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 4 - Services to Individuals › Part 385 - Public Assistance And Food Stamp Employment Program Requirements › Section 385.2 - Participation and exemptions for applicants and for recipients of public assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 General participation requirements. All applicants for and recipients of public
			 assistance must participate in public assistance work activities assigned by
			 the social services official in accordance with the requirements of this Part.
			 Such applicants and recipients who fail to comply without good cause with the
			 requirements of this Part shall be subject to the provisions of section
			 385.12 
			 of this Part.
(b) Exemptions from
			 the requirement to participate in work activities. An applicant for or
			 recipient of public assistance is exempt from participation in public
			 assistance work activities pursuant to the requirements of this Part if he/she
			 is determined by the social services official to be:
(1) ill or injured to the extent that he/she
			 is unable to engage in work activities for up to three months, as verified by
			 medical evidence;
(2) 60 years of
			 age or older;
(3) under the age of
			 16 or under the age of 19 and attending full-time a secondary, vocational or
			 technical school;
(4) disabled or
			 incapacitated in accordance with the provisions of subdivision (d) of this
			 section;
(5) needed in the home
			 because another member of the household requires his/her presence due to a
			 verified mental or physical impairment, and the social services official has
			 determined that no other member of the household is appropriate to provide such
			 care. For the purposes of this paragraph, the term verified shall mean that a
			 licensed physician or certified psychologist has made the determination that
			 such an impairment exists and that the household member is in need of
			 care;
(6) pregnant, beginning 30
			 days prior to the medically verified date of the delivery of the
			 child;
(7) the parent or other
			 caretaker relative in a one parent household of a child under 12 months of age
			 who is personally providing care for such a child. This exemption must last for
			 no longer than 12 months for any parent or caretaker relative's life;
(i) the exemption shall last no longer than
			 three months for any one child unless the social services official makes a
			 determination to extend the exemption for the child for up to the total
			 12-month maximum for the life of such parent or caretaker relative;
(ii) to the extent that the total of 12
			 months of exemption have not been exhausted by such parent or caretaker, the
			 social services official shall apply the exemption to the parent or caretaker
			 in the case of a child under three months of age, but shall determine whether
			 to apply such exemption in the case of a child more than three months of
			 age.
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 4 - Services to Individuals › Part 385 - Public Assistance And Food Stamp Employment Program Requirements › Section 385.4 - Supportive services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Public
			 assistance.
(1) To the extent Federal and
			 State resources are available and consistent with a local plan submitted
			 pursuant to this Part, the social services official must provide to applicants
			 and recipients transportation, work-related expenses, child care for children
			 up to age 13, case management and medical assistance in a manner which is
			 consistent with the social services district's local plan prepared in
			 accordance with the requirements of section
			 385.10 
			 of this Part.
(i) To the extent local
			 resources permit, case management shall be provided for pregnant adolescents,
			 adolescent parents and at risk youth under 18 years of age, persons with
			 limited English proficiency and individuals whose employability plans indicate
			 the need for two or more concurrent work activities.
(ii) Child care shall be guaranteed to
			 individuals who need such care to participate in activities assigned in
			 accordance with the provisions of this Part and Part 415 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 4 - Services to Individuals › Part 385 - Public Assistance And Food Stamp Employment Program Requirements › Section 385.5 - Orientation requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 social services official shall, at the time of application or redetermination
			 for public assistance and food stamps, inform applicants and recipients of
			 activities and supportive services provided under this Part for which they are
			 eligible, including:
(1) education, employment
			 and training opportunities, including those which are available at no cost to
			 the individual, which are available under the local plan prepared in accordance
			 with the provisions of section
			 385.10 
			 of this Part;
(2) responsibilities
			 associated with the repayment of student financial aid;
(3) supportive services available through the
			 social services district, and the obligation of the social services district to
			 provide such services pursuant to section
			 385.4  of this
			 Part;
(4) work activities available
			 through the social services district and the social services districts'
			 obligation, if any, regarding those activities;
(5) child care available in accordance with
			 the provisions of Part 415 of this Title, for individuals whose public
			 assistance has terminated;
(6) in
			 accordance with the provisions of Part 415 of this Title and of this Part:
(i) the types and settings of child care
			 services which may be reasonably accessible to individuals assigned to work
			 activities and how such services shall be provided and financed;
(ii) the assistance available upon request to
			 help individuals assigned to work activities select appropriate child care
			 services; and
(iii) the assistance
			 available upon request to help individuals assigned to work activities obtain
			 child care 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 4 - Services to Individuals › Part 385 - Public Assistance And Food Stamp Employment Program Requirements › Section 385.6 - Assessments and employability plans for households with dependent children

