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 2 - Determination of Eligibility-Categorical › Part 368 - Aid To The Aged, Blind Or Disabled › Section 368.6 - Planning for employment, rehabilitation and training-aid to the disabled

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The social
			 services district shall, when circumstances so require, provide:
(1) Medical and other diagnostic
			 examinations, when not otherwise obtainable, for the purpose of determining an
			 applicant's or recipient's eligibility or potential for rehabilitation or
			 training.
(2) Medical care, when
			 not available through other agencies, to assist in restoring a recipient to a
			 condition of self-support.
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 368.7 - Special category requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Blindness.
(1) Blindness shall be established
			 by the New York State Commission for the Visually Handicapped in accordance
			 with department regulations.
(2)
			 Where there is presumption that any applicant for AABD is legally blind, an eye
			 examination shall be completed and the findings reported to the Commission for
			 the Visually Handicapped except where the person's physical or mental condition
			 makes such examination impracticable.
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 368.8 - Decision

Current through Register Vol. 46, No. 28, July 10, 2024
A determination of categorical eligibility or
			   ineligibility for AABD shall be made within the time limits specified by
			   department regulations.
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 368.10 - Living arrangements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Assistance and care may be provided in the recipient's own home or some other
			 suitable family home or in any of the following when operated in compliance
			 with rules of the board and department regulations: a private convalescent
			 home, proprietary or non-profit; a private incorporated non-profit home for the
			 blind or aged, or a private institution for adults proprietary or
			 non-profit.
(b) Allowance for
			 personal expenses, including clothing and incidentals, may also be granted in a
			 nursing home or intermediate care facility.
(c) Whenever practicable, assistance shall be
			 provided to a person in his own home. When care in his own home is not
			 practicable, the social services official shall provide care suited to the
			 person's particular situation. Particular emphasis shall be given to this
			 factor when the mental or physical condition of the applicant or recipient and
			 the absence of close relatives places greater responsibility for such decision
			 upon the social services official.
(d) If and so long as Federal aid is
			 available for care therein AD may also be provided in the following: a facility
			 operated or supervised by the State Narcotic Addiction Control Commission, and
			 a residential facility for the mentally retarded, approved, licensed or
			 operated by the State Department of Mental Hygiene.
(e) Compliance with Civil Rights Act of 1964.
			 Applicants for or recipients of AABD shall not be placed in or referred to a
			 public, private non-profit or private proprietary facility which discriminates
			 on the basis of race, color or national origin contrary to the requirements of
			 title VI of the Civil Rights Act of 1964 or violates section 40  of the Civil
			 Rights Act of the State of New York, nor may services be provided which would
			 be supportive of such facility or vendor's payment made thereto.
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 368.11 - Character of aid

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Assistance and
			 care shall include aid, care, support, referral for service and such other
			 special aid as the condition of the person may make necessary excluding medical
			 or surgical care, nursing and other services and care available under medical
			 assistance for needy persons (MA).
(b) Such assistance and care may not be given
			 in a public institution other than a "medical institution." A medical
			 institution includes an intermediate care facility, public or private, and a
			 public institution means an institution maintained by the State or local
			 governmental unit including a school, or penal correctional facility, but not a
			 facility operated or supervised by the Narcotics Addiction Control Commission
			 or a residential facility for the mentally retarded licensed or operated by the
			 Department of Mental Hygiene.
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 368.12 - Protective payments in the AABD program

