Current through Register Vol. 46, No. 39, September 25, 2024
Additional statutory authority: Social Services Law,
§§ 20, 34; L. 1971, ch. 110, § 83
(a)
Public assistance.
(1) Definition of temporary absence. For the
purpose of administration public assistance programs, except the program of
medical assistance,
temporary absence shall mean any absence
from the district administering the grant and/or public assistance household,
during which the applicant or recipient:
(i)
does not leave the United States;
(ii) does not evidence intent to establish
residence elsewhere; and
(iii)
complies with this subdivision and other provisions of this Title.
(2) Determination of grant during
temporary absence. The social services district's decision to provide a grant
during temporary absence as defined in paragraph (1) of this subdivision shall
be based upon consideration of the following factors:
(i) Evidence of intent to return to the
district of administration and/or public assistance household when the purposes
of his or her absence have been accomplished. If such temporary absence extends
beyond a six- month period, the absent person shall submit affirmative evidence
satisfactory to the district of administration of his or her continuing
intention to return to the district and/or public assistance household, and
that he or she is prevented from returning to the district and/or public
assistance household because of illness or other good cause. If a recipient
fails to comply with this requirement, he or she shall be deemed ineligible for
a continuance of his or her grant.
(ii) Continuing financial need for a grant in
the same or a different amount.
(iii) Continuing contact with the recipient
by the district through correspondence or through use of the services of
another social services agency located within or outside the State.
(3) Nothing in this subdivision
shall limit the continuing responsibility of a social services district for
payment of costs of care provided in another social services district in New
York State.
(b)
Medical assistance.
An individual who dwells in the State and who intends to
continue to dwell in the State shall be deemed to be a resident of the State
without regard to his length of residence therein. At the time an individual
incurs the need for medical care, he shall be deemed to be temporarily absent,
within or without the State, from the public welfare district in which he
dwells if, prior to such absence, he was affirmatively dwelling in such public
welfare district, has evidenced intent to return there and there is lack of
affirmative evidence of his intent to establish permanent residence
elsewhere.
