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 1 - Determination of Eligibility-General › Part 351 - Investigation and Eligibility › Section 351.9 - Concurrent benefits prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions. For purposes of this
			 section:
(1) Benefits means public assistance
			 grants or any other grants or benefits provided in accordance with the Social
			 Services Law or in accordance with other provisions of this Title. Such
			 benefits include home relief, aid to dependent children or other public
			 assistance cash grants which are provided to cover basic needs.
(2) Concurrent benefits means benefits paid
			 from a public assistance program more than once or from more than one public
			 assistance program, or any other programs or activities for which the
			 department is responsible, which are provided during the same time period to
			 meet the same needs of the same individual. Medical assistance, energy
			 assistance, food stamp assistance or other assistance provided to individuals
			 who have been determined to be eligible for a public assistance cash grant will
			 not be considered concurrent benefits. Aid to dependent children may be
			 considered concurrent benefits when provided to meet the needs of home relief
			 recipients; medical assistance based upon eligibility for home relief may be
			 considered concurrent benefits when provided to meet the needs of recipients of
			 federally funded aid to dependent children.
(3) Individual includes a public assistance
			 recipient or a recipient of benefits from any other programs or activities for
			 which the department is responsible, any legally responsible relative of such
			 recipient and any other adult payee for such recipient.
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 351.10 - Identification and referral of adolescents to case management activities

Current through Register Vol. 46, No. 28, July 10, 2024
A pregnant or parenting adolescent who is receiving
			   public assistance or is a payee of such benefits on behalf of his or her
			   child(ren) must be identified and referred to the appropriate unit or agency
			   for case management activities as described in Part 361 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 351 - Investigation and Eligibility › Continuing Eligibility › Section 351.20 - Determination of continuing eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Continuing eligibility for public
			   assistance shall be established by investigation and documentation at specified
			   intervals and the process shall be known as recertification, which shall
			   include a reevaluation and reconsideration of all variable factors of need and
			   other factors of eligibility.
(b)
			   In connection with periodic redetermination of eligibility, the social services
			   district shall:
(1) require that the
			   recipient complete the State-prescribed form and submit appropriate supporting
			   data;
(2) determine the need for
			   additional information from the recipient and/or collateral sources;
(3) interview the recipient in a face-to-face
			   interview, or may interview the recipient by telephone or other digital means
			   at the request of the recipient, in order to verify factors of eligibility,
			   including those related to:
(i) identity of
			   recipient;
(ii) domicile of
			   recipient;
(iii) family
			   composition;
(iv) rent payment or
			   cost of housing;
(v) income from
			   any source;
(vi) savings or other
			   resources;
(vii) lawful residence
			   in the United States, if the recipient is an alien;
(4) make appropriate collateral
			   investigation, as required, where the recipient is unable to secure
			   documentation of the above factors and any additional factors of eligibility as
			   required to establish continued eligibility;
(5) evaluate all the factual information
			   gathered as to its completeness, relevancy and consistency;
(6) identify the factors of eligibility
			   subject to change which call for prompt review of continuing eligibility;
			   and
(7) advise the recipient of his
			   continuing responsibility to keep the agency informed of changes in his
			   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 351 - Investigation and Eligibility › Continuing Eligibility › Section 351.21 - Required contacts and investigation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Contacts with recipients and collateral
			   sources shall include face-to-face contacts, or, at the request of the
			   recipient, by telephone or other digital means, correspondence, reports on
			   resources, eligibility mailouts and other documentation. Contacts with or
			   concerning recipients shall be made as frequently as individual need, change in
			   circumstances or the proper administration of assistance or care may
			   require.
(b) All variable factors
			   of need and eligibility shall be reconsidered, reevaluated and verified at
			   least once in every:
(1) three months, in
			   cases of Family Assistance (FA) when eligibility is based on the unemployment
			   of a parent; and
(2) six months, in
			   cases of FA when eligibility is not based on the unemployment of a parent and
			   in cases of Safety Net Assistance (SNA).
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 › Continuing Eligibility › Section 351.22 - Action to be taken upon failure to appear at face-to-face interviews or failure to participate in an interview by telephone or other digital means, or upon determination of ineligibility or of change in degree of need

