Current through Register Vol. 46, No. 39, September 25, 2024
(a)
The budgetary method shall be applied to the individual case to determine
eligibility and the amount of the grant and/or the amount to be paid for a
"purchase of service."
(b) When the
estimate of regularly recurring need based on the regulations of the department
exceeds the available income and/or resources, the difference shall be known as
a "budget deficit." When the available income and/or resources exceed the
estimate of regularly recurring need, the difference shall be known as a
"budget surplus."
(c) An individual
or family shall be entitled to public assistance and care when a budget deficit
exists; provided, however, a household shall not be deemed in need and entitled
to any cash assistance when there is a budget deficit of less than
$10.
(d) Where investigation has
been completed and need established on a continuing basis, the regularly
recurring cash grant shall meet the full budget deficit, if there is one,
and/or provision shall be made for the purchase of service when need is based
on the need for such service, except that when the estimate of regularly
recurring need and/or the amount of the assistance grant based on the
regulations of the department do not equal a whole dollar amount, the amount(s)
shall be rounded down to the next whole dollar amount.
(e) When an item is paid by voucher or
restricted grant, the amount paid must be deducted from the ensuing regularly
recurring cash grant. When payments for heat and/or domestic energy (lights,
cooking, hot water) are made by voucher, amounts not to exceed the following
are to be removed from the grant:
(1) For
heat only bills, the fuel for heating allowance, as defined in section
352.5(b)
of this Part, is to be removed from the grant for a recipient not residing in
or budgeted in accordance with Section 8 certificate housing provisions as
outlined in section
352.31(d)(2)(ii)
of this Part. An amount equal to the appropriate fuel allowance schedule set
forth in section
352.5(b)
of this Part for the appropriate heating type and public assistance household
size is to be removed from the grant for a recipient residing in Section 8
certificate housing or budgeted in accordance with the Section 8 certificate
housing provisions outlined in section
352.31(d)(2)(ii)
of this Part.
(2) For domestic only
bills, an average monthly amount of the domestic energy cost is to be removed
from the grant. However, when the recipient's utility bill (heat and/or
domestic energy) is placed on voucher payment as a result of recipient
mismanagement, the provisions set forth in section
352.5(g)
of this Part apply. In the case where the amount paid is for a period of more
than one month, the deduction from the ensuing regularly recurring cash grants
must be for the same number of months for which the bill is being
paid.
(f) When the
budget deficit increases between periods covered by the last regularly
recurring grant, a special grant shall be made for the difference. This shall
include the allowance necessary to provide on a prorated basis for an
additional member of the household or for a member of the public assistance
household who returns home for a visit.
(g) When an applicant for public assistance
or care is an essential person in an SSI case, the amount of his/her essential
person payment shall be considered as income and available to the applicant in
determining his/her eligibility and degree of need.
(h) Treatment of income in excess of standard
of need.
(1) For public assistance
households, when the assistance unit's monthly income after application of
applicable disregards exceeds the household's needs because of receipt of
non-recurring lump sum earned or unearned income, (including retirement,
survivors', and disability insurance benefits as provided for under title II of
the Social Security Act; other retroactive monthly benefits; and payments in
the nature of a windfall, e.g., inheritances or lottery winnings, personal
injury and workers' compensation awards), except to the extent that such lump
sum income is earmarked and used for the purpose for which it is paid (e.g.,
monies for previously incurred medical bills resulting from an accident or
injury; funeral and burial costs; and replacement or repair of resources), the
family will be ineligible for aid for a calculated period. This period is
calculated by dividing the sum of the lump sum income and any other income
received during the month, after applicable disregards for the month, by the
household needs for a family which consists of the family assistance or safety
net assistance unit plus any other individual whose needs are taken into
account in determining eligibility and the amount of the grant. Any income
remaining from this calculation is income in the first month following the
period of ineligibility.
(2) The
local district shall shorten the period of ineligibility in any one or more of
the following cases and in the following manner:
(i) by excluding from any lump sum income for
which this subdivision applies any amount which would be exempt and disregarded
as cash and liquid or non-liquid resources because it does not exceed the
resource eligibility limit as established under section
352.23(b)
of this Part;
(ii) by recalculating
the period of ineligibility based upon the new standard of need and the amount
of the lump sum which would remain if a proportionate amount thereof had been
granted in each month of ineligibility, when an event occurs which, had the
family been receiving assistance for the month of occurrence, would result in a
change in the amount of assistance payable for such month; or
(iii) by recalculating the period of
ineligibility based upon the actual amount of the lump sum remaining when the
income received or a portion thereof has become unavailable to the members of
the family for reasons that were beyond the control of such members.
Unavailable shall mean the family no longer has the lump sum income. Reasons
which are considered to be beyond the control of the family shall include but
are not limited to any event or circumstances which the family did not foresee
or could not prevent, such as loss or theft of income or a life threatening
circumstance; or
(iv) by
recalculating the period of ineligibility based upon the actual amount of the
lump sum remaining when the family incurs, becomes responsible for, and pays
medical expenses as defined under the Medical Assistance Program in the month
of ineligibility; or
(v) by
recalculating the period of ineligibility based upon the actual amount of the
lump sum remaining if the family, within 90 days of receipt of the lump sum,
has used any or all of the lump sum for the following exempt resources:
(a) to purchase an automobile that is needed
to seek or retain employment or for travel to and from work activities and
which is exempt from the public assistance resource limit under section
352.23(b)
of this Part; or
(b) to open a
separate bank account or bank accounts that are exempt from the public
assistance resource limit under section 352.23(b) of this Part for the purpose
of purchasing an automobile to seek or retain employment or for the purpose of
paying tuition at a two-year or four-year accredited post-secondary educational
institution; or
(c) to purchase a
burial plot that is exempt from the public assistance resource limit under
section
352.23(b)
of this Part; or
(d) to purchase a
bona-fide funeral agreement that is exempt from the public assistance resource
limit under section
352.23(b)
of this Part.
(3) In instances when an individual makes a
voluntary payment of excess income to a local district as recovery for past
assistance granted, the provisions of paragraph (1) of this subdivision shall
not apply; however, if the amount of the excess income exceeds the amount of
past assistance, the provisions of paragraph (1) of this subdivision shall
apply to the remainder.
(i) Residency.
(1) In accordance with section 131-a (3) of the Social
Services Law, the following rules apply for persons entering this State and
applying for home relief. For the first six months after establishing residency
in this State, home relief benefits are limited to the standard of payment in
the state in which the applicant resides immediately prior to establishing
residency in this State. In no event can the grant be greater than the grant
for which the applicant would otherwise be eligible for under this Title. For
purposes of this subdivision, the standard of payment which would be available
under the laws of another state refers to a schedule of comparative grants
which the department will distribute to each social services district and other
interested parties and which will be effective on July 1st of each odd numbered
year, beginning in 1995. The schedule will set forth, for any state which
financially participates in or mandates a program of assistance generally
available to needy persons meeting specified income and resource requirements,
the amount of the state's maximum standard of payment, if any, for each
household size. If there is no general assistance program in the state in which
the applicant previously resided, home relief will not be payable for the first
six months after establishing residency in this State. Home relief benefits are
not payable for persons entering this State from outside the United States, its
territories or possessions for the first six months after they establish
residency in this State.
(2) For
purposes of this subdivision, an individual establishes when his or her
residency in this State began by providing to the appropriate employee of the
social services district information showing when the individual entered the
State and establishing that the individual is currently residing in the State
with a fixed intention to remain here.
(3) This subdivision will apply to recipients
of aid to dependent children when all necessary Federal approvals are
obtained.