Current through Register Vol. 46, No. 28, July 10, 2024
The need for protective payments for AABD recipients
			   shall be determined in accord with department regulations.
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 368.13 - Determination of continuing eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A recipient of AABD shall complete and
			 sign a certification of need (Form DSS-1229) and shall submit such form by mail
			 or in person at least once a year. The determination of continuing eligibility
			 shall include reconsideration of all variable factors of need and eligibility.
			 Particular attention shall be given to any changes in coverage or amounts of
			 benefits, such as disability insurance payments, retirement and disability
			 annuities, veterans' compensation and pensions and workmen's compensation, and
			 to any change in the contributions or ability to contribute of legally
			 responsible relatives.
(b) Change
			 of residence or absence from the district of administration. When a recipient
			 leaves the district of administration the agency shall determine if such
			 absence is temporary or permanent and shall determine its continuing
			 responsibility for the recipient.
(c) Reclassification of blindness.
(1) Where medical treatment or surgery may
			 have resulted in the partial restoration of vision of a blind recipient, a
			 reexamination may be indicated. The report of such examination of Form DSS-542
			 shall be submitted to the Commission for the Visually Handicapped for
			 reclassification.
(2) Where an eye
			 condition of a recipient who has not been classified as blind, increases in
			 severity, or a recommendation of a review team or other evidence raises a
			 presumption of blindness, an eye examination shall be completed to determine
			 whether or not the recipient is legally blind.
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 368.14 - Reapplication

