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 352 - Standards of Assistance › Section 352.30 - Persons included in the budget

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For budgetary purposes, the number of
			 persons in the public assistance household are those persons who the applicant,
			 recipient or a representative indicates wish to receive public assistance and
			 who reside together in the same dwelling unit. The applicant or recipient must
			 include his or her minor dependent children in the application. When a minor
			 dependent child is named as an applicant for public assistance, his or her
			 natural or adoptive parents and blood-related or adoptive brothers and sisters
			 (who are also minor dependent children) must also apply for public assistance
			 and have their income and resources applied toward the public assistance
			 household if they reside in the same dwelling unit as the applying minor
			 dependent child. A person required to be added to the public assistance
			 household is deemed to be included in the application already on file as of the
			 date the person joins the household, either by birth, adoption, or by moving
			 into the dwelling unit of the existing public assistance household. For the
			 purposes of this subdivision, a minor dependent child is a child who is under
			 18 years of age. Parents and siblings who are SSI recipients, stepbrothers and
			 stepsisters, ineligible sponsored aliens, aliens who fail to meet the
			 citizenship and alienage requirements in section
			 349.3(a) 
			 of this Title, individuals ineligible due to the lump sum provision of section
			 352.29(h) 
			 of this Part, or children who are receiving adoption subsidies which are exempt
			 under section
			 352.22(p) 
			 of this Part are not required to apply in accordance with this subdivision. The
			 public assistance household may also include persons who are temporarily absent
			 from such household, such as children or minors attending school away from home
			 whose full needs are not otherwise met.
(b) For purposes of determining the amount to
			 be included in the standard of need for shelter under section
			 352.3 
			 of this Part and fuel for heating under section
			 352.5  of this
			 Part for persons in permanent housing, if permitted under Federal law and
			 regulations, the public assistance household includes any child entering foster
			 care who was eligible for and in receipt of assistance and care as a member of
			 the household in and for the month of entry into foster care. Such child must
			 be included in the household pending preparation of the child services plan
			 pursuant to Part 428 of this Title and at any time thereafter that the child
			 remains in foster care and the child services plan includes a goal of discharge
			 of the child to a member of the household.
(c) Three-generation households.
(1) With respect to an applying dependent
			 child whose parent is under age 18 and living with the child, the dependent
			 child and such minor parent are considered members of the same public
			 assistance household. The local district must deem any income of the minor
			 parent's own nonapplying parent(s) to be available to such public assistance
			 household when they reside together in the same dwelling unit. Such income must
			 be deemed available to the same extent as income of a stepparent under section
			 352.14 
			 of this Part.
(2) With respect to
			 an applying dependent child whose parent is between the ages of 18 and 21 and
			 living with the child, the dependent child and such parent are considered
			 members of the same public assistance household. The local district must deem
			 any income of the nonapplying parents of the 18-to 21- year-old parent to be
			 available to such parent if they reside together in the same dwelling unit.
			 Such income must be deemed available to the minor parent to the same extent as
			 income of a stepparent under section
			 352.14 
			 of this Part. However, such income must not be deemed available to the applying
			 dependent child.