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 350 - Application
Section 350.3 - General

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Application rights.

(1) Any person has the right to make application for that form of public assistance or care that he or she believes will meet his or her needs. The applicant or any adult member of the applicant's family has the right to make application for such assistance or care. If a person establishes a good cause reason, in accordance with section 351.26 of this Title, that prevents the person from applying for public assistance, that person may designate in writing a person to act on the person's behalf, including a relative, friend, other agency or institution, and that designee must have the right to make an application on the person's behalf and provide information to the social services district to determine the person's initial and continuing eligibility for public assistance. The designation of an authorized representative does not relieve the person of the obligation to cooperate with all aspects of initial and continuing eligibility for public assistance and to provide timely and accurate information to the social services district.

(2) A social services district may set a limit on the number of households an authorized representative may represent. Prior to implementing that limit, a social services district must identify the circumstances under which the limit will be imposed and submit such circumstances to this office for approval.

(b) All applications shall be processed promptly. The date of application shall be the date of receipt by the social services official of a signed completed application on the State-prescribed form. While documentation is required for the determination of eligibility, it shall not be a prerequisite to filing an application.

(c) A personal interview with the applicant or a designated representative is required in all cases to establish eligibility for public assistance. Interviews must ordinarily be scheduled within seven working days, except when there is indication of emergency need, in which case the interview must be held at once. The social services district may allow an interview via telephone or other digital means at the request of the applicant or recipient.

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