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reapplications
			 shall be processed in the same way as new applications. When an individual
			 reapplies after he has been certified as AD--Group I or Group II--and his case
			 is closed for reasons unrelated to a change in disability (e.g., increased
			 social security or other benefits) there is no need for a review team
			 evaluation unless:
(1) twelve months or more
			 have elapsed since date of last case closing;
(2) the individual has, in the interim,
			 engaged in a useful occupation; or
(3) the individual has, in the interim, had a
			 significant change in treatment such as major surgery, a stay in a
			 rehabilitation center or a period of diagnostic hospitalization.
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 369 - Family Assistance › Section 369.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
			 application for family assistance shall be received and recorded in accordance
			 with section
			 350.4 
			 of this Title.
(b) In order to
			 receive family assistance, a family must include a minor child who resides with
			 a custodial parent or other adult caretaker relative of the child related to
			 the child by blood, marriage or adoption, or a pregnant individual. The term
			 custodial parent or other adult caretaker relative shall include the following:
(1) the child's father, mother, brother,
			 sister, grandfather, great-grandfather, great-great- grandfather, grandmother,
			 great-grandmother, great-great-grandmother, uncle, great-uncle,
			 great-great-uncle, aunt, great-aunt, great-great-aunt, of whole or half
			 blood;
(2) the child's first
			 cousin, nephew and niece, of whole or half blood;
(3) the child's stepfather, stepmother,
			 stepbrother, stepsister, but no other steprelative;
(4) in the case of a child who has been
			 surrendered to an authorized agency or who has been adopted:
(i) any of the blood or steprelatives
			 included in the preceding paragraphs of this subdivision; and
(ii) the child's adoptive parents and:
(a) the other children of the adoptive
			 parents and the children of such children;
(b) the parents, grandparents and
			 great-grandparents of the adoptive parents;
(c) the brothers and sisters of the adoptive
			 parents and the children of such brothers and sisters; and
(d) the aunts, uncles, great-aunts and
			 great-uncles of adoptive parents;
(5) the spouse of any person described in the
			 preceding paragraphs of this subdivision, even though the marriage may have
			 been terminated by death, divorce or annulment; and
(6) in the case of a child born out of
			 wedlock, any relative in the maternal line included in the preceding paragraphs
			 of this subdivision and, if paternity has been adjudicated or acknowledged in
			 writing, any relative in the maternal and paternal lines included in the
			 preceding paragraphs of this subdivision.
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 369 - Family Assistance › Section 369.2 - Determination of initial eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Eligibility for family assistance shall be determined for
			   each applicant in accordance with the policies and procedures generally
			   applicable in public assistance. This determination shall include consideration
			   of each of the following factors of eligibility: financial need, age, welfare
			   of child or minor, residence within the State, living arrangements,
			   relationship of child to relative, and the durational time limits applicable to
			   the FA program. Where there is emergent need and a presumption of categorical
			   eligibility exists, the predetermination grant procedure shall be followed. The
			   applicant shall be advised of the requirement of having a social security
			   number for each person in the public assistance household, and that the social
			   security number will be utilized in the administration of the FA program. The
			   applicant shall further be advised of the requirement of complying, when
			   applicable, with the requirements of the Child Support Enforcement Program in
			   accordance with this section and Parts 346 and 347 of this Title and with the
			   work requirements, when applicable, in accordance with Part 385 of this
			   Title.
(a)
Financial
			 need.
Financial need shall be determined in accordance with the
			   approved standards of assistance.
(1)
			 Determination of financial need of applicant.
(i) Child living with one or both parents.
			 Need for a child living with one or both parents shall be determined for the
			 family unit in accordance with public assistance standards.
(ii) Child living with another relative.
(a) Dependent relative. When the child is
			 living with an eligible relative other than a parent, who is without adequate
			 means of support, financial need shall be determined for the family unit in
			 accordance with public assistance standards.
(b) Self-maintaining, nonlegally responsible
			 relative. If the applicant is a nonlegally responsible relative who is
			 self-maintaining or is supported by a spouse or other person who is not a
			 legally responsible relative, a FA grant may be made for the needy child. The
			 needs of the child shall be computed according to applicable public assistance
			 standards in accordance with the provisions of Part 352 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 2 - Determination of Eligibility-Categorical › Part 369 - Family Assistance › Section 369.3 - Determination of grant and its payment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Designation of grantee.
A
grantee
is a parent or other specified
			   eligible relative to whom an FA grant is made for the benefit of a child or
			   minor in one of the following living situations:
(1) Child living with one or both parents.
(i) When a child or minor is living with one
			 parent, that parent is the grantee.
(ii) When a child or minor is living with
			 both parents, either parent may be designated the grantee.
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 369 - Family Assistance › Section 369.4 - Determination of continuing eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Continuing eligibility for FA shall be determined in
			   accordance with the policies and procedures generally applicable in public
			   assistance. Personal contacts and redeterminations of eligibility shall be made
			   in accordance with office regulations, Part 351 of this Title. This
			   redetermination shall include reconsideration of all variable factors,
			   including financial need of child and parent or other relative, welfare of
			   child or minor, living with a parent or other relative, the employment status
			   of employable individuals, and the 60- month durational limit applicable to the
			   FA program.
(a) Financial need. There
			 shall be a reevaluation of all needs and resources of the child and parents or
			 other relative in accordance with approved standards of assistance. Extent of
			 need shall be determined in accordance with agency policy for the family group
			 each time a member of it is out of the home temporarily. The part of the grant
			 which is necessary to retain the child's home shall be provided.
(b) Reconsideration of the welfare of the
			 child. As part of the periodic redetermination of eligibility, there shall be a
			 reevaluation of the welfare of the child. Where there is concern for a child's
			 welfare, referral shall be made to children's services for assessment of the
			 child's home situation.
(c) Living
			 with a parent or other relative.
(1) Except
			 as provided in section
			 369.3(a)(2)(ii) 
			 of this Part, temporary absence from the home or from the district of a child,
			 a grantee, or both, shall not affect a previous determination that the child is
			 living with an eligible relative when it is determined that the parent or
			 relative retains full responsibility for control of the child and the absence
			 cannot be interpreted as a change in the child's home.
(2) When the absence of the child from the
			 home extends for a consecutive period of 45 days or more, or when the parent or
			 caretaker relative expects the absence of the child to extend for a consecutive
			 period of 45 days or more, the provisions for establishing good cause for the
			 absence shall apply pursuant to section
			 351.2(k) 
			 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 2 - Determination of Eligibility-Categorical › Part 369 - Family Assistance › Section 369.5 - Determination of category

