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 2 - Determination of Eligibility-Categorical
Part 366 - Child Assistance Program
Section 366.5 - Need standards and allowances
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The amount of the child assistance benefit will be established by the Office of Temporary and Disability Assistance, subject to the approval of the Director of the Budget. The maximum benefit a CAP household must receive is dependent upon the number of children participating in CAP and the district in which the family is residing. Districts are separated into three different categories: Category A, Category B and Category C. The maximum benefits and districts which comprise each category are:
Maximum Monthly CAP Benefits
| Number of CAP Children | Category A | Category B | Category C |
| 1 | $390 | $350 | $280 |
| 2 | $483 | $443 | $373 |
| 3 | $576 | $536 | $466 |
| 4 | $670 | $630 | $560 |
| 5 | $763 | $723 | $653 |
| 6 | $856 | $816 | $746 |
| 7 | $950 | $910 | $840 |
The districts in each category are:
Category A districts
Nassau, Rockland, Suffolk and Westchester.
Category B districts
Broome, Delaware, Dutchess, Genesee, Jefferson, Monroe, New York City, Onondaga, Ontario, Orange, Orleans, Otsego, Putnam, Seneca, Sullivan, Tioga, Tompkins, Ulster, Warren and Wayne.
Category C districts
Albany, Allegany, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Erie, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Lewis, Livingston, Madison, Montgomery, Niagara, Oneida, Oswego, Rensselaer, St. Lawrence, Saratoga, Schenectady, Schoharie, Schuyler, Steuben, Washington, Wyoming and Yates.
(b) The Office of Temporary and Disability Assistance may develop a benefit methodology which will provide for the periodic adjustment of the benefit level to reflect changes in maximum monthly grants and allowances in the FA program. Under the methodology the office has developed, the earned and unearned income of a CAP household is applied against the maximum CAP benefit as described in subdivision (a) of this section to determine eligibility and benefit amount.
(c) Unearned income of a CAP household is fully applied against the maximum benefit when determining eligibility and benefit amount.
(d) Earned income of a CAP household is applied against the maximum benefit after first disregarding a percentage of the earnings. When more than one CAP filing unit member has earned income, the amount of earned income must be combined before disregarding a percentage of the earnings. The percentage of earnings disregarded is 90 percent up to the 1989 monthly poverty level of the CAP household and 33 percent above the 1989 monthly poverty level of the CAP household.
