part 358 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 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-10 - ADMINISTRATIVE FAIR HEARINGS › Section 398-10.5 - Telephone hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Fair hearings may be conducted by telephone, pursuant
				to section
				358-5.12  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 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-11 - OVERPAYMENTS AND UNDERPAYMENTS › Section 398-11.1 - Adjustments or recoveries

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever the Office finds that more or less than the
				correct amount of benefits has been paid to an individual or couple actively
				receiving SSP benefits or SSPNA, proper adjustment or recovery will be made.
				Proper adjustments will be made consistent with sections
				398-11.2
				and
				398-11.3 
				of this Part to those individuals in active receipt of SSP as defined in
				section
				398-2.1  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 B - Public Assistance › Article 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-11 - OVERPAYMENTS AND UNDERPAYMENTS › Section 398-11.2 - Recovery of overpayments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			   Office will recover any overpayments, including overpayments resulting from aid
			   continuing provided, pursuant to Part 358 of this Title.
(b) The Office will recover overpayments for
			   current recipients through repayment or by reducing the amount of any future
			   SSP benefit or SSPNA by no more than 10 percent of each month's State benefit
			   rate until the overpayment is repaid.
(c) In cases where there are multiple
			   overpayments made to a recipient, the order of recovery will be the longest
			   outstanding overpayment followed by the others in chronological
			   order.
(d) If the individual is no
			   longer an SSP recipient, the recovery shall be made by appropriate legal
			   authority against any income and resources of the former recipient, except that
			   the Office will discontinue recovery efforts of an overpayment from an
			   individual who is no longer a recipient of SSP benefits or SSPNA if the amount
			   of the overpayment is less than $125 and the overpayment was not a result of
			   fraud on the part of the recipient of SSP benefits or SSPNA. Recovery may be
			   reinstated if the individual is subsequently found eligible for SSP benefits or
			   SSPNA.
(e) Recovery of an SSP
			   overpayment will be suspended during the time period when a recipient is in
			   receipt of SSPNA benefits only.
(f)
			   In cases where both an underpayment and an overpayment have occurred, the
			   Office must offset one against each other and make the appropriate
			   adjustment.
(g) The Office may
			   elect to discontinue recovery of the overpayment for current recipients if it
			   is determined that the cost of recovery is greater than the cost of collection
			   and reasonable efforts to recover the overpayment have been made, provided that
			   the overpayment was not the result of fraud by the recipient. Reasonable
			   efforts must include notification of the amount of the overpayment, the reason
			   for the overpayment, and that repayment is required.
(h) All individuals who are liable for the
			   repayment of such overpayment have the right to:
(1) appeal the determination of the
			   overpayment as well as their liability for the overpayment;
(2) at any time, request that the repayment
			   of the overpayment be waived, or the rate of repayment be changed, provided
			   that the overpayment was not the result of fraud; and
(3) offer a compromise settlement to repay a
			   substantial amount of the overpayment if the Office agrees to waive recovery of
			   the remaining balance, provided that the overpayment was not the result of
			   fraud.
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 398-11 - OVERPAYMENTS AND UNDERPAYMENTS › Section 398-11.3 - Underpayments

Current through Register Vol. 46, No. 28, July 10, 2024
An underpayment is the difference between the amount
				of SSP benefits that a SSP recipient was eligible to receive while currently
				receiving SSP benefits and in active pay status for federal SSI benefits as
				defined in section
				398-2.1  of
				this Part, with an eligible federal payment status code as defined in section
				398-2.1  of
				this Part 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 and the lesser amount of SSP benefits actually
				issued to or on behalf of the SSP or SSPNA recipient. When the Office
				determines that an underpayment has occurred, appropriate corrective action
				will be taken. Underpayments may only be issued to currently active SSP
				recipients. Underpayments will be limited to the month the change was reported
				and three prior consecutive months when due to untimely reporting, by a
				recipient, as defined in section
				398-2.1  of
				this Part. SSP underpayments 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 owing to a congregate care facility where such
				individual may have been provided room and board, or any other private or
				public entities to whom the deceased SSP recipients may owe
				payment.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-12 - RECOVERY OF EQUIVALENT BENEFITS › Section 398-12.1 - Equivalent benefits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			   Benefits issued for basic needs exclusively from State and/or local funds and
			   provided to or on behalf of an applicant for SSP benefits or SSPNA during the
			   period which the SSI application is pending, or to a recipient or former
			   recipient of SSP benefits or SSPNA for any period in which the SSP benefits or
			   SSPNA is reinstated after a period of suspension or termination which has not
			   otherwise been recovered under the IAR process in Part 353 of this Title, are
			   considered equivalent benefits when such benefits are issued for the same
			   period of time for which the recipient of SSP benefits or SSPNA is also
			   eligible for SSP benefits or SSPNA.
(b) Equivalent benefits are subject to
			   recovery from retroactive SSP benefits or retroactive 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 398-12 - RECOVERY OF EQUIVALENT BENEFITS › Section 398-12.2 - Calculation of equivalent benefits