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Full
			 utilization of Federal categorical assistance. Family assistance shall be
			 granted to persons eligible or presumptively eligible therefor in compliance
			 with office regulations.
(b)
			 Utilization of Federal Supplemental Security Income program (SSI).
(1) Individuals who apply for or are
			 receiving FA and who appear to be eligible for SSI benefits must, as a
			 condition of eligibility for FA, apply for and cooperate with all requirements
			 set forth by the Social Security Administration for making a determination of
			 that individual's eligibility for SSI. If an applicant or recipient refuses to
			 cooperate in applying for SSI benefits for himself or herself or for a member
			 of the FA household, his or her needs shall be eliminated from the
			 budget.
(2) When the only remaining
			 child in an FA household becomes eligible for SSI benefits, the needs of the
			 dependent relative, if otherwise eligible, shall be provided as FA until the
			 child would no longer be FA-eligible.
(3) When an individual in the FA household
			 becomes eligible to receive SSI benefits, and no FA-eligible individual remains
			 in the household, FA assistance shall not be provided.
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 369 - Family Assistance › Section 369.6 - Decision, appeal and fair hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Decision. The determination or conclusion reached in regard to the eligibility
			 or ineligibility for family assistance shall be made within 30 days after the
			 filing of the application. The applicant shall be notified of such decision in
			 writing. The decision on continuing eligibility for ADC shall be based on the
			 findings of an investigation which shall be evaluated and the decision made
			 promptly.
(b) Appeal and fair
			 hearing. An applicant or recipient of family assistance shall be informed of
			 his or her right to appeal to the office and request a fair hearing when his or
			 her application has not been acted upon promptly or the application is denied
			 or the grant is deemed inadequate or is discontinued.
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 369 - Family Assistance › Section 369.7 - Mandatory referral to local Child Support Enforcement Unit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a parent
			 or stepparent of a household member under the age of 21 years is absent from
			 the home, or when the paternity of a child is not legally established, the
			 local income maintenance unit must refer the applicant for or recipient of PA
			 to the local child support enforcement unit, except in the case of an applicant
			 or recipient found, pursuant to section
			 369.2(b)(4) 
			 of this Part, to have good cause for refusing to cooperate in establishing the
			 paternity of a child and in establishing, modifying and enforcing a support
			 order for the child. The local income maintenance unit or an appropriate
			 designee must report such cases to the local child support enforcement unit, as
			 specified in section
			 369.2(b)(6) 
			 of this Part.
(b) An applicant must
			 be given the opportunity to apply for child support services at the time of
			 application for PA if the conditions set forth in subdivision (a) of this
			 section exist.
(c) When an
			 applicant or recipient fails, absent good cause, to provide verifiable
			 information on the child support enforcement referral form sufficient to
			 identify and locate the absent parent or putative father, as required by
			 section
			 369.2(b) 
			 of this Part, the local child support enforcement unit must determine whether
			 the applicant or recipient has cooperated in good faith to establish the
			 paternity of the child and to establish, modify and enforce a support order for
			 the child pursuant to section
			 347.5 
			 of this Title. The local child support enforcement unit must make its
			 determination as to whether the applicant has cooperated, prior to the local
			 income maintenance unit's approval of the application for public
			 assistance.
(d) When an applicant
			 is approved for PA, automatic notification to the local child support
			 enforcement unit must be made within two working days of the issuance of the
			 first grant to a new or reopened case. Such notification must include, in
			 social services districts where available, completion of the child support
			 referral screen on WMS.
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 370.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Relationship to
			 other regulations of the office. In addition to this Part, regulations of the
			 office generally governing the programs of public assistance and care including
			 application, determination of initial and continuing eligibility, standards of
			 assistance, budgeting, provision of services, notification of decision,
			 authorization and payment of grants, handling of inquiries, complaints, appeals
			 and requests for fair hearings and investigations of fraud apply to safety net
			 assistance.
(b) State-prescribed
			 forms. Any application for safety net assistance or redetermination must be
			 made on the State-prescribed form in accordance with Parts 350 and 351 of this
			 Subchapter.
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 370.5 - Determination of continuing eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Continuing eligibility for safety net assistance must be
			   determined in accordance with the regulations of the office governing the
			   programs of public assistance, including this Part and Parts 352, 369 and 385
			   of this Title and applicable regulations of the Department of Labor. This
			   determination must include reconsideration of all factors of initial
			   eligibility which are subject to change, including financial need, employment
			   and availability for employment. It must include, where indicated,
			   consideration of presumptive eligibility for FA and classification and transfer
			   to that category. Each recipient of safety net assistance or his or her
			   authorized representative must sign a repayment of interim assistance
			   authorization. If a recipient, based on a medical statement documenting or
			   indicating existence of a physical or mental impairment, reasonably appears to
			   qualify for SSI benefits, or during the recertification process demonstrates
			   behavior or symptoms suggesting potential SSI eligibility, or has reached or
			   will before the end of the following calendar month become 65 years of age, or
			   otherwise appears to be eligible for SSI, his or her continuing eligibility for
			   safety net assistance is subject to his or her efforts to obtain SSI benefits
			   and compliance with the conditions set forth in the interim assistance
			   provisions of section
			   353.1 
			   of this Title. Any determination that pursuit of SSI benefits is necessary must
			   be included in the district's SSI tracking procedures. Review of the following
			   factors, where applicable, must also be made:
(a) Residence--absence from the district of
			 administration. Absence from the district of administration must be evaluated
			 in accordance with Parts 310, 311, 349 and 351 of this Title and sections 62, 117 and
			 118  of the Social Services Law.
(b) Living arrangements. The safety net
			 assistance recipient's place of residence must be reconsidered in determining
			 continuing eligibility in accordance with provisions of this Title applicable
			 to determining initial eligibility. Whenever possible, dependent persons should
			 be given assistance in their own residence or efforts made to return them to
			 their own residence when it has been determined that another form of care is
			 not appropriate or no longer required.
(c) Continuance or change in short-term
			 status. If assistance is needed beyond the short- term period as defined in the
			 emergency and short-term cases section of this Part, policies governing the
			 meeting of needs and the utilization of resources for long-term assistance must
			 be applied in accordance with Part 352 of this Subchapter.
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 370.6 - Appeals by social services officials

