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 2 - Determination of Eligibility-Categorical › Part 368 - Aid To The Aged, Blind Or Disabled › Section 368.4 - Financial factors

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Financial need. The need for public assistance of all persons who are aged,
			 blind or disabled shall be determined in accordance with department
			 regulations.
(b) Exploration of
			 income and resources. All income and resources shall be indicated on the
			 application form and evaluated as to their immediate and/or potential
			 availability to remove or reduce need for assistance and utilized for such
			 purpose in accordance with applicable regulations of the department. When a
			 clear, consistent statement of financial need and resources cannot be obtained,
			 a full field investigation by the validation staff shall be made.
(1) Residents of private institution. When an
			 applicant is a resident of a private non- profit institution, such as a home
			 for the aged or blind, or a home for adults, determination shall be made as to:
			 the basis upon which he was admitted, particularly whether the home is
			 obligated to provide care and maintenance by the terms of a contract, by the
			 provisions of the charter of the home, or by conditions and restrictions on
			 gifts and bequests made to the home: resources possessed at admission or
			 acquired during residence and their disposition; and provision of special
			 medical care and burial.
(i) A resident is
			 not eligible for assistance if and so long as the home is obligated to provide
			 for all his needs and the home is able to fulfill its obligation. If it is
			 determined that the home is unable to fulfill its obligation to the resident,
			 this obligation may, with the approval of the department, be considered to be
			 suspended while the home's inability continues. In such instances, as well as
			 in instances where the home's obligation has terminated, as when a contract has
			 been fully performed by the home or has been terminated by agreement of the
			 parties, determination of eligibility shall be made as for any other applicant.
			 This shall include determination as to whether or not resources assigned,
			 donated or contributed to the home have been exhausted for the maintenance of
			 the applicant prior to his application for public assistance.
(ii) For the applicant resident in a home on
			 the basis of a non-life care contract, resources deposited with the institution
			 shall be investigated to determine to what extent they have been used to meet
			 the cost of his care and to provide burial reserve. Until the resources
			 exclusive of burial reserve have been exhausted on this basis, there is no
			 eligibility for public assistance while the applicant is a resident of the
			 home, except when his contract with the home is considered suspended. If the
			 applicant had such an arrangement but has left the institution, there shall be
			 a determination as to any unused resources and their availability to
			 him.