New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 352 - Standards of Assistance › Section 352.8 - Standard of assistance and allowances for persons not living in their own homes; cost of residence for families living in shelters for families

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The standard of
			 need includes an allowance to be provided by each social services district for
			 persons residing in the following living situations: room and board; approved
			 residential programs for victims of domestic violence; maternity homes; family
			 homes or boarding homes; family care or residential care facilities;
			 drug-abuse-control facilities and residential facilities for the mentally
			 disabled. With respect to residential programs for victims of domestic violence
			 operated in accordance with the provisions of Parts 452 and 453 or 454 or 455
			 of this Title, the allowance is established in accordance with the provisions
			 of Part 408 of this Title. With respect to a family or pregnant woman properly
			 referred and admitted to a shelter for families operated in accordance with the
			 provisions of Part 900 of this Title, the standard of assistance is and the
			 social services district making such referral must pay to the shelter the
			 family's cost of residence in the shelter, for periods of residence authorized
			 by Part 900, at a rate approved pursuant to section
			 900.16 
			 of this Title. Part 900 governs all costs, payments and allowances for
			 maintenance of persons residing in family shelters.
(b) Each social services official must
			 establish:
(1) An allowance for each
			 recipient or family purchasing room and/or board to cover the cost of board,
			 room rent and other expenses, except where such items and services are
			 furnished by a legally responsible relative or a recipient of public
			 assistance. This allowance, including but not limited to rates set for entities
			 governed by section
			 352.3(e) 
			 of this Part, is subject to review and approval by the Office of Temporary and
			 Disability Assistance (the office) pursuant to a timetable established by the
			 office in accordance with paragraph (2) of this subdivision. For each recipient
			 or family purchasing room and/or board from an individual, family or from a
			 commercially operated boarding house, such allowance cannot exceed the sum of
			 the statewide monthly grant and allowance, the statewide monthly home energy
			 payments, the statewide monthly supplemental home energy payments and the local
			 agency monthly shelter allowance schedule without children as contained in
			 section
			 352.3(a)(1) 
			 of this Part.
(2)
			 [
Reserved
]
(3) An
			 allowance for each person residing in a maternity home, at the lowest rate for
			 which suitable care can be purchased from such facility.
(4) An allowance for each recipient receiving
			 care in a Level 1, Level 2 or Level 3 certified congregate care facility. The
			 allowance is based on the rates provided for care and maintenance under the
			 Supplemental Security Income Program for SSI beneficiaries residing in the same
			 facility, less the amount of any personal needs allowance included in the SSI
			 rate. The facilities included are:
(i) Level
			 1. Family-type homes certified by the Office of Children and Family Services
			 and family care homes certified by the Office of Mental Health or the Office of
			 Mental Retardation and Developmental Disabilities.
(ii) Level 2. Residences for adults certified
			 by the Department of Health; programs providing intensive residential
			 rehabilitation services, community residential services or supportive living
			 services certified by the Office of Alcoholism and Substance Abuse Services;
			 supportive community residences, supervised community residences and
			 individualized residential alternatives certified by the Office of Mental
			 Retardation and Developmental Disabilities; and apartment treatment, congregate
			 treatment and congregate support facilities certified by the Office of Mental
			 Health. For purposes of this subparagraph, congregate care Level 2 facilities
			 do not include intermediate care facilities or respite care
			 facilities.
(iii) Level 3. Adult
			 homes and enriched housing programs certified by the Department of Health and
			 schools for the mentally retarded certified by the Office of Mental Retardation
			 and Developmental Disabilities.
(5) An additional allowance for each public
			 assistance applicant/recipient who meets the requirements of section
			 349.4  or
			 section
			 369.4(c) 
			 of this Title concerning temporary absences from the home and who is receiving
			 Level I, Level 2 or Level 3 care in a certified congregate care facility listed
			 in paragraph (4) of this subdivision at the rates provided for care and
			 maintenance under the Supplemental Security Income Program for SSI
			 beneficiaries residing in the same facility, less the amount of any personal
			 needs allowance included in the SSI rate.
(6) A per diem rate to cover the costs of
			 shelter, care and other activities in an approved residential program for
			 victims of domestic violence for persons who are in receipt of public
			 assistance and care at the time of admission to the program or who apply for
			 emergency assistance to needy families, family assistance, safety net
			 assistance or any other form of public assistance and care under section 131 or
			 131-a  of the Social Services Law, during the time of residency in such program
			 and are found eligible for such assistance and care. This rate must be
			 established in accordance with the provisions of Part 408 of this
			 Title.