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Assessments.
(1) The social services official shall ensure
			 that an employability assessment is provided for each public assistance
			 recipient who is a member of a household with dependent children and is:
(i) 18 years or older; or
(ii) 16 or 17 years of age and not attending
			 secondary school and has not completed high school or an equivalency
			 program.
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 4 - Services to Individuals › Part 385 - Public Assistance And Food Stamp Employment Program Requirements › Section 385.8 - Participation rate requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Participation rates for all families with
			 dependent children receiving Federal temporary assistance for needy families.
(1) The minimum number of families in each
			 month for which at least one adult or minor child head of household must be
			 engaged in work as defined in paragraph (2) of this subdivision must be as
			 follows:
(i) for Federal fiscal year 1997: 25
			 percent of the number of cases;
(ii) for Federal fiscal year 1998: 30 percent
			 of the number of cases;
(iii) for
			 Federal fiscal year 1999: 35 percent of the number of cases;
(iv) for Federal fiscal year 2000: 40 percent
			 of the number of cases;
(v) for
			 Federal fiscal year 2001: 45 percent of the number of cases; and
(vi) for Federal fiscal year 2002 and
			 thereafter: 50 percent of the cases.
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 4 - Services to Individuals › Part 385 - Public Assistance And Food Stamp Employment Program Requirements › Section 385.12 - Process of eligibility determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Noncompliance of public assistance
			 applicants and recipients with the requirements of this Part.
(1) Potentially employable applicants and
			 recipients.
(i) An applicant who has been
			 determined to be exempt from participation in work activities in accordance
			 with the requirements of this Part due to being incapacitated due to a physical
			 and/or mental health condition pursuant to this section, who, in the judgment
			 of the social services official has the potential to improve his/her ability to
			 work through suitable medical care, rehabilitation and/or treatment, will be
			 denied assistance if he/she willfully and without good cause fails to comply
			 with requirements for potentially employable applicants pursuant to section
			 385.2 
			 of this Part. Ineligibility for public assistance continues until the applicant
			 agrees to comply with the requirements and demonstrates such compliance where
			 appropriate.
(ii) A recipient who
			 has been determined to be exempt from participation in work activities in
			 accordance with the requirements of this Part due to being incapacitated due to
			 a physical and/or mental health condition pursuant to this section, who, in the
			 judgment of the social services official has the potential to improve his/her
			 ability to work through suitable medical care, rehabilitation and/or treatment,
			 and willfully and without good cause refuses or fails to comply with the
			 requirements for the potentially employable recipient pursuant to section
			 385.2 
			 of this Part, is ineligible to receive public assistance until such time as
			 he/she is willing to comply with such 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 4 - Services to Individuals › Part 386 - Staff Development › Section 386.1 - Staff

Current through Register Vol. 46, No. 28, July 10, 2024
Each agency shall:
(a) provide a staff development program for
			 all levels of social services staff or make arrangements with other agencies,
			 with this department, or with educational facilities for the provision of such
			 training. Such training activity should be initiated simultaneously with the
			 classification of cases to assist staff with the proper identification of
			 problems and to prepare case workers to provide the necessary
			 services;
(b) provide for the
			 selection of workers, case supervisors and consultants best qualified by
			 education and experience for work in relation to the defined problems of
			 families and adults and shall secure, as available, professionally qualified
			 supervisors, consultants and workers to provide preventive and rehabilitative
			 services in relation to serious problems of families and adults.
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 4 - Services to Individuals › Part 386 - Staff Development › Section 386.2 - Staff development positions