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In all programs
			   of public assistance, there shall be face-to-face recertification interviews,
			   or, there may be interviews by telephone or other digital means at the request
			   of the recipients, and contacts as needed in excess of the minimum required by
			   Office regulations shall be made in cases where there is indication of change
			   in need or resources.
(b) Failure
			   to appear at the face-to-face interviews or comply with an Office approved
			   alternative recertification requirement or failure to participate in an
			   interview by telephone or other digital means. If a recipient fails to appear,
			   participate via telephone or other digital means, or comply with an Office
			   approved alternative recertification requirement, without good cause, the
			   social services official must send a 10-day notice of proposed discontinuance
			   of assistance on a form required by the Office.
(1) If the recipient does not respond within
			   this 10-day period, the case shall be closed as of the end of the 10-day
			   period. Any request for assistance made after a case is closed must be
			   considered a new application.
(2)
			   If the recipient appears for a face to-face, telephone or digital interview
			   during the 10-day notice period, an interview must be arranged. If it is
			   determined that the recipient is eligible for continued assistance, the 10-day
			   notice of proposed discontinuance must be nullified.
(3) If the recipient complies with an office
			   approved alternative recertification requirement during the 10-day notice
			   period, the recipient's eligibility information must be reviewed. If it is
			   determined that the recipient is eligible for continued assistance, the 10-day
			   notice of proposed discontinuance must be nullified.
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 › Continuing Eligibility › Section 351.23 - Notification of change in grant

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			   The recipient must be notified of any change in grant in accordance with this
			   Title.
(b) The recipient must be
			   notified of the right to a fair hearing in accordance with Part 358 of this
			   Title whenever there is a proposed reduction in, or discontinuance of, or
			   increase in, the grant.
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 › Continuing Eligibility › Section 351.24

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 351 - Investigation and Eligibility › Continuing Eligibility › Section 351.25 - Proration of benefits at time of case closing or reduction of benefits

Current through Register Vol. 46, No. 28, July 10, 2024
When a case is closed or benefits are reduced, the
				public assistance grant must be prorated so that only those benefits to which
				the recipient is entitled, if any, are provided beyond the date of
				discontinuance or reduction. Any benefits that have been provided for a period
				in which the recipient was no longer eligible for benefits or was eligible for
				lesser benefits must be recovered in accordance with section
				352.31(d) 
				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 351 - Investigation and Eligibility › Continuing Eligibility › Section 351.26 - Good cause

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant
			   for or recipient of public assistance is exempt from complying with any
			   requirement concerning eligibility for public assistance if the applicant or
			   recipient establishes that good cause exists for failing to comply with the
			   requirement. Except where otherwise specifically set forth in any provision of
			   this Title, good cause for failure to comply with an eligibility requirement
			   exists when:
(1) the applicant or recipient
			   has a physical or mental condition which prevents compliance;
(2) the applicant's or recipient's failure to
			   comply is directly attributable to social services district error; or
(3) other extenuating circumstances, beyond
			   the control of the applicant or recipient, exists which prevent the applicant
			   or recipient from being reasonably expected to comply with an eligibility
			   requirement.
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 › Continuing Eligibility › Section 351.27

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 352 - Standards of Assistance › Section 352.1 - Standard of need for determining eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
The eligibility for public assistance of all persons who
			   constitute or are members of a family household shall be determined by a social
			   services district by applying the following statewide standard of monthly need
			   which shall consist of:
(a) regular
			 recurring monthly needs, exclusive of shelter, fuel for heating, home energy
			 payments and supplemental home energy payments, in accordance with the
			 following schedule:
SCHEDULE SA-1 STATEWIDE STANDARD OF
			   NEED
Effective through June 30,
					   2009
Number of persons in
					 household
One
Two
Three
Four
Five
Six
Each additional person
$112
$179
$238
$307
$379
$438
$60
Effective July 1, 2009
					   through June 30, 2010
Number of persons in
					 household
One
Two
Three
Four
Five
Six
Each additional person
$126
$201
$268
$345
$426
$492
$67
Effective July 1, 2010
					   through June 30, 2012
Number of persons in
					 household
One
Two
Three
Four
Five
Six
Each additional person
$141
$225
$300
$386
$477
$551
$75
Effective July 1, 2012
					   through September 30, 2012
Number of persons in
					 household
One
Two
Three
Four
Five
Six
Each additional person
$150
$239
$317
$409
$505
$583
$80
Effective beginning
					   October 1, 2012
Number of persons in
					 household
One
Two
Three
Four
Five
Six
Each additional person
$158
$252
$336
$433
$534
$617
$85
(b) plus the amount of money for shelter,
			 fuel for heating, home energy payments and supplemental home energy payments,
			 required monthly for such persons in accordance with provisions of law and
			 department regulations; and
(c) for
			 any of such persons who may because of their case circumstances require any of
			 the following items in accordance with applicable provisions of law and
			 department regulations, the standard of need must include the cost of the
			 required item or items in accordance with such provisions: furniture and
			 furnishings for the establishment of a home, essential repair of heating
			 equipment, cooking stoves and refrigerators, additional cost of meals for
			 persons unable to prepare meals at home, replacement of clothing or furniture
			 which has been lost in a fire, flood or other like catastrophe, cost of
			 services and supplies already received, miscellaneous shelter costs, day care,
			 camp fees and payment of life insurance premiums.
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 352.2 - Allowances and grants for persons who constitute or are members of a family household