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A social services official responsible in
			 an individual case for either the authorization of assistance or the
			 investigation of the application for assistance and the making of a
			 recommendation relative to such application has the right to appeal to the
			 office from a decision made in such case by another social services
			 official.
(b) The appellant social
			 services official must file with the office an appeal in writing setting forth
			 the basis for his or her determination or decision, the action or determination
			 sought to be reviewed, and a statement in justification of his or her
			 determination or decision. Three copies of such appeal must be delivered in
			 person or by certified mail to the office.
(c) The office must hold a hearing in
			 accordance with the requirements of section 22  of the Social Services Law.
(d) The notice of appeal may be filed at the
			 time the decision to grant assistance is reached and may be prior to or
			 simultaneous with the issuance of the grant. The filing of an appeal does not
			 represent a request for approval to grant assistance.
(e) Where a town social services officer
			 fails or refuses to issue a grant for safety net assistance which has been
			 recommended by a county social services official, the county social services
			 official must apply to the office for a review of the town's action and issue
			 assistance to the safety net assistance applicant pending the office's review
			 and decision.
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 370.7 - Safety net assistance supplementation

Current through Register Vol. 46, No. 28, July 10, 2024
Safety net assistance must not be denied or discontinued
			   solely on the basis that the applicant/recipient is in receipt of
			   SSI.
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 370.8 - Shelter residents

Current through Register Vol. 46, No. 28, July 10, 2024
Social services districts must:
(a) supply public shelter residents with
			 information regarding their eligibility to apply for safety net assistance;
			 and
(b) strongly encourage public
			 shelter residents to apply for safety net assistance.
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 370.9 - Referral to local child support enforcement unit of applicants for or recipients of safety net assistance