Current through Register Vol. 46, No. 28, July 10, 2024
Each social services district employing 250 or more
			   persons should employ a staff development director and such additional
			   qualified staff development persons as shall be necessary to implement the
			   district's staff development program.
(b) Each social services district employing
			 90 or more but less than 250 persons should employ a staff development
			 supervisor and such additional qualified staff development persons as shall be
			 necessary to implement the district's staff development program.
(c) Each social services district employing
			 fewer than 90 persons should employ a staff development coordinator.
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 4 - Services to Individuals › Part 386 - Staff Development › Section 386.3 - Training plan requirement

Current through Register Vol. 46, No. 28, July 10, 2024
Each social services district shall be required annually
			   to submit a staff development plan to the department for approval. This plan
			   shall be in accordance with the guidelines established by the Federal and State
			   governments.
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 4 - Services to Individuals › Part 386 - Staff Development › Section 386.4 - State reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
Each social services district shall be entitled to
			   100-percent State reimbursement for salaries paid to a fully qualified staff
			   development director, supervisor or coordinator who directs the training
			   program of the agency on a full-time basis.
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 4 - Services to Individuals › Part 386 - Staff Development › Section 386.5 - Training expenditures in excess of $5,000

Current through Register Vol. 46, No. 28, July 10, 2024
Before a social services district may enter into a
			   contract for training or incur a noncontractual training expenditure in excess
			   of $5,000, the social services district shall submit the proposed contract, or
			   in the absence of a contract, a written request to the department for review
			   and approval. The department shall approve or disapprove the proposed training
			   expenditure within 30 days of receipt of such contract or request, and shall
			   notify the district in writing of the department's decision. If the training
			   expenditure is disapproved, the written notice shall inform the district of the
			   reasons for disapproval. The written approval of the department shall be a
			   condition precident to receiving State reimbursement for the training
			   expenditures.
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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.0 - Applicability; responsibilities of the department and local social services department

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
			 accordance with sections 29 and
			 95  of the Social Services Law, the Office of
			 Temporary and Disability Assistance (OTDA) within the department of Family
			 Assistance is the agent of the United States Department of Agriculture for the
			 purposes of participation in the Federal Supplemental Nutrition Assistance
			 Program (SNAP), formerly the Food Stamp Program. Since Federal regulations
			 govern the rights, entitlements, duties and obligations of recipients, this
			 Part constitutes OTDA's instructions to the social services districts in the
			 implementation of Federal regulations.
(b) Any reference in any Department of Family
			 Assistance or social services district form, notice, contract, policy,
			 directive, document or electronic media to:
(1) the Food Stamp Program shall be deemed to
			 refer to the Supplemental Nutrition Assistance Program (SNAP); and
(2) food stamp benefits, food stamp coupons,
			 or food stamps shall be deemed to refer to SNAP benefits.
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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.3 - Indemnification

Current through Register Vol. 46, No. 28, July 10, 2024
Except for loss resulting from honoring counterfeit
			   coupons, the local department shall be responsible to the department either
			   directly or through its agent, to the same extent the department is responsible
			   to FNS for loss or shortage of coupons. Any payment to the department under
			   this section shall not be reimbursable as an expenditure for the purpose of
			   certifying eligibility, nor for distribution of or redemption of such stamps or
			   coupons.
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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.4 - Security control, processing of payment access cards and the State-approved social services district notice of change form