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 social services district shall utilize the applicable schedules of monthly
			 grants and allowances as found in subdivision (d) of this section to provide
			 for all items of need, exclusive of:
(1)
			 shelter;
(2) fuel for
			 heating;
(3) additional cost of
			 meals for persons who are unable to prepare meals at home;
(4) purchase of necessary and essential
			 furniture required for the establishment of a home;
(5) replacement of necessary furniture and
			 clothing for persons in need of public assistance who have suffered the loss of
			 such items as the result of fire, flood, or other like catastrophe;
(6) essential repair of heating equipment,
			 cooking stoves and refrigerators;
(7) allowances for occupational training;
			 and
(8) other items for which
			 specific provision is otherwise made in 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 1 - Determination of Eligibility-General › Part 352 - Standards of Assistance › Section 352.4 - Shelter costs for applicant/recipient-owned property

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purchase of interest in low cost housing
			 development.
(1) A social services official
			 may approve a grant, not to exceed $2,500 toward the purchase of an interest in
			 a cooperative unit in a low cost housing development.
(2) The social services official must require
			 assignment of applicant's/recipient's equity in such cooperative
			 housing.
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 352.6 - Miscellaneous shelter allowances and grants

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) A
			 social services official shall provide funds for household moving expenses
			 utilizing the least costly practical method of transportation, a rent security
			 deposit, and/or a brokers' or finders' fee only when, in his judgment, one of
			 the following conditions exists:
(i) the move
			 is to a less expensive rental property and the amount paid for a security
			 deposit and moving expenses is less than the amount of a two-year difference in
			 rentals; or
(ii) the move is
			 necessitated by one of the following criteria:
(a) the need to move results from a
			 disaster/catastrophe and/or a vacate order placed against the premises by a
			 health agency or code enforcement agency;
(b) the move is necessitated by a serious
			 medical or physical handicap condition. Such need must be verified by specific
			 medical diagnosis;
(c) the
			 individual or family is rendered homeless as a result of having been put out by
			 another occupant with whom they were sharing accommodations;
(d) the move is from temporary to permanent
			 housing;
(e) the move is from
			 permanent housing to temporary housing whenever necessary due to the
			 unavailability of permanent housing;
(f) the move is from one temporary
			 accommodation to another temporary accommodation whenever necessary due to the
			 unavailability of permanent housing;
(g) the move is from an approved relocation
			 site or to an approved cooperative apartment; or
(h) there is a living situation which
			 adversely affects the mental or physical health of the individual or family,
			 and the need for alternate housing is urgent, and not issuing a security
			 deposit, moving expenses and/or brokers' or finders' fees would prove
			 detrimental to the health, safety and well-being of the individual or
			 family.
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 352.7 - Allowances and grants for other items of need

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Furnishings.
(1) If provision therefor cannot otherwise be
			 made, each social services district shall provide for the purchase of necessary
			 and essential furniture, furnishings, equipment and supplies required for the
			 establishment of a home for persons in need of public assistance. For purposes
			 of this subdivision, such an allowance shall be provided only when, in the
			 judgment of the social services official, one of the following conditions
			 exists:
(i) An individual or family
			 temporarily housed in a hotel, motel, homeless shelter, residential program for
			 victims of domestic violence or other temporary accommodation to which the
			 individual or family has been referred by the social services district is being
			 permanently rehoused in unfurnished housing accommodations, and suitable
			 furnished accommodations are not available.
(ii) An unattached individual, whose needs
			 cannot otherwise be met under Part 397 of this Title, is discharged from an
			 institution, is determined to be capable of maintaining an apartment in the
			 community, and suitable furnished accommodations are not available.
(iii) An adult, whose needs cannot otherwise
			 be met under Part 397 of this Title, is discharged from an institution and
			 wishes to rejoin his family, which is in need of additional furniture to
			 provide adequate shelter for him.
(iv) A child is returned to his parents, who
			 are in need of additional furniture to provide adequate shelter for
			 him.
(v) An individual's or
			 family's living situation adversely affects the physical and mental health of
			 that individual or family, and it is essential that the individual or family be
			 rehoused in unfurnished housing accommodations in order to safeguard his or
			 their health, safety and well-being.
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 352.9 - Purchase of services

