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 370 - Safety Net Assistance › Section 370.2 - Determination of initial eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Safety net assistance includes assistance granted to
			   veterans under existing laws, and assistance to persons not residing in their
			   own homes when such persons reside in other living situations for which a
			   safety net assistance grant may be provided as specified in Part 352 of this
			   Subchapter. Safety net assistance does not include medical assistance, foster
			   care of children, or care classifiable under the law as public institutional
			   care.
(a) Investigation. When
			 practicable, responsibility must be placed upon the applicant for safety net
			 assistance to provide verified information concerning his or her previous
			 maintenance, loss of income and the extent and duration of current need. Both
			 the method and content of investigation must be aimed at assisting the
			 applicant to return to self-support and fully utilize resources related
			 thereto.
(b) Financial
			 requirements. The initial determination must include consideration of each of
			 the following eligibility factors:
(1)
			 Previous maintenance and reason for application. For each member of the
			 household applying for assistance, the following must be determined: the source
			 and amount of previous income or maintenance; the reason and date of its
			 discontinuance; presumptive eligibility for benefits relating to loss of
			 income; and employability and availability for employment.
(2) Presumptive duration of need. On the
			 basis of all available facts, an evaluation must be made of the following: the
			 probable duration of need based upon consideration of the applicant's
			 employability and the availability of employment in the current labor market;
			 his or her presumptive eligibility for work-related benefits; and the
			 availability of vocational training, rehabilitation services, and the
			 availability or potential availability of other resources that will make his or
			 her need for financial assistance short-term.
(3) Ability of relatives to support.
(i) For both short-term and long-term cases,
			 the social services official must determine the existence and whereabouts of
			 the legally responsible relatives of persons for whom application is made and
			 of the ability of such relatives to support. When legally responsible relatives
			 are able to provide support to the applicant and are not doing so, the social
			 services official must implement procedures to enforce support.
(ii) In considering the ability of a legally
			 responsible relative to support, the offer of a home must be carefully explored
			 and evaluated. The evaluation must include a determination of the reason for
			 the separation which had occurred, and if children, minors or other persons are
			 members of the applicant's family unit, the advisability of a change in their
			 living arrangements.
(iii) Such an
			 offer of a home does not preclude consideration of eligibility for safety net
			 assistance. If the social services official determines that the legally
			 responsible relative is otherwise able but unwilling to contribute to the
			 support of the applicant, the social services official must initiate
			 appropriate action to enforce support.
(iv) Social services officials may evaluate
			 the willingness of socially responsible persons to assist in whole or in part
			 in the support of applicants. Where socially responsible persons assisted in
			 the past, the situation must be reviewed to determine current availability of
			 such support.
(v) In considering
			 the ability of socially responsible persons to support, the offer of a home by
			 a person must be included in the exploration and evaluation of resources. In
			 considering the offer of a home, there must be a careful evaluation of the
			 suitability of such resource in the individual situation, including the
			 physical and mental health of the applicant, his or her current living
			 arrangements, and his or her personal wishes and those of his family.
(4) Not eligible for or receiving
			 assistance as family assistance (FA). For each member of the household included
			 in the safety net assistance application it must be determined that he or she
			 is not eligible to receive FA.
(5)
			 Potential eligibility for SSI.
(i) Each
			 applicant for safety net assistance or his or her authorized representative
			 must sign a repayment of interim assistance authorization.
(ii) Subject to the conditions set forth in
			 the interim assistance sections of this Part, each applicant for safety net
			 assistance who, based on a medical statement documenting or indicating
			 existence of a physical or mental impairment, reasonably appears to qualify for
			 SSI benefits, or who during the safety net assistance application process
			 demonstrates behavior or symptoms suggesting potential SSI eligibility, or who
			 has reached or will before the end of the following calendar month reach his or
			 her 65th birthday or who otherwise appears to be eligible for SSI benefits must
			 also be required to apply for SSI benefits, cooperate with the SSI eligibility
			 determination process, and appeal any denial of his or her initial SSI
			 application and exhaust the available administrative remedies.
(iii) Any medical statement used in
			 establishing potential SSI eligibility along with any other medical
			 documentation available must be attached by the social services district to the
			 SSI Referral and Certification of Contact form when the applicant is referred
			 to the Social Security Administration (SSA) to file for SSI benefits.
(iv) Each social services district must
			 establish procedures for:
(a) promptly
			 identifying and assessing those safety net assistance and FA applicants and
			 recipients who are potentially eligible for SSI;
(b) providing medical and related information
			 to persons referred to the SSA and assisting the client in obtaining such
			 information if there has been no prior diagnosis or treatment;
(c) establishing an SSI tracking system to
			 determine whether safety net assistance and FA applicants or recipients who are
			 potentially eligible for SSI have completed the Federal disability benefit
			 application and appeals processes;
(d) providing assistance to safety net
			 assistance and FA applicants and recipients in pursuing SSI benefits and, when
			 necessary, assisting such applicants and recipients in appealing the denial of
			 such benefits; and
(e) referring
			 safety net assistance and FA applicants and recipients to not- for-profit
			 agencies and not-for-profit legal services corporations receiving grants under
			 section 35  of the Social Services Law, if
			 any.
(6)
			 Transfer of property.
(i) A person is not
			 eligible for safety net assistance who has made a voluntary assignment or
			 transfer of real or personal property for the purpose of qualifying for such
			 aid. A transfer of such property made within one year prior to the date of
			 application is presumed to have been made for the purpose of qualifying for
			 such assistance.
(ii) If the agency
			 determines that the transfer was not made to qualify for safety net assistance,
			 then such transfer or assignment will not constitute a basis for
			 denial.
(7) No person
			 receiving public institutional care may receive safety net
			 assistance.