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any unauthorized issuance, use or
			 alteration of a payment access card or the State-approved social services
			 district notice of change form is a federal crime. Social services districts
			 must take all precautions necessary to avoid unauthorized use of payment access
			 cards or notice of change forms and must safeguard these documents from theft,
			 embezzlement, loss, damage or destruction. For purposes of this section, the
			 term payment access card also includes the common benefit identification card
			 (CBIC) used to obtain SNAP benefits in all social services districts and the
			 corresponding personal identification number (PIN) selection form used to
			 register the access code with such identification card.
(b) All blank payment access cards and notice
			 of change forms must be kept in secure storage under lock and key.
(c) Access to blank payment access cards and
			 notice of change forms must be limited to assigned personnel.
(d) An inventory control record must be
			 maintained by all offices and individuals responsible for distributing blank
			 payment access cards to other social services district personnel. At a minimum,
			 such an inventory control record must provide for all of the following:
(1) the assignment of a specific individual
			 or a limited number of individuals to maintain the inventory control record.
			 Whenever possible, offices responsible for a bulk supply of payment access
			 cards must limit this responsibility to a single person;
(2) a record by serial number and date of all
			 payment access cards withdrawn from or placed in inventory; and
(3) the signature of the person receiving the
			 blank payment access cards as a record of receipt.
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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.6 - Application form

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All local
			 departments shall use the State-prescribed application form(s) in processing
			 eligibility for food stamps. For application filing purposes, the form(s) must
			 be completed with the name and address of the applicant and signed by either
			 the applicant or authorized representative. Food stamp eligibility will not be
			 determined until the application form is completed and signed.
(b) Application forms must be readily
			 available to all interested persons, including potentially eligible households
			 and those groups and organizations involved in outreach efforts. The forms
			 shall be given out or mailed the same day an individual requests information
			 about the food stamp program.
(c)
			 Copies of instructions for completion of the application form(s) must accompany
			 each distributed form. Worker or volunteer assistance must be available to
			 those applicants who need help in completing and filing the form(s).
(d) A household may voluntarily withdraw its
			 application for food stamps at any time prior to the determination of
			 eligibility. Such withdrawal shall not affect the right to reapply at any
			 time.
(e) A new application form is
			 not required in cases previously denied for failure to meet program
			 requirements, providing the household takes the necessary action to complete
			 the application process within 60 days following the date the application was
			 filed.
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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.7 - Interviews

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
			 provided in this Part, all applicant households, including those submitting
			 applications by mail, shall have face-to-face interviews scheduled on a
			 specific day and at a specific time if the household is not interviewed on the
			 same day it applies. Households in which all adults are elderly or disabled
			 must have face-to-face interviews conducted at initial certification and at
			 least once every 24 months unless waived for hardship circumstances as
			 described in subdivision (b) of this section. Except for households in which
			 all adults are elderly or disabled, face-to-face interviews must be conducted
			 at initial certification and at least once every 12 months thereafter unless
			 waived for hardship circumstances as described in subdivision (b) of this
			 section. Earned income cases are handled in accordance with the provisions of
			 section
			 387.17(d) 
			 of this Part. Social services districts must contact households having
			 certification periods greater than 12 months no later than the last working day
			 of the 12th month. The contact may be through interview, telephone, scheduled
			 home visit or questionnaire sent by mail.
(b) Upon request of the applicant household,
			 the office interview shall be waived providing:
(1) the household is unable to appoint an
			 authorized representative, and has no members able to come to the social
			 services district because all members are elderly or disabled as defined in
			 section
			 387.1(n) 
			 of this Part; or
(2) the household
			 is unable to appoint an authorized representative, and no household member is
			 able to get to the social services district because of transportation
			 difficulties or hardship conditions such as, but not limited to, residing in a
			 rural or remote area, illness, need to care for a household member, prolonged
			 severe weather, or work hours which preclude in-office interviews; or
(3) the household consists of only an SSI
			 recipient classified as living alone.
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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.8 - Application process