Current through Register Vol. 46, No. 28, July 10, 2024
Each of the following services shall be purchased by the
			   social services districts for the recipient in the amount necessary, whenever
			   the special circumstances noted below are found to exist. The special
			   circumstances and the considerations entering into the agency decision to
			   provide such service shall be recorded. For each service purchased for which
			   the department has not established the fee to be paid, each social services
			   district shall establish the amount to be paid. For those services for which
			   establishment of a flat fee or a range of fees is not practicable, the amount
			   actually charged for such service shall be paid. Such fee schedules shall be
			   filed with the department in accordance with section
			   300.2 
			   of this Title. Child care in a day care center, in a family home or in-home day
			   care shall be purchased for eligible families except as specified in sections
			   352.7
			   and
			   352.19 
			   of this Part. Payments for child care shall be in accord with Part 416 of this
			   Chapter. If in-home day care is provided, provisions shall be made for workers'
			   compensation and other benefits as required by or pursuant to
			   law.
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 352.10 - Payment of life insurance premiums

Current through Register Vol. 46, No. 28, July 10, 2024
Life insurance premiums shall be met under the following
			   circumstances and conditions:
(a) when
			 the recipient is aged, his life expectancy is short, or he is deemed
			 uninsurable; or
(b) by vendor
			 payment when the policy is assigned to the agency.
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 352.11 - Advance allowances

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever an advance allowance is authorized under this
			   Part, such an allowance may be provided only where the recipient has made a
			   request in writing for such an allowance, and has also requested in writing
			   that his or her monthly grant be reduced to recover such an allowance. The
			   recoupment must be 10 percent of the household's needs for family assistance
			   and safety net assistance. However, where undue hardship is claimed and
			   substantiated, the recoupment must not be less than five percent of the
			   household's needs. Such grant reduction must continue until such time as the
			   amount of the advance allowance is fully recouped.
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 352.12 - Income and benefits as related to employment

Current through Register Vol. 46, No. 28, July 10, 2024
In determining initial and continuing eligibility,
			   current employment, past employment, employability and work-related benefits
			   shall be fully explored and verified. The applicant or recipient shall be
			   required to seek and accept employment in which he is able to engage, to
			   utilize placement facilities and to make application for work-related
			   benefits.
(a) Present employment.
(1) Income from wages. The employment and
			 earnings of an employed applicant or recipient must be verified, including the
			 name and address of employer, social security number, work classification, date
			 employment started, amount of gross and net wages, items covered by deductions,
			 exemptions and number of dependents claimed for income tax purposes.
(2) Income from self-employment or small
			 business. The facts and conditions of a business owned or operated by an
			 applicant or recipient must be explored and verified insofar as possible,
			 including operating costs, gross sales, net profits, current inventory,
			 accounts receivable, accounts payable, general financial history, and present
			 and future prospects. A careful analysis and appraisal of these facts is
			 required as a basis for counseling the owner on liquidation or continuance of
			 the business. The social security number must be secured. If the business has
			 been in existence for three years, the social services district must review the
			 business to determine if the business has the potential for future growth. If
			 the social services district determines that the business has no potential for
			 future growth, and does not produce income at least equal to that which could
			 be expected from employment, the applicant or recipient must be required as a
			 condition of eligibility to liquidate the business. If, after the social
			 services district conducts the review of the business, the district determines
			 that there is potential for growth of the business, the social services
			 district may defer the requirement that the applicant or recipient liquidate
			 the business for a period of up to an additional two years.
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 352.13 - Income and benefits related to military service