Current through Register Vol. 46, No. 28, July 10, 2024
When the household of an applicant for or recipient of
			   safety net assistance includes a person under the age of 21 years whose parent
			   or stepparent is absent or whose paternity is not legally established, the
			   local income maintenance unit must refer the applicant or recipient to the
			   local child support enforcement unit, pursuant to section
			   369.7 
			   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 2 - Determination of Eligibility-Categorical › Part 371 - Public Institutional Care › Section 371.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Public home care means domiciliary, sheltered or
			   custodial care in a city or county home for a person 16 years of age or over
			   for whom care in his own home or some other suitable family home is not
			   appropriate.
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 371 - Public Institutional Care › Section 371.2 - Documentation of eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 General. Initial and continuing eligibility for public home care shall be
			 established, and documented in the form of a case record for each person
			 applying for and receiving such care as a public charge. A resident shall be
			 considered a public charge unless he is paying for the cost of his care at a
			 rate which is at least equal to the rate approved by the department and in
			 effect during the period of care.
(b) Applicability of department regulations.
			 Insofar as they are appropriate, the provisions of department regulations shall
			 apply to the provision of care in a public home.
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 371 - Public Institutional Care › Section 371.3 - Determination of initial eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
In general, the scope of the social investigation shall
			   conform to the policies set forth in sections
			   351.1
			   through
			   351.4,
			   351.20
			   through 351.24,
			   354.1,
			   354.2
			   and 354.4  of this Title, but these processes shall be modified to the extent
			   indicated by the nature of institutional care and the needs of persons
			   requiring such care.
(a) Appropriate
			 form of care.
(1) Primary emphasis shall be
			 placed upon the form of care which will best meet the needs of the individual
			 concerned. This shall include consideration of his previous living
			 arrangements; his current physical and mental condition; his ability to live
			 outside the protected environment of an institutional setting; the availability
			 and suitability of care in a private home for the aged or a private home for
			 adults for which an applicant may be eligible because of membership in a
			 fraternal organization or other association or in a government home or
			 institution for which an applicant may be eligible because of veteran status;
			 his personal wishes and those of his family.
(2) Residents of public homes, which are
			 supported by county and State funds, are ineligible for supplemental security
			 income payments.
(3) Residents of
			 public homes who have medical problems should be considered for possible
			 placement in skilled nursing or intermediate care facilities.
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 371 - Public Institutional Care › Section 371.4 - Determination of continuing eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
The determination of continuing eligibility shall be
			   based upon contact with the resident and with appropriate collateral sources,
			   and upon periodic evaluation and supervisory review and approval of all
			   variable factors.
(a) Personal contact
			 shall be not less frequent than once in six months.
(b) All variable factors of need and
			 eligibility shall be reconsidered and evaluated at least once in 12 months.
			 This shall include:
(1) the form of care
			 provided and whether it continues to be the most suitable to the individual's
			 needs; and
(2) possible changes in
			 such factors as employability, availability of employment, eligibility for
			 work-related or other benefits, changes in the amount of such payments, and
			 ability of relatives to support.
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 371 - Public Institutional Care › Section 371.5 - Authorization of assistance and care

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An authorization of assistance shall be
			 issued by the income maintenance division to authorize public home care and to
			 specify the effective date. For cases already in the public home, the effective
			 date is the date of admission. The State-prescribed authorization form will be
			 used for this purpose.
(b)
			 Determination of continuing eligibility every 12 months or any change in
			 eligibility shall be similarly confirmed by issuance of an
			 authorization.
(c) All such
			 authorizations shall be maintained in a file in the 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 2 - Determination of Eligibility-Categorical › Part 371 - Public Institutional Care › Section 371.6 - Public lodging house or shelter care