Current through Register Vol. 46, No. 28, July 10, 2024
The application process includes completing and filing an
			   application form, being interviewed, and having certain information verified
			   and processed in a manner appropriate to the household's needs.
(a) Expedited service.
(1) The following households meet the
			 criteria for expedited processing of their SNAP application:
(i) Households with less than $150 in monthly
			 gross income as computed by SNAP requirements, provided their liquid resources
			 (i.e., cash on hand, checking or savings accounts, savings certificates, and
			 lump sum payments) do not exceed $100;
(ii) Migrant or seasonal farm worker
			 households which are destitute households as defined in section
			 387.1  of
			 this Part, provided their liquid resources (i.e., cash on hand, checking or
			 savings accounts, savings certificates, and lump sum payments) do not exceed
			 $100; and
(iii) Households whose
			 combined monthly gross income and liquid resources are less than the
			 households' monthly rent or mortgage and utilities (including a standard
			 utility allowance, as appropriate, in accordance with section
			 387.12  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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.10 - Income standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Households which contain an elderly or disabled member as defined in section
			 387.1  of
			 this Part, are required to meet only the net income eligibility standards for
			 the food stamp program as set forth in paragraph (2) of this subdivision.
			 Households which do not contain an elderly or disabled member must meet both
			 the net income eligibility standards and the gross income eligibility standards
			 for the food stamp program. However, households which are categorically
			 eligible for food stamps, as provided in section
			 387.14(a)(4) 
			 of this Part, do not have to meet the net income eligibility standards or the
			 gross income eligibility for the food stamp program.
(1) The gross income eligibility standard for
			 the food stamp program shall be 130 percent of the Federal income poverty level
			 for the 48 contiguous states and the District of Columbia.
(2) The net income eligibility standard for
			 the food stamp program shall be the Federal income poverty level for the 48
			 contiguous states and the District of Columbia.
(3) The net and gross income eligibility
			 standards, as described above, are revised each October 1st by the United
			 States Department of Agriculture as defined by the Food Stamp Act of 1977, as
			 amended, to reflect the annual adjustment to the Federal income poverty
			 guidelines for the contiguous 48 states, the District of Columbia, Alaska, and
			 Hawaii. (Food Stamp Act of 1977, Compilation of Food Stamp Act of 1977 and
			 other selected Federal nutrition statutes prepared by the Committee on
			 Agriculture, U.S. House of Representatives, U.S. Government Printing Office,
			 Washington, DC, 1984, pages 11-22.) The monthly net and gross eligibility
			 standards will be prescribed in general notices published in the Federal
			 Register.
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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.12 - Income deductions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Standard deductions. The per-household per-month amount prescribed in the
			 general notices published annually in the Federal Register.
(b) Earned income deduction. A deduction of
			 20 percent of gross earned income as defined in this Part. Such a calculation
			 will omit the earnings excluded prior to computing this deduction. This
			 deduction is not allowed with respect to determining an over issuance due to
			 the failure of a household to report earned income in a timely
			 manner.
(c) Excess medical
			 deductions. Deductions consisting of that portion of medical expenses,
			 excluding special diets, which are in excess of $35 per month and incurred by a
			 household member who meets the definition of elderly (age 60 and older) or
			 disabled as defined in this Part. Expenses of spouses or other persons
			 receiving benefits as a dependent of the SSI, disabled or blind recipient
			 (unless otherwise eligible) shall not be allowable deductions. Persons
			 receiving emergency SSI benefits based on a presumption of eligibility shall be
			 allowed this deduction. Allowable medical expenses are:
(1) medical and dental care, including
			 psychotherapy and rehabilitation services performed by a qualified health
			 professional; hospitalization or outpatient care, nursing care (including
			 nursing care in the community), nursing home care, prescription drugs,
			 over-the-counter medication (including insulin) when approved by a qualified
			 health professional; costs of medical supplies, sickroom equipment or other
			 prescribed equipment; health and hospitalization insurance policies, Medicare
			 premiums, cost-sharing or spend-down expenses for medical assistance; dentures,
			 hearing aids, prosthetics, prescribed eyeglasses, reasonable costs of
			 transportation and lodging to obtain medical services, costs of securing and
			 the cost of maintaining a seeing eye or hearing dog (including food and
			 veterinarian bills), and maintaining an attendant, homemaker, home health aide,
			 child care services, or housekeeper necessary for the care of the aged, infirm
			 or ill. In addition an amount equal to the one-person coupon allotment shall be
			 deducted as an expense if the household furnishes the majority of the
			 attendant's meals;
(2) payments on
			 a loan (excluding interest) used to pay a one-time-only medical expense;
			 and
(3) attendant care costs that
			 qualify under both the medical and dependent care deduction.
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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.14 - Determination of Supplemental Nutrition Assistance Program (SNAP) eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A household's
			 eligibility is determined by considering the household's circumstances for the
			 entire month during which the application is made. For a resident of a public
			 institution who applies jointly for Supplemental Security Income (SSI) and food
			 stamps as part of the Federal Social Security Administration's (SSA's)
			 Pre-release Program for the Institutionalized, eligibility is determined by
			 considering the applicant's circumstances for the entire month in which the
			 applicant was released from the institution.
(1) A household's benefit level for the
			 initial month of certification is based on the day of the month the household
			 applies for benefits. A household must receive benefits which are prorated from
			 the day of application to the end of the initial month. A household which
			 applies for benefits at any time after the end of its certification period will
			 also have their first full month's benefits prorated from the date of
			 application for recertification to the end of the initial month. For a resident
			 of a public institution who applies jointly for SSI and food stamps as part of
			 the SSA's Pre-release Program for the Institutionalized, the benefit level for
			 the initial month of certification is based on the date of the month the
			 applicant is released from the institution. Such applicant must receive
			 benefits which are prorated from the day of the applicant's release from the
			 institution to the end of the month.
Initial month
means:
(i) the first month for which the household
			 is certified for participation in the food stamp program following any period
			 during which the household was not certified for participation; and
(ii) in the case of a migrant or seasonal
			 farmworker household, the first month for which a household is certified for
			 participation in the food stamp program provided such household applies
			 following a period of more than 30 days in which the household was not
			 certified for participation.
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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.15 - Determining food stamp benefit levels

