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 352.14 - Contributions from relatives

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 The ability of the spouse of a public assistance applicant or recipient or the
			 parent or stepparent of a minor to support such individual must be determined.
(1) If the parent or stepparent of a minor
			 for whom public assistance is requested is living outside the minor's
			 household, the applicant must be referred to the child support enforcement unit
			 established pursuant to Part 347 of this Title. If the applicant or recipient
			 is pregnant with or is the mother of an out-of-wedlock minor child, the
			 applicant and/or recipient must cooperate in establishing paternity and
			 securing support for the child, unless the child has been surrendered to the
			 local social services commissioner for the purpose of adoption or, for a period
			 not to exceed 90 days after birth of the child, when such surrender for
			 adoption is under consideration. If there are no minor children, but the
			 applicant's spouse resides outside the household, the applicant must petition a
			 court of appropriate jurisdiction for spousal support.
(2) If the spouse or parent of an applicant
			 resides with the public assistance household, the income of the spouse or
			 parent must be applied in accordance with section
			 352.30 
			 of this Part.
(3) If the stepparent
			 of a child receiving assistance is living in the child's home and not applying
			 as a member of the assistance unit, all the earned and unearned income of the
			 stepparent, after applying the following disregards, is considered available to
			 the assistance unit:
(i) the first $75 of the
			 stepparent's gross earned income, if he or she is employed full-time or
			 part-time and throughout the month (according to the industry standard), shall
			 be disregarded;
(ii) an amount for
			 the support of the stepparent and other individuals who are living in the home,
			 but whose needs are not taken into account in making the public assistance
			 eligibility determination, if those other individuals were or could be claimed
			 by the stepparent as dependents for purposes of determining the stepparent's
			 Federal personal income tax liability. This disregarded amount shall equal the
			 standard of need, including special needs, for a family group of the same size
			 and composition as the stepparent and the other dependent individuals not in
			 the assistance unit;
(iii) verified
			 alimony and child support payments actually paid to individuals not living in
			 the household; and
(iv) amounts
			 actually paid by the stepparent to individuals not living in the home but who
			 are claimed by him as dependents for purposes of determining his Federal
			 personal income tax liability.
(4) If the stepparent of a child receiving
			 public assistance is living outside of the child's home, the income of that
			 stepparent may not be assumed to be available to the stepchild. However, when a
			 stepparent refuses to voluntarily provide support for the stepchild,
			 appropriate steps must be taken to obtain an order of support from the Family
			 Court.
(5) The income of a
			 stepparent receiving supplemental security income (SSI) is not considered to be
			 available to the ADC assistance unit.