Current through Register Vol. 46, No. 28, July 10, 2024
The agency shall explore eligibility for and verify
			   receipt of income and benefits related to military service.
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 352.15 - Support payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Child support disregard payment.
An amount up to the first $100 or $200 per month of any
			   current child or child and spousal support payment(s) received by a public
			   assistance household directly from the support collection unit or directly from
			   the noncustodial parent prior to the requirement that payments toward the
			   support obligation be made through a support collection unit and retained by
			   the social services district, must be disregarded as income or resources in
			   determining eligibility.
(1) Effective
			 January 1, 2010, for public assistance households containing one public
			 assistance individual under the age of 21, the amount disregarded shall be up
			 to the first $100 of current support received or the monthly support
			 obligation, whichever is less.
(2)
			 Effective January 1, 2010, for public assistance households containing two or
			 more public assistance individuals under the age of 21, the amount disregarded
			 shall be up to the first $200 of current support received or the monthly
			 support obligation, whichever is less.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 352 - Standards of Assistance › Section 352.16 - Exemption of income and resources-general policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When the terms of an award, the
			 legislative intent of a government benefit, the rules of an organization paying
			 a benefit, the nature of a trust fund, or the agreed upon intent of a friend,
			 nonlegally responsible relative, social agency or other organization limits the
			 use of cash income, the social services official shall abide by such
			 restriction, when verified. The restriction may limit the use of the income to
			 a specified purpose or to a particular member or members of the household.
			 However, whenever any contribution from a nonlegally responsible relative or
			 friend is sought to be restricted for the purpose of supplementing a
			 State-prescribed or -approved standard it shall not qualify as a permissible
			 restriction of income, unless the social services official determines that the
			 health and welfare of the recipient would be specifically and materially
			 enhanced thereby.
(b) No grant or
			 loan to an undergraduate student for educational purposes made or insured under
			 any program administered by the United States Secretary of Education shall be
			 considered as income or resources in determining need and amount of
			 assistance.
(c) No grants or loans,
			 including but not limited to undergraduate or graduate school grants, loans or
			 scholarships, which are obtained and used under conditions that preclude their
			 use for current living costs, shall be considered to be income or resources in
			 determining need and the amount of assistance.
(d) For SSI recipients applying for HR:
(1) in-kind income as determined by the
			 Social Security Administration must not be considered as available income
			 unless a separate verification of its availability is made; and
(2) that portion of the SSI grant being
			 recouped by the Social Security Administration must not be considered as
			 available income.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 352 - Standards of Assistance › Section 352.17 - Definition and computation of earned income

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Earned income means income in cash or in
			 kind earned by an individual through the receipt of wages, salary, commissions,
			 or profit from activities in which he/she is engaged as a self-employed
			 individual or as an employee. Such earned income may be derived from his/her
			 own employment such as a business enterprise or farming; or derived from wages
			 or salary received as an employee. It may include earnings over a period of
			 time for which settlement is made at one given time, as in the instance of
			 sales of farm crops, livestock or poultry. Income received by an individual on
			 a contractual basis or income received intermittently on a quarterly,
			 semiannual or yearly basis must be prorated over the period of the contract or
			 the period covered by the income with appropriate monthly exclusions.
(1) With reference to commissions, wages or
			 salary, the term earned income means gross earned income prior to deduction of
			 any taxes or other personal and nonpersonal expenses incident to
			 employment.
(2) With respect to
			 self-employment, the term earned income means the total profit from a business
			 enterprise, farming, etc., resulting from the gross income received less the
			 business expenses, i.e.,total cost of the production of the income as defined
			 in paragraph (b)(2) of this section.
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 352.19 - Expenses incident to employment

Current through Register Vol. 46, No. 28, July 10, 2024
The following expenses incident to employment shall be
			   deducted from gross monthly earnings:
(a) $150 of earned income for each individual
			 engaged in employment must be disregarded after applying the earned income
			 disregard percentage to the gross income.
(b) Expenses incident to employment shall not
			 be deducted from gross earnings in any month where the individual:
(1) terminated his or her employment or
			 reduced his or her earnings without good cause within the period of 30 days
			 preceding such month;
(2) refused
			 without good cause, within a period of 30 days preceding such month, to accept
			 employment in which he or she is able to engage, offered by the State
			 Employment Service, or any other bona fide offer of employment; or
(3) failed without good cause to make a
			 timely report of new or increased income. A report of income is considered
			 timely if a recipient reports the receipt of new or increased income no later
			 than 10 days after the receipt of the income. A report of such income made more
			 than 10 days after receipt is not timely, but a report made more than 10 days
			 prior to the end of the month is timely with respect to the next month and any
			 succeeding 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 1 - Determination of Eligibility-General › Part 352 - Standards of Assistance › Section 352.20 - Exemption of earned income