Current through Register Vol. 46, No. 28, July 10, 2024
The local plan of administration shall specify the
			   policies and procedures governing the provision of lodging house or shelter
			   care. All requirements for the approval of such plans shall be
			   applicable.
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 371 - Public Institutional Care › Section 371.7 to 371.8

Current through Register Vol. 46, No. 28, July 10, 2024
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 372 - Emergency Assistance To Needy Families With Children › Section 372.1 - EAF-general

Current through Register Vol. 46, No. 28, July 10, 2024
Emergency assistance (EAF) means all aid, care and
			   services granted under this Part to families with children, including migrant
			   workers, to deal with crisis situations threatening the family and to meet
			   urgent needs resulting from a sudden occurrence or set of circumstances
			   demanding immediate attention. Such assistance may be furnished if and for so
			   long as Federal funds are available.
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 372 - Emergency Assistance To Needy Families With Children › Section 372.2 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Emergency
			 assistance must be provided immediately by a social services district to or on
			 behalf of a needy child under the age of 18 or a needy child under the age of
			 19 who is a full-time student regularly attending a secondary school or in the
			 equivalent level of vocational or technical training and any other member of
			 the household in which he or she is living if the conditions set forth in
			 section
			 372.1  of
			 this Part are met, and in addition:
(1) the
			 child is living with an adult related by blood, marriage or adoption;
(2) the child is without available income or
			 resources immediately accessible to meet his or her needs and those needs
			 cannot be met under Part 352 of this Title by an advance allowance and the
			 household's available income on the date of application is at or below 200
			 percent of the current Federal poverty level as defined and annually revised by
			 the United States Department of Health and Human Services under the authority
			 of 42 U.S.C.
			 9902(2) for that household
			 size, or the household is financially eligible to receive public assistance in
			 accordance with Part 352 of this Title or, for households in receipt of child
			 protective, child preventive or other child welfare services, at least one
			 member of the household is in receipt of public assistance or supplemental
			 security income (for purposes of determining eligibility for assistance
			 pursuant to this section, the annually revised poverty lines are effective
			 April 1st through March 31st of each State fiscal year);
(3) emergency assistance is necessary to
			 avoid destitution of the child or to provide living arrangements for him or her
			 in a home;
(4) the occurrence or
			 situation giving rise to the need for emergency assistance could not have been
			 foreseen by the applicant and was not under his or her control;
(5) the child's destitution or need for
			 living arrangements did not arise because the child or a relative with whom he
			 or she lives refused without good cause to accept employment or training for
			 employment; and
(6) for a recipient
			 of public assistance, such destitution did not arise from the mismanagement of
			 a public assistance grant, or the emergency grant being applied for will not
			 replace or duplicate a public assistance grant already made under Part 352 of
			 this Title. This section does not prohibit the issuing of EAF to replace a lost
			 or stolen public assistance grant.
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 372 - Emergency Assistance To Needy Families With Children › Section 372.3

Current through Register Vol. 46, No. 28, July 10, 2024
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 372 - Emergency Assistance To Needy Families With Children › Section 372.4 - Scope of assistance

