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 366.6 - Budgeting

(a) A participant is no longer eligible for CAP when such individual is not eligible for benefits for four consecutive months.

(b) Once the CAP benefit has been determined for a payment quarter, no recalculation of the CAP benefit may be made during that payment quarter if the family experiences an increase or decrease in income. This provision does not apply to nonfinancial changes which are not related to income which impact the CAP benefit.

(c) CAP participants are not eligible to receive the child support pass-through provided for in section 352.15 of this Title. However, when a family's monthly CAP benefit (including any special allowances and recoupment amounts) is less than the amount of current child support received by the agency in the same month, the district must provide the family with the difference. This process, known as support reconciliation, must be completed by the district when each quarterly report is received. Such payments are not considered income for CAP.

(d) The public assistance lump sum provision of section 352.29(h) of this Title does not apply to CAP. CAP households are allowed to retain lump sums that are less than one quarter of the 1989 poverty level without impacting their CAP eligibility. When a member of the CAP household receives a lump sum which is more than one quarter of the 1989 poverty level, the household is ineligible for public assistance for the number of CAP payment quarters which equals the amount of the lump sum divided by the quarterly poverty level.

(e) Grandparent and stepparent deeming must be applied in determining CAP eligibility and benefit amount when a grandparent or stepparent is legally responsible for a CAP filing unit member but is not drawn into the CAP filing unit. CAP stepparent and grandparent deeming follow the same procedures used for public assistance found at section 352.14(a)(3) of this Title for the deeming of income, except that CAP deeming substitutes the 1989 monthly poverty level for the work disregard found at section 352.14(a)(3)(i) of this Title and the standard of need disregard found at section 352.14(a)(3)(ii) of this Title.

(f) The cooperative budgeting procedures found at section 352.32(e) of this Title do not apply when a CAP filing unit resides in the same home with a public assistance filing unit.

(g) The undue hardship reduction procedures found at section 352.31(d)(2) of this Title do not apply to CAP.

(h) The gross income limits found at section 352.18 of this Title do not apply to CAP.