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 352.29 - Budgeting-the budgetary method

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 The budgetary method shall be applied to the individual case to determine
			 eligibility and the amount of the grant and/or the amount to be paid for a
			 "purchase of service."
(b) When the
			 estimate of regularly recurring need based on the regulations of the department
			 exceeds the available income and/or resources, the difference shall be known as
			 a "budget deficit." When the available income and/or resources exceed the
			 estimate of regularly recurring need, the difference shall be known as a
			 "budget surplus."
(c) An individual
			 or family shall be entitled to public assistance and care when a budget deficit
			 exists; provided, however, a household shall not be deemed in need and entitled
			 to any cash assistance when there is a budget deficit of less than
			 $10.
(d) Where investigation has
			 been completed and need established on a continuing basis, the regularly
			 recurring cash grant shall meet the full budget deficit, if there is one,
			 and/or provision shall be made for the purchase of service when need is based
			 on the need for such service, except that when the estimate of regularly
			 recurring need and/or the amount of the assistance grant based on the
			 regulations of the department do not equal a whole dollar amount, the amount(s)
			 shall be rounded down to the next whole dollar amount.
(e) When an item is paid by voucher or
			 restricted grant, the amount paid must be deducted from the ensuing regularly
			 recurring cash grant. When payments for heat and/or domestic energy (lights,
			 cooking, hot water) are made by voucher, amounts not to exceed the following
			 are to be removed from the grant:
(1) For
			 heat only bills, the fuel for heating allowance, as defined in section
			 352.5(b) 
			 of this Part, is to be removed from the grant for a recipient not residing in
			 or budgeted in accordance with Section 8 certificate housing provisions as
			 outlined in section
			 352.31(d)(2)(ii) 
			 of this Part. An amount equal to the appropriate fuel allowance schedule set
			 forth in section
			 352.5(b) 
			 of this Part for the appropriate heating type and public assistance household
			 size is to be removed from the grant for a recipient residing in Section 8
			 certificate housing or budgeted in accordance with the Section 8 certificate
			 housing provisions outlined in section
			 352.31(d)(2)(ii) 
			 of this Part.
(2) For domestic only
			 bills, an average monthly amount of the domestic energy cost is to be removed
			 from the grant. However, when the recipient's utility bill (heat and/or
			 domestic energy) is placed on voucher payment as a result of recipient
			 mismanagement, the provisions set forth in section
			 352.5(g) 
			 of this Part apply. In the case where the amount paid is for a period of more
			 than one month, the deduction from the ensuing regularly recurring cash grants
			 must be for the same number of months for which the bill is being
			 paid.