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Calculating net monthly income. To
			 determine a household's net monthly income the following calculations shall be
			 performed:
(1) Add the gross monthly income
			 earned by all household members and the total monthly unearned income of all
			 household members, subtract income exclusions, thereby determining the
			 household's total gross income.
(2)
			 Multiply the total gross monthly earned income by 20 percent and subtract that
			 amount from the total gross income.
(3) Subtract the standard deduction as
			 described in section
			 387.12(a) 
			 of this Part.
(4) Determine if the
			 household is entitled to an excess medical deduction as described in section
			 387.12(c).
			 If the medical expenses exceed $35, then subtract that portion which exceeds
			 $35.
(5) Subtract monthly dependent
			 care expenses, if any, as described in section
			 387.12, up to
			 the maximum amount allowed.
(6)
			 Deduct child support payments, if any, made to nonhousehold members as set
			 forth in section
			 387.12  of this
			 Part.
(7) Total the allowable
			 shelter expenses as described in section
			 387.12  to
			 determine shelter costs. Subtract from total shelter costs 50 percent of the
			 household's monthly income after all the above deductions have been subtracted.
			 The remaining amount, if any, is the excess shelter cost. If there is no excess
			 shelter cost, the net monthly income has been determined.
(8) If there is excess shelter cost, compute
			 the shelter deduction by subtracting the excess shelter cost up to the maximum
			 amount allowed (unless the household is entitled to the full amount of its
			 excess shelter expenses) from the household's monthly income after all other
			 applicable deductions. Households not subject to a capped shelter expense
			 (those having an aged or disabled member) will have the full amount exceeding
			 50 percent of their net income subtracted.
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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.18 - Restoration of lost benefits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Whenever a loss was caused by an administrative error, or by an administrative
			 disqualification for an intentional program violation which was subsequently
			 reversed, such household shall have their benefits restored.
(b) Benefits shall be restored, even if the
			 household is currently ineligible, for a period of not more than 12 months
			 prior to the month the under-issuance is discovered.
(c) The amount of restored lost benefits
			 shall be in the amount of the benefits lost, and in addition to the allotment
			 currently eligible households are entitled to receive.
(d) The computation of the amount of restored
			 benefits shall be made according to instructions issued by the
			 department.
(e) The case record
			 shall be documented to indicate the method used in calculating the lost
			 benefits and the reason why lost benefits are to be restored.
(f) If a claim against a household is unpaid,
			 suspended or terminated, as provided for in section
			 387.19 
			 of this Part, the amount of the food stamp benefit to be restored must be
			 offset against the amount due on the claim before the balance, if any, is
			 restored to the household. However, at certification, the initial allotment of
			 food stamps must not be reduced to offset claims, even it the initial allotment
			 is paid retroactively.
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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.20 - Notification of local department decisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notification to applicants. Each
			 applicant household shall be notified in writing of the local department's
			 decision regarding his application.
(1) Notice
			 of certification/acceptance. When an application for food stamps has been
			 approved and a household is certified for participation in the food stamp
			 program, a written notice must be sent to the household which complies with the
			 requirements of section
			 358-3.3  of
			 this Title.
(2) Notice of
			 ineligibility/denial. When an application for food stamp benefits is denied
			 because the household is found ineligible, a written notice of denial must be
			 sent which complies with the requirements of section
			 358-3.3  of
			 this Title.
(3) Notice of pending
			 status. When the local department has failed to take action on an application
			 within 30 days of the filing of the application, a notice shall be sent to the
			 household advising them of the pending status. In situations where the
			 household has failed to comply with program requirements, the local department
			 shall take action as detailed in section
			 387.14(a)(4) 
			 of this Part prior to sending the household a notice of denial.
(4) Withdrawal of application. When a
			 household withdraws an application, the particulars regarding the withdrawal
			 shall be recorded in the case record. The local social services department may
			 notify the applicant of the termination of the application. A household which
			 voluntarily withdraws its application prior to the determination of eligibility
			 shall not have its right to reapply at any subsequent time adversely affected
			 by the earlier withdrawal.
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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.21 - Implementation of fair hearing decisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The social services district is
			 responsible for ensuring that all fair hearing decisions are reflected in a
			 household's coupon allotment in accordance with the provisions of section
			 358-6.4  of
			 this Title.
(b) When a hearing
			 decision determines that a household has been improperly denied food stamp
			 benefits or has been issued a lesser allotment than was due, lost benefits must
			 be provided to the household in accordance with section
			 387.18 
			 of this Part. Benefits must be restored to households which are leaving the
			 social services district before departure, whenever possible. If benefits are
			 not restored prior to the household's departure, the social services district
			 must forward an authorization for food stamp benefits to the household or to
			 the new social services district, if this information is known. The new social
			 services district must accept an authorization and issue the appropriate
			 benefits whether the notice is presented by the household or received directly
			 from another social services 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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.22 - Referenced material

