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 387.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Eligibility for, and participation in the food stamp
			   program shall be based on definitions contained in this Part:
(a)
Administrative error
is
			 an over-issuance of food stamp benefits caused by the local department's action
			 or failure to take action.
(b)
Agency conference
is a conference held by the local department
			 for households which wish to contest a denial of expedited service or other
			 case actions taken by the local department.
(c)
Aliens
eligible to
			 participate in the food stamp program are those who are residents of the United
			 States and who also:
(1) are lawfully
			 admitted for permanent residence as immigrants as defined in section 101(a)(15)
			 and (20) of the Immigration and Nationality Act; or
(2) entered the United States prior to
			 January 1, 1972, or some later date as required by law, and have continuously
			 maintained residency in the United States since then, and are not eligible for
			 citizenship, but are considered to be lawfully admitted for permanent residence
			 as a result of an exercise of discretion by the Attorney General pursuant to
			 section 249 of the Immigration and Nationality Act; or
(3) are qualified for entry into the United
			 States after March 31, 1980 because of persecution or fear of persecution on
			 account of race, religion or political opinion, pursuant to section 207
			 (formerly 203[a][7]) or section 208 of the Immigration and Nationality Act;
			 or
(4) are qualified for
			 conditional entry into the United States prior to April 1, 1980 pursuant to
			 former section 203(a)(7) of the Immigration and Nationality Act; or
(5) were granted asylum through an exercise
			 of discretion by the Attorney General pursuant to section 208 of the
			 Immigration and Nationality Act; or
(6) are lawfully present in the United States
			 as a result of an exercise of discretion by the Attorney General for emergent
			 reasons or reasons deemed strictly in the public interest pursuant to section
			 212(d)(5) of the Immigration and Nationality Act, or as a result of a grant of
			 parole by the Attorney General; or
(7) live within the United States and for
			 whom the Attorney General has withheld deportation pursuant to section 243 of
			 the Immigration and Nationality Act; or
(8) are defined as aged, blind or disabled in
			 accordance with section 1614(a)(1) of the Social Security Act and are
			 considered to be lawfully admitted for permanent residence pursuant to section
			 245A(b)(1) of the Immigration and Nationality Act; such aliens may obtain
			 lawful permanent residence status under section 245(b)(1) of such act no
			 earlier than November 7, 1988; or
(9) are granted lawful temporary resident
			 status pursuant to section 245A of the Immigration and Nationality Act at least
			 five years prior to applying for food stamps and who subsequently gained lawful
			 permanent resident status pursuant to section 245A of such act; such aliens may
			 obtain temporary residence status no earlier than May 5, 1987; or
(10) as of June 1, 1987, or thereafter, are
			 classified as special agricultural workers and lawfully admitted for temporary
			 residence in accordance with section 210(a) of the Immigration and Nationality
			 Act; or
(11) are lawfully admitted
			 for temporary residence as an additional special agricultural worker as of
			 October 1, 1989 through September 30, 1993 in accordance with section 210A(a)
			 of the Immigration and Nationality Act.