Current through Register Vol. 46, No. 28, July 10, 2024
The district must calculate the amount of equivalent
				benefits in accordance with this subpart. The district must calculate interim
				assistance in accordance with Part 353 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 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-12 - RECOVERY OF EQUIVALENT BENEFITS › Section 398-12.3 - Reimbursement to districts

Current through Register Vol. 46, No. 28, July 10, 2024
The Office will issue any reimbursement for equivalent
				benefits owed to the district with respect to the district having provided such
				individual or couple State or locally-funded assistance benefits to cover basic
				needs pending the individual's or couple's federal determination of eligibility
				for SSI benefits by first determining if the district has been fully reimbursed
				through the federal SSI IAR process for such interim assistance provided. If a
				deficit remains after the federal payment has been applied, or if there is no
				federal SSI IAR payment, the district shall be provided reimbursement from any
				retroactive SSP benefits or SSPNA, including benefits owed to a deceased
				individual eligible for SSP benefits or SSPNA prior to the date of
				death.
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 398-13 - CONFIDENTIALITY › Section 398-13.1 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
Officers, employees or designees of the SSP will
				safeguard and maintain the confidentiality of data and information obtained as
				the result of administering the SSP and shall not reveal such data or
				information for purposes other than those directly connected with the
				administration of SSP, except when the appropriating body or social services
				official has authorized their disclosure to an agency or person deemed entitled
				to it pursuant to section 136  of the Social Services Law and Part 357
				of this Title. Part 357 of this Title shall apply to SSP and to disclosures by
				OTDA employees to the same extent that Part 357 of this Title applies to
				disclosures of public assistance information by employees and officers of the
				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 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-13 - CONFIDENTIALITY › Section 398-13.2 - Transferring information between the Office and other agencies

Current through Register Vol. 46, No. 28, July 10, 2024
State departments or State or local agencies, including
				OCFS, DOH, OMH, OASAS, and OPWDD shall furnish such information as the Office
				may require for its administration of the SSP and SSPNA programs. State
				departments or State agencies may request such information of the Office as
				such department or agency may require for the proper discharge of its duties.
				Such departments and agencies shall safeguard the confidentiality of such
				information, records and reports in the manner that they are prescribed to
				under their governing 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 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-13 - CONFIDENTIALITY › Section 398-13.3 - Medical information

Current through Register Vol. 46, No. 28, July 10, 2024
All medical information solicited by or provided to the
				Office for the purpose of determining a person's disability will be treated as
				confidential, and this information must not be disclosed except as prescribed
				by the regulations of the Secretary of the United States Department of Health
				and Human 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 5 - MISCELLANEOUS › Part 398 - Supplemental Security Income (SSI) Additional State Payments › Subpart 398-13 - CONFIDENTIALITY › Section 398-13.4 - Disclosure to recipient or person acting on the recipient's behalf