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 All of the earned income of a dependent child in receipt of Family Assistance
			 (FA) or Safety Net Assistance (SNA), who is a full-time student or part-time
			 student is exempt and must be disregarded as income or resources in determining
			 eligibility or degree of need. For the purpose of this subdivision:
(1) full-time student means attending a
			 school, college or university or a course of vocational or technical training
			 designed to fit a person for gainful employment or participation in the Job
			 Corps under the Job Training Partnership Act; and
(2) part-time student means attending a
			 school, college or university or a course of vocational or technical training
			 designed to fit a person for gainful employment or participation in the Jobs
			 Corps under the Job Training Partnership Act equal to at least one half of a
			 full- time curriculum as determined by the educational authority.
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 352.21 - Individual development accounts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Establishment. An individual development account may be established by or on behalf of an individual eligible for Family Assistance for the purpose of enabling the individual to accumulate funds for a qualified purpose as specified below.
(b) Qualified purpose. A qualified purpose is one or more of the reasons listed below:
(1) Postsecondary education expenses. Postsecondary educational expenses paid from an individual development account directly to an eligible educational institution.
(2) First home purchase. Qualified acquisition costs with respect to a qualified principal residence for a qualified first-time homebuyer, if paid from an individual development account directly to the persons to whom the amounts are due.
(3) Business capitalization. Amounts paid from an individual development account directly to a business capitalization account which is established in a federally insured financial institution and is restricted to use solely for qualified business capitalization expenses.
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 352.22 - Noncountable income and resources

Current through Register Vol. 46, No. 28, July 10, 2024
Certain miscellaneous income and resources shall be
			   exempt and disregarded in determining eligibility and the standard of need for
			   public assistance, as follows:
(a)
Relocation adjustment payments.
Any payment received under title II of the Uniform
			   Relocation Assistance and Real Property Acquisition Policies Act of 1970 shall
			   be exempt and disregarded as income and resources in determining eligibility or
			   standard of need.
(b)
Loans under title III of the Economic Opportunity Act.
The proceeds of a loan to a family made under title III
			   of the Federal Economic Opportunity Act shall be exempt and disregarded as
			   income and resources in determining eligibility or standard of need.
(c)
Loans.
For purposes of determining eligibility and standard of
			   need for federally funded public assistance, the principal amounts of bona fide
			   loans do not count as income or resources. Funds received by an applicant or
			   recipient of federally funded public assistance can be considered a bona fide
			   loan when the applicant or recipient submits to the social services district
			   one of the following types of documents:
(1) a signed written agreement between the
			 applicant or recipient and an individual who or establishment which is engaged
			 in the business of making loans which states that a loan was obtained from such
			 individual or establishment; or
(2)
			 a signed written agreement between a lender not normally engaged in the
			 business of making loans and the applicant or recipient, which expresses the
			 applicant's or recipient's intent to repay the loan within a specified time;
			 or
(3) a signed written agreement
			 between a lender not normally engaged in the business of making loans and the
			 applicant or recipient, which expresses the applicant's or recipient's express
			 intent to repay the loan either by specifying real or personal property which
			 will be used as collateral for the loan by promising to repay the loan from
			 anticipated income at the time that such income is received.
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 352.25 - Net income from assigned assets

Current through Register Vol. 46, No. 28, July 10, 2024
Net income from an asset assigned to the agency shall be
			   deemed current income and shall be applied against current need. (Net income is
			   the difference between gross income and essential charges.) It may not be
			   applied as a recovery of prior assistance rendered as long as current need
			   remains unmet. Such income includes the following:
(a) rental income from assigned real
			 property;
(b) disability or annuity
			 income or benefits under an insurance policy;
(c) interest from assigned
			 mortgage;
(d) dividends or interest
			 from assigned stocks or bonds; and
(e) any other assigned asset that may become
			 income-producing.
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 352.26 - Life insurance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
			 an insurance policy has been assigned to the agency, the agency shall pay the
			 premiums thereon unless it elects to take the paid-up value of the
			 policy.
(b) When the agency is the
			 assignee of the insurance policy, upon the death of the insured, the amount
			 released for burial expenses shall be determined by the existing burial
			 allowance. After deduction of such amount for burial expenses, any balance
			 remaining, up to the amount of the cost of assistance and care rendered to the
			 deceased, shall be taken by the agency for reimbursement, except, when the
			 deceased leaves surviving him any relatives for whom he had been legally
			 responsible and who are, or who are liable to become, public charges, the
			 agency may release such balance to such relatives of the deceased.
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 352.27 - Real property

