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 351 - Investigation and Eligibility
Section 351.1 - Investigation
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 351.1
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Definition. Investigation is a continuous process which is concerned with all aspects of eligibility for public assistance or care from the period of initial application to case closing. Investigation means the collection, verification, recording and evaluation of factual information on the basis of which a determination is made of eligibility and degree of need, or of ineligibility, for any form of public assistance or care.
(b) Responsibility for furnishing information.
(1) The social services official
shall:
(i) provide applicants and recipients,
and others who may inquire, with clear and detailed information concerning
programs of public assistance, eligibility requirements therefor, methods of
investigation and benefits available under such programs; and
(ii) inform each applicant and recipient, at
the time of application and subsequently, of such person's initial and
continuing responsibilities to furnish the information described in paragraph
(2) of this subdivision.
(2) Each applicant and recipient must, as a
condition of eligibility for themselves or others:
(i) provide accurate, complete and current
information on his or her needs and resources as well as the whereabouts and
circumstances of responsible relatives;
(ii) furnish evidence to provide verification
of those factors which affect eligibility and the amount of entitlement,
including:
(a) identity;
(b) residence;
(c) family composition;
(d) rent payment or cost of
shelter;
(e) income from any
source;
(f) savings or other
resources; and
(g) lawful residence
in the United States, if the recipient is an alien;
(iii) apply for and utilize any benefits or
resources that will reduce or eliminate the need for public assistance or
care;
(iv) make a timely report to
the district of any changes in his or her needs and resources. A report will be
considered timely if made within 10 days of the changes except as provided in
section
351.2(k)(4)
of this Part. A report to a social services district concerning changes in
income must be made timely. Such a report will be considered timely if made
within the time frames specified in section
352.19(b)
of this Title; and
(v) cooperate
with the social services official in fulfilling necessary reporting
requirements for public assistance programs, and at a minimum provide accurate,
current and complete demographic and income information required to meet
Federal reporting requirements, including:
(a)
information concerning themselves if they are caretaker relatives who are not
legally responsible for minor children on whose behalf an application for
public assistance has been made or for whom public assistance is provided and
information concerning the children under their care; and
(b) information concerning minor siblings of
a child on whose behalf an application for public assistance has been made or
for whom public assistance is provided if the siblings reside in the household
of the child.
(c) Responsibility
for prompt determination of eligibility. Upon receipt of an application for
assistance, the social services official shall conduct an investigation and
secure, record and evaluate the findings thereof in order to:
(1) promptly determine eligibility or
ineligibility for public assistance;
(2) determine the type of public assistance
or care, including food stamps required, and authorize such
assistance.
(d)
Constitutional and statutory rights of applicants and recipients. Any
investigation or reinvestigation of eligibility shall be conducted in a manner
that will not result in practices that violate an applicant's or recipient's
constitutional rights. An applicant or recipient shall be permitted to appear
with an attorney or other representative at any interview or conference with a
representative of a social services district, whenever such interview or
conference relates to questions of eligibility for public assistance and care,
or the amount to which the person interviewed is or was entitled.
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