Current through Register Vol. 46, No. 28, July 10, 2024
Material referenced in this Part is available for
			   inspection and copying by contacting :
New York State Office of Temporary and Disability
			   Assistance
Attn: Public Information Office
40 North Pearl Street
Albany, New York 12243
Email: nyspio@otda.ny.gov
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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.23 - Food stamp employment and training program plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Funding. The commissioner will distribute
			 to social services districts all or a portion of those Federal funds
			 appropriated to New York State by the United States Department of Agriculture
			 for the purpose of implementing approved food stamp employment and training
			 plans. The methodology for distribution of such funds, as developed by the
			 commissioner, shall consider the total number of food stamp work registrants
			 within each local district, the amount of funds previously expended by the
			 social services districts for food stamp employment and training programs,
			 and/or other factors as deemed appropriate by the commissioner.
(b) Records and reports. In order to prepare
			 adequate notification and plans as required by section
			 387.10  of this
			 Title, each social services district must:
(1) maintain an inventory of food stamp
			 recipients specifying the current work registrant status and the status as able
			 bodied adults without dependents (ABAWD) of such recipients in accordance with
			 the criteria contained in section
			 387.3 
			 of this Title; and
(2) maintain
			 records and provide information and data regarding the food stamp caseload, and
			 individual recipients of such benefits to the Office of Temporary and
			 Disability Assistance, as required by the commissioner.
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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.24 - New York State Combined Application Project (NYSCAP)