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Ownership of real property by the applicant or recipient, or by the parent of a
			 dependent child, when such property is utilized as their home, does not in and
			 of itself make an individual ineligible for public assistance.
(b) While real property covered by a deed or
			 mortgage is occupied, in whole or in part, by a person who executed that deed
			 or mortgage to the social services official for aid to the aged, blind or
			 disabled, granted to that person before January 1, 1974, the social services
			 official shall not sell the property or assign or enforce the mortgage unless
			 it appears reasonably certain that the sale or other disposition of the
			 property will not materially adversely affect that person's welfare. After the
			 person's death, no claim for assistance granted him shall be enforced against
			 any real property while it is occupied by the surviving spouse.
(c) Except as otherwise provided, upon the
			 death of a person who executed a lien to the social services official in return
			 for aid to aged, blind or disabled granted prior to January 1, 1974, or before
			 the person's death if it appears reasonably certain that the sale or other
			 disposition of the property will not materially adversely affect that person's
			 welfare, the social services official may enforce the lien in the manner
			 provided in article 3 of the Lien Law. After the person's death the lien may
			 not be enforced against real property while it is occupied by the surviving
			 spouse.
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 352.32 - Calculating the budget

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Using the
			 State-prescribed form, a budget shall be prepared for each new or reopened
			 public assistance case at the time the application is approved for assistance.
			 This form contains budget data which constitutes an estimate of regularly
			 recurring needs and regularly recurring resources available to meet them. These
			 items are based on the circumstances in each individual case and the policies
			 and allowance schedules of the agency.
(b) The budget shall be recalculated whenever
			 there is a change in the needs and/or resources of the recipient and/or a
			 change in the allowance schedules of the agency.
(c)-(d) [Reserved]
(e) Cooperative cases. When two or more
			 persons in the same dwelling unit are eligible for separate grants of public
			 assistance, the following procedures shall be applied:
(1) When at least one individual in one
			 assistance unit is legally responsible for at least one member of the other
			 assistance unit:
(i) the basic monthly
			 allowance, home energy allowance, supplemental home energy allowance, shelter
			 and water allowances and fuel allowance shall be prorated; and
(ii) allowances for any other recurring
			 special need included in the standard of need shall not be prorated.
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 352.33 - Deeming of sponsor's income and resources

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in subdivisions (b)
			 and (c) of this section, all the income and resources of a sponsor of an alien
			 who has signed an affidavit of support pursuant to section 213a of the
			 Immigration and Nationality Act, and all the income and resources of such
			 sponsor's spouse is deemed available to such alien for purposes of determining
			 the eligibility of such alien for family assistance and federally funded safety
			 net assistance. A sponsor's income and resources will no longer be deemed
			 available to the alien when the alien:
(1)
			 achieves United States citizenship through the naturalization process;
			 or
(2) has worked 40 qualifying
			 quarters of coverage as defined under title II of the Social Security Act or
			 can be credited with such qualifying quarters as provided under Federal law
			 and, in the case of any such qualifying quarter creditable for any period
			 beginning after December 31, 1996, did not receive any Federal means-tested
			 public benefit during any such period.
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 352.34 - Welfare of public assistance recipients

Current through Register Vol. 46, No. 28, July 10, 2024
In a manner consistent with department regulations,
			   public assistance shall be granted in such manner as best preserves the health
			   and well-being of the public assistance household. Where there is concern that
			   the living situation of a public assistance household may adversely affect the
			   health and/or well-being of the household members, referral shall be made to
			   the appropriate local district official or unit for investigation and provision
			   of appropriate services and/or assistance. Public assistance grants to
			   otherwise eligible individuals shall not be delayed or terminated while such
			   investigation is pending. Special consideration shall be given to ensuring that
			   the physical, mental and moral well-being of a child or minor receiving public
			   assistance is safeguarded, in accordance with section
			   369.2(d) 
			   of this Title.