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The recipient
			   or person acting on the recipient's behalf, as authorized by the recipient, can
			   access information and report changes to the case record over the phone after
			   Office staff has verified their identity.
(b) The case record shall be available for
			   examination at any reasonable time by the recipient or their authorized
			   designated representative upon reasonable notice to the Office. The only
			   exceptions to access are:
(1) those materials
			   to which access is governed by separate statutes or regulations.
(2) those materials being maintained
			   separately from public assistance files for purposes of criminal prosecution
			   and referral to the district attorney's office; and
(3) the county attorney's or welfare
			   attorney's files.
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 398-14 - FILE RETENTION › Section 398-14.1 - File retention and maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
Information and data collected in the Office's
				administration of the SSP and SSPNA programs will be maintained for the
				appropriate time period as determined by the State archives and in a manner,
				that supports the Office's operational needs and internal controls, protects
				privacy, and meets federal and State 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 399 - Food Stamp Fraud And Food Stamp Intentional Program Violations-disqualification › Section 399.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Fraud (acts
			 committed prior to August 1, 1983). For purposes of determining at an
			 administrative fraud hearing whether or not fraud was committed, fraud shall
			 consist of any action by an individual to knowingly, willingly and with
			 deceitful intent:
(1) make a false statement
			 to a social services district, either orally or in writing, to obtain benefits
			 to which the household is not entitled;
(2) conceal information to obtain benefits to
			 which the household is not entitled;
(3) alter authorization to participate cards
			 (ATPs) to obtain benefits to which the household is not entitled;
(4) use coupons to buy prohibited nonfood
			 items such as alcohol or cartons of cigarettes;
(5) use or possess improperly obtained
			 coupons or ATPs; or
(6) trade or
			 sell coupons or ATPs.
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 399 - Food Stamp Fraud And Food Stamp Intentional Program Violations-disqualification › Section 399.2 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
			 and local social services district shall have the responsibility for
			 investigating any case of alleged fraud/intentional program violation and
			 ensuring that cases are acted upon in accordance with the procedures set forth
			 in this Part.
(b) Unless
			 specifically granted written authorization to forego initial processing and to
			 proceed directly on the alleged fraud/intentional program violation by either
			 the local social services official or his/her authorized representative or the
			 district attorney of the jurisdiction on the grounds that to do otherwise would
			 prejudice the prosecution of the claim, local social services districts shall
			 initially proceed with the claim as an inadvertent household error prior to
			 either referral to the district attorney or processing of the claim for an
			 administrative disqualification hearing. A local district's failure to
			 demonstrate compliance with the provisions of this subdivision shall be
			 determinative only of the district's reimbursement and shall not affect the
			 department's determination at a hearing required by this Part or a court's
			 determination in an instance in which a claim is referred by a local social
			 services district to the local district attorney for prosecution. Noncompliance
			 with the provisions of this section shall not affect the amount of allotment
			 reduction authorized in section
			 399.9(f) 
			 of this Part following a hearing decision that fraud/intentional program
			 violation has occurred.
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 399 - Food Stamp Fraud And Food Stamp Intentional Program Violations-disqualification › Section 399.8 - Waiver of administrative disqualification hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Waiver of an administrative
			 disqualification hearing is defined in section
			 399.1(e) 
			 of this Part.
(b) The department
			 shall enclose a waiver with each notice of an administrative disqualification
			 hearing which it sends by certified mail, return receipt requested to a
			 recipient.
(c) The waiver shall
			 contain written notification to the household member which informs him/her of
			 the possibility of waiving the administrative disqualification hearing. The
			 notification shall include:
(1) the date that
			 the signed waiver must be received by the department to avoid the holding of a
			 hearing and a signature block for the accused individual, along with a
			 statement that the head of household must sign the waiver if the accused
			 individual is not the head of household, with an appropriate designated
			 signature block;
(2) a statement of
			 the accused individual's right to remain silent concerning the charge(s) and
			 that anything said or signed by the individual concerning the charge(s) can be
			 used against him/her in a court of law;
(3) the fact that a waiver of the
			 disqualification hearing will result in a disqualification and a reduction in
			 benefits for the period of disqualification, even if the accused individual
			 does not admit to the facts as presented by the local social services
			 district;
(4) an opportunity for
			 the accused individual to specify whether or not he/she admits to the facts as
			 presented by the local social services district;
(5) the telephone number and, if possible,
			 the name of the person to contact for additional information; and
(6) the fact that the remaining household
			 members, if any, will be held responsible for the repayment of the resulting
			 claim.
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 399 - Food Stamp Fraud And Food Stamp Intentional Program Violations-disqualification › Section 399.10 - Limitations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Administrative
			 food stamp fraud hearings will be scheduled by the department based upon a
			 determination by the department of sufficiency as set out in section
			 399.6(c) 
			 of this Part.
(b) Administrative
			 disqualification hearings will be scheduled by the department based upon a
			 determination by the department provided that not more than six years has
			 elapsed between the month an overissuance occurred and the date which the local
			 social services district discovered the overissuance and upon a determination
			 of sufficiency as set out in section
			 399.7(d) 
			 of this Part.
(c) The department
			 will not schedule either administrative food stamp fraud hearings or
			 administrative disqualification hearings where the total amount of the
			 overissuance is less than $35.
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 399 - Food Stamp Fraud And Food Stamp Intentional Program Violations-disqualification › Section 399.11 - Effectiveness of this Part

Current through Register Vol. 46, No. 28, July 10, 2024
Except for matters involving fraud (acts committed prior
			   to August 1, 1983) as defined in section
			   399.1(a) 
			   of this Part, the provisions of this Part are superseded by the provisions of
			   Part 359 of this Title. Any matters or procedures commenced pursuant to this
			   Part prior to the effective date of Part 359 [June 30, 1992] will be continued
			   in accordance with the provisions of Part 359 as if the matter had been
			   commenced in accordance with such provisions. Part 359 will apply to all
			   further proceedings in pending matters initiated pursuant to this Part, except
			   to the extent that a hearing officer determines that application of this
			   section in a particular pending matter would not be feasible or create an
			   injustice, in which event the procedures under this Part may be used.
			   Proceedings held pursuant to the laws and regulations in existence prior to the
			   time that Part 359 of this Title takes effect will not be impaired by this
			   regulation.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 400 - Scope of Social Services Program › Section 400.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The social
			 services district shall administer, in conformity with Federal and State law
			 and regulation, the social services program of the State of New York under the
			 supervision of the State Department of Social Services, hereinafter referred to
			 as the department.
(b) Social
			 services shall be made available by the social services district in accordance
			 with this Subchapter and the comprehensive annual social services program plan
			 to individuals and families who are eligible to receive such
			 services.
(c) Social services
			 provided to individuals and families under the social services program shall be
			 directed toward one or more of the following goals:
(1) achieving or maintaining economic
			 self-support to prevent, reduce or eliminate dependency;
(2) achieving or maintaining
			 self-sufficiency, including reduction or prevention of dependency;
(3) preventing or remedying neglect, abuse,
			 or exploitation of children and adults unable to protect their own interest; or
			 preserving, rehabilitating or reuniting families;
(4) preventing or reducing inappropriate
			 institutional care by providing for community-based care, home-based care or
			 other forms of less intensive care; or
(5) securing referral or admission for
			 institutional care when other forms of care are not appropriate, or providing
			 services to individuals in institutions.