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 369 - Family Assistance
Section 369.5 - Determination of category
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 369.5
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Full utilization of Federal categorical assistance. Family assistance shall be granted to persons eligible or presumptively eligible therefor in compliance with office regulations.
(b) Utilization of Federal Supplemental Security Income program (SSI).
(1) Individuals who apply for or are
receiving FA and who appear to be eligible for SSI benefits must, as a
condition of eligibility for FA, apply for and cooperate with all requirements
set forth by the Social Security Administration for making a determination of
that individual's eligibility for SSI. If an applicant or recipient refuses to
cooperate in applying for SSI benefits for himself or herself or for a member
of the FA household, his or her needs shall be eliminated from the
budget.
(2) When the only remaining
child in an FA household becomes eligible for SSI benefits, the needs of the
dependent relative, if otherwise eligible, shall be provided as FA until the
child would no longer be FA-eligible.
(3) When an individual in the FA household
becomes eligible to receive SSI benefits, and no FA-eligible individual remains
in the household, FA assistance shall not be provided.
(c) Utilization of FA category for pregnant women. Family assistance shall be granted to a needy pregnant woman whose pregnancy has been medically verified, provided that the woman would have been eligible for FA if such child had been born and was living with her.
(d) Ineligibility for FA benefits.
(1) No family shall be categorically eligible
for FA for any month in which the caretaker relative with whom the child is
living is, on the last day of such month, participating in a strike.
(2) If an FA recipient, other than a
caretaker relative, is participating in a strike on the last day of a month,
such individual shall be ineligible for FA benefits for such month.
(3) For the purposes of this subdivision,
striker shall mean the term striker as defined by the National Labor Relations
Board (29
U.S.C. 142 [2]).
(4) For the purposes of this subdivision, the
term participating in a strike means concerted cooperation and support for a
strike action.
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