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 351.9 - Concurrent benefits prohibited
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Definitions. For purposes of this section:
(b) No individual may receive concurrent benefits unless a social services official, in accordance with the policies or directions of the department, specifically has determined that such duplication of benefits is necessary and appropriate due to specific case circumstances which are stated in the case record.
(c) If a social services official learns that an individual is applying improperly for or receiving benefits when such individual is also receiving, or has been approved to receive, concurrent benefits in that social services district, or in another social services district, state, territory or commonwealth, then the social services official must deny the benefits for which the individual, legally responsible relative or payee is applying, or must discontinue any concurrent benefits being provided for such individual.
(d) A determination that an individual is receiving or applying for concurrent benefits must be based on information which establishes with reasonable certainty that the same individual is receiving or applying for assistance to meet the same needs in the same or separate subdivisions of that social services district, or in another social services district, state, territory or commonwealth. Information used to identify an individual with reasonable certainty includes, but is not limited to:
(e) A social services official discovering or investigating the application for or receipt of concurrent benefits must notify any other social services entity which has authorized payment for benefits which are concurrent and inform such social services entity of the existence of the concurrent cases and of the action that the referring social services official has taken or plans to take. A social services official that has been notified that concurrent benefits are being claimed or paid, must, after an investigation, take any necessary action to assure that only appropriate social services benefits are being provided to any individual identified as receiving concurrent benefits.
(f) Subject to the provisions of sections 358-3.3(g), 358-3.6(a)(2)(vi) and 358-3.6(c)(2)(iii) of this Title, individuals whose benefits are being discontinued are entitled to aid continuing as defined in section 358-2.5 of this Title for only one open case in the State during the time period in which concurrent benefits are denied or terminated. Social services officials must make determinations to discontinue or deny benefits to individuals applying for or receiving concurrent benefits by issuing, to the extent permitted by Part 358 of this Title, only adequate notices that do not afford to such individuals any right to receive aid continuing as defined in section 358-2.5 of this Title for more than one open case at one time in the State.