Current through Register Vol. 46, No. 28, July 10, 2024
The NYSCAP is a federally-approved demonstration project
			   which uses an automatic SNAP case enrollment and conversion process for certain
			   single, live-alone Supplemental Security Income (SSI) recipients. Information
			   from the Social Security Administration (SSA) provided to the Office of
			   Temporary and Disability Assistance (Office) is used to identify individuals
			   eligible to receive SNAP benefits under the NYSCAP. The operation of the
			   NYSCAP, as set forth in this section, is subject to continued federal approval
			   and funding.
(a)
Eligible
			 Households
. The process for enrollment of eligible households in the
			 NYSCAP is set forth below:
(1) Automatically
			 Enrolled Eligible Households.
(i) Single SSI,
			 live-alone households, not currently receiving SNAP benefits, designated with
			 an SSI federal living arrangement Code A, and a State SSI Supplemental Code A.
			 These are individuals that SSA and the Office have determined to be separate,
			 independent households; even if they are physically living with others. These
			 households are automatically enrolled in the NYSCAP, except as otherwise
			 provided by this section.
(ii)
			 Automatic enrollment of a NYSCAP case for an individual will be stopped if an
			 "Exception" situation exists for that individual. The NYSCAP case will not be
			 automatically enrolled. The Exception reason must be reviewed and resolved, and
			 its effect on eligibility for SNAP and for participation in the NYSCAP must be
			 determined prior to manually opening a NYSCAP case. Exception situations
			 include but are not limited to:
(a) The
			 individual is a member of a household that has a pending application for SNAP
			 benefits.
(b) The individual is
			 sanctioned or disqualified from participation in the SNAP due to a SNAP
			 Intentional Program Violation (IPV).
(c) The last case action recorded in the
			 Welfare Management System, (WMS) or any system of record that succeeds WMS, for
			 a SNAP household of which the individual was a member, was the closure of the
			 case due to the request of the household.
(d) The last case action recorded in WMS, for
			 a SNAP household of which the individual was the only member, is the
			 termination of an automatic NYSCAP enrollment because the individual failed to
			 redeem SNAP benefits following the automatic enrollment in the NYSCAP, as
			 provided by 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 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.25 - Transitional Supplemental Nutrition Assistance Program Benefits

Current through Register Vol. 46, No. 28, July 10, 2024
Transitional Benefits Alternative (TBA) provides five
			   months of transitional SNAP benefits to eligible households after they leave
			   the family assistance and/or safety net assistance program pursuant to the
			   requirements set forth in this section.
(a) Eligible Households. Transitional SNAP
			 benefits must be provided to eligible SNAP households as set forth below:
(1) Family Assistance. Households leaving
			 family assistance except for those excluded under subdivision (b) of this
			 section.
(2) Safety Net Assistance.
			 Households leaving safety net cash or safety net federally non-participating
			 programs, except for those excluded under subdivision (b) of this section, who
			 meet each of the following conditions:
(i)
			 The household must include at least one child who is:
(a) Under 22 years of age and living with a
			 parent; or
(b) Under 18 years of
			 age and under the parental control of an adult member of the household;
			 or
(c) Under 18 years of age and is
			 a minor head of household at the time of the safety net case closing.
(ii) The child/children do not
			 need to be participating in either the safety net case or the SNAP case at the
			 time of the safety net case closing.
(iii) The child/children must be verified
			 with the social services district as active, sanctioned or inactive household
			 members at the time of the safety net case closing.
(iv) Eligibility for TBA cannot be
			 established subsequent to the safety net case closing.
(3) Eligible households as determined in
			 paragraphs (1) and (2) of this subdivision who have a member(s) participating
			 in an employment program that provides wages that are funded or reimbursed, at
			 least in part, through a grant diversion program that diverts the household's
			 entire family assistance or safety net assistance grant ($0 cash grant case)
			 are considered to have left family assistance and/or safety net assistance for
			 the purpose of TBA eligibility.