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
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 352.14
Current through Register Vol. 46, No. 39, September 25, 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.
(b) The immediate or potential availability of new, increased or continuing contributions from other relatives shall be explored and determined.
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