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 358 - Fair Hearings: Family Assistance, Safety Net Assistance, Medical Assistance, Emergency Assistance to Aged, Blind or Disabled Persons, Emergency Assistance to Needy Families With Children, Supplemental Nutrition Assistance Program, Home Energy Assistance, and Services Funded through the Department of Family Assistance
Subpart 358-1 - Scope And Effective Date
Section 358-1.2 - Applicant/recipient
Current through Register Vol. 46, No. 39, September 25, 2024
For applicants and recipients, these regulations govern the following:
(a) Notice. These regulations set forth what information you are entitled to receive if you have been accepted for or denied public assistance, medical assistance, HEAP, or SNAP benefits or services, or if there is to be a discontinuance, reduction, or suspension in the public assistance, medical assistance, or SNAP benefits or services which you are receiving, or if there is an increase in the public assistance, medical assistance, or SNAP benefits you are receiving, or if there is to be a change in the calculation of such assistance or benefits, or if you are involuntarily discharged from a tier II facility as defined in Part 900 of this Title.
(b) Timing. These regulations set forth the time periods within which you are obligated to request a fair hearing and/or conference if your application for public assistance, medical assistance, HEAP, or SNAP benefits or services is not acted upon in a timely manner, or if you have been denied public assistance, medical assistance, or SNAP benefits or services, or if there is to be a discontinuance, reduction, or suspension in the public assistance, medical assistance, or SNAP benefits or services you are receiving, or if there is an increase in the public assistance, medical assistance, or SNAP benefits you are receiving, or if there is to be a change in the calculation of such assistance or benefits; or if you are told that you have received an overissuance of SNAP benefits.
(c) Procedures. These regulations set forth what you are required to do to have an action of a social services agency reviewed when you are denied public assistance, medical assistance, SNAP, or HEAP benefits or services, or when there is a discontinuance, reduction, or suspension in the public assistance, medical assistance, or SNAP benefits or services which you are receiving, or when there is an increase in the public assistance, medical assistance, or SNAP benefits which you are receiving, or if you are involuntarily discharged from a tier II facility as defined in Part 900 of this Title, or if the social services agency has not acted in a timely manner, or if there is a change in the calculation of such assistance or benefits, or if you are told that you have received an over-issuance of SNAP benefits; how to ask for a conference and fair hearing; how to exercise your right to have your public assistance, medical assistance, or SNAP benefits or services continued until a hearing decision is issued; how to request another hearing date if you are unable to attend the fair hearing on the day it is scheduled to be held; how to get an interpreter if you do not speak English or if you are deaf; and whom you may bring to a conference or fair hearing.
(d) Decision. These regulations set forth what you should do if the social services agency which is a party to the fair hearing does not comply with your fair hearing decision.
