Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Payment for authorized public assistance in the family assistance and safety
net assistance programs must be made by issuance of an unrestricted money
payment where practicable, except when the applicant/recipient requests in
writing that vendor or protective payments be made or as otherwise provided in
Part 370 of this Title or when office regulations require or authorize goods or
services to be purchased or otherwise provided or under the special
circumstances specified in this Part.
(b) The office may contract with a public or
private entity for a statewide electronic benefit transfer (EBT) system for the
distribution of public assistance cash grants and allowances, Federal food
stamp benefits, State/local food assistance benefits and safety net program
benefits to eligible grantees provided:
(1) a
proposed plan of operation, in accordance with office requirements, is
submitted by the EBT contractor to the office for its approval prior to the
implementation of the statewide EBT system;
(2) the EBT contractor is accessible via a
toll-free telephone number to the grantees who are to be served by such
contractor;
(3) at the time of EBT
implementation within each local district or in any political or other
geographic subdivision of such district, the office publishes a list of cash
access points and solicits comment on the adequacy of the access;
(4) the office works with the EBT contractor
to establish cash access points at a broad range of businesses and community
facilities including community centers, senior citizen centers, education and
job skills training sites and local housing authorities;
(5) the EBT contractor is required to give
appropriate notification to the office of unaccessed payments and benefits;
and
(6) the office makes available
to each recipient, training materials and instructions about the use of the EBT
system, which must include:
(i) transactions
and services provided through the EBT system and any limitations
thereon;
(ii) recipient rights,
responsibilities and liabilities under EBT;
(iii) the process for reporting lost or
stolen EBT access cards or for reporting unauthorized access to
accounts;
(iv) the process for
replacement of access cards and procedures to obtain needed benefits until the
card is replaced; and
(v) a
toll-free telephone procedure by which recipients can obtain account balances
and transaction history; and
(7) each social services district is required
to convert to the EBT system designated by the office as its electronic benefit
distribution mechanism to the degree such system is available as soon as such
system is made available by the office to the local district.
(c) A statement to a recipient,
explaining the reason for a regular or special payment, is not restrictive when
so worded as to establish clearly that the explanation:
(1) is being given in order to show the
recipient how the office has arrived at the amount of the payment;
(2) shows no evidence of an intent to
restrict the use of the grant; or
(3) does not direct that the assistance
payments be applied to specific bills or for the purchase of specific goods or
services.