Current through Register Vol. 46, No. 28, July 10, 2024
Emergency assistance to eligible needy families with
			   children shall be provided as follows:
(a) Except in the situations hereinafter
			 provided, grants and allowances provided under this section shall be only for
			 such items of need, in such amounts as provided for in Part 352 of this
			 Title.
(b) Payments made to meet
			 the cost of repairs to recipient-owned homes must be made when the repairs are
			 essential for the health and safety of the recipient or the need for such
			 repairs results from fire, flood, or other like catastrophe, provided provision
			 therefor cannot otherwise be made.
(c) In situations of mass emergency, payment
			 for costs of services and supplies, mass feeding and clothing distribution, and
			 other essential articles such as blankets shall be made.
(d) Services necessary to cope with the
			 emergency situation, including information referral, counseling, securing
			 family shelter, temporary foster care, and any other services which meet needs
			 attributable to the emergency situation, must be provided subject to any
			 limitations in subdivision (e) of this section.
(e) When amounts are specifically
			 appropriated for services to individuals and families who meet the eligibility
			 requirements under this Part, EAF must be provided only within the amounts
			 specifically appropriated and subject to the terms and conditions of such
			 appropriation.
(f) The EAF
			 categorical eligibility criteria in effect on September 30, 1995 shall apply to
			 those childrens' services that would otherwise be ineligible for reimbursement
			 under the EAF program except that they were included in the approved ADC State
			 plan in effect on September 30, 1995.
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 372 - Emergency Assistance To Needy Families With Children › Section 372.5 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application
			 for emergency assistance to needy families with children, made by an individual
			 family not currently in receipt of public assistance, shall be recorded on the
			 State- prescribed form. For a family currently in receipt of public assistance,
			 no additional application is required.
(b) When emergency assistance is required on
			 a mass basis, names of families requesting such assistance recorded on form
			 DSS-880, Register of Application and Authorization for Emergency Assistance,
			 shall constitute their application.
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 372 - Emergency Assistance To Needy Families With Children › Section 372.6 - Authorization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
			 State-prescribed authorization form shall be marked "EAF" to identify it as
			 emergency assistance to needy families with children when the application for
			 assistance is made by an individual family.
(b) In situations of mass emergency, the
			 register of families applying for such emergency assistance (form DSS-880),
			 when signed by the authorizing official, shall serve as the authorization of
			 such assistance.
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 373 - Refugee Cash Assistance And Refugee Medical Assistance › Subpart 373-1 - Refugee Cash Assistance › Section 373-1.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Refugee cash
			   assistance (RCA). The RCA program is a Federal program that provides cash
			   assistance to refugees, Cuban/Haitian entrants and asylees eligible under this
			   Part in order to assist them to achieve self-sufficiency as soon as possible.
			   RCA is a publicly administered program through the social services district in
			   which refugees, entrants and asylees reside.
(b) Relationship to other regulations of the
			   office. To the extent consistent with this Subpart, regulations of the office
			   governing public assistance will apply to RCA. Such regulations include Part
			   349 (General Provisions), Part 350 (Application), Part 351 (Investigation and
			   Eligibility), Part 352 (Standards of Assistance), Part 355 (Information
			   Pamphlets; Notification of Decisions), Part 356 (Inquiries and Complaints),
			   Part 357 (Confidential Nature of Records) and Part 358 (Fair Hearings) all of
			   this Title.
(c) Definitions.
(1) Employability plan means an
			   individualized written plan for a refugee, asylee or entrant registered for
			   employment services that sets forth a program of services intended to result in
			   the earliest possible employment of the refugee or entrant.
(2) Employable means not exempt from
			   registration for employability services as set forth in section
			   373-1.8(b) 
			   of this Subpart.
(3) Family
			   self-sufficiency plan means a plan that addresses the employability service
			   needs of the employable members of a family for the purpose of enabling the
			   family to become self-supporting through the employment of one or more family
			   members.
(4) Filing unit means the
			   individual or individuals whose needs are considered in determining eligibility
			   for, and the amount of, a payment of RCA for which Federal funding is
			   claimed.
(5) Registrant means an
			   individual who has registered for employability services set forth in this
			   Subpart.
(6) Authorized service
			   provider means a public or private community agency that has entered into a
			   contract with the office to provide employment services to recipients of
			   RCA.
(7) Employability services
			   means services designed to enable an individual to obtain employment and to
			   improve the employability or work skills of the individual.
(8) Local resettlement agency means a local
			   affiliate or subcontractor of a national voluntary agency that has entered into
			   a grant, contract, or cooperative agreement with the United State Department of
			   State or other appropriate Federal agency to provide for the reception and
			   initial placement of